HomeMy WebLinkAboutord2019-009strikeWhatcom County COUNTY COURTHOUSE
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Agenda Bill Master Report
File Number: AB2019-041
File ID: AB2019-041 Version: 1 Status: Adopted as Amended
File Created: 01/07/2019 Entered by: DBrown@co whatcom.wa.us
Department: County Council Office File Type: Ordinance
First Assigned to: Council Criminal Justice and Public Safety Committee
Agenda Date: 01/15/2019 Next Mtg. Date: Hearing Date:
TITLE FOR AGENDA ITEM:
Ordinance amending Whatcom County Code 2.46, Incarceration Prevention and Reduction Task
Force, and repealing Whatcom County Code 2.19, Law and Justice Council
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Ordinance amending Whatcom County Code 2.46 to revise the Incarceration Prevention and
Reduction Task Force purpose, function, membership, and organization; to repeal Whatcom County
Code 2.19, Law and Justice Council; and to designate the Task Force to serve as the Law and Justice
Council.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
01/15/2019 Council Criminal Justice and Public
RECOMMENDED FOR
Safety Committee
ADOPTION
01/15/2019 Council
ADOPTED AS AMENDED
Attachments: Staff Memo, Proposed Ordinance for January 15, 2019, Current and Proposed Membership Details,
Related RCW Language
Final Action:
01/15/2019
Enactment Date:
01/15/2019
Enactment #:
ORD 2019-009
Whatcom County
Page 1
Printed on 111612019
SPONSORED BY: DONOVAN &BUCHANAN
PROPOSED BY: DONOVAN & BUCHANAN
INTRODUCTION DATE: December 4. 2018
ORDINANCE 2019-009
ORDINANCE AMENDING WHATCOM COUNTY CODE 2.46, TO AMEND THE
WHATCOM COUNTY INCARCERATION PREVENTION AND REDUCTION TASK
FORCE PURPOSE, FUNCTION, MEMBERSHIP, AND ORGANIZATION; TO REPEAL
WHATCOM COUNTY CODE 2.19, LAW AND JUSTICE COUNCIL; AND TO
DESIGNATE THE TASK FORCE TO SERVE AS THE LAW AND JUSTICE COUNCIL
WHEREAS, the Whatcom County Council created the Incarceration Prevention and
Reduction Task Force (IPRTF) in 2015 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 behavioral health
challenges (mental illness and chemical dependency), and minimizes jail use by pretrial defendants
who can safety be released; and
WHEREAS, the IPRTF completed its initial tasks and also provided to the County Council its
Phase I, Phase II, and Phase III Reports, as required by Ordinance 2015-037 to develop plans for a
new or expanded crisis triage center for individuals struggling with behavioral health challenges;
and
WHEREAS, the IPRTF continues to work with all stakeholders on creating new and
enhancing existing criminal justice and behavioral health programs and processes to reduce the
number of individuals with behavioral health challenges who use costly interventions like jail,
emergency rooms, and hospitals and to divert them from initial or further justice system
involvement; and
WHEREAS, Revised Code of Washington (RCW) 72.09.300 requires counties to have a Law
and Justice Council; and
WHEREAS, the existing Whatcom County Law and Justice Council has not met since 2008;
and
WHEREAS, the memberships of the IPRTF and Law and Justice Council are similar, and the
two advisory committees serve a related purpose.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that County Code
Chapter 2.46 is hereby amended as outlined in Exhibit A to this ordinance effective January 31,
2019.
BE IT FURTHER ORDAINED that the Task Force will continue to fulfill the following
expectations of Ordinance 2015-037:
• Review national best practices and establish benchmarking of the County's performance
against same.
• 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.
• Identify opportunities to acquire governmental and non -governmental funding to
support financing for the eenstFuetien and operation of the new crisis triage center.
• 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, using existing funds and potential new funds as
determined available by the County Council after passage of a sales tax ballot measure.
• Recommend interlocal agreements to provide services to the cities consistent with this
ordinance if necessary.
BE IT FURTHER ORDAINED that the current appointees to the following positions will
transition to the Health and Social Services positions for the remainder of their terms.
• Whatcom Alliance for Health Advancement (WAHA) (1 position)
• Representatives from a Community Action Agency, a Mental Health Provider,
Substance Abuse Treatment Provider (3 positions)
BE IT FURTHER ORDAINED that Whatcom County Code 2.19, Law and Justice Council, is
repealed in its entirety as shown in Exhibit B to this ordinance.
BE IT FINALLY ORDAINED that the Incarceration Prevention and Reduction Task Force
will serve as and meet the requirements of the Law and Justice Council as required by RCW
72.09.300.
APPROVED this i�� day of
�,■r.��°� Sri
ATTEST;_ ,
_ r_
Dana BrowrL ;a.yi'k"of the Council
APPROVED AS, T¢' FORM:
ivil Deputy Prosecutor
January
2019
�r
WHATCO CfUNTY COUNCIL
WHATC❑ U, WASHINGTON
7
Rud Browne , Council Chair
WHATCOM COUNTY EXECUTIVE
WHATCOM COUNTY, WASHINGTON
Jack Louws Cou t E cutive
() Approved ( ) Denied
Date Signed: ����- q
SPONSORED BY: DONOVAN & BUCHANAN
PROPOSED BY: DONOVAN & BUCHANAN
INTRODUCTION DATE: December 4, 2018
ORDINANCE 2018-
ORDINANCE AMENDING WHATCOM COUNTY CODE 2.46, TO AMEND THE
WHATCOM COUNTY INCARCERATION PREVENTION AND REDUCTION TASK
FORCE PURPOSE, FUNCTION, MEMBERSHIP, AND ORGANIZATION; TO REPEAL
WHATCOM COUNTY CODE 2.19, LAW AND JUSTICE COUNCIL; AND TO
DESIGNATE THE TASK FORCE TO SERVE AS THE LAW AND JUSTICE COUNCIL
WHEREAS, the Whatcom County Council created the Incarceration Prevention and
Reduction Task Force (IPRTF) in 2015 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 behavioral health
challenges (mental illness and chemical dependency), and minimizes jail use by pretrial defendants
who can safety be released; and
WHEREAS, the IPRTF completed its initial tasks and also provided to the County Council its
Phase I, Phase II, and Phase III Reports, as required by Ordinance 2015-037 to develop plans for a
new or expanded crisis triage center for individuals struggling with behavioral health challenges;
and
WHEREAS, the IPRTF continues to work with all stakeholders on creating new and
enhancing existing criminal justice and behavioral health programs and processes to reduce the
number of individuals with behavioral health challenges who use costly interventions like jail,
emergency rooms, and hospitals and to divert them from initial or further justice system
involvement; and
WHEREAS, Revised Code of Washington (RCW) 72.09.300 requires counties to have a Law
and Justice Council; and
WHEREAS, the existing Whatcom County Law and Justice Council has not met since 2008;
and
WHEREAS, the memberships of the IPRTF and Law and Justice Council are similar, and the
two advisory committees serve a related purpose.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that County Code
Chapter 2.46 is hereby amended as outlined in Exhibit A to this ordinance effective January 31,
2019.
BE IT FURTHER ORDAINED that the Task Force will continue to fulfill the following
expectations of Ordinance 2015-037:
• Review national best practices and establish benchmarking of the County's performance
against same.
• 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.
• Identify opportunities to acquire governmental and non -governmental funding to
support financing for the ^,..,,.....ucti n and operation of the new crisis triage center.
• 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, using existing funds and potential new funds as
determined available by the County Council after passage of a sales tax ballot measure.
• Recommend interlocal agreements to provide services to the cities consistent with this
ordinance if necessary.
BE IT FURTHER ORDAINED that the current appointees to the following positions will
transition to the Health and Social Services positions for the remainder of their terms.
• Whatcom Alliance for Health Advancement (WAHA) (1 position)
■ Representatives from a Community Action Agency, a Mental Health Provider,
Substance Abuse Treatment Provider (3 positions)
BE IT FURTHER ORDAINED that Whatcom County Code 2.19, Law and Justice Council, is
repealed in its entirety as shown in Exhibit B to this ordinance.
BE IT FINALLY ORDAINED that the Incarceration Prevention and Reduction Task Force
will serve as and meet the requirements of the Law and Justice Council as required by RCW
72.09.300.
APPROVED this
ATTEST:
day of
Dana Brown -Davis, Clerk of the Council
APPROVED AS TO FORM:
Civil Deputy Prosecutor
, 2018.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Rud Browne , Council Chair
WHATCOM COUNTY EXECUTIVE
WHATCOM COUNTY, WASHINGTON
Jack Louws, County Executive
( ) Approved ( ) Denied
Date Signed:
EXHIBIT A
Chapter 2.46
INCARCERATION PREVENTION AND REDUCTION TASK FORCE
LAW AND JUSTICE COUNCIL
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.
The purpose of the Incarceration Prevention and Reduction Task Force is also to function as the
Whatcom County Law and Justice Council as required by RCW 72.09.300 and to carry out the
function described in in RCW 72.09.300(d).
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.
The Task Force, as the Law and Justice Council, will meet the requirements of RCW 72.09.300.
2.46.040 Permanent Members.
The Incarceration Prevention and Reduction Task Force shall include the following -1-3 designated
officials or their representative:
A. One Member of the Whatcom County Council
B. Whatcom County Executive
C. Whatcom County Sheriff/Jail Administrator
D. Whatcom County Prosecuting Attorney
E. Whatcom County Public Defender Director
F. Juvenile Court Administrator/Superior Court Clerk
-FG. One Representative from the Whatcom County Superior Court er DistFiet GG. Gne Repr-esentative of the -�
�1 ����J��u
H. Gne
H. One Representative from the Whatcom County District Court
. v E4r4atf'n+"frang then9rarl-_.-,,-, ram -designated . by the Sn9al 1 C r ties caueus�,
KI. Gne tFibal Felpresentative Tribal representation from either the Lummi Nation and/or
the Nooksack Tribe
W. One representative from the Whatcom County Health Department Human Services
MK. Peutiye 94ec4ef Emergency Medical
Services (EMS) Representative
L. PeaceHealth St. Joseph's Medical Center
M. Secretary of the State Department of Corrections or his/her designee
One each of the following, or their designee, to represent municipal courts, prosecutors,
police, and legislative authorities:
N. Bellingham Mayor
O. Small City Mayor, designated by the Small City Partnership
P. Bellingham Council Member
Q. Small City Council Member, designated by the Small City Partnership
R. Bellingham Police Chief
S. Small City Police Chief, designated by the Small City Partnership
T. Bellingham Municipal Court Administrator
U. Small City Municipal Court, designated by the Small City Partnership
2.46.050 Additional Appointed Members.
In addition to the officials designated above, the Incarceration Prevention and Reduction Task
Force shall include the following 44 members appointed by the Whatcom County Council:
1A7hater.m All' th A.�..
A. +a-r�c ��•�-e�ep H74}�eryre5er��i�•e; Health and Social
Service Providers (4)
B.—Peaet—, 4eelt*rS• .)-&sep,h's Medical r-e n to . ^ fie;
G.
Agency, a Mental Health ,
Substance Abuse Treatment Provider t-2N
FB. Consumer of Services or Family Member of Consumer (2)
GC. 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 teffnEi of these first
appointed shall be aggeFedso that five wmil be appemnted feF two years, and smm will be appeinted
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 The Task Force shall keep 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-,-�se
lwa-,--at lea5t twe eaFF9ffimttee rnernbeFS aFe alse RqeffibeFs ef each ad hoc cemmiRee and
may designate non-members to participate as committee members.
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.
The Task Force will provide at least two updates per year to the County Council and Executive. A-t
least annuafl�-, One of the two reports will be an annual written report presented no later than June
30 of each year, the Task Fe"... and will provide a-FepeFt 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.
EXHIBIT B
(Repealed in its entirety)
2.19.020 Purpose
to eoo di aF. .,.! h Fn a air El 1Havem';i^cjtA sti,ce r'gen£tes, pFog Fa FnS a -Rd —Se i
2.19.030 Members
A. WhatF-eRg County 4f-f-;-
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