HomeMy WebLinkAboutSpecial Committee of the Whole May 26 20151
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WHATCOM COUNTY COUNCIL
Special Committee of the Whole
May 26, 2015
CALL TO ORDER
Council Chair Carl Weimer called the meeting to order at 3:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Rud Browne,
Pete Kremen, and Barry Buchanan.
Absent: None.
COMMITTEE DISCUSSION
1. DISCUSSION OF A PROPOSED ORDINANCE ESTABLISHING WHATCOM
COUNTY CODE 2.46, CREATING 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 ]AIL UTILIZATION BY
PRETRIAL DEFENDANTS WHO CAN SAFELY BE RELEASED (AB2015 -047K)
Weimer described the work that's been done on this item up to this point.
Browne stated he proposed additional language, including the first Whereas
statement at the top of Council packet page 171.
Brenner asked if the substantial savings mentioned in that Whereas statement is a
savings to the County generally speaking, or in criminal justice costs.
Browne stated that if they can divert someone to an appropriate mental health
intervention program and away from incarceration, money is saved. The diversion will also
hopefully improve the person's ability to be a contributing member of society in the long
term and become a taxpayer.
Brenner stated she can support language that says there will be substantial long-
term savings in the criminal justice system. She doesn't necessarily believe there will be
substantial long -term savings. There will be costs in other areas, especially with mental
illness. People aren't being cured of mental illness. They are being maintained and are
taking better care of themselves. That is not necessarily substantially less expensive. She
is bipolar and knows that mental health maintenance is not less expensive. A working,
productive program will provide adequate care, which is more involved than just giving
people pills.
Special Committee of the Whole, 5/26/2015, Page 1
1 Kremen stated there won't be substantial savings. Individuals should be diverted
2 when they can. It's a waste of time and money to have these people in the jail system.
3 However, the beds freed up will be taken up by criminals who need to be in jail. They won't
4 necessarily reduce the jail population. Don't move forward thinking they will save money.
5 They are going to treat people appropriately and save a lot of anguish and turmoil.
6 However, they aren't going to save money. That Whereas statement is overly- optimistic.
7
8 Mann stated the Whereas statement is a great addition to the ordinance, and they
9 will save money. If they are going to treat mental illness and chemical dependency outside
10 the criminal justice system, it will be a lot cheaper. People will stop cycling through the
11 system. They will also get federal and State dollars to help pay for their treatment. His
12 mission for these improvements and changes is because it will save the County money. He
13 wants that Whereas statement included explicitly in the ordinance.
14
15 Browne stated there are three tangible examples of how they would save money.
16 First, someone diverted from incarceration into a mental health treatment facility can be
17 housed cheaper. They aren't dealing with the same security issues. Second, while in a
18 mental health facility, they are still eligible for federally- funded health benefits. They would
19 lose that eligibility if they go to jail. Third, a criminal conviction impacts long -term earning
20 capacity and the ability to find housing and get care. They are diverted from having a
21 criminal record and can therefore find employment on an equal basis with everyone else.
22
23 Brenner stated she does not agree. People who have mental illness and who do not
24 have family and support can end up with more costs. They need that kind of assistance.
25 It's not cheap. It's not an overall cost savings. It does save costs to the criminal justice
26 system. Federal dollars are still tax dollars. She's not comfortable making it sound like
27 there is an overall savings. Do this because it's the right way to treat people. It's about
28 being humane and giving people what they need to be more productive.
29
30 Weimer stated he has no problem with the additional Whereas statement. They've
31 heard from the Health Department that they save $3 for every $1 invested. On the other
32 hand, he's not tied to any of the Whereas statements, which are just language to set up the
33 committee.
34
35 Kremen moved to remove the Whereas statement at the top of Council packet page
36 171, „Wfr — as-, the— C- -oufi-iy's west- feF CUF_^nt rm
37 ." It is misleading and unrealistic. For every bed that will be vacated, there
38 will be a criminal to occupy that bed. They have to be realistic. This will cost the County
39 more money. He's not saying they shouldn't spend the money, but go into this realistically.
40
41 Mann stated he's hearing that every time they put someone into treatment, the bed
42 will be filled by another criminal who deserves to be in jail. He doesn't know of any
43 criminals who are roaming the streets right now who aren't in jail because the beds are
44 filled. He's not heard of any booking restrictions. He's not heard they are prioritizing the
45 mentally ill over actual criminals.
46
47 Browne stated one of the top priorities at the National Association of Counties
48 (NACO) has to do with criminal justice system issues, particularly diversion. The cost to the
49 counties is crippling. NACO is a national body that represents 3,000 counties. It recognizes
50 that programs that divert people out of the criminal justice system are economically good
51 policies to enact because they save money.
52
Special Committee of the Whole, 5/26/2015, Page 2
1 Brenner stated they save criminal justice money. There are other costs outside
2 criminal justice. She's never seen evidence that they will save $3 for every $1 spent. She
3 supports the ordinance. They must let people know there are important, necessary costs to
4 this. It's misleading to promote a general cost savings.
5
6 Sidhu suggested a friendly amendment to keep the Whereas statement, and
7 change language, "Whereas, the County's costs for current criminal justice ... in substantial
8 long term savings to the criminal justice system; and." Recognize there are cost savings to
9 the criminal justice and incarceration program.
10
11 Kremen accepted the friendly amendment.
12
13 The motion carried by the following vote:
14 Ayes: Brenner, Sidhu, Buchanan and Kremen (4)
15 Nays: Browne, Mann, and Weimer (3)
16
17 Buchanan stated the dates shown in phase I, II, and II on Council packet page 171
18 should be extended.
19
20 Tyler Schroeder, Executive's Office, stated those dates are significant. They were
21 recently created as deadlines for Task Force action.
22
23 Browne stated the first deadline of October 10, 2015 will be difficult. They have to
24 take applications and appoint the committee.
25
26 Weimer stated the October date may have been to get action from the Task Force
27 before the November election on the jail sales and use tax.
28
29 Schroeder stated they will also have to go through a process to hire a facilitator for
30 the Task Force. Consider setting a deadline at the first of the year for feedback from the
31 Task Force.
32
33 Kremen asked if they are sure they want to hire a full -time position, as is specified in
34 the last bullet point of the ordinance on Council packet page 172. He will support this if the
35 words "full time" are deleted. Make a decision based on actual needs. It's a significant
36 expenditure for a narrowly focused position.
37
38 Browne stated he's not sure what they're going to get for $75,000 in terms of the
39 quality and caliber of individual necessary to make a difference.
40
41 Weimer stated it is two different things. The $75,000 is for a consultant to get the
42 Task Force going. This ordinances requires a separate position with no attached dollar
43 amount.
44
45 Brenner stated don't get locked into anything at this point. If they end up with a
46 robust Task Force, they may not need a full -time position.
47
48 Jack Louws, County Executive, stated he suggests that bullet point just indicate that
49 money will be provided for staff support for the Task Force. If they can work out a deal with
50 the Whatcom Alliance for Health Advancement (WAHA) for this year, and they do an
51 exceptional job, it may be appropriate to continue that in 2016 -2017. If it doesn't work out,
52 they could provide staff internally or hire another consultant to make sure the Task Force
53 stays on task and is provided information it needs.
Special Committee of the Whole, 5/26/2015, Page 3
1
2 Anne Deacon, Health Department, stated the Health Department currently has five
3 staff who are dedicated to behavioral health criminal justice system diversion activities.
4 Those staff are well- versed in the national models. They have read all the leading materials
5 and experts. Current programs are designed along those models of care. They have the
6 expertise to do that piece of the work. For every dollar they spend on staff, it is a dollar not
7 spent on programs. They're very careful about that balance. They began to talk a year ago
8 about developing a supervisor position within the Human Services Division to oversee
9 behavioral health services. She does those tasks right now. They could restructure to
10 provide more emphasis in this area. The Health Department doesn't have a specialist or
11 expert who works with some of the other issues regarding incarceration prevention and
12 reduction, such as bail changes or legal issues. That would not be appropriate for the
13 Health Department.
14
15 Browne moved to amend the last bullet point in the Be It Further Ordained
16 statement on Council packet page 172, "Include as part of the 2016 -2017 budget, ereatien
17 of a full time staff peso funds to focus on incarceration...."
18
19 The motion carried by the following vote:
20 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Kremen, and Weimer (7)
21 Nays: None (0)
22
23 Sidhu moved to add 90 days to each of the phases in the ordinance: Phase I is due
24 January 10, 2016; Phase II is due November 1, 2016, and; Phase III is due March 2017.
25
26 Browne stated that for phase III, they discussed that the project plan would coincide
27 with the plans to construct the new jail. The idea is they would present both plans
28 simultaneously.
29
30 Weimer stated the next -to -last bullet point on Council packet page 172 indicates the
31 new crisis triage center will open no later than the new jail.
32
33 The motion carried by the following vote:
34 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Kremen, and Weimer (7)
35 Nays: None (0)
36
37 Weimer stated there is a scrivener's error on page 174, section 2.46.050(E),
38 "Representatives from a community action agency, a mental health provider, or substance
39 abuse treatment provider (3)."
40
41 Weimer stated he has no idea whether one person from each of those categories
42 would apply. This way, they can choose three, even if they get two applicants from one
43 category.
44
45 Deacon stated there is a scrivener's error in section 2.46.050(A), "Whatcom Alliance
46 for Health GaFe Advancement (WAHA)...."
47
48 Sidhu stated also change the deadline in the third bullet point of the ordinance, to
49 March 2017.
50
51 The Committee concurred.
52
Special Committee of the Whole, 5/26/2015, Page 4
1 Deacon stated the Whatcom County Health Department currently has two advisory
2 boards that oversee many criminal justice diversion activities. They are the Behavioral
3 Health Advisory Board, which mostly includes community citizens who oversee a lot of the
4 policy. They have looked at best practices and provided guidance on where the County
5 should focus its energy. The Behavioral Health Revenue Advisory Committee includes
6 County officials and citizens, and it only focuses on the sales tax revenue of $3.7 million per
7 year. They take guidance from the Behavioral Health Advisory Board to make sure the
8 funds are allocated as guided and according to best practices. The staff would want to know
9 how this Task Force fits into the structure. They are already spending all the sales tax
10 dollars every year. If the Task Force decides to recommend a brand new program, she
11 would like to know who decides on the programs. Staff needs guidance once the Task Force
12 is established. Be aware of all the competing and moving parts of the process.
13
14 Weimer stated the functions listed in section 2.46.020(B) are almost exactly the
15 same as the Behavioral Health Advisory Committee. Unlike the Behavioral Health Advisory
16 Committee, this Task Force is exclusively focused on incarceration and criminal justice
17 issues.
18
19 Browne stated they may need to review the overall committees that the County
20 has. It could be a task of the new Council legislative analyst. Someone who does that can
21 create a matrix of overlapping responsibilities among the committees. Make sure there is
22 no unnecessary overlap. He moved to amend section 2.46.090, "...no later than AugLls-t 1
23 June 30th of each year...." He would like to have the annual report sooner than right before
24 the last meeting before the summer break. There will be more opportunity to incorporate
25 discussion about the budget.
26
27 Brenner stated just say that a report needs to be submitted annually, without a
28 specific date. Provide the Task Force some flexibility. She suggested a friendly
29 amendment, "...,ne4a-ter than August 1 of eaeh-fea-F at least annually, provide a report...."
30
31 Browne did not accept the friendly amendment. He would like the information
32 before the budget cycle.
33
34 The motion carried by the following vote:
35 Ayes: Mann, Sidhu, Browne, Buchanan, Kremen, and Weimer (6)
36 Nays: Brenner (1)
37
38 Brenner stated she will support the ordinance for now, but keep an open mind about
39 how many members they end up having. There could be overlap with other committees.
40 The bigger a committee gets, the more unwieldy it gets. She understands there are many
41 interests.
42
43 Weimer stated he paid attention to comments from Prosecutor McEachran. It's clear
44 they aren't trying to set sentencing guidelines or tell the judges how to set bail. They're
45 just trying to provide resources to help everyone out.
46
47 Everett Barton stated approve the Task Force soon so they can present it to the
48 public before the election. Remind the public they intend to divert mental health away from
49 the jail to get more public approval for the vote in November.
50
51 Joy Gilfilan, Restorative Community Coalition President, stated she applauds the
52 Council and administration for bringing forward the Task Force ordinance. To create change
53 that is different from the law and justice system, the membership proportion should include
Special Committee of the Whole, 5/26/2015, Page 5
1 30 percent who are people or family members of people who have incarceration, mental
2 health, and substance abuse issues. Another 30 percent of the membership should be from
3 the new sciences and technologies that can be used for incarceration. Many people are not
4 represented on the Task Force, which looks like the same as what they've always -,done in
5 the past. Really invite new ideas to the table.
6
7 Browne moved to recommend Introduction as amended.
8
9 The motion carried by the following vote:
10 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Kremen, and Weimer (7)
11 Nays: None (0)
12
13
14 OTHER BUSINESS
15
16 Deacon stated the National Association of Counties (NACO) Stepping Up Initiative is
17 asking counties to pass a resolution by July 31, 2015 to be recognized at their national
18 conference.
19
20 Louws stated it's good for Whatcom County to be on record supporting the NACO
21 initiative. A resolution will come forward to the Council on June 9.
22
23 Kremen stated they ought to do both, the resolution and the ordinance.
24
25
26 ADJOURN
27
28 The meeting adjourned at 3:54 p.m.
29
30 The COuncih gproved these minutes on October 13, 2015.
31
32 ATTEST., . • «... /�,f "'f WHATCOM COUNTY COUNCIL
33 j .".'tiIATC ``. WHATCOM COUNTY, WASHINGTON
34 35 - « C.OFINTY f
38 Darr Bro�i ;� LCypr cil erk Carl Weimer, Council Chair
40
41�Y��i�� e n 11r`rrrr.
42
43 Jill Nixon, Minutes Transcription
44
45
Special Committee of the Whole, 5/26/2015, Page 6