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HomeMy WebLinkAboutord2015-037WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2015 -047n CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: twh 07.17.15 07.21.15 Introduction Originator,- p\\ /�/7 E C E� E D Division Head: ° u v JUL 2 0 2015 WHATCOM COUNTY COUNCIL 814/15 SCOTW /Council Dept. Head. Prosecutor: 3 -7)-;0/)j6- Purchasin /Butt et: Executive: TITLE OF DOCUMEN . pt the request of the City of Bellingham: Ordinance amending Ordinance 2015 -025, which created a Whatcom County Incarceration Prevention and Reduction Task Force ATTACHMENTS: Executive Memo City of Bellingham Memo Revised County Council Ordinance Resolution being considered by City of Bellingham SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) j Executive Louws requests Council review and consideration of the City's requested changes to the Ordinance to establish an Incarceration Prevention and Reduction Task Force as approved by Council on 06.09.15. The City of Bellingham anticipates action on the Jail hiterlocal Agreement pending the approval of their requested changes to Ordinance 2015 -025. COMMITTEE ACTION: COUNCIL ACTION. 8/4/2015: Amended and forwarded to Council for approal 7/21/2015: Amended and Introduced 6 -0, Mann absent 8/4/2015: Amended and adopted 6 -0, Mann absent, Ord. 2015 -037 Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Ord. 2015 -037 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us /council. j Ord. Amending WCC 2.46, Incarceration Prevention and Reduction Task Force, as Adopted August 4, 2015 - clean version SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: July 21, 2015 ORDINANCE 2015- 037 ORDINANCE AMENDING ORD2015 -025, WHICH CREATED A WHATCOM COUNTY INCARCERATION PREVENTION AND REDUCTION TASK FORCE INTENDED TO PROVIDE RECOMMENDATIONS, OVERSIGHT, AND SPECIFIC TIMEFRAMES ON THE DEVELOPMENT OF NEW, OR ENHANCEMENT OF EXISTING, PROGRAMS DESIGNED ALONG A CONTINUUM THAT EFFECTIVELY REDUCES INCARCERATION OF INDIVIDUALS STRUGGLING WITH MENTAL ILLNESS AND CHEMICAL DEPENDENCY, AND MINIMIZES JAIL UTILIZATION BY PRETRIAL DEFENDANTS WHO CAN SAFELY BE RELEASED WHEREAS, in 2012 the Jail Planning Task Force recommended that space be found for a behavioral health triage facility with sufficient capacity and capability to offer pre- booking diversion from jail; and WHEREAS, the proposed countywide jail is currently designed to include needed space for expanded medical and mental health program space in that facility; and WHEREAS, the Whatcom County Health Department has been planning toward an expanded and new crisis triage facility to provide an alternative to the jail or the hospital emergency room; and WHEREAS, the Whatcom County Council and Whatcom County Executive are committed to these facilities and programs related to behavioral health issues and share the commitment to reduce jail populations and reduce recidivism through jail alternative programs and the County has the financial capacity and is committed to providing the capital and operating funds necessary for a new or expanded crisis triage center; and WHEREAS, the County currently provides behavioral health programs funded through the Behavioral Health Tax, at approximately $4.1 million annually, which include a continuum of behavioral health services designed to reduce criminal justice involvement of people struggling with mental illness and chemical dependency and has earmarked $3 million in Behavioral Health Tax revenue reserves for the expansion and /or relocation of a new triage center; and WHEREAS, the County currently owns and operates a behavioral health crisis triage center and Interim Work Center on Division Street in Bellingham, which property the County may sell or transfer or repurpose for behavioral health uses, when the new countywide jail is completed and the County has agreed and ordained that if that property is sold or transferred, the resulting value and proceeds from the transaction will be applied by the County to facilities and programs that support the goals of treating and diverting individuals with behavioral health problems from the criminal justice system, such as a new or expanded multi - purpose triage center; and WHEREAS, these behavioral health facilities and programs are designed to achieve the following policy goals, 1) a reduction of the number of mentally ill and chemically dependent people using costly interventions like jail, emergency rooms, and hospitals; 2) a reduction of the number of people who recycle through the jail, returning repeatedly as a result of their mental illness or chemical dependency; 3) a reduction of the incidence and severity of chemical dependency and mental and emotional disorders in youth and adults; and 4) diversion of mentally ill and chemically dependent youth and adults from initial or further justice system involvement; and WHEREAS, the County's costs for current criminal justice and incarceration programs continue to rise every year; mental illness and chemical dependency problems have a significant impact on the utilization of these very expensive services; and successful diversion programs should result in substantial long term savings to the criminal justice system; and WHEREAS, the County intends to construct and operate a new or expanded multi - purpose diversion crisis triage center and intends to reduce long -term jail populations and reduce recidivism, by providing safe and effective medical, mental health and substance abuse services to individuals in need of such services. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the recently established County Code Chapter 2.46 is hereby amended as outlined in Exhibit A to this ordinance and as reflected in redline throughout this document. BE IT FURTHER ORDAINED that the initial tasks to be accomplished by the Task Force are as follows: A. Develop plans for a new or expanded crisis triage center for individuals struggling with mental illness and chemical dependency, including: 1. Substantive programming to be included and auxiliary services that would increase efficiency and effectiveness 2. Location and space needs criteria 3. Funding sources and recommendations for both construction and operations 4. Specific timeframes for decision - making and completion 5. Documentation of assumptions used to project the effectiveness and costs 6. Provide recommendations to the County for enhancements of alternative services in the existing facility prior to the expansion or relocation of the facility. B. Development recommendations for new, or enhancement of existing, programs designed along a continuum that effectively reduces incarceration of individuals struggling with mental illness and chemical dependency. BE IT FURTHER ORDAINED that the initial work of the Task Force for the above tasks shall be accomplished and reported to the County Council in the following phases: PHASE I - Review current practices and assigned resources, (facilities, programs, funding sources), and develop goals for new or modified programs, and projected operational objectives. Determine licensing requirements and program components. Provide general information on expenditures and sustainable revenue projections. Deliver the Initial Phase 1 report by January 10, 2016. PHASE II - As service facilities are identified in Phase I- develop facility specifications, identify possible facility options (either new or existing locations), analyze and recommend 1 or 2 options with projected short and medium term costs. Deliver the initial Phase 2 reports as completed, but no later than November 1, 2016. PHASE III - Develop specific operational plans and budgets leading to implementation of appropriate crisis intervention, triage services and incarceration prevention and reduction programs. Include details on schedules, assignment of responsibilities, projected outcomes anticipated, possible cost allocations between the County and the cities, and a basic business plan for each selected initiative. Deliver Lhe initial Phase 3 report with sufficient details to proceed with construction and prograrr rYiing of a new or expanded crisis triage center no later than March 2017. BE IT FURTHER ORDAINED that the County Council, with the full support of the County Administration, will implement a continuum of alternatives to incarceration and jail diversion programs with the following expectations and commitments of assistance for the Incarceration Prevention and Reduction Task Force, which will be provided without cost to the Signator Cities of the Jail Facility Use Agreement authorized by the Whatcom County Council on July 7t", 2015: • Complete a preliminary plan for the new or expanded crisis triage center and alternatives to incarceration and diversion programs and provide quarterly reports to the Council and Administration on Task Force progress. • Review national best practices for the before mentioned objectives and establish benchmarking of the County's performance against same. • Complete detailed planning sufficient to proceed with construction and programming of a new or expanded crisis triage center to start no later than March 2017. • Fund the support activities of the Task Force, including a robust and detailed planning process for the new or expanded crisis triage center and other recommended diversion programs. Initial funding for 2015 will be $75,000. • Identify opportunities to acquire governmental and non - governmental funding to support financing for the construction and operation of the new crisis triage center. • Commit to opening the new crisis triage center no later than the scheduled opening of the new countywide jail. • Expand, as soon as reasonably possible, available alternatives to incarceration such as probation services, subsidized home monitoring crisis intervention teams intensive case management, and other available programs as recommended by the Task Force and approved by the County Council lqy November 2016 using existin-g-funds and potential new funds as determined available by the County Council after passage of a sales tax ballot measure. • Negotiate interlocal agreements to provide services to the cities consistent with this ordinance if necessary. • Include, as part of the 2016 -2017 budget, funds to focus on incarceration fprewention and reduction programs, and work with the Task Force. ',,,,,1 APPRO t&s 4,'h day of _ .... August , 2015 WHATCOM COUNTY COUNCIL NTY WHATCOM COUNTY, WASHINGTON 4c - - Daqaa rown I , Carl Weimer, Cle'ek of the, l~Q � .' � Council Chair A9 fiO `. WHATCQ CO NTY ECUTIVE APPR VED F0 h� W M C UNT ASHINGTON 141� Jack Louws, oun tive ivil Deputy Prosecutor ( Approved ( ) Denied Date Signed: r EXHIBIT A Chapter 2.46 INCARCERATION PREVENTION AND REDUCTION TASK FORCE Sections: 2.46.010 Established. 2.46.020 Purpose. 2.46.030 Function. 2.46.040 Permanent Members. 2.46.050 Additional Appointed Members. 2.46.060 Term of Office. 2.46.070 Organization — Meetings. 2.46.080 Staff and Funding Support. 2.46.090 Reporting. 2.46.010 Established. There is hereby established a Whatcom County Incarceration Prevention and Reduction Task Force. 2.46.020 Purpose. The purpose of the Incarceration Prevention and Reduction Task Force is to continually review Whatcom County's criminal justice and behavioral health programs and make specific recommendations to safely and effectively reduce incarceration of individuals struggling with mental illness and chemical dependency, and minimize jail utilization by pretrial defendants who can safely be released. 2.46.030 Function. The Task Force will consider national best practices and report on and make recommendations to the County Council, Executive, and other appropriate officials regarding: A. The construction and operation of a new or expanded multi - purpose crisis triage facility to assist with jail and hospital diversion of individuals struggling with mental illness and chemical dependency; B. Development of new, or enhancement of existing, programs designed along a continuum that effectively reduces incarceration of individuals struggling with mental illness and chemical dependency; C. Effective pretrial service programs that assure that defendants appear for court proceedings while minimizing jail utilization by defendants who can safely be released; D. Necessary and effective programs and services that can assist offenders with successful transition from both the jail and triage center back to the community to reduce rates of recidivism and improve public health and safety; E. The ongoing staff support and funding for the Task Force; F. Review of the diversion programs of the County and all cities, and establishment of benchmarks to measure the effectiveness of the programs in reducing incarceration. 2.46.040 Permanent Members. The Incarceration Prevention and Reduction Task Force shall include the following 13 designated officials or their representative: A. One Member of the Whatcom County Council; B. Whatcom County Executive; C. Whatcom County Sheriff; D. Whatcom County Prosecuting Attorney; E. Whatcom County Public Defender Director; F. One Representative from the Whatcom County Superior Court or District Court; G. One Representative of the Bellingham City Attorney or Municipal Court or Police; H. One Representative from the Bellingham City Council I. City of Bellingham Mayor or designee; J. One Representative from the small cities designated by the Small Cities Caucus; K. One tribal representative from either the Lummi Nation or the Nooksack Tribe; L. One representative from the Whatcom County Health Department Human Services; M. North Sound Mental Health Administration Executive Director. 2.46.050 Additional Appointed Members. In addition to the officials designated above the Incarceration Prevention and Reduction Task Force shall include the following 11 members appointed by the Whatcom County Council: A. Whatcom Alliance for Health Advancement (WAHA) representative; B. Peace Health St. Joseph's Medical Center representative; C. Community Health Center representative; D. Emergency Medical Services (EMS) representative; E. Representatives from a Community Action Agency, a Mental Health Provider, Substance Abuse Treatment Provider (3); F. Consumer of Services or Family Member of Consumer (2); G. Concerned Citizens (2). 2.46.060 Terms of office for appointed members. The term of office for appointed members shall be four years; provided that the terms of those first appointed shall be staggered so that five will be appointed for two years, and six will be appointed for four years. Appointment of members shall comply with Chapter 2.03 WCC. 2.46.070 Organization — Meetings. A. Meetings of the task force shall be open and accessible to the public and shall be subject to the Open Public Meetings Act. B. At every meeting, the task force will schedule an open session to take public comment. C. Written records of meetings, resolutions, research, findings and recommendations shall be kept and such records shall be submitted to county staff and shall be made public, including posting on the county website. D. The task force shall adopt its own rules and procedures for the conduct of business. E. The task force shall elect a chairperson from among its members who shall preside at its meetings. F. The task force shall determine its meeting schedule and agenda, but shall meet at least quarterly. G. The task force may form and appoint ad hoc committees to work on specific issues, so long as at least two committee members are also members of each ad hoc committee. 2.46.080 Staff and Funding Support. The Task Force will have full support from the Council, the County Executive's Office, Health Department staff, and locally delivered paid consultant assistance to conduct and complete its tasks in an efficient and effective manner. 2.46.090 Reporting. At least annually, no later than June 30 of each year, the Task Force will provide a report and recommendations to the County Council and Executive on outcomes of existing incarceration prevention and reduction programs throughout Whatcom County, new innovative programs being used in other communities, and recommendations for changes or additional programs.