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WHATCOM COUNTY COUNCIL
Public Works, Health, and Safety Committee
May 12, 2015
CALL TO ORDER
Committee Chair Barbara Brenner called the meeting to order at 1:30 p.m. in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Ken Mann, and Pete Kremen
Absent: None
Also Present: Satpal Sidhu, Barry Buchanan, Carl Weimer, Rud Browne
COMMITTEE DISCUSSION
1. DISCUSSION OF A PROPOSED RESOLUTION ESTABLISHING A WHATCOM
COUNTY CRIMINAL JUSTICE DIVERSION TASK FORCE INTENDED TO
PROVIDE RECOMMENDATIONS, OVERSIGHT, AND SPECIFIC TIMEFRAMES
ON THE CONSTRUCTION AND OPERATION OF A NEW OR EXPANDED MULTI-
PURPOSE CRISIS TRIAGE FACILITY TO ASSIST WITH JAIL AND HOSPITAL
DIVERSION, AND NEW DEVELOPMENT OR ENHANCEMENT OF PROGRAMS
DESIGNED ALONG A CONTINUUM THAT EFFECTIVELY REDUCE CRIMINAL
JUSTICE INVOLVEMENT FOR INDIVIDUALS STRUGGLING WITH MENTAL
ILLNESS AND CHEMICAL DEPENDENCY (AB2015 -047I)
Deborah Hawley submitted a handout (on file) and described her background and
experiences creating a system to address intervention and co- occurring behavioral health
issues.
Darren Cooper described his experiences in jail and prison institutions and his
successful experience with the Phoenix program at the Monroe prison.
Brenner stated she wanted to start the discussion about specific programs that work.
It sounds like a wonderful program.
Dave McEachran, Prosecuting Attorney, referenced a letter he sent to the Council
detailing everything they've done in the last 30 years regarding criminal justice (on file).
There have been many changes during these years, including changes in State sentencing
requirements. Close supervision was sacrificed with the Sentencing Reform Act of 1981.
His goal in his job is to protect people in the community. He constantly looks at how best to
do that with jail resources and diversion programs. The Statute legislature funds all the
state facilities. The State needs a new prison, but doesn't want to spend the money on it.
Instead, the State changed its jail requirements so more inmates spend time in county jails.
The Whatcom County jail is an asset and scarce commodity. They've needed a new
jail for 20 years. Putting money into a jail, as opposed to a community center or library, is
unattractive to decision - makers. However, jails are critical. In the past 15 years, they've
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reduced the number of people in prison. The State has a smaller prison population than
many other states, including states with lower populations. The average state incarceration
rate is 478 offenders per 100,000. Whatcom County's rate is 256 offenders per 100,000.
In 2002, they realized there were too many drug offenders locally and across the
country. They decided to reduce the State jail requirements again, and the State promised
to put the money saved into an account for drug courts. Twenty -five percent of those
savings were reinvested into the Department of Corrections drug treatment for people who
reentered the community. The percentage of drug offenders in the prisons went down from
25 percent to 7.9 percent. They have a long history of trying to deal with these problems,
including forming the Law and Justice Council, and making the system as efficient as
possible.
The current jail was constructed in 1983. They knew it was too small, but they only
received a small amount from the State for a new jail. In 1996, the jail was 24 percent
over capacity. They have struggled ever since. They administer programs out of the jail,
but the facility isn't sufficient to do that. This aging jail is failing.
He submitted and read from a presentation (on file) describing diversion programs
that include the FasTrack program, drug court, and juvenile court diversion.
Brenner asked for statistics on the number of cases that are dismissed. McEachran
stated he will provide that information.
Sidhu asked the cost difference of disposing of cases in 20 days versus 250 days.
McEachran stated it is the cost of the time that the person would be held in jail pre - trail.
Many opt to do this FasTrack system. They are all guilty pleas, so the cost savings are
huge.
Brenner asked if there is a program that allows the felony or misdemeanor to be
erased from the participant's record. McEachran stated there is an ability to restore civil
rights, depending on the felony class, and to expunge the records. That doesn't really mean
the record is gone from the databases. It's expunged in the court system.
Brenner stated she would like Judge Snyder to give his presentation on drug court.
The recidivism rate for the drug court program is very low. McEachran stated drug
addiction is difficult, and people stumble in the program, but they do everything they can to
help them stay in the program. It's an extremely good program.
Mann asked about the trend for decreasing eligibility and referrals. McEachran
stated their total number of felonies is going down. FasTrack is taking away some of these
people from the drug court program. They would rather do FasTrack diversion than drug
court, which is harder. They're given the option of both. Drug court is arduous, but a
better solution. The total number of felonies is down by 25 percent. There is less crime.
Mann asked why this community is attractive to homeless people. McEachran stated
many homeless are from out -of- state. They've heard Bellingham is a great place to be,
with its mission and churches that take care of people.
Mann asked if there is a correlation with the crime rate, and if the homeless are
committing a lot of crimes. McEachran stated the crime rate is going down, but some of
them do commit crimes. Also, people with criminal records can't get into Canada. If they
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come up Interstate 5 and can't get through the border, they land in Whatcom County. He's
had to deal with murders, rapes, robberies, and other serious crimes.
Brenner stated she would like to see a statistic about the number of homeless who
can't get across the border and subsequently land in Whatcom County. McEachran stated
it's difficult to get that information from that population. They aren't amenable to talking to
the authorities. They get their information anecdotally and from people who are
apprehended for crimes.
Brenner asked if juvenile diversion statistics include juveniles from the cities.
McEachran stated it does.
Brenner asked if there is a voluntary commitment process. McEachran stated people
can go in voluntarily, but the County would not be involved.
Buchanan asked the difference between the filing individuals and hearings.
McEachran stated the filings refer to the individuals. Those individuals may have multiple
hearings.
Bill Elfo, County Sheriff, answered questions about criminals who end up in Whatcom
County because they aren't allowed to enter Canada. In 2007, about 600 people per month
were returned from Canada due to criminal records, indigency, or exhibited signs of mental
illness.
Jack Louws, County Executive, referenced the substitute resolution distributed to the
Council on May 11 at 11:38 a.m. (on file).
Weimer stated they were initially focused on moving forward with a triage center for
mental health and chemical dependency. The proposed resolution doesn't include concerns
of others, including a review of the overall criminal just system. If the Council wishes to
address those types of things, additional language is necessary in the resolution to make
that clear. The designated $75,000 is meant to push forward the triage center, not to hire a
diversion planner to review the entire criminal justice system. The first discussion point is
whether or not the resolution needs to be broadened.
Brenner stated that if they end up with a robust, well- working diversion program,
they won't save money. It's important to do, but it won't save money. There is more to it
than giving someone a pill. A robust program will help people when they stumble. It won't
be cheap, but it's important they do it. Good programs won't necessarily save money.
They'll just be really good programs that ensure there are better solutions.
Weimer stated they need to decide whether the committee will be ongoing, whether
there will be term limits, and whether the committee must comply with the Open Public
Meetings Act.
Brenner stated some of the suggestions are too specific. Leave it up to the Task
Force to bring forward suggestions. The councilmembers aren't experts. It's up to the
community to help the Council resolve everything. She has some small suggestions. For
example, use the term "proposed" jail instead of "new" jail. Also, make sure family
members or stabilized consumers can serve on the Task Force.
Mann stated the Task Force should have a broader mission, beyond just the triage
center. It should be ongoing. It should be subject to the Open Public Meetings Act. It's
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important also to have it staffed. It should be funded from the two - tenths of one percent
sales tax that is going on the ballot. Someone who is a criminal justice or diversion planner
or a grant writer can find grants for criminal justice diversion. The resolution has to commit
to a full -time equivalent (FTE) with expertise in these issues to guide the Task Force and
work on these issues all the time. That will save the County money.
Brenner stated she agrees. Look at the entire County budget to make that work.
That's the reason some committees have survived, and others haven't.
Kremen stated the County also needs additional Sheriff deputies and code
enforcement staff. Full -time staff for a Task Force is ideal, but a limited amount of funding
is available. For now, stay focused on the important mission.
Mann stated spend a little money now to save money in future expenses. The job
will pay for itself, especially with the availability of grants. He agrees there isn't money for
every staffing need and wish, but this is the biggest County expenditure. It will save the
County money to hire someone to look at the system as a whole and determine how to save
the County money.
Sidhu stated they should be able to access a consultant to produce information they
need. The Task Force can decide whether or not they want a full -time staff person. Decide
on the Task Force and how it will function. They should have access to expertise if
necessary.
Weimer stated the proposed resolution includes $75,000 to complete the Task Force
work efficiently. They envisioned the $75,000 would pay for someone to plan the
implementation of the triage center, which is very different from someone who would work
with the committee on a broader basis.
Kremen stated the funding is only provided for 2015. The resources would come
from existing County resources. Provide funding to get the Task Force started and running
for one year. It would be nice to have a dedicated staff person in perpetuity, but don't
make that decision yet. He agrees with the initial objective to inject funding to provide
results.
Brenner stated make sure the resolution includes language that indicates the triage
center and other services are functional when the new jail opens. She likes the new
language in the resolution, but at this time they're not ready to say the additional funding
will be ongoing. The Task Force itself should be ongoing. The Task Force members should
figure out a lot of these questions about the triage center and programs. She likes the idea
of having a staff person for the Task Force at this point. It doesn't have to be a permanent
County position.
Weimer asked if the Task Force should focus on the triage center or look at the
entire criminal justice system, such as how to deal with people who fail to appear for
hearings. That's a different issue from mental health and chemical dependency.
Louws stated the County also has a Law and Justice Council. The Task Force needs
to work in concert with the Law and Justice Council. Keep a balance between the two. The
Task Force won't solve all the legal challenges they have statewide. However, it can be an
additional voice.
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Brenner stated the Task Force can work on the bail issue, telephone issue, and those
types of things. They are basically discriminating if they don't. People with little money
won't be able to make bail. People with money for the tax on the bail will be able to do it.
Everyone should have the same rights, whether or not they are in the jail, even if the
County must subsidize costs. The bail tax was an interesting subject. Keep people out of
jail by allowing them to use those systems, even if they don't have much money.
Weimer stated be clear that the Task Force's primary task is to get the triage center
going, so it can be online by the time the jail is built. If they get side - tracked by all those
other issues, it will be a problem. They may need to restart the Law and Justice Council to
start dealing with those issues.
Brenner stated the Task Force should have the same kind of authority as the Law
and Justice Council. She likes the Task Force the way it is initially, because it will make a
difference with success rates, which is what she's looking for.
Sidhu stated they are talking about two different organizations. Having too many
committees doesn't mean they are efficient or will make the right decisions. In the future,
it should be one committee. In the meantime, this Task Force can look at mental health
and chemical dependency. They can't have two efforts working in parallel.
Brenner stated the committee will work from the version of the resolution distributed
on May 11 at 11:38 a.m. from the Executive's Office.
Louws stated that at this time, there is not a role for the County Executive on the
committee.
Brenner stated there needs to be a representative of the Executive and the Council
on the committee. There are representatives from the City of Bellingham and the small
cities.
Weimer stated ordinances and resolutions normally list exactly who is going to be on
a committee instead of a paragraph with suggested members.
Sidhu referenced the 10th Whereas statement and stated the items in this paragraph
are the items the Task Force should work on, which are programs that result in successful
post -jail and triage center release. Those are useful services that, with a little attention,
can be more successful.
Mann stated amend the title, "... effectively reduce criminal justice costs and
incarceration rates involvement for indi.,:d.. st-r-ugg' -ng— wi- th— FRental- 4Hness and Ehernmeal
elependeac -."
Brenner stated they don't know if they will reduce costs. It's more important to
design and develop programs. They may reduce criminal justice costs, but there may be
more costs from the programs. She's not convinced they will reduce overall costs, but they
need ongoing programs and services. She doesn't know if diversion would be considered
part of the criminal justice cost. Make sure they have really successful programs,
regardless of whether or not they reduce costs. She suggested, "...effectively reduce
criminal justice involvement for individuals �u and ...4..efr 4
j gg- l� +�- -rcd -- vet +t�l�-- e�er��al-- i�l+�n�r n,�..
dependeney."
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Sidhu referenced the fifth Whereas statement and stated include a reference to
funding all potential operating costs as needed, in addition to the current $4.1 million.
Include language that the County would agree to providing additional resources to meet the
Task Force recommendation. If possible, include a line item in the law and justice budget
for these services.
Brenner asked if all of the money collected annually is used for behavioral health
programs.
Dewey Desler, Executive's Office stated the sales tax generates about $3.6 million
per year. The County now spends about $4.1 million per year on various programs.
Brenner stated the language should commit the County to adequate funding in the
future.
Weimer stated the Task Force must identify adequate permanent funding. At this
point, the Council doesn't know what that amount will be.
Brenner stated the language in the resolution should say the Task Force will figure
out what permanent funding is adequate.
Weimer stated use the standard language for committees to work into the resolution.
He will work with staff to include recommended changes from other councilmembers and
hold in committee to the next meeting.
Brenner stated this would be referred to Committee of the Whole.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 3:05 p.m.
Dpa Br °oyvr{pl o!un Clerk
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barbara Brenner, Committee Chair
Public Works, Health, and Safety Committee, 5/12/2015, Page 6