HomeMy WebLinkAboutord2021-039Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
r Bellingham, WA 98225-4038
(360) 778-5010
Agenda Bill Master Report
File Number: AB2021-340
File ID: AB2021-340 Version: 1 Status: Adopted
File Created: 06/09/2021 Entered by: LReid@co.whatcom.wa.us
Department: Sheriff's Office File Type: Ordinance
Assigned to: Council Finance and Administrative Services Committee Final Action: 06/29/2021
Agenda Date: 06/29/2021 Enactment#: ORD 2021-039
Primary Contact Email: LReid@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:
See attachment
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
06/15/2021 Council INTRODUCED Council Finance and
Administrative Services
Committee
Aye: 7 Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
06/29/2021 Council Finance and Administrative RECOMMENDED FOR
Services Committee ADOPTION
Aye: 3 Browne, Byrd, and Frazey
Nay: 0
Absent: 0
06/29/2021 Council ADOPTED
Aye: 7 Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Whatcom County Page 1 Printed on 71112021
Agenda Bill Master Report Continued (AB2021-340)
Attachments: Staff Memo, Proposed Ordinance, May 2019 Code language prior to being suspended
Whatcom County Page 2 Printed on 71112021
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
H:/Ordinances County/Ordinance change for 2021 extension.doc
PROPOSED BY: Sheriff's Office_
INTRODUCTION DATE: 6/15/2021
ORDINANCE NO. 2021-039
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, 198 8 ... "; 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
H:/Ordinances County/Ordinance change for 2021 extension.doc
i WHEREAS, the COVI,D-19 pandemic has continued to cause a drastic disruption of
2 Whatcom County Sheriff's Office operations; and
3
4 WHEREAS, it is anticipated that an additional eighteen -month suspension of WCC 1.28
5 would allow the Whatcom County Sheriff's Office to complete the review and revision creation
6 process for Corrections policies, and to coordinate with the Law and Justice Committee and
7 Whatcom County Council to address concerns, questions, or suggestions, and to provide
8 Whatcom County Information Technology appropriate time to publish the final standards on the
9 Whatcom County website; and
10
11 WHEREAS, the Whatcom County Council deems it necessary to extend the suspension
12 of WCC 1.28 for up to an additional eighteen (1S) months to provide adequate time for the Law
13 and Justice Committee and the County Council to review the correctional facilities operational
14 standards and proposals; and
15
16 NOW, THEREFORE, 13E IT ORDAINED by the Whatcom County Council that WCC
17 1.28 is hereby suspended in its entirety for up to an additional eighteen months, and that the
18 Whatcom County Sheriff's Office correctional facility operational standards, as described above,
19 continue to be temporarily adopted in place of WCC 1.28.
20
21 I3E IT FINALLY ORDAINED that the following notation shall be included in the
22 County Code in place of WCC 1.28:
23
24 Whatcom Counly code Chapler 1.28 is lemj)orarily suspended far uh to eiahleen months,
25 heahming July 8, 2021. The Gfihaicom County Shez"iff's Office correctional facility standardsy, as
26 collectively established through various documents, including, but nol limited lo, wrillen general
27 policies, cqz,z;-e6li'c%`s4zhre"roil operational policies and procedzzr°es% the Sheriff's Clffice Rules and
28 Kegulcr� ins Mcz zrcrl aza �niform Building Code, are temporarily adopter' in its place.
29
30 h9 day of June 20 21
31 °° tiro ""` WHATCOM COUNTY COUNCIL
C)`t
32 A -FT ETCOM C 1,4kTY, WASHINGTON
33 �,r �'�
34re
�' F
35 Dana Brown- �is,. brit o�f e Couh—di B rry uchanan, Council Chair
36 :f e lgi,.,
37 WHATCOM COUNTY EXECUTIVE
38 APPRO��Q AS TO FORM: WHATCOM COUNTY, WA NGTON
39 40 Approved via `e �ma11 by Brandon Waldron / JL
41 Civil Deputy Prosecutor Satpal Sidhu, ounty Executive
42
43 Approved ( ) Denied
44
45 Date Signed: '