HomeMy WebLinkAboutord2017-0332017 -181
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CLEARANCES
Initial
Date
Date Received in Council O ice
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Originator:
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05/09/17
May 30, 2017
Introduction
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MAY 2 3 2017
WHATCOM COUNTY
COUNCIL
Finance /Council
Division Head:
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6/13/17
Dept. Head:
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Prosecutor.
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Purchasing/Budget:
Executive:
TITLE OF DOC
ORDINANCE REPEALING AND REPLACING WHATCOM COUNTY CODE CHAPTER 1.18
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ATTACHMENTS:
Memo to Whatcom County Executive and Whatcom County Council
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARY STATEMENT 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.)
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Proposal to repeal and replace existing Whatcom County Code Chapter 1.18
COMMITTEE ACTION.
COUNCIL ACTION:
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5/30/2017: Introduced 7 -0
6/13/2017: Adopted 6 -0, Donovan Absent, Ord. 2017 -033
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Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Ord. 2017 -033
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.
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PROPOSED BY: WHATCOM COUNTY SHERIFF'S OFFICE
INTRODUCTION DATE: MAY 30, 2017
ORDINANCE NO. 2017 -033
REPEALING AND REPLACING WHATCOM COUNTY CODE CHAPTER 1.18
WHEREAS, Whatcom County Code Chapter 1.18 provides that defendants who are
incarcerated by District Court may perform labor as provided for in RCW 10.82.040 in lieu of
paying fines and /or costs; and
WHEREAS, this chapter of the Code was passed in 1991 when defendants were
incarcerated for failing to pay fines assessed by District Court; and
WHEREAS, since approximately 1992 the jail has not held defendants in custody who sole
offense was failure to pay District Court fines and costs; and
WHEREAS, the District Court has permitted defendants to work off their fines and /or
costs by participating in the Whatcom County Corrections Out of Custody Work Crew; and
WHEREAS, the working off of fines should also be extended to other local Courts of
Limited Jurisdiction; and
WHEREAS, Whatcom County Code Section 1.18.020 set the value of a day's labor at
$60.00 per day; and
WHEREAS, the value of a day's labor has increased significantly since 1991; and
WHEREAS, allowing defendants to work off their fines and /or costs for District Court at a
rate more representative of the current value of a day's labor will be a benefit to the community;
and
WHEREAS, these code sections are no longer representative of best practices within the
Criminal Justice System;
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the current
Whatcom County Codes Chapter 1.18 (Exhibit A) is hereby repealed and replaced as set forth in
Exhibit 8, a,toohed'Vxe�rkto.
�\B'' i wh' . clay of ,Tune 2017.
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l• WHATCOM COUNTY COUNCIL
ATTEST- O CaUNT (- TCOM C TY WA INGTON
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Dana;Browv� vis— -t, arry fnan,1dVuncf1 Chair
Clerk a the'Cgar�atAN .•,
WHATCO� TY E CU` IVE
APPROVED AS TO FORM: WHA=01M�UN , ASHINGTON
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Elizabeth Ga lery, Ci it eputy Prosecutor
Jack Louv+, County EAecutive
( Approved ( ) Denied
Date Signed:_ cr° =j"'
Exhibit "A"
Current County Code
Chapter 1.18
COURT FINES AND COSTS
Sections:
1.18.010 Imprisonment for nonpayment.
1.18.020 Reduction by serving time and/or performing labor.
1. 18.010 Imprisonment for nonpayment.
If any person ordered into custody, until the fine and costs adjudged against him by
district court are paid, does not, within five days, pay, or cause the payment of the same
to be made, the clerk of the court shall issue a warrant to the sheriff commanding him to
imprison such defendant in the county jail until the amount of such fine and costs owing
are paid. Execution may at any time issue against the property of the defendant for that
portion of such fine and costs not reduced by the application of this chapter. (Ord. 91-
088 (part)).
1.18.020 Reduction by serving time and /or performing labor.
The amount of such fine and costs owing to district court shall be the whole of such fine
and costs reduced by the amount of any portion thereof paid, and $60.00 for every day
the defendant performs labor as provided in RCW 10.82.040, and $40.00 for every day
the defendant does not perform such labor while imprisoned. This chapter shall not
apply to those fines and costs owed to superior court. (Ord. 91 -088 (part)).
Exhibit "B"
Chapter 1.18
COURT FINES AND COSTS
Sections:
1.18.010 Reduction of Fines and /or Costs
1.18.020 Determination of value of labor
1.18.030 Permission to utilize Ordinance for other Courts of Limited Jurisdiction
1.18.010 Reduction of Fines and /or Court Costs.
A District Court Judge or Commissioner may permit a defendant to reduce the amount of fines and
court costs by performing labor for the County as provided in RCW 10.82.040. This labor will be
performed under the supervision of the Whatcom County Sheriff in work programs that benefit the
greater community. Alternatively, execution may, at any time, issue against the property of the
defendant or sent to collections for that portion of such fine and costs not reduced or satisfied by the
application of this chapter. The defendant must meet the Jail work program eligibility criteria.
1.18.020 Determination of value of labor.
The amount of such fine and costs owing to district court shall be the whole of such fines and costs,
reduced by the amount of any portion thereof paid, and the value of every day's labor calculated at the
cost of an average of the following wage rates for the current year:
• Washington State Minimum Wage
• Washington State Prevailing wage for Landscape Construction Workers
• Whatcom County Parks Department wage for Temporary Groundskeepers
• Bureau of Labor Statistics median wage for landscaping and groundskeeping workers.
For the year 2017, that average is $12.70 per hour or $102.00 per day worked. This wage will be reset at
the beginning of each calendar year to reflect the current year's average.
1.18.030 Permission to utilize Ordinance for other Courts of Limited Jurisdiction.
Corrections Offender Work Programs utilized to satisfy court fines and /or costs will be extended to
other local Courts of Limited Jurisdiction at the request of those courts and with the permission of the
appropriate Judicial Officer. Standards and practices of the work crews and labor credit will be as
specified within this ordinance.