HomeMy WebLinkAboutord2023-009Whatcom County
Agenda Bill Master Report
File Number: AB2023-156
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
File ID: AB2023-156 Version: 1 Status: Adopted
File Created: 02/21/2023 Entered by: DBrown@co.whatcom.wa.us
Department: Council Office File Type: Ordinance
Assigned to: Council Criminal Justice and Public Safety Committee Final Action: 03/07/2023
Agenda Date: 03/07/2023 Enactment #: ORD
2023-009
Primary Contact Email: DBrown@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:
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
02/21/2023 Council INTRODUCED Council
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
03/07/2023 Council ADOPTED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Attachments: Proposed Ordinance
Whatcom County Page 1 Printed on 3/8/2023
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PROPOSED BY: SHERIFF'S OFFICE
INTRODUCTION DATE: FEBRUARY 21, 2023
ORDINANCE NO. 2023-009
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 temporarily suspended WCC 1.28 for
up to twelve months on July 8, 2019, and again for an additional eighteen months
on July 8, 2021; and
WHEREAS, the Whatcom County Council deems it necessary to reinstate the
suspension of WCC 1.28 for up to an additional eleven (11) months to provide
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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 eleven (11) 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 eleven
(11) months, beginning March 7, 2023. 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 Uniform Building Code, are temporarily
adopted in its place.
ADOPTED this 7th day of March 2023.
3 °
t v
•P
Dana Brown -Davis, Clerk of the Council
WHATCOM COUNTY EXECUTIVE
APPROVED AS TO FORM:
/s/ Karen Frakes approved via email on 2/21/23/MR
Karen Frakes, Civil Deputy Prosecutor
Page 2
1ALHATCOM COUNTY COUNCIL
WHATCOM COUM SHI[VGTON
anon, Cdulrtil Chair
WHATCOM COUNTY, WASHI��N
Satpal Sidhu, County Executive
( A Approved ( ) Denied
Date Signed: �� \� 2'3