HomeMy WebLinkAboutord2019-039Whatcom County
Agenda Bill Master Report
File Number: AB2019-248
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
File ID:
AB2019-248
Version:
1 Status: Adopted
File Created:
04/17/2019
Entered by:
DBrown@co.whatcom.wa.us
Department:
Council Office
File Type:
Ordinance
First Assigned to: Council
Agenda Date: 05/07/2019 Next Mtg. Date:
Primary Contact Email: RBrowne@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Hearing Date: 05/07/2019
Ordinance amending the Whatcom County Unified Fee Schedule to include language regarding
reducing recidivism, job loss, and education disruption caused by low income County residents serving
jail time in other jurisdictions by allowing them to continue to attend school or work if the offense allows
for day release in Whatcom County
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Ordinance amending the Whatcom County Unified Fee Schedule to include language regarding
reducing recidivism, job loss, and education disruption caused by low income County residents serving
jail time in other jurisdictions by allowing them to continue to attend school or work if the offense allows
for day release in Whatcom County
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
04/23/2019 Council INTRODUCED FOR PUBLIC Council
HEARING
05/07/2019 Council ADOPTED
Attachments: Ordinance, Notice of Hearings 5.7.19
Whatcom County Page 1 Printed on 51812019
Agenda Bill Master Report Continued (AB2019-248)
Final Action:
05/07/2019
Enactment Date:
05/07/2019
Enactment M
ORD 2019-039
Whatcom County Page 2 Printed on 5/8/2019
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PROPOSED BY: BROWNE BUCHANAN DONOVAN
INTRODUCTION DATE: APRIL 23, 2019
ORDINANCE NO. 2019-039
AMENDING THE WHATCOM COUNTY UNIFIED FEE SCHEDULE TO INCLUDE
LANGUAGE REGARDING REDUCING RECIDIVISM, JOB LOSS, AND EDUCATION
DISRUPTION CAUSED BY LOW INCOME COUNTY RESIDENTS SERVING JAIL TIME
IN OTHER JURISDICTIONS BY ALLOWING THEM TO CONTINUE TO ATTEND
SCHOOL OR WORK IF THE OFFENSE ALLOWS FOR DAY RELEASE IN WHATCOM
COUNTY
WHEREAS, each year some County residents commit offenses which are moderate
enough that they qualify for either school release, work release, or electronic home
monitoring while serving their sentence; and
WHEREAS, each year several County residents who qualify for school release, work
release, or electronic home monitoring take advantage of these options to ensure they can
continue their jobs and/or education after their sentence is complete, or to look after others
they provide care for; and
WHEREAS, each year a percentage of County residents commit offenses in other
jurisdictions and are convicted and sentenced to be jailed in those other jurisdictions but
wish to serve their sentence in Whatcom County in order to preserve the jobs or educational
opportunities they have in Whatcom County; and
WHEREAS, the County currently allows County residents who have committed
offenses in other jurisdictions who qualify for transfer from the jurisdiction of their
conviction to serve their sentences in Whatcom County, provided they pay a "non-resident"
inmate fee of $108 per day for school release or work release, or $73 per day for electronic
home monitoring; and
WHEREAS, while non-resident inmates who can afford to pay the fees and transfer
to Whatcom County are often able to retain their jobs, housing, and continue their
education without interruption, those who are too poor to do so cannot, thus promoting a
two-tier system of consequences based on the individuals economic circumstances; and
WHEREAS, a recent ALICE (Asset Limited, Income Constrained, Employed) study
estimated the minimum annual income necessary to cover household essentials, such as
housing, child care, food, transportation, technology, health care, taxes, and other
contingencies in Whatcom County for a single adult in 2016 was $1,753 per month or
$21,036 per year, while a family of two adults, one infant, and one preschooler required
$5,540 per month or $66,480 per year to reach the bare -minimum "survival" level; and
WHEREAS, inmates living below the ALICE thresholds are typically unable to pay the
non-resident fees to participate in school release, work release, or electronic home
monitoring and are thus unable to preserve their jobs or educational opportunities, or
continue to provide care and support to others; and
WHEREAS, inmates who lose their jobs as a result of incarceration often also lose
their housing and/or have their education disrupted; and
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WHEREAS, such inmates are more likely to struggle, make further poor choices,
self -medicate, reoffend, and/or become homeless than those that have been able to retain
their jobs or continue their education while incarcerated; and
WHEREAS, it is in the community's best interest to have all people who are
expected to be County residents after their release from jail who qualify for school release,
work release, or electronic home monitoring to be able to retain their employment and/or
participation in an educational program, or continue to provide care and support to others,
as they are less likely to reoffend, require homeless housing and/or other social assistance
in the future, and are more likely to successfully reintegrate into our local community.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the
County's 2019 Unified Fee Schedule be modified to include the language provided in Exhibit
A to this ordinic1p(;pf,,®
P'D 7t%® day of May , 2019.
0
A�2,w
Dana BroWp4,10 avips�q�yG erk o ounciI
ee � t�7 l! , v s•
ARPRC�VED AS TO• FO
Civil Deputy Prosecutor
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WHATCON CQ� C/JNCIL
WHATCO C SH-VGTON
Rud Bro4ne, Council Chair
WHATCOM CO NTY ECUTIVE
WHATCO NTY ASHINGTON
Jack Louws/Coup utive
( Approved ( ) Denied
Date Signed: f
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EXHIBIT A
Changes to be incorporated into the Whatcom County Unified Fee Schedule
Offenders incarcerated in other city or county jails for offenses committed in other
jurisdictions who wish to transfer to the Whatcom County Jail to participate in school
release, work release, or electronic home monitoring may do so without paying the
applicable non-resident rate if they meet all of the following criteria:
1. The conviction is for an offense that the Whatcom County Courts routinely allow
inmates the option to participate in the school release, work release, or electronic
home monitoring programs had they been convicted in Whatcom County, and
2. At the time of their arrest they were either: (a) student at an educational institution
in Whatcom County, or (b) employed or housed in Whatcom County, and
3. The transfer would enable them to continue their education or employment, or serve
as a caregiver for others (as applicable) if they relocated to the Whatcom County
Jail, and
4. Their income for the preceding calendar year is less than the most recently published
applicable ALICE levels as of the date of their conviction
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