HomeMy WebLinkAboutord2020-034` Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Agenda Bill Master Report
File Number: AB2020-214
File ID: AB2020-214 Version: 1 Status: Adopted
File Created: 05/07/2020 Entered by: BWaldron@co.whatcom.wa.us
Department: Prosecuting File Type: Ordinance
Attorney's Office
Assigned to: Council Finance and Administrative Services Committee Final Action: 06/16/2020
Agenda Date: 06/16/2020 Enactment #: ORD 2020-034
Primary Contact Email: bwaldron@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 (WCC) section 1.28 creates the standards for Whatcom County Correctional
Facilities. These standards were suspended by the Council for 12 months effective July 8, 2019,
pursuant to Ordinance 2019-047. Due to the unforeseen circumstances surrounding COVID-19, the
Whatcom County Sheriff s Office has been unable to complete the update to the Correctional
Standards. Continued suspension of WCC section 1.28 would provide the Whatcom County Sheriffs
Office additional time to complete these standards.
Whatcom County Council will have a public hearing, consider adopting, and may amend the following
at its June 2, 2020 meeting, or at a later date: ORDINANCE SUSPENDING WHATCOM
COUNTY CODE 1.28 TO UPDATE THE CORRECTIONAL FACILITIES OPERATIONAL
STANDARDS (AB2020-214): This Ordinance temporarily suspends Whatcom County Code
(WCC) section 1.28 in its entirety for up to 12 months beginning July 8, 2020, and temporarily adopts
in its place the Whatcom County Sheriff's Office correctional facilities operational 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 Uniform Building Code.
Whatcom County Page 1 Printed on 611712020
Agenda Bill Master Report Continued (AB2020-214)
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
06/02/2020 Council INTRODUCED Council Finance and
Administrative Services
Committee
Aye: 7 Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner
Nay: 0
Absent: 0
06/16/2020 Council Finance and Administrative RECOMMENDED FOR
Services Committee ADOPTION
Aye: 3 Browne, Byrd, and Kershner
Nay: 0
Absent: 0
06/16/2020 Council ADOPTED
Aye: 7 Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner
Nay: 0
Absent: 0
Attachments: Staff Memo, Proposed Ordinance
Whatcom County Page 2 Printed on 6/1712020
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SPONSORED BY:
PROPOSED BY: Prosecutor's Office
INTRODUCTION DATE:
ORDINANCE NO. 2020-034
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 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 Sheriffs Office Rules and Regulations Manual, and the Uniform Building
Code; and
WHEREAS, the Whatcom County Council temporarily suspended WCC 1.28 for up to
twelve months on July 8, 2019; and
WHEREAS, the COVID-19 pandemic has resulted in drastic disruption of Whatcom
County Sheriff's Office operations; and
WHEREAS, an additional twelve month suspension of WCC 1.28 would allow the
Whatcom County Sheriffs Office to complete the review and revision creation process for
Corrections policies, and to coordinate with the Law and Justice Committee and Whatcom
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County Council to address and concerns, questions, or suggestions, and to provide Whatcom
County Information Technology appropriate time to publish the final standards on the Whatcom
County website; and
WHEREAS, the Whatcom County Council deems it necessary to extend the suspension
of WCC 1.28 for up to an additional 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.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that WCC
1.28 is hereby suspended in its entirety for up to an additional twelve months, and that the
Whatcom County Sheriff's Office correctional facility operational standards, as described above,
continue to be 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 months,
beginning July 8, 2020. The Whatcom County Sheriff's Office tors ectional facility standards, as
collectively established through various documents, including, but not limited to, written general
policies, corrections bureau operational policies and procedures, the Sheriff's Office Rules and
Regulations Manual, and the Uniform Building Code, are temporarily adopted in its place.
ADOf,TgD THIS 16th
z Bs
ATTEST:-,"' a
DAY OF June , 2020.
D a�,Wowp-bS\i`-Clc)&6f the Council
APPR& �;T0"'P0RM
Deputy Prosecuting Attorney
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
o,n64 Chair -' Barry Buchanan
APPROVEDX) DENIED(— � �—ej
)
Satpal SidAu, County Executive