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HomeMy WebLinkAboutord2019-047Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Master Report File Number: AB2019-308 File ID: AB2019-308 Version: 1 Status: Adopted File Created: 05/16/2019 Entered by: LGallery@comhatcomma.us Department: Prosecuting File Type: Ordinance Attorney's Office First Assigned to: Council Agenda Date: 06/18/2019 Next Mtg. Date: Hearing Date: Primary Contact Email: lgallery@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Ordinance suspending Whatcom County Code 1.28 to update the correctional facilities operational standards SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Whatcom County Code Chapter 1.28 is temporarily suspended for up to twelve (12) months. The Whatcom County Sheriff's Office Correctional Facility Operational Standards, as described in Ordinance No. 2019-047, are temporarily adopted in its place. HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 06/04/2019 Council 06/18/2019 Council SUBSTITUTE INTRODUCED Council FOR PUBLIC HEARING ADOPTED Attachments: Ordinance, Notice of Hearing 6.18.19, Adopted Ordinance 2019-047 Final Action: 06/18/2019 Enactment Date: 06/18/2019 Enactment #: ORD 2019-047 Whatcom County Page 1 Printed on 612012019 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 PROPOSED BY: SHERIFF'S OFFICE INTRODUCTION DATE: JUNE 4, 2019 ORDINANCE NO. 2019-047 SUSPENDING WHATCOM COUNTY CODE 1.28 TO UPDATE THE CORRECTIONAL FACILITIES OPERATIONAL STANDARDS WHEREAS, in 1977, chapter 70.48 RCW, the City and County Jails Act, was initially adopted; and WHEREAS, in 1979, the Washington State Correctional Facilities Standards were developed by the Corrections Standards Board and codified in Title 289 of the Washington Administrative Code (WAC) as a guide to counties and cities to satisfy the mandates under the Act; and WHEREAS, in 1987, a new section, RCW 70.48.071, was added to chapter 70.48 RCW that specifically mandated that "units of local government that own or operate adult correctional facilities shall, individually or collectively, adopt standards for the operation of those facilities no later than January 1, 1988..."; and WHEREAS, to comply with RCW 70.48.071, the Whatcom County Council adopted the standards in Title 289 WAC by enacting Ordinance No. 87-85 in December 1987, later codified as Whatcom County Code (WCC) 1.28 - Standards for Correctional Facilities; and WHEREAS, in 2006, Title 289 WAC was decodified without replacement as it was obsolete and the Corrections Standards Board ceased to exist; and WHEREAS, the identical standards in Whatcom County Code (WCC) 1.28 are likewise obsolete; and WHEREAS, RCW 70.48.071 authorizes the County to establish operational standards for its own correctional facilities in either its code, through the correctional facilities department policies and standards, or a combination thereof; and WHEREAS, the Whatcom County Sheriff's Office correctional facility operational standards are collectively established through various documents, including, but not limited to, written general policies, corrections bureau operational policies and procedures, medical policies and procedures, the Sheriff's Office Rules and Regulations Manual, and the Uniform Building Code; and WHEREAS, the Whatcom County Council deems it necessary to suspend WCC 1.28 for up to twelve (12) months to provide adequate time for the Law and Justice Committee and the County Council to review the correctional facilities operational standards and proposals. Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that WCC 1.28 is hereby suspended in its entirety for up to twelve (12) months, and that the Whatcom County Sheriff's Office correctional facility operational standards, as described above, are hereby temporarily adopted in place of WCC 1.28. BE IT FINALLY ORDAINED that the following notation shall be included in the County Code in place of WCC 1.28: Whatcom County Code Chapter 1.28 is temporarily suspended for up to twelve (12) months, beginning July 8, 2019, The Whatcom County Sheriff's Office correctional facility operation standards, as collectively established through various documents, including, but not limited to, written general policies, corrections bureau operational policies and procedures, medical policies and procedures, the Sheriff's Office Rules and Regulations Manual, and the gnjifarrn,quilding Code, are temporarily adopted in its place. ti ��i�, June ADO'i0,TtD"fh,is X84 A � Y of , 2019. C .n� r ` < C���`� �:F< WHATC M �UNCIL ATT.ET . ��w U WHAT O C N INGTON _ a fx 1 Dana Brown -Davos, C fd,z of he,;CounciI Rud 13owne, Council Chair APPROVED AS TO FORM: WHAT C OUN WASHINGTON Civil Deputy Prosecutor Page 2 4�� / / (--1 Jack Lou s, Coun xecutive pproved ( ) Denied Date Signed: �� l