HomeMy WebLinkAboutres2023-006File ID:
File Created:
Department:
Assigned to:
Agenda Date:
AB2023-107
01/26/2023
Council Office
Whatcom County
Agenda Bill Master Report
File Number: AB2023-107
Version:
Entered by: CHalka@co.whatcom.wa.us
File Type: Resolution
Council Committee of the Whole
02/21/2023
Primary Contact Email: chalka@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Status: Approved
Final Action: 02/21/2023
Enactment#: RES 2023-006
Resolution accepting the Justice Project Needs Assessment Report (Public Health, Safety, and Justice
Facility Needs Assessment)
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Resolution accepting the Justice Project Needs Assessment Report (Public Health, Safety, and Justice
Facility Needs Assessment)
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
02/21/2023 Council Committee of the Whole
Action:
RECOMMENDED FOR
APPROVAL
Sent To:
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: O
02/21/2023 Council APPROVED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: O
Attachments: Resolution
Whatcom County Page1 Printed on 2122/2023
1
2 PROPOSED BY: BUCHANAN
3 INTRODUCTION DATE: FEBRUARY 21. 2023
4
5 RESOLUTION NO. 2023-006
6
7 ACCEPTING THE JUSTICE PROJECT NEEDS ASSESSMENT REPORT
8 DEVELOPED BY THE STAKEHOLDER ADVISORY COMMITTEE AND
9 CONFIRMING NEXT STEPS TO DEVELOP AN IMPLEMENTATION PLAN
10
11 WHEREAS, on August 7, 2019, the Whatcom County Council approved Resolution
12 2019-036, adopting a statement of public health, safety, and justice facility planning
13 principles for Whatcom County; and
14
15 WHEREAS, on December 3, 2019, the Whatcom County Council established a
16 Stakeholder Advisory Committee (SAC) to guide the development of a public health, safety,
17 and justice facility needs assessment (as amended, see Resolution 2022-021); and
18
19 WHEREAS, in March 2020, the Justice Project was put on hold as a result of the
20 COVID-19 pandemic; and
21
22 WHEREAS, on September 28, 2021, the Whatcom County Council approved a motion
23 to re-engage the Stakeholder Advisory Committee members and reaffirm the principles in
24 Resolution 2019-036; and
25
26 WHEREAS, the SAC held their first meeting on January 20, 2022 and over the course
27 of a year, the SAC held 10 meetings and additional subcommittee meetings to review data,
28 identify gaps in the current community response, and consider what it would take to fill gaps
29 to improve health and public safety; and
30
31 WHEREAS, the Incarceration Prevention and Reduction Task Force (IPRTF) acting as
32 the Law and Justice Council (LJC) provided support, expertise, and assistance to the SAC
33 throughout their efforts to create a Needs Assessment report; and
34
35 WHEREAS, the SAC reviewed community feedback from the general public, including
36 over 1,700 survey responses and feedback from a town hall listening session (November 15,
37 2022) with 100 attendees; and
38
39 WHEREAS, the SAC reviewed additional feedback from priority audiences including
40 . tribal nations, Latine communities, and people with lived experience in the criminal legal
41 system; and
42
43 WHEREAS, the SAC reviewed survey feedback from people incarcerated and staff
44 working in the jail; and
45
46 WHEREAS, Justice Project updates were provided to the Whatcom County Council on
47 September 28, 2021, December 7, 2021, April 26, 2022, November 9, 2022, January 24,
48 2023; and
49
50 WHEREAS, on January 23, 2023, the IPRTF/UC endorsed the Justice Project Needs
51 Assessment report; and
52
53 WHEREAS, on January 26, 2023, the SAC voted to recommend the Justice Project
54 Needs Assessment report to County Council; and
1
2 WHEREAS, on February 7, 2023, Whatcom County Council received a presentation on
3 the Needs Assessment report (AB2023-106); and
4
5 WHEREAS, the Needs Assessment report presents a Vision, Values, and Goals, rooted
6 in the principles of Resolution 2019-036 and intended to serve as guidance for the County
7 Council and other community decision-makers for many years to come; and
8
9 WHEREAS, the Needs Assessment report:
10 Examines data related to incarceration rates, population demographics,
11 incarceration prevention and reduction efforts, and the health and welfare needs
12 of those involved in the criminal legal system,
13 Identifies gaps in the current community response to health and public safety
14 needs, both inside and outside the Whatcom County jail,
15 Considers what it would take to fill those gaps to improve health and public safety,
16 and
17 Makes recommendations to address the community's public health, safety, and
18 justice concerns; and
19
20 WHEREAS, the Needs Assessment focuses on three elements of public health, safety,
21 and justice systems, which are interrelated with each part affecting the other:
22 1. Systems includes shifts in practices, policies, and funding that facilitate efficient
23 functioning of the criminal legal system and reduce incarceration,
24 2. Services are the supports that need to be in place to prevent and reduce
25 involvement in the criminal legal system, and
26 3. Facilities includes the jail and a variety of residential and non-residential facilities
27 for legal and healthcare services; and
28
29 WHEREAS, the Needs Assessment recommendations are critical and time sensitive,
30 and are intended to work together towards a new, strategic and balanced approach that
31 honors the diverse needs and priorities of our community and leads to real change; and
32
33 WHEREAS, the Whatcom County Council sincerely appreciates the dedication,
34 passion, and commitment of the SAC, the IPRTF, and county staff providing support over the
35 last year as they all worked to address important issues in our community; and
36
37 NOW, THEREFORE, BE IT RESOLVED, that the Whatcom County Council hereby
38 receives and accepts the SAC's Justice Project Needs Assessment report as provided in Exhibit
39 A; and
40
41 BE IT FURTHER RESOLVED, that the county, led by the County Executive, will take
42 the next steps to create a more detailed implementation plan for the recommendations of the
43 Justice Project Needs Assessment; and
44
45 BE IT FURTHER RESOLVED, the IPRTF/UC will provide guidance and develop
46 elements of the draft implementation plan; and
47
48 BE IT FURTHER RESOLVED, that the implementation plan will include:
49 • Analysis of potential facilities concepts, including location options and planning
50 level costs,
51 • Identification of a site and concept for the main jail and service facilities in the
52 community,
53 • Proposed services and systems efforts and their costs,
54 • Identification of county departments, community leaders and organizations to lead
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implementation of the recommendations, and
• A funding approach, including but not limited to elements to be funded through a
proposed ballot measure; and
BE IT FURTHER RESOLVED, that the implementation plan will be developed through
workshops with the IPRTF, county staff, and key stakeholders; and
BE IT FURTHER RESOLVED, that outreach to key stakeholders, the general public
and priority audiences will be included in the development of the implementation plan; and
BE IT FURTHER RESOLVED, that the draft implementation plan will be reviewed by
the County Council, the IPRTF/UC, focus groups with underrepresented audiences, and the
general public, who will all have an opportunity to shape its development; and
BE IT FINALLY RESOLVED, that the IPRTF/UC will continue to monitor and assess
progress towards implementing the recommendations of the Justice Project Needs
Assessment report through its Annual Report development.
APPROVED AS TO FORM:
Karen Frakes (by email 2/14/2023)
Civil Deputy Prosecutor
I
Stakeholder Advisory Committee
for the Public Health, Safety,
ExhibitA
and Justice Facility Needs Assessment
January 2023
STAKEHOLDrn ADVISORY COMMIHH (SAC]
(Men1be1-Na1,1e, SAC Position)
Teresa Bosteter, Individual with lived experience in
the criminal justice system
Barry Buchanan, Whatcom County
Councilmember, SAC Chair
Chad Butenschoen, Citizen -Criminal Justice
Advocate
Kendra Cook, Individual with lived experience in
the criminal justice system
Atul Deshmane, Citizen -Criminal Justice
Advocate
Bill Elfo / Doug Chadwick, Whatcom County
Sheriff's Office
Brooke Eolande, Behavioral Health and Social
Service Provider
Arlene Feld, Behavioral Health and Social Service
Provider
Heather Flaherty, Behavioral Health and Social
Service Provider
Seth Fleetwood/ Brian Heinrich, City of
Bellingham Administration
Starck Follis/ Maialisa Vanyo, Public Defender's
Office
Peter Frazier, Citizen Criminal Justice Advocate
Brei Froebe, Citizen -Criminal Justice Advocate
Stephen Gockley, Incarceration Prevention and
Reduction Task Force
David Goldman, Jail Resources I Service Provider
Daniel Hammill, Incarceration Prevention and
Reduction Task Force
Kristin Hanna (defense attorney), Individual with
lived experience in the criminal justice system
Deborah Hawley, Citizen -Criminal Justice
Advocate
Anthony Hillaire/ Rosalee Revey-Jacobs, Tribal
Nations, Tribal Nations
Jack Hovenier, Citizen -Behavioral Health
Advocate
Scott Korthuis, Small Cities Partnership
Cliff Langley, Citizen -Criminal Justice Advocate
Erika Lautenbach, Whatcom County Health
Department
Michael Lilliquist, Bellingham City Councilmember
Harriet Markell, Behavioral Health and Social
Service Provider
Rebecca Mertzig / David Crass, Bellingham Police
Kara Mitchell Allen, Individual with lived
experience in the criminal justice system
Perry Mowery, Incarceration Prevention and
Reduction Task Force
Jon Mutchler, Citizen -Criminal Justice Advocate
Darlene Peterson, Incarceration Prevention and
Reduction Task Force
Eric Richey, Whatcom County Prosecuting
Attorney
Roman Swanaset-Simmonds, Tribal Nations
Satpal Sidhu / Tyler Schroeder, Whatcom County
Administration
Daron Smith, Teamsters Local 237 Whatcom
County Corrections Business Unit
Eve Smason-Marcus, Individual with lived
experience in the criminal justice system
Mary Lou Steward, Small Cities Partnership
RB Tewksbury, Citizen -Criminal Justice Advocate
Eli Wainman, Citizen -Criminal Justice Advocate
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 2
INCARCrnATION PREVENTION AND RrnUCllON TASK FORCE
Barry Buchanan, Whatcom County
Councilmember
Bill Elfo, Whatcom County Sheriff/ Jail
Administrator
Arlene Feld, Concerned citizen
Heather Flaherty, Concerned citizen
Seth Fleetwood, Bellingham Mayor
David Freeman, Superior Court Judge
Stephen Gockley, Task Force Co-Chair, Health
and Social Services
Daniel Hammill, Bellingham City Councilmember
Deborah Hawley, Consumer of services or family
member of consumer
Mike Hilley, Whatcom County EMS Manager I
Emergency medical services representative
Jack Hovenier, Task Force Co-Chair, Consumer of
services or family member of consumer
Raylene King, Blaine Court Administrator I Small
Cities Municipal Court representative
Scott Korthuis, Lynden City Mayor
Jenn Lockwood, Health and Social Services
Jason McGill, Health and Social Services
Rebecca Mertzig, Bellingham Police Chief
Perry Mowery, Human Services Division
Supervisor, Whatcom County Health Department
Eric Petersen, Representative of the Secretary of
the Washington State Department of Corrections
Darlene Peterson, Bellingham Municipal Court
Administrator
Dave Reynolds, Juvenile Court Administrator I
Superior Court Clerk
Eric Richey, Whatcom County Prosecuting
Attorney
Satpal Sidhu, Whatcom County Executive
Donnell Tanksley, Small City Police Chief
Bruce Van Glubt, District Court Administrator
Maialisa Vanyo, Chief Deputy Public Defender
Greg Winter, Health and Social Services
Barry Buchanan, Whatcom County Erika Lautenbach, Director, Whatcom County
Councilmember Health Department
Malara Christensen, Whatcom County Health
Department
Gail DeHoog, Whatcom County Health
Department
Chris D'Onofrio, Whatcom County Health
Department
Joe Fuller, Whatcom County Health Department
Mike Hilley, Whatcom County Emergency Medical
Services
Barbara Johnson-Vinna, Whatcom County Health
Department
Thomas McAuliffe, Whatcom County Health
Department
Jackie Mitchell, Whatcom County Health
Department
Jeremy Morton, Whatcom County Emergency
Medical Services
Perry Mowery, Whatcom County Health
Department
Mike Parker, Opportunity Council
Dean Wight, Whatcom County Health
Department
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 3
DATA TEAM
Barry Buchanan, Whatcom County
Councilmember
Malora Christensen, Whatcom County Health
Department
Caleb Erickson, Whatcom County Sheriff's Office
Dr. Alexes Harris, Department of Sociology,
University of Washington
Mike Hilley, Whatcom County Emergency Medical
Services
FACIUllES TEAM
Barry Buchanan, Whatcom County
Councilmember
Doug Chadwick, Whatcom County Sheriff's Office
Bill Elfo, Whatcom County Sheriff's Office
Caleb Erickson, Whatcom County Sheriff's Office
Wendy Jones, Whatcom County Sheriff's Office
JUSTICE PROJECT LEADERSHIP TEAM
Barry Buchanan, Whatcom County
Councilmember
Bill Elfo, Whatcom County Sheriff
JUSTICE PROJECT PLANNING TEAM
Barry Buchanan, Whatcom County
Councilmember
Stephen Gockley, Incarceration Prevention and
Reduction Task Force Co-Chair
rJORRECl!ONS INFORMATION AND DATA SUPPmn
Caleb Erickson, Lieutenant, Whatcom County
Sheriff's Office
Wendy Jones, Whatcom County Sheriff's Office
Jeremy Morton, Whatcom County Emergency
Medical Services
Darlene Peterson, IPRTF Member
Andrew Peterson, Washington State Center for
Court Research
Perry Mowery, Whatcom County Health
Department
Rusty Noble, Whatcom County Facilities
Jackie Mitchell, Whatcom County Health
Department
Tyler Schroeder, Whatcom County Executive Office
Eric Richey, Whatcom County Prosecuting
Attorney
Satpal Sidhu, Whatcom County Executive
Jack Hovenier, Incarceration Prevention and
Reduction Task Force Co-Chair
Tyler Schroeder, Deputy Executive Whatcom
County
Wendy Jones, Chief Corrections Deputy, Whatcom
County Sheriff's Office
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 4
PROJECT SUPPORT
Elizabeth Boyle, Graphic Design, Elizabeth Boyle
Consulting
Makenzie Flemming, Public Engagement Project
Manager, The Vida Agency
Cathy B. Halka, AICP, Legislative Analyst, Whatcom
County Council
Dr. Alexes Harris, Department of Sociology,
University of Washington
RESEARCH
Jackson Boyle and Samantha Schwartz, Data
Entry
David Goldman, MAEd, Transitional Learning
Department, Whatcom Community College
Jennifer Moon, Lead Report Writer, Moonlight
Solutions
Jill Nixon, Legislative Coordinator II, Whatcom
County Council
Holly O'Neil and Mardi Solomon, Project
Facilitation Team, Crossroads Consulting
Lydia Mcclaran, Glossary Development
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 5
Acknowledgements .................................................................................................................................................................................. 2
Table of Contents ........................................................................................................................................................................................ 6
Executive Summary .................................................................................................................................................................................. 7
lntroduction .................................................................................................................................................................................................. 14
Methodology ................................................................................................................................................................................................. 77
An Overview of the Whatcom County Jail and Incarceration Prevention and Reduction Efforts .... 24
Efforts to Reduce the Size of the Jail Population ................................................................................................................. 37
Risk Factors for Criminal Legal System lnvolvement ...................................................................................................... 44
Vision, Values, and Goals ..................................................................................................................................................................... 47
Systems Needs Assessment ............................................................................................................................................................... 57
Services Needs Assessment ................................................................................................................................................................ 67
Facilities Needs Assessment ............................................................................................................................................................. 75
Conclusion ..................................................................................................................................................................................................... 85
Acronyms ...................................................................................................................................................................................................... 87
Glossary ........................................................................................................................................................................................................... 88
Appendix ....................................................................................................................................................................................................... 702
References ................................................................................................................................................................................................... 707
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 6
Executive summary
For decades, Whatcom County has struggled to strike a balance between prevention and
incarceration in its approach to public safety. From the early days following the completion of the
Whatcom County Jail in 7984 until now, there have been two consistent needs:
l To have a jail that is safe for those in it, with the services needed to support successful
community re-entry, and
2. To more appropriately respond to lower-level offenses through the provision of incarceration
prevention, diversion, and alternative services, including reducing the number of people who are
incarcerated and have behavioral health issues.
Identifying system, service, and facility needs and developing recommendations to meet these two
objectives has been the work of the Stakeholder Advisory Committee (SAC) over the past year.
ABOUT THE STAKEHOLDER ADVISORY COMMITTEE
The SAC was formed by a resolution that was passed unanimously by the Whatcom County Council.
Its purpose was to advise the Whatcom County Council and to create a Public Health, Safety, and
Justice Facility Needs Assessment. It was comprised of 38 voting members, including broad
representation from local government, Tribal Nations, community-based service providers, criminal
legal system agencies, and people with lived experience in the criminal legal system. Its members
were selected based on their diversity of experience and perspective, as liaisons to the communities
they represent, and as individuals who could assist in developing a plan reflective of the
community's values.
lH[: SAC PROCESS
During this process, the SAC considered a range of topics related to Whatcom County's criminal
legal system. These included:
ll!!l Current criminal legal system challenges, including current capacity, data limitations, procedural
and legislative factors, and the impact of COVID-79.
ll!!l A history of the Whatcom County Jail and incarceration diversion and alternatives programs.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 7
• Characteristics and needs of those involved in the criminal legal system, with a focus on
behavioral health.
• Existing incarceration prevention, diversion, and alternatives programs and their outcomes.
• Criteria for a jail facility, such as location, size, design, and types of spaces needed for services.
• Data availability and tracking.
All the parts of this Needs Assessment were developed through an iterative process involving input
from the SAC, the Incarceration Prevention and Reduction Task Force (IPRTF), subject matter
experts, and the public. Involving people with very diverse perspectives in this process, the intention
was to work toward shared understanding and build consensus as much as possible. At each
juncture, the key question was "What additional information is needed?" The final decisions to
approve the identified needs and recommendations, as well as the decision to recommend the
Needs Assessment Report to the Whatcom County Council, were passed by strong majorities of SAC
members and additionally endorsed by the IPRTF in January 2023.1
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 8
THE ASSESSMENT
OATI
The SAC recommendations for Whatcom County's criminal legal system are listed below. To develop
these recommendations, the SAC focused on three interrelated elements of the public health,
safety, and justice system:
1" Systems
Services
Facilities
These recommendations can serve as a foundation for changes in Whatcom County's criminal legal
system, including its facilities. The Needs Assessment offers a vision for the future which the SAC
believes will benefit health, welfare, and public safety in Whatcom County.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 9
Al. Need: Increase access to inpatient and outpatient competency restoration services for
people evaluated as needing these services.
Rec 1: Work with regional partners to identify needed systems changes (policies, funding,
and programs) to increase access to inpatient competency restoration.
Rec 2: Explore and develop outpatient competency restoration services.
A2. Need: Reduce the amount of time people spend in jail before trial or other case resolution.
Recommendation: Whatcom County courts should promote the timely resolution of
cases with a goal of matching average case resolution times in other counties and/or the
state. To accomplish this, our courts should:
• Screen cases for their level of complexity and allocate time, provide court resources,
and schedule proceedings accordingly.
• Limit continuances as much as feasible.
• Regularly monitor relevant performance measures and make data available to
stakeholders and the public.
A3. Need: Reduce the number of people detained in jail before trial or other case resolution.
Rec 1: Provide a range of pretrial release and monitoring options in lieu of bail (adhering to
Court Rule CrR 3.2 2).
Rec 2: Analyze as quickly as possible the Superior Court's current use of an evidence-
based, statistically valid pretrial risk assessment in making pretrial release decisions, with
the goal of determining whether its use is effective in lessening pretrial incarceration and
reducing or eliminating racial disparities while protecting public safety.
A4. Need: Address the disproportionate incarceration of BIPOC individuals.
Rec 1: Conduct analysis of root causes where disproportionality and disparities arise and
develop targeted strategies to measurably improve proportionality of incarcerated BIPOC
individuals.
Rec 2: Ensure that all county law enforcement employees.jail staff, and staff in all court
systems maintain data systems adequate to identify where potential bias and racial
disparities may be occurring.
Rec 3: Include detailed data and analysis regarding racial makeup of incarcerated
individuals in a standing system information report that is reviewed no less than quarterly
by senior management, and made publicly available (without identifying information).
Rec. 4: Take prompt effective actions to correct disparities when they are identified.
AS. Need: More direct involvement of BIPOC communities, victims of crime, and people with
lived experience with incarceration (personal or family member) in decision-making about
policies and practices in the criminal legal system.
Recommendation: Implement strategies to meaningfully include BIPOC communities,
victims of crime, and people with lived experience in the development of plans and
monitoring of progress.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 10
A6. Need: System for collecting consistent data from all intercept points in the criminal, legal,
and behavioral health systems.
Recommendation: Build a data system for collecting consistent data from all intercept
points.
A7. Need: Data dashboard to track trends in criminal legal system, racial disparities in the
system, and incarceration prevention & reduction efforts.
Bl.
Recommendation: Build a data dashboard to track and publicly present trends and
outcomes of criminal legal system changes, efforts to address racial disparities in the
system, and efficacy of incarceration prevention and reduction work.
Need: Increased community mental health (MH) and substance use disorder (SUD)
treatment capacity (in-patient & out-patient) to prevent and reduce incarceration and re-
incarceration.
Rec 1: Support additional positions for MH and SUD professionals with certified
community behavioral health agencies to provide:
• Community-based assessment on demand.
• Jail-based assessment for individuals that are completing their incarceration and
needing MH and/or SUD treatment (inpatient or outpatient) as they re-enter the
community.
Rec 2: Utilize SUD professionals contracted with community agencies to provide
evidence-based SUD services in the jail setting and ensure continuity of care to
community-based treatment upon release.
Rec 3: Create additional positions for jail re-entry specialists and navigators to facilitate
care coordination and ensure a warm hand off to community service providers,
healthcare/behavioral healthcare, peer support, housing, and vocational support.
Rec 4: Increase the number of Mental Health Professionals and Intensive Case Managers
contracted through community agencies to provide services in the jail and support re-
entry staff in facilitating continuity of care when incarcerated individuals are released.
B2. Need: Increased capacity of effective existing programs to divert more people from
incarceration (e.g., GRACE, LEAD, Mental Health Court, Drug Court).
B3.
Recommendation: Ensure stable funding to enable expansion of programs that have
proven to be effective in diverting people from incarceration.
Need: Increased capacity of Program for Assertive Community Treatment (PACT), an
evidence-based program for people with severe and persistent mental illness who require
intensive support services (e.g., medication, case management) to function in the
community.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 11
Rec 1: Expand access to PACT services in the community for people with severe and
persistent mental illness and other mental disorders (e.g., PTSD, traumatic brain injuries) to
prevent involvement with the criminal legal system.
Rec 2: Increase PACT services dedicated to incarcerated individuals. Conduct evaluation
for services prior to release and facilitate immediate entry into PACT services upon release.
B4. Need: Additional qualified, & racially/ethnically diverse jail staff.
Rec 1: Ensure that recruitment and employment practices in the jail advance diversity,
equity, and inclusion.
Rec 2: Offer wages and benefits that will attract qualified staff, representative of the
community's diversity.
BS. Need: Additional corrections officers to escort incarcerated individuals to services within
and outside the jail.
Recommendation: Add jail staff to increase incarcerated individuals' access to needed
services within and outside the jail (e.g., MH/SUD services, medical care, lawyers, court,
education, vocational training, peer support).
Cl. Need: A new jail that is:
• Correctly sized, based on a fair analysis of population growth, along with strategic
investments to avoid unnecessary incarcerations.
• Sized and operated to assure booking restrictions in the county and its cities will not
occur.
• Designed to reflect best practices for safety, efficiency, and technology.
• Safe for incarcerated individuals and those who work and visit there.
• Designed with spaces & equipment to provide incarcerated individuals with dignity and
needed services (e.g., dedicated, confidential behavioral health treatment space;
visitation spaces; medical care, provider/staff workspace; education & vocational
training; outside spaces).
• Versatile to accommodate changes in the population.
• Built to last.
• Easy to maintain.
• Feasible to fund and build.
• Located near adjacent land to purchase/develop if needed.
• Located in proximity to resources incarcerated individuals need (e.g., criminal legal
resources, public transportation).
• Easily accessible by all jurisdictions served.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 12
Rec 1: Build a new jail that meets as many of the specified criteria as possible.
Rec 2: Calculate comparative cost estimates for possible facility locations before a specific
site is chosen.
Rec. 3: Select a location for the jail with due consideration of the comparative importance
assigned to proximity to various resources and services.
C2. Need: Facilities to enable increased community mental health and substance use disorder
treatment capacity (in-patient & out-patient) to prevent and reduce incarceration and re-
incarceration.
Rec 1: Explore development of 24/7 Behavioral Health Urgent Care capacity to provide
short-term (23 hours or less) MH and SUD services.
Rec 2: Research feasibility and desirability of building a secure detox facility in the region
for people with SUD who are considered a risk to public safety.
Rec 3: Establish a location in close proximity to the jail from which re-entry specialists,
behavioral health staff, system navigators, and peer support providers can offer re-entry
support.
Rec 4: Work closely with criminal legal system stakeholders to select locations for facilities
that will work for employees, incarcerated individuals, service providers, and families.
C3. Need: Additional permanent supportive housing with on-site clinical support and
intensive case management for people with severe and persistent mental illness who are
involved, or at risk of involvement, with the criminal legal system.
Recommendation: Advocate for state, federal, and private funding to expand and improve
permanent supportive housing with on-site clinical support and intensive case
management for people with serious mental illness who are involved, or at risk of
involvement with the criminal legal system.
C4. Need: Safe, supportive housing for people engaged in diversion and therapeutic court
programs (e.g., GRACE and LEAD, Drug Court, Mental Health Court).
Recommendation: Prevent unstable housing from-being a barrier to successful
engagement with diversion and therapeutic court programs.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 73
Introduction
For decades, Whatcom County has struggled to strike a balance in its approach to public
safety. Not just in Whatcom County, but throughout the country, sending offenders to jail has been
seen as the primary response to crime. Jail sentences kept individuals charged with and convicted
of crimes off the streets. Alternatives to incarceration were considered appropriate for some but
were largely a secondary public safety response.
Public safety systems are now being re-examined.
There is an increasing recognition that jails are
being used not only for public safety purposes
but also to fill gaps in other broken systems.
They have evolved, for example, into housing and
behavioral health treatment facilities of last resort
that serve people who have been unable to access
housing and treatment in the community and
end up in jail.
Incarceration as a practice has also been applied inequitably across the country. Data show that
those who live in poverty, who have behavioral health challenges, and who are people of color
are more likely to be involved in the criminal legal system and jailed. This is a reflection of laws,
policies, and practices that are now under review.
Results of Justice Project outreach efforts and a 2018 Listening Tour indicate that Whatcom
County residents generally agree that jail is appropriate for those who pose a risk to public
safety. Identifying the criteria that determine such a risk, however, is much less clear.
l What crimes, actions, or behaviors require jail time?
2 .. Which can and should be addressed through community-
based justice programs?
3 .. How big should the Whatcom County Jail be in relation to
population growth and prevention and diversion services?
4. Could public funds be saved by investing in community-
based alternatives for non-violent offenders?
niese questions have
dominated local public safety
debates for almost as long as
urn Wlrntcom county Jail has
been in existence.
These questions have dominated local public safety debates for almost as long as the Whatcom
County Jail has been in existence.
In Whatcom County, as elsewhere, a broad spectrum of opinions exists related to incarceration. A
growing number of community members and leaders have called for reforms to reduce
incarceration rates and prevent criminal legal system involvement. Policies and practices that put
people who do not pose a public safety risk in jail, they argue, are unjust. Community members have
called for the creation and funding of services and programs that focus on prevention and provide
alternatives to incarceration for those who do not pose a public safety risk. Many also support
developing more services to help those in jail successfully return to community life and avoid re-
offending and re-incarceration.
Other community members express concerns about crime rates. An inadequate jail facility and
staffing shortages in law enforcement and corrections, they argue, endanger public safety. Too
many, they contend, are not being booked into jail because the jail does not have available space.
Some community members feel strongly that jail sentences can deter crime.
'fhe maiority of people seem to agree that a iaii is an important component of protecting public safety,
when it is accompanied by prevention am! diversion services and eouitable policy development and
implementation.
This Needs Assessment reflects the work of the Stakeholder Advisory Committee (SAC) in examining
these issues. Over the course of 2022, the SAC worked with the Incarceration Prevention and
Reduction Task Force (IPRTF)3 , which also serves as the Whatcom County Law and Justice Council,
and the Behavioral Health Gap Analysis Team (BHGAT). The IPRTF, BHGAT, Whatcom County
Corrections leadership, and other subject matter experts provided data to help the SAC develop this
Needs Assessment. In addition, public input was gathered to inform the SAC.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 15
This Needs Assessment:
• Establishes a vision, values, and goals for
the criminal legal system in Whatcom
County.
• Examines data related to incarceration
rates (including procedures and
regulations), population demographics,
incarceration prevention and reduction
efforts, and the health and welfare needs
of those who are involved in the criminal
legal system.
• Identifies gaps in the current community
response to health and public safety
needs, both inside and outside the
Whatcom County Jail.
• Considers what it would take to fill those
gaps in order to improve health and public
safety.
• Makes recommendations to address the
community's public health, safety, and
justice concerns.
Many promising efforts are currently underway in Whatcom County. More work is needed. The SAC's
recommendations offer clear direction for Whatcom County's criminal legal system to improve both
public safety and the health and welfare of those involved in the local criminal legal system.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 16
ABOUT Hff SrAKrnornrn ADVISORY COMMIHEE [SAC)
The Stakeholder Advisory Committee was formed by a resolution approved unanimously by the
Whatcom County Council.4 The SAC was comprised of 38 voting members, including representation
from local governments, Tribal Nations, community-based service providers, criminal legal system
agencies, and people with lived experience in the criminal legal system. Its members were selected
based on their diversity of experience and perspective, as liaisons to the communities they
represent, and as individuals who could assist in developing a plan reflective of the community's
values. SAC Members elected Whatcom County Councilmember Barry Buchanan to serve as the
SAC Chair.
The work of the SAC was coordinated by a Leadership Team and a Planning Team.
!!!f/J The SAC Leadership Team provided direction to the Planning Team and consisted of the
Whatcom County Executive, the Whatcom County Sheriff, Whatcom County Councilmember
Barry Buchanan, and the Whatcom County Prosecuting Attorney.
!!!fl! The Planning Team, including Whatcom CountyCouncilmember Barry Buchanan, IPRTF co-
chairs Jack Hovenier and Stephen Gockley, and Whatcom County Deputy Executive Tyler
Schroeder, helped facilitate the process of compiling relevant data to bring before the SAC
membership for consideration, identifying local experts to present to the group, and preparing
the final Needs Assessment Report.
The SAC held 70 official meetings (Appendix A) and nine work sessions (Appendix B) between
January 2022 and January 2023. SAC subcommittees worked on special topics such as developing
the Vision, Values, and Goals statements and applying the Government Alliance on Race and Equity
(GARE) Racial Equity Toolkit.
SAC members dedicated their time and expertise to complete the needs assessment. Meetings and
work sessions were well-attended, and members engaged with subject matter experts and the
material. The SAC Chair also provided periodic updates to the County Council on the progress of the
SAC.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 17
The IPRTF and its subcommittees supported the work of the SAC. The IPRTF currently has five
subcommittees:
• Steering Committee
• Behavioral Health
• Legal and Justice System
<e Crisis Stabilization Facility
<e Information Needs and Data Exchange
(INDEX)
SAC members attended several work sessions with IPRTF subcommittees, which helped build a
common understanding of the complex issues being discussed. In addition, the chairs of several
IPRTF committees hosted group discussion meetings for SAC members who wanted to learn more.
The SAC benefitted from previous work done by The Vera Institute of Justice and from the expertise
of Dr. Alexes Harris, Professor of Sociology at the University of Washington. Dr. Harris provided
guidance on data collection and analysis and presented important context to the Planning Team
and SAC at the beginning of their process.
N
This Needs Assessment examines Whatcom County's public health, safety, and justice facility needs.
It also assesses the current infrastructure, practices, and service capacity of Whatcom County's
programs to reduce incarceration through prevention, diversion, and jail alternatives. These efforts
will continue to evolve as outcomes are assessed, needs grow, and data and research improves.
The SAC considered a range of topics. These included:
@JI Current criminal legal system challenges, including current capacity, data limitations, procedural
and legislative factors, and the impact of COVID-79.
@JI A history of the Whatcom County Jail and incarceration diversion and alternatives programs.
13 Characteristics and needs of those involved in the criminal legal system, with a focus on
behavioral health.
@JI Existing incarceration prevention, diversion, and alternatives programs and their outcomes.
@JI Criteria for a jail facility, such as location, size, design, and types of spaces needed for services.
13 Data availability and tracking.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 18
There are many contributing factors that might put
someone at greater risk of incarceration.
Homelessness, mental health issues, poverty,
racism, substance use disorders, criminogenic risk
factors, and adverse childhood experiences (ACEs)
are known to increase the likelihood of future
violence, victimization, and perpetration.
Numerous local agencies outside of the criminal
legal system work to prevent and to mitigate these
kinds of risk factors. These include early childhood
educators, social service providers, the Child and
Family Well-Being Task Force, and Healthy
Whatcom, which has developed a 2022-2026
Community Health Improvement Plan.5 The
Healthy Children's Fund, approved by voters in
2022, also provides funding and guidance for how
to reduce risk factors, especially for young children
ages Oto 5 and their families.
The SAC recognizes and acknowledges that crime
is an issue of concern to many Whatcom County
residents. In the same way that this Needs
Assessment does not make recommendations
related to the root causes that place people at
greater risk of incarceration, it does not directly
address policing practices or speak to community perceptions about or experiences of crime in
Whatcom County.
Underlying this Needs Assessment is the understanding that increasing funding and creating
policies to prevent criminal legal system involvement are essential to reducing crime and
improving public safety in Whatcom County. Prevention and incarceration work together towards
broader public safety goals.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 19
A COllABORAliVE PROCESS
All the parts of this Needs Assessment were developed through an iterative process involving input
from the SAC, IPRTF, subject matter experts, and the public. At each juncture, the SAC was asked
key questions:
• "What additional information is needed?"
~ "Do you agree with this?"
~ "If not, what would you suggest?"
The Planning Team used in-meeting discussions, as well as online polls, to receive SAC feedback and
responded by revising materials.
The final decisions to approve the identified needs and recommendations, as well as the decision to
recommend the Needs Assessment Report to the Whatcom County Council, were passed by strong
majorities of SAC members and additionally endorsed by the IPRTF in January 2023.6 (See Appendix
C for the results of the SAC process.)
A summary of the process and participants in the development of the various work products
included in this assessment are detailed in Appendix D.
SOURCES
This study draws on data from available local sources and data systems. It also considers the findings
of previous studies and reports (Appendix E).
Analysis of Whatcom County's public safety systems is not an easy task. Multiple data systems and
inconsistent data collection are a challenge. Where data are limited, the study describes
population statistics and needs and makes projections based on the best data available.
PlANNI rnot
Given that there is a high percentage of people in the jail with mental health and substance use
issues, this assessment relies heavily on the use of the Sequential Intercept Model (SIM). This
model is a planning tool that was first developed in the early 2000s and is now used nationally. It
helps communities identify resources and gaps in services at all points of connection with people
before, during, and after incarceration. Developing strategic responses at each intercept can reduce
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 20
the involvement of people with mental health and substance use disorders in the criminal legal
system.
The SIM was first used locally by the IPRTF in 2079. Through this Needs Assessment process, the SIM
was updated by the BHGAT to better reflect local conditions, current service needs, and programs
that have been developed in the past few years.
The full updated SIM, including definitions used in the preparation of the SIM, can be found in
Appendices F and G.
SURVEYS Of INCARCERATED IND!ViOUALS ANO STAFF AT rHE WHAICOM COUNTY lJAll
As part of the data collection process, surveys were conducted with incarcerated people and jail
staff. One hundred and nine (709) incarcerated individuals voluntarily participated in the survey,
representing 33% of the incarcerated population. Sixty-two percent (62%) of participants were
located at the Work Center, and 38% of participants were individuals incarcerated at the Whatcom
County Jail.
Twenty-eight (28) Whatcom County Jail staff (50%) voluntarily participated in another survey. Forty-
three percent (43%) of jail staff who responded had worked at the Whatcom County Jail for 70 years
or more. The full survey results are in Appendix H.
COMMUNITY ENGAGEMENT PROCESS
To gather additional input and get feedback on the SAC's work, a public engagement process was
conducted in the fall of 2022. The focus was to hear feedback on a first draft of the SAC's Vision,
Values, Goals, and priority needs and gather feedback about incarceration and the need for a new
jail. Engagement activities included:
• A Town Hall Listening Session, which was held in November 2022 for the public at large. (See
Appendix I for a summary of the Town Hall.) The event was held in a hybrid format with both in-
person and on line participation. Approximately 35 people attended the Town Hall in-person, and
about 70 participated online. Seventeen (77) SAC members attended.
• An Online Public Survey, which was conducted from October 24 to November 22, 2022. A total
of 7,704 valid responses were collected from individuals across Whatcom County.
@ Six (6) listening sessions, involving 29 participants from immigrant, tribal, and previously
incarcerated (or their family members) communities.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 21
<!Ill Eight (8) informal interviews with five (5) immigrant community leaders and three (3) Lum mi
Nation Elders.
Full results from the on line public survey, listening sessions, and interviews can be found in
Appendix].
In addition, both SAC and community members were invited and encouraged to email comments
to the Justice Project email address. Comments were posted on the project webpage and were
reviewed and considered by SAC members. (Appendix K).
Public participation in the community survey and Town Hall was encouraged via the Whatcom
County Justice Project website 7, a Whatcom County Newsflash, postings on the Whatcom County
website and social media pages, local news coverage, posters at locations across the county, and
other outreach activities.
It should be noted that participants in the Town Hall event and online public surveys were self-
selected. Respondents chose to comment or participate and were not randomly selected.
Participation in the listening sessions and interviews was by invitation.
Feedback received from the community engagement activities informed SAC members and helped
them refine the Vision, Values, and Goals and priority needs.
HY s
A subcommittee of the SAC conducted a Racial Equity Analysis (Appendix L). The purpose of the
subcommittee's work was to apply the "Racial Equity Toolkit: Local and Regional Government
Alliance on Race and Equity"8 to the SAC's work. The subcommittee chose to focus its analysis on an
evaluation of the SAC process. The subcommittee's findings were incorporated into the needs and
recommendations of this report.
WHt\lCOM COUNTY JAIL vmrn
Finally, a video of the Whatcom County Jail facility was prepared, as an alternative to a tour for SAC
members (Appendix M). The video presented a means for SAC members to see spaces and
conditions within the facility without creating an undue burden on staff and avoiding any concerns
related to COVID-19 exposures.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 22
JUSTICE PROJECT
Public Health, Safety and Justice Facility Needs Assessment
• Facilitation of SAC
• Communications
• Community
Engagement
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 23
An overview of the Whatcom county Jail and Incarceration
Prevention and Reduction Efforts
INADEQUATE FROM THE SlARr
The existing Whatcom County Jail was completed in 7984. As soon
as it was built, it was already out of date and inadequate in a
number of ways. It was constructed based on state standards
dating to the 7960s and was, therefore, seismically unsound from
the start. It was designed to hold up to 748 people. It was not
adequately designed as a place for rehabilitation and restoration
to community life. It lacked appropriate spaces for healthcare,
behavioral health, and other needed services. Its construction
reflected assumptions and approaches of an earlier era. These
inadequacies have hampered the jail ever since.
completed in 19841 the
Whatcom county Jail was
out of date and inadequate
'from the start. Bum to last
50 years, overcrowding
increased wear and tear on
ttJe DUilding.
From the early days following the completion of the Whatcom County Jail until now, there have been
two consistent needs:
ti To have a jail that is safe for those in it, with the services needed to support successful community
re-entry, and
ti To more appropriately respond to lower-level offenses through the provision of incarceration
prevention, diversion, and alternative services, including reducing the number of people who are
incarcerated due to behavioral health issues.
Addressing these two needs in tandem is key to meeting community expectations for reducing
crime while improving public health and safety.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 24
un iS TIME rn DO SO ING MOST COMMUNm HAVE NOT DONE."
Phose l Peport, 7999 \/1/hot:corn County low one/ Justice Pion
Beginning in the early 1990s, jail overcrowding was already becoming a problem. For all but the first
two years of the jail's existence, the jail population has exceeded its original capacity. Built to last
for 50 years, overcrowding increased wear and tear on the facility. It quickly deteriorated.
Over the next decade, the jail was remodeled to increase capacity. Single cells became double-or
triple-bunked cells. Over time, indoor recreation areas were repurposed, and a multipurpose room
used for larger groups and programs was converted into an in-jail courtroom. More beds in the jail
meant less space for needed services, programs, and operations.
In 1993, the Whatcom County Council established the Whatcom County Law and Justice Council,
as required by a new state law that had first been introduced by State Senator Dale Brand land (42nd
Legislative District). Based on a model that had been previously developed in Whatcom County, the
purpose of the Law and Justice Council was to plan and coordinate efforts across the criminal legal
system.9 Its work focused primarily on procedures and operations to make the system work more
smoothly. At the time, the Council included no community or agency representatives. Instead, it
was comprised solely of court, law enforcement, corrections, prosecution, and defense staff.
Following the formation of the Law and Justice Council, a Whatcom County Comprehensive Law
and Justice Planning Project was created. This group produced a report written by two law and
justice system experts. The study suggested that incarceration alternatives be developed for low-risk
offenders. "Putting someone who has come in on a warrant for driving without a license in a bed is
asinine," one of the study's authors concluded.10
To address jail overcrowding, the experts recommended that a minimum-or medium-security
facility be built. The new facility should offer clinical services. The study's author also suggested that
"It is time to do something most communities have not done, which is to put them into a clinical
setting where they can be diagnosed, treated, and diverted to become productive citizens." Pretrial
reforms such as electronic monitoring and house arrest were other strategies that might reduce the
size of the jail population.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 25
1990S
• Jail capacity, safety, and service
availability issues arise.
2004
• Law & Justice Council recommends
construction of new jail.
2011
• Whatcom County Jail Planning
Task Force forms.
2014
• LaBounty Road property in
Ferndale is purchased.
2017
• Vera Institute of Justice report is
completed.
• Second sales tax measure to fund
construction of new jail facility fails.
2019
• County Council adopts Public Health, Safety
& Justice Facility Planning Principles.
• LEAD Program is established.
• Stakeholder Advisory Committee (SAC) is
formed.
2021
• Crisis Stabilization Center opens,
since re-named the Anne Deacon
Center for Hope.
1983
• Whatcom County jail completed.
·1999
• Whatcom County's first specialized court.
the Drug Court, is established.
• 0.1% sales tax increase enacted by County
Council for criminal legal purposes.
2006
• Voters approve 0.1% sales tax measure
for new jail and work center.
2013
• Community Paramedic Program is
created.
2015
• Incarceration Prevention and Reduction
Task Force (IPRTF) forms.
• Ballot measure for new 521-bed jail fails.
2018
• Listening sessions held across
Whatcom County.
• GRACE Program launches.
2021-22
• COVID-19 pandemic creates new
criminal legal system challenges and
delays 1st meeting of SAC for 2 years.
2022
• SAC convenes and begins work on Justice
Project needs assessment.
B!G~rn BUl BETirn
The Whatcom County Comprehensive Law and Justice Planning Project report estimated capacity
needs for a new jail but also recommended additional ways to reduce the size of the jail population.
These included:
e Citing and releasing all traffic and non-misdemeanant arrests.
e Pretrial release for some offenders.
e Alternatives to incarceration for felons who had served two-thirds of their sentence.
Despite the report's focus on incarceration prevention, diversion, and alternatives, the
recommended size for a new jail was quite large. Based on population growth, incarceration rates,
and length of stay at the time, the report projected that 560 adult beds would be needed by 2070.
This included 750 maximum-security beds, 720 work release beds, and 290 minimum-to medium-
security beds. By 2020, the report estimated a need for over 700 adult beds. The report also
recommended that additional spaces be created for recreational and rehabilitation programs. These
spaces would be especially helpful in treating those with substance use and mental health
challenges.
The call for expanded services in the jail led to the expansion of the Law and Justice Council. It
was soon reformed to include the staff of local behavioral health treatment providers. Improved
services would need to be a key piece of
the incarceration reduction puzzle.
Whatcom County's Drug Court (now
renamed the "Recovery Court") was also
established at about the same time, in
1999.
WHATCOM COUNTY
By around 2005, the minimum-security
facility recommended by the
Comprehensive Law and Justice Planning
Project report was under construction. It
was funded by a 0.1% voter-approved sales
tax passed in 2004.11
Special Election .. Proposition No. 1
JAIL FACILITIES SALES ANO USE TAX
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023
•
REJECTED· •
27
Funding was directed to "costs associated with financing, design, acquisition, construction,
equipping, operating, maintaining, remodeling, repairing, re-equipping, and improvement of jail
facilities that house inmates being held, charged, or convicted of misdemeanor or felony acts."12
This included construction of a new jail and a minimum-security Work Center.73
The Work Center was intended to be a temporary
facility while the County planned for a new jail. It
opened its doors in 2006. Although the sales tax
revenues provided some funding for a new jail,
operational costs and jail repairs authorized by the
ballot measure resulted in insufficient remaining
funds to pay for the costs of designing and
constructing a new jail.
HOW HAS THE COUNTY SPENT THE EXISTING 1110TH SALES TAX?
Between 2005-2021. the County Administration and Council have used those dollars as follows:
MINIMUM SECURITY
JAIL FUNDING,
$2.3 MILLION
JAIL CONTROLS
DEBT SERVICE
$2.6 MILLION
NEW JAIL
PROJECT FUNDING,
$2.8 MILLION
CITY JAIL CREDIT,
$6.1 MILLION
0------<0
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023
MINIMUM SECURITY
IN-CUSTODY OPS,
$30 MILLION
ALTERNATIVE
CORRECTIONS
OPERATIONS,
$20.3 MILLION
28
Calls for a new jail escalated as the number of people within
the jail continued to grow. The jail regularly had a population
of 280 to 300, hitting a high of 320 in 2010. The new Interim
Work Center held about 750 people.
The iail regularly hM a population
of 280to 300, hitting a high Of 320
in 2mo. me new Interim Work
center held about 150 people.
In 2011, the Whatcom County Council approved a resolution
creating a Jail Planning Task Force.14 The group was responsible for:
• Recommending the size, location, and funding options for a new jail.
• Determining the effects of incarceration alternatives and diversion programs on the jail
population.
~ Planning a behavioral health triage center to reduce incarceration of those with mental health
challenges.
Ultimately, the work of this group led to County Council approval of a formal jail planning process.
The County hired jail planners and soon purchased an approximately 40-acre property on
La Bounty Road in Ferndale, which met site selection criteria identified by the Jail Planning Task
Force,15 as the intended site of a new jail. A 0.2% sales tax increase measure was placed on the
November 2015 ballot to fund the new 527-bed jail. The new facility would be designed to eventually
add another 728 beds to meet future capacity needs.
Concerns about the size of the proposed new facility were soon raised. Some local officials and
community members called for any new jail funding to be linked to efforts to prevent and reduce
incarceration. These might include probation reforms, expansion of electronic home monitoring,
crisis intervention services, and intensive case management.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 29
In response to these demands, the Whatcom County
Council established the Incarceration Prevention and
Reduction Task Force (IPRTF}.16 Thirty community
stakeholders were named to the IPRTF. The IPRTF would
soon take on the dual role of serving as the County's Law
and Justice Council.17 It was assigned the tasks of:
ii Reviewing best practices to make recommendations
that would safely and effectively reduce incarceration.
ii Identifying alternatives to incarceration for those
living with behavioral health challenges and pretrial
defendants who could be released safely.
ii Planning for a new and expanded crisis stabilization
center to replace the existing Whatcom County
Triage Center.
Despite these initial commitments to a new approach to
public safety, voters rejected the 0.2% sales tax ballot
measure in November 2015 by a 51-49 margin.
The Triage Center becarne fully
ope1-ational in 2008. L_ocated in
the lrongate District of
13ellingham, it provided a resource
for those volunta1-ily seeking help
in a mental health or substance
use crisis. 13ecause of space
availability, it only provided l3
beds for mental health care and
substance use withdrawal
management, or "detox."
was insufficient to provide
needed medical services.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 30
•Al!ONS FOR A PATH fORWAR •
Following the ballot measure's defeat, Whatcom County, with the IPRTF, contracted with The
Vera Institute of Justice. The Vera Institute, which works on criminal legal reform nationally, was
hired to conduct an analysis of Whatcom County's jail population and recommend reforms to
reduce incarceration rates, while protecting public safety.
The Vera Institute report18 made several recommendations, including:
• Reforms in warrant processing.
• Risk-based assessment of pretrial defendants as an alternative to bail.
• Changes to improve the processing of cases through the court system.
• Diversion of many individuals with mental health and substance use issues from jail.
The report also noted that incarceration rates of Native American, Black, and Hispanic people in
Whatcom County were disproportionately high. The rate at which these populations were jailed
exceeded their proportion of the population. Additional work was recommended to reduce these
disparities.
The need for either a new jail or extensive renovations to the existing jail, however, remained.
The Whatcom County Council contracted with an architectural design firm, design2 LAST, inc, in
2016. The firm, which specialized in jail construction, conducted a study examining the physical and
operational conditions of each facility. It assessed whether capital improvements at the jail and
Work Center were feasible.
The study found the Work Center to be in good condition, but in need of some improvements, such
as better lighting. The study also determined that, as both the Work Center and the jail were built
prior to the passage of the Americans with Disabilities Act (ADA}, there were a number of areas
where accessibility guidelines were not being met.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 31
The jail, however,
haa significant
deticiencies. The stuay
founa that it not 0111v
failM to meet cmrnnt
seismic building codes,
but it also had:
l
2.
3.
4.
5.
6.
7..
8.
Significant heating and plumbing problems.
Limited sight lines that increased safety risks.
A lack of ADA accessibility.
An exposed medical area that violated patient privacy requirements.
Poor lighting.
Failing locks.
No smoke evacuation system, in violation of code requirements.
An unprotected natural gas line at the building's entrance.
The architectural firm found 78 significant building deficiencies, recognized that the existing jail did
not provide a safe and secure environment for staff, incarcerated people, and visitors, and strongly
recommended that a new jail be designed and constructed. The report stated that several
architectural firms, the National Institute of Corrections, and the Whatcom County Law and Justice
Council had all come to the same conclusion.19
The Whatcom County Council held a public hearing in June 2077 to gather citizen input on the size
of a new jail. Speakers at the public hearing expressed concerns about the lack of a needs
assessment to inform the jail planning process. They also questioned the size and location of the
proposed facility. Some argued that new jail construction should not move forward without
addressing the findings of The Vera Institute report.
In response, Whatcom County Council members cited concerns about the condition of the jail. Its
condition endangered the safety of those living and working within it .. Significant investments had
already been made in the LaBounty Road property in Ferndale, including the purchase of the
property for approximately $6 million and about $7.6 million for jail planning and design services.20 In
addition, members noted that local government had limited control over laws and policies passed at
the state or federal levels that put people in jail. They were required to enforce such laws and
policies regardless of impacts on the local jail population.
The Whatcom County Council pressed forward. The following month, a second ballot measure for
a 0.2% sales tax increase to fund the construction, operation, and maintenance of a new jail was
approved to be placed on the ballot. In November 2017, Whatcom County voters again rejected
the ballot measure to fund a new jail by an even wider margin of 59-41.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 32
AN APPROACH
After the second ballot measure was defeated, a new approach was undertaken to better align the
investment of public dollars into a system that met the needs and concerns of all community
members.
Listening Sessions
In 2018, the Whatcom County Council hosted a Criminal Justice and Public Safety Committee
Listening Tour.27 Seven two-hour listening sessions were held between April and June 2078
throughout the county. An unduplicated total of 115 Whatcom County residents provided verbal
public comment and/or oral or written feedback at the Listening Sessions. An additional 693 people
provided written input in a community survey.
Listening session participants were asked about their concerns regarding the ballot proposal and
their hopes and expectations for future actions. Findings of the listening sessions included:
* Participants voiced a clear preference for criminal legal reform measures and incarceration
prevention and reduction.
<1t Respondents felt that the proposed site of a new jail in Ferndale was too big, too expensive, and
in the wrong location.
* The 2077 ballot measure was too much like the 2075 proposal and lacked a needs assessment.
New /ncarcerotion Prevention ond /~eduction Progrorns
Several programs were developed to serve those at risk of being incarcerated.22 Some of these
programs are now managed by Whatcom County Health Department's new Response Systems
Division, which was formally established in 2022. Programs include:
• The Community Paramedic Program. It was established in 2073 with the following goals:
o Reduce non-emergency 911 calls to Emergency Medical Services (EMS).
o Connect those who make frequent non-emergency 911 calls to medical, mental health,
substance use, and housing services in the community.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 33
9 The Ground-level Response and Coordinated Engagement (GRACE) Program. This program
started in 2078. GRACE Intensive Case Managers work closely with First Responder partners.
GRACE Intensive Case Managers are paired with Community Paramedics in Bellingham and
Ferndale and are also co-located at the Bellingham Police Department. They focus their work on
those who cycle through the healthcare, criminal legal, emergency shelter, and emergency
response systems. The intent of the GRACE Program is to stabilize participants, address the root
causes of the problems they face, and reduce their involvement with these systems. The goals of
GRACE are increased public safety, reductions in the use and costs of emergency and criminal
legal services, and improved health and well-being for individuals with complex needs.
9 The Law Enforcement Assisted Diversion (LEAD) Program. Based on a Seattle model, the
program launched in 2079. The LEAD Program connects people with a history of chronic, low-
level law violations stemming from substance use, mental health challenges, or extreme poverty
to needed services. The LEAD program offers people a path out of the criminal legal system and
through intensive case management. The program's goals are to increase community safety,
address racial disparities in the criminal legal system, and improve the health and well~being of
program participants.
9 The Mobile Crisis Outreach Team (MCOT). MCOT is a community-based outreach team with the
ability to respond to and provide crisis services in the community (e.g., homes, schools, shelters).
The program, developed and operated by Compass Health, serves people experiencing a
behavioral health crisis, offering short-term crisis intervention and prevention services. MCOT
consists of a team of behavioral health professionals who provide urgent community response
(usually within two hours), short-term care planning services, community outreach, and
Involuntary Treatment Act services through Designated Crisis Responders (DCRs).
9 The Alternative Response Team (ART). ART began serving Bellingham residents in January
2023. ART provides a mobile alternative response, instead of a police officer, to non-violent
behavioral health 977 calls. A behavioral health specialist paired with a public health nurse aid
people in crisis, whether it be a mental health or substance use crisis or an inability to care for
themselves in the moment of crisis. ART coordinates with other crisis services and outreach
teams and focuses on enhancing community safety through strengthened partnerships
between first responders and community services.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 34
iii The Whatcom County Co-Responder Pilot Program. Anticipated to launch in early 2023, this
pilot program is a partnership of the Whatcom County Health Department and the Whatcom
County Sheriffs Office. They will work in close coordination to provide a behavioral health
specialist response with law enforcement, when appropriate.
Community Intervention, Re-entry, and Restorative Justice Programs
The Restorative Community Coalition was formed in 2006
as the Whatcom County ReEntry Coalition -a non-profit
providing re-entry services for individuals who have been
incarcerated, and support for families impacted by
incarceration. Additional programs include prevention,
intervention, reconciliation, peer support, and court
navigation services. This grassroots organization advocates
for the perspective that, when working with non-violent
offenders, community-based intervention as early as
possible is the most beneficial and cost-effective approach.
Re-Assessing Facility Needs
While progress was being made in incarceration prevention,
diversion, and alternatives, there was still a need to find a
solution to the long-standing problems at the existing jail
facility. Between 2071 and 2021, Whatcom County spent over
$9 million on needed repairs and maintenance for life safety
issues at the existing jail. Estimates for future maintenance
of the facility over the next 20 years are as high as $27
million. However, this maintenance work would not provide
any additional space for medical, booking, or supportive
services for incarcerated people.23
The jail has been repeatedly remodeled to increase bed
$9 MILLION
13etween 20ll and 2027, needed
repairs a11d mair1tena11ce
expenses at the Whatcor,1
County ]ail have cost ove1· $9
million.
$2.4 MILUON
Jail cont1·ols and fire al,:im1s
$4.7 MilLUON
Jail dE-?1:ention doors and
hardware and fire c1lam1
$"1.1 MilLUON
design21_AST, inc Building
Assessment studies, cost
assessments, and oversi~Jht of
various projects
$'1.2 MilLUON
Va1·ious repairs (e.g., jail
courtroom, fencing, sprinkle1·
system, ca1,1e1·as, commissary
space, concfonser/compressor,
locks, elevators, cell repair)
space. Jail remodels have carved space out of operational areas to add beds, which has reduced
service capacity. As noted in the design2 LAST, inc report, there is currently limited available space
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 35
for confidential services, including the ability to receive medical services in compliance with the
Health Insurance Portability and Accountability Act (HIPAA).24
Other efforts to address jail overcrowding have involved sending some people who are awaiting trial
to jails in other counties, including as far away as Yakima County. Sending people to other counties
is difficult for families and reduces access to services and legal representation.
Whatcom County Council Establishes Guiding Principles
In 2019, Council unanimously approved a set of public health, safety, and justice facility
planning principles.25 The principles updated a resolution first adopted in 2076. They emphasized
the need to take a comprehensive look at the programmatic, service, and facility needs that would
result in a jail that is safe, along with incarceration prevention, diversion, and alternative services to
limit the size of the jail population.
The Council's Criminal Justice and Public Safety Committee approved a Needs Assessment
process in 2019.26 A Stakeholder Advisory Committee comprised of 38 members was formed and
charged with creating a Public Health, Safety, and Justice Facility Needs Assessment. In early
2020, a consultant was hired to lead the Needs Assessment process.
PROGRESS INTERRUPlED
And then came COVID-19. The Needs Assessment was paused, although the work of the IPRTF
continued. Construction of the Anne Deacon Center for Hope, the new, expanded crisis stabilization
center that replaced the previous Triage Center, also got underway. With funding from the state, the
North Sound Behavioral Health Administrative Services Organization, and the Whatcom County
Behavioral Health Fund 27, the new facility was completed and opened in January 2027. It provides 76
beds for mental health stabilization and 16 substance use withdrawal management service beds.
In the fall of 2021, the Stakeholder Advisory Committee process resumed. A new, local consultant
team was hired to facilitate the planning process. The Stakeholder Advisory Committee's first
meeting was held on January 20, 2022.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 36
EHorts to Re~uce the Size of the Jan Population
A desire to limit the size of the Whatcom County Jail population has been a recurring theme for
many years. There is a recognition in Whatcom County that any projections for the size of the
future jail population cannot be based solely on
anticipated population growth. The jail needs to be right-
sized to detain those identified as posing a genuine threat to
public safety. In all other cases, incarceration prevention,
diversion, and alternatives can reduce crime, protect public
safety, and avoid costly jail sentences.
This reflects a growing national consensus that too many
Americans are jailed. The U.S. has the highest rate of
incarceration in the world. According to data from The Vera
Institute, Whatcom County's incarceration rate per 700,000
Whatcom County residents tripled between 7970 and 2074.28
Jail as a response to societal ills is hath costly in terms of public expenditures and the impact on
individuals and families. It 'fails to address the root causes of criminal legal system involvement, is a
reactive as opposed to proactive response to crime, and perpetuates racial and socioeconomic
ineQuities.
Through a combination of incarceration alternatives, prevention, and diversion programs,
process improvements, and booking restrictions, Whatcom County's incarceration rate
declined between 2014 and 2021. It fell from 793 per 700,000 to 707 per 700,000.29
The Sheriff's Office has resorted to booking restrictions repeatedly since the jail opened. Due to the
limited space available in the jail, the Sheriff's Office has consistently refrained from booking people
suspected of misdemeanor offenses and some gross misdemeanor offenses. COVID-79 presented
additional challenges in maintaining adequate spacing within the facility. Even with additional
restrictions during the pandemic, limited COVID-79 outbreaks occurred in the jail. Although effective
in controlling the size of the jail population, booking restrictions raise concerns about those who are
not jailed who some community members believe should be.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 37
ON
Much progress has been made over many years to develop alternatives to incarceration. These
include:
!NCARCERAllON REDUCTION
As mentioned earlier, the Community Paramedic, GRACE, LEAD,
and other programs have offered new approaches to
incarceration reduction in recent years. Based on data available
thus far, they have had a positive effect on individual participants.
Between 2078 and June 2022, there have been 502 unduplicated
participants involved in the GRACE and LEAD programs.
• 88% reduction in
bookings (GRACE
program)
• 89% reduction in
bookings (LEAD
program)
• Reduction in EMS
contacts resulting
in reduced costs
Comparing June 2022 booking data (the most recent data available) 24 months pre-and post-
program involvement, the GRACE program has seen a nearly 88% reduction in bookings among
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 38
those actively engaged in the program. Similarly, the LEAD program has seen an 89% reduction
in jail bookings for participants, based on the same measure. However, bookings declined
because of COVID-79 restrictions, so it is difficult to fully assess the relationship between program
data and any effects on the size of the jail population.
These programs have found a strong correlation between continued engagement in services and a
reduction in jail bookings 24 months post-engagement for participants. The LEAD program has also
seen reductions in interactions with law enforcement for program participants.30
There is also a strong correlation with reductions in Emergency Medical Services contacts.
According to 2020 EMS program data, there was a more than 75% cost reduction related to those
individuals who completed these programs. Since a typical response to a call costs $3,000 and a
transport costs another $7,000, the public expenditure savings associated with these kinds of
outcomes are described as substantial. These savings do not include all the other reduced costs
associated with criminal legal system involvement, or a reliance on crisis response systems.31
COURT PROSECUTOR I
Specialized Courts
Whatcom County has developed several specialized courts
that offer an alternative to incarceration. The launch of the
Drug Court, now named Recovery Court, in 1999 was followed
by the creation of a Family Treatment Court in 2002 and a
Mental Health Court in 2075.
Court System Process Improvements
1999: Drug Court
2002: Family Treatment Court
2015: Mental Health Court
In recent years, there have also been improvements undertaken within the several court systems to
reduce a reliance on incarceration. For example, the District Court uses phone calls and text
reminders to reduce instances of "failure to appear" for court proceedings as a case moves
forward. For several years, a Pretrial Processes Work Group (PPWG), directed by Superior Court
judicial officers but including IPRTF members, has been tasked with identifying and implementing
pretrial reforms. Prior to such reforms, Superior Court, unlike District or municipal courts, could use
only a bail amount in releasing a pretrial defendant. At the PPWG's recommendation, a Pretrial
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 39
Services Unit within the Superior Court was created to identify creative monitoring alternatives for
defendants who are released to the community while awaiting trial.
The Superior Court also adopted the Public Safety Assessment, the most carefully researched
and validated pretrial risk assessment tool available. When making a decision to release or detain
the individual, this tool can support judicial decision-making regarding the likelihood an individual
will fail to appear in court or commit a new violent crime.
Implementation of pre-trial reforms was interrupted by the COVID-79 pandemic and the closure of
courts and in-person pretrial services. Recently, the Superior Court has resumed operations, but
there continues to be a large number of cases pending. Following successful implementation of
these reforms in Superior Court, there is the potential to increase adoption of the Public Safety
Assessment in all Whatcom County Courts and expand the capacity of the Pretrial Services Unit.
Prosecutor Process Improvements
In addition to the creation of the LEAD Program, other changes in charging practices by the
Whatcom County Prosecuting Attorney's Office have reduced the risk of incarceration. For example,
driving with a suspended license in the third degree is no longer charged as a stand-alone offense. A
Discovery Specialist has also been hired to expedite the process of providing defendants with the
evidence to be used at trial.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 40
LAW ENFORCEMENT
Within available capacity, the jail books and manages people who are brought to the
jail by local law enforcement. The greater the number of arrests made by the various
local police departments for offenses of all kinds, the greater the demand on the jail.
• The type of crime: More serious crimes usually take longer to process and also
result in longer sentences. In September 2022, approximately 98% of the jail
population was being held (mostly pre-conviction) for a felony offense.32
• Number of charges: If someone has multiple charges in multiple jurisdictions, the
time spent in jail can increase as the person works their way through the system.
This can be true even for a series of minor crimes.
PRE-TRIAL AND HOLDS
Pre-trial: The pretrial population typically is incarcerated because of an inability to
pay for bail. Some individuals may have also failed to appear in the past, resulting in a
higher bail amount, which they cannot pay.
The Vera Institute found pretrial defendants comprised nearly 60% of the jail
population in 2076.33 Currently, an estimated 98% of the jail population is not fully
sentenced and is awaiting trial on any given day.34 Sixty-four percent (64%) of the
respondents to the survey of incarcerated individuals indicated their time in jail
was longer because they were unable to pay bail. With expanded options for pretrial
defendants and/or bail reform, the size of this group could be safely reduced.
Holds: The jail can temporarily hold offenders who are being transferred to other
facilities or jurisdictions. For example, the local jail can hold offenders awaiting
transfer to Washington State Department of Corrections officials or occasionally to
federal authorities. These holds are typically short in duration.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 47
COURTS
The jail holds those who have been
sentenced by a court. The jail also
holds those who are brought in on a
variety of warrants. However, because
of jail capacity challenges, bookings
for warrants are being restricted, and
people are being released back into
the community.
\II Case Processing: There are those
who have extended stays in jail
awaiting processing or evaluation
by other systems.
\II Court backlogs: Processing any
type of case takes more time
when courts lack capacity to try
cases. Typical backlogs became
much worse due to the COVID-79
pandemic and full or partial
closures of the courts. These
backlogs persist and have become
a serious challenge to reducing
thejail population.
Whatcom County's proximity to
the Canadian border can result in
holds of other kinds. Offenders who
re-enter the U.S. and are picked up
on a fugitive warrant, along with
those trying to flee the U.S. into
Canada, have some impacts on the
jail population. Data from 2019
indicated that Whatcom County
had 65 fugitives in custody,
reportedly a fairly large number for
the size of the county. These are
either people detained at the
border or extradited to the U.S. It
can take up to 90 days to transport
the individuals to the appropriate
jurisdiction.
There are also those with in-state
warrants who live outside of
Whatcom County and are detained
at the border. They can be similarly
held for a short time in the jail.
Border closures resulting from
COVID-19 paused these patterns,
but they can be reasonably
expected to resume with a return to
pre-CO VI D levels of border traffic. 35
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 42
EXTERNAL SYSTEMS
Whatcom County's criminal legal system is impacted by external systems that
include assessments, evaluations, and/or service provision by other systems. For
example, people are getting stuck in jail waiting on competency evaluation. In order
to be determined competent to stand trial, there is an evaluation process, followed in
many cases by a competency restoration process. This requires that someone receive
services, which can include psychotropic medications, sufficient to bring them to a
level of competency that enables them to participate in their pending trial. That
typically requires a wait for a bed at Western State Hospital. Wait times can extend
up to six to seven months.36 While the evaluation process happens fairly quickly, the
competency restoration process has caused significant delays.
Once someone is deemed competent, they are returned to jail to stand trial. Back in
jail awaiting trial, however, they are then able to refuse to take the medications that
led to the determination of competency. People often decompensate in jail and then
have to start the whole process over again. As of mid-November 2022, 23 people in
the Whatcom County Jail (7.6% of the average daily jail population) were waiting for
competency restoration services.37
Similarly, sex offenders can spend up to 60 days in jail prior to sentencing as they
await the results of Pre-Sentence Investigation reports. In June 2022, there were 14
convicted sex offenders awaiting evaluations by the Washington State Department
of Corrections.38
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 43
Risk Factors tor Criminal Legal system involvement
Improving outcomes for both those in jail and those at risk of incarceration, while preventing
unnecessary incarceration and reducing crime and recidivism, requires a close look at population
characteristics and needs.
PArHS rn INCARCERAllON
There are several factors that put people at risk of criminal legal involvement. These include:
l. Individual risk factors.
2 .. The passage of laws that criminalize certain actions or behaviors.
3. The ways in which laws are applied.
Individual Risk Factors
Those who are at greatest risk of incarceration often have a personal history of trauma and
adversity. Factors that can increase the risk of criminal legal system involvement include:
@ff> A history of mental health or substance use @ff> Poverty.
disorders. @ff> Being unhoused .
• Childhood trauma and adverse childhood • A history of anti-social behaviors or values
experiences. and other "criminogenic factors."
• Exposure to violence or a history of violent • Friends or family members who were
behavior. previously jailed.
Many of these same factors put people at risk of other life challenges, like poor health and
socioeconomic outcomes.
Legal Landscape
Those who end up in jail are not only there because of individual actions or behaviors but also
because somewhere, at some time, their action or behavior was criminalized. At some level of
government -federal, state, or local the action or behavior was seen as posing such a risk to public
safety that jail was appropriate. These might be serious felonies or lower-level offenses. At the local
level, there is some ability to re-assess the public safety risk determinations made at other levels of
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 44
government, but there are limits to the authority of local officials to change laws defining crimes
and associated sentencing requirements.
The Application of the Law
Besides the legal landscape, there is the application of law through local policies and practices.
Research shows that those who are most at risk of incarceration tend to be poor, people of color,
and those living with behavioral health challenges. The Vera Institute found that:
• Native American and Black people respectively comprised 14% and 7% of the average daily jail
population in 2076. As a percent of the total Whatcom County population in 2076, Native
Americans represented only 4% of the population while Black people made up about 2% of the
population.39
• Native American women were five (5) times more likely to be in the jail than white women.
Among men, Black men were 4.2 times more likely to be incarcerated than white men.
Any public health, safety, and justice system must recognize and account for this.
CHARACTERISTICS OF THE POPULATION
There are as many needs among those involved in the criminal legal system as there are causes of
criminal legal system involvement. Needs include behavioral health, vocational, educational,
housing, and healthcare service needs.
Results from
the survey of
incarcerated
individuals provide
a glimpse into the
lives and experience
o'fthosein
the local iail.
:::z::
c::)
~ ex cc:
L.1..1 c:.::, cc: c::c c:.::,
::z::
c:::::,
I--
cc:
c::::) -cc:
Q..
• 43% lived on the street, in a shelter, or in a car or RV.
• 30% lived with family or friends.
• 41% were unemployed prior to entering jail.
• 36% lost their job upon entering jail.
tit 69% of respondents had received treatment for a substance
use issue.
tit 59% had received mental health services.
• Nearly all respondents (93%) were previously incarcerated.
• 27% were jailed "too many times to count."
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 45
When asked what might have kept them out of jail, the majority
(54%) said a stable home. More than 40% stated help with mental
health issues, substance use disorder treatment, a stable income,
and/or a stronger support network.40
Behavioral health conditions are among the most common
challenges faced by those within the jail population. On average,
When asked wnat might
11a11e kept them out of iail,
the majority [540/ol said a
staale home.
there are approximately 3,700 mental health referrals in the Whatcom County Jail each year.41
It is important to recognize that mental illness is seldom the direct cause of incarceration.
Research shows, however, that those with co-occurring disorders -both mental health and
substance use disorders -are at a much greater risk of having behaviors that lead to incarceration.42
A NOH ABOUT CRliVHNOGENrn fACrnRS
Criminogenic factors are those values, behaviors, or characteristics that increase a person's
likelihood of committing a crime. Researchers have identified eight factors that are closely
associated with criminal legal system involvement and recidivism. These are:
ti Anti-social behaviors. ti Substance use disorders.
ti Anti-social beliefs and attitudes.
• Anti-social friends and peers.
ti Low levels of achievement in school and/or
work.
• Anti-social personality patterns. • Unstructured and anti-social leisure time.43
• High-conflict family and intimate
relationships.
Criminogenic factors typically are deep-seated and hard for adults to change. Having more
community-based mental health services available may not be sufficient for preventing criminal
behaviors among this population. When they do wind up in jail, there is an opportunity to help
people with criminogenic factors to access intensive services that may help to reduce or resolve
these issues. Addressing their needs may reduce recidivism when these individuals are released
from jail.
Due to the lack of available resources for assessment of this population and their needs, the number
of those in the Whatcom County Jail with these criminogenic factors is unknown.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 46
The primary responsibility of the SAC was to identify needs and recommendations for incarceration
facilities and behavioral health services. Through the course of learning about the criminal legal
system, however, it became clear that areas of common agreement needed to be articulated at a more
fundamental level about the vision, values, and goals for Whatcom County's criminal legal system.
Guided by the public health, safety, and justice facility planning principles identified in the 2079
Whatcom County Council resolution and taking into consideration feedback generated through the
public engagement process, a SAC subcommittee worked over several sessions to develop the
following Vision, Values, and Goals statements for Whatcom County's criminal legal system now and
into the future.
VISION
The vision presents the big picture of what we envision for our community. The vision is not limited
by what is currently true but describes the ideal state towards which we aspire.
Whatcom County will uphold and promote community safety, health, and justice. To
accomplish this, we will reduce crime and reduce incarceration through early interventions
and long-term investments in people and programs that support prevention, restoration,
and accountability in the community and within the criminal legal system.
Prevention: We will invest in children and families and address social, educational, economic,
and racial disparities that are known risk factors for involvement with the criminal legal system
and can read to incarceration and re-incarceration.
Restoration: We will devote sufficient resources to a variety of evidence-based behavioral health,
housing, and re-entry support services that will reduce crime and minimize future interactions
with the criminal legal and crisis systems.
Accountability: To protect public safety and hold people accountable for their crimes, it is
necessary for Whatcom County to operate a well-equipped, well-maintained, humane, and
adequately staffed jail. For lower-risk offenders, we will utilize a range of alternatives to
incarceration that also require personal accountability.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 47
VALUES
Values are the core principles that guide decision-making and investments of time and resources.
l Protect and promote the public health, safety, and rights of all people within Whatcom County.
Prioritize timely and early interventions.
Practice wise stewardship of public resources by using evidence-based decision-making, and
evaluating if current programs, interventions, and processes are working as intended.
Facilitate public engagement in transparent decision-making processes that reflect community
priorities.
Ensure systems, services, and facilities are adaptable to changing circumstances and needs.
Openly and actively address inequities and discrimination.
Respect the dignity, human rights, and civil rights of all parties involved in the criminal legal
system.
GOAlS
The goals statements describe what we hope to accomplish. They are divided into three categories:
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 48
1. Policies are identified and changed to strategically address system gaps and achieve intended
outcomes, such as reducing the jail population.
2. Low-risk offenders are safely and effectively diverted from a Whatcom County Jail sentence and
provided with support to help them succeed.
3. People are assured speedy and fair resolution of legal issues to reduce unnecessarily long jail
stays and hasten restoration.
4. Racial disparities in incarceration are assessed and addressed.
5. Reliable data are consistently gathered from across the criminal legal system and monitored to
evaluate system performance.
1. Coordinated services and programs effectively close the gaps between community, legal, and
jail-based services at all points of contact in the criminal legal system.
2. Sufficient funding, staffing, and resources ensure adequate service capacity at all points of
contact in the criminal legal system.
3. People working within and alongside our criminal legal system (e.g., legal counsel,jail staff,
providers, advocates, navigators) are valued, fairly paid, and representative of the members of
our community.
4. Planning for community re-entry begins upon booking into the jail to lay the foundation for a
successful transition from jail to community.
5. People released from jail have timely access to behavioral health and medical care, housing,
employment, and support systems, according to their re-entry plan and prioritized in
accordance with evidence-based approaches to reduce re-incarceration.
6. Community and jail-based services (e.g., treatment and peer support for mental health and
substance use disorders, affordable supportive housing) support healing, and make measurable
differences in reducing crimes of poverty and repeat offenses.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 49
1. Facilities are designed and operated to meet the health, safety, and welfare needs of those
incarcerated and the people who work and visit there.
2. Facilities are designed to be versatile to adapt to changing needs.
3. Incarceration facilities balance compassion with accountability to promote safety, health,
rehabilitation, and recovery.
4. Facilities for community-based services are well-located, accessible, and adequately supported
to prevent and reduce crime.
5. Facilities adequately serve the whole county, including cities and tribal jurisdictions.
RECOMMENOAHONS
With the Vision, Values, and Goals in mind, the SAC developed specific recommendations focused
on three interrelated elements of the public health, safety, and justice system:
l Systems
2. Services
3. Facilities
In the following three chapters, con.text is provided for the issues, followed by a chart presenting:
1,, Priority Needs
2. Recommendations to Address the Needs
3. Desired Outcomes
mese priority needs and recommendations are orrere(l DY tlie SAC to the Whatcom county council as
critical and time sensitive .. The longer-range Vision, Values? and Goals are intended to serve as guidance
for the county council and other community decision-mal<ers for many years to come.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 50
The SAC process initially focused on service and facility needs in Whatcom County, but it became
clear that system change is required to address underlying issues and improve how different groups
such as the courts or healthcare providers function and work together. Some needed improvements
will require policy changes at a state or federal level. While these issues may take a long time to
resolve, they must be identified and considered.
D, INADEQUATE SUPPLY
Several systems have long been at capacity, and as the population grows, there is an even
greater demand for some basic services. Whatcom County's affordable housing and
homelessness challenges are well-known. These are difficult under the best of circumstances. Those
at risk of incarceration or exiting jail face additional barriers. Not only can paying for the cost of
housing be daunting, but also housing providers may exclude those with a criminal history from
housing.
Washington's behavioral health system has been Inadequate and underfunded for decades.
There are far more adults and young people needing mental health support than can access care.
Local treatment resources are limited. The shortage of inpatient beds is severe. The substance use
disorder treatment system is similarly stressed. Substance use has been a significant driver of
criminal legal involvement for decades, and the opioid and methamphetamine epidemics have
made matters worse. Although access to local treatment is limited, some regional treatment
availability exists.
ACCESS BARRiEHS
Before the Affordable Care Act (ACA) was enacted in 2070, health insurance coverage was a
significant barrier to pre-and post-incarceration healthcare. Because of the ACA, many more people
now have health insurance coverage. However, gaps remain. Today, an estimated 8% of Whatcom
County residents lack health insurance.44 Those whose immigration status is undocumented, for
example, are ineligible for ACA coverage.
In addition, when a person enters jail, their Medicaid health insurance coverage is suspended.
When they are released, delays of up to three days sometimes occur in getting their coverage
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 51
reinstated. Sometimes, the sudden release of an individual from jail makes a coordinated re-entry
process more difficult. When coverage is interrupted, behavioral health or other healthcare
treatments may not be quickly transitioned to a community provider, which can destabilize the
person being released.
AND POUCI
Actions taken at the federal and state levels affect local incarceration rates and service
delivery. This includes the criminalization -or decriminalization -of some behaviors and actions
that can affect local incarceration, prevention, and diversion resources. For example, the 2027 Blake
decision by the Washington State Supreme Court effectively decriminalized simple drug possession.
This had the effect of reducing arrests in such cases. Subsequently, the Washington State
Legislature enacted legislation to re-criminalize drug possession as a misdemeanor offense, with
some provisions for diversion to services instead of incarceration.
Actions that can affect local incarceration rates also include changes in sentencing. Washington's
7987 Sentencing Reform Act, for example, caused some who would have previously been sentenced
to state prison terms to be jailed in the County system instead. This increased demands on local
systems.
There are also some laws that, despite their merits, pose challenges to coordination between
systems to address the needs of individuals. One example is the Health Insurance Portability and
Accountability Act (HIPAA), a law passed in 7996 which protects the privacy of everyone's healthcare
records. Though beneficial in many ways, the confidentiality protections of the act make it
challenging for service providers in different systems to work together, since they need a client or
patient's permission to talk to each other. It is not impossible to coordinate care,just more difficult
and often more time consuming.
Other policies present challenges in managing the healthcare needs of incarcerated
people. Those incarcerated in the Whatcom County Jail routinely require treatment for
communicable diseases, long-term effects of drug and alcohol use, untreated chronic health
conditions, and significant dental disease. They are often unable or unwilling to take medications.
Except under very rare circumstances, jails do not have the ability to involuntarily administer
medications, and those in the jail may or may not be willing or able to seek treatment voluntarily.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 52
500
450
400
350
300
250
200
150
100
50
0
206
165 169
144
127
118
\.l) i:--co 0) 0 ai (X) co co co (j\ 0) g! 0) 0) 0) g! ~ ~ ~ ~
AVERAGE DAILY POPULATION NUMBERS
WHATCOM COUNTY JAIL 1986-2022
428432434
403 402
384
372
274
2632562 263
245 53 248
235 239 236 239
223 221 227
N I") st LI) \.l) i:--0) 0 5 N I") st LI) \.l) i:--co 0) 0 .... N I")
0) (j\ 0) 0) 0) 0) 0) 0 0 0 0 0 0 0 0 0 0 5 0 0 0 ~ g! (j\ g! g! g! 0) 0 0 0 0 0 0 0 0 0 N
~ ~ N N N N N N N N N N N N N
403
358
339
320 314
304
222
~ LI) \.l) i:--co 0) 0
5 5 5 0 0 0 N
0 N N N N N N N
Related Dates
1984:
1999:
2006:
2011-12:
2011-12:
2013:
2018:
2019:
2019:
2020:
2021:
2022:
2022:
Implementation of Sentencing Reform Act.
Drug Court established.
Interim Work Center opens.
73% reduction in Involuntary Mental Health beds in Washington State.
Department of Correction ends community supervision of 50,000 offenders in
Washington State.
Repeat DUI offenders required to be booked and held in custody until court date.
GRACE program created.
LEAD program launches.
Progressive booking restrictions implemented.
COVID-19 pandemic declared.
Blake decision ends arrests for simple drug possession.
COVID restrictions relaxed.
ESB 5476 passes recriminalizing drug possession.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 53
323
231
r:i > 0 0
N 6
0
I->-
N
N
0
N
SYSTEM BACKLOGS
Local officials often are at the mercy of systems
outside their control. When system backlogs occur,
length of stay in the Whatcom County Jail can
increase. An example is competency hearings -the
process by which someone is determined to be
competent to stand trial. This determination relies on
an assessment and restoration process that can take
many weeks or months. The path an individual follows
through this process can be filled with detours and
numerous obstacles. This is a statewide problem that
requires state-level action to resolve capacity issues at
Western State Hospital, and policy changes that would
When asked to list one thing they would like
to see change in the criminal legal system,
52% of jail staff survey respondents pointed
to the need for faster resolution of cases.
!I.I would like to see cases resolved
Quicker, rather tlrnn an inmate sit in iail
for months with a million continuations,
tllen f inallY get sentenced on a random
Thursday to 'time served 7 and released 2
h OU rs I ater. 11
-Jail Staff Survey R8Sll01Hlellt
enable development of competency restoration services at the local or regional levels.
The COVID-19 pandemic worsened already existing backlogs in the local court system as well.
Because access to courts was temporarily restricted, long delays in processing cases resulted and
continue to be a challenge. When cases linger pretrial, access to jail alternatives and diversion
programs is similarly delayed.
OPERATWNAL RESOURCES
Efforts to overcome many of these challenges require sustainable funding, adequate staffing,
and appropriate facilities. Securing and maintaining adequate funding for services is always a
challenge. A lack of funding, or unreliable funding, destabilizes systems.
Appropriate facilities are also needed for a properly functioning system. This means space that is
sufficient, thoughtfully designed, available, and accessible.
Hiring and retaining qualified, trained staff is another ongoing challenge. Wages have stagnated
within many service delivery systems for years. The COVID-79 pandemic exacerbated these
challenges. Many providers, particularly within the behavioral health and healthcare systems, left
their jobs due to stress and burnout.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 54
IMPROVEMENTS WHH!N
In addressing systemic challenges, there are steps that can be taken to improve conditions locally.
Such problems may not be resolved, but their negative effects can be reduced. Some involve local
systems, such as data systems and local processes and procedures. Others involve local service
delivery. These are described in the Service Needs Assessment section below.
Racial Inequities
In examining the SAC process through application of the Racial Equity Toolkit, SAC subcommittee
members pointed to a history of racial inequities related to incarceration rates and a lack of trust
among people of color in government and systems. While the SAC's work demonstrated an
understanding of inequities and commitment to change, implementation of the SAC's
recommendations will require more intentional and meaningful participation from Black,
Indigenous, and People of Color {BIPOC) communities. The SAC subcommittee made
recommendations for next steps in this regard. (See Appendix K.)
Another systemic weakness identified by the SAC subcommittee related to data collection. Data
needed to monitor rates of incarceration among the community's BIPOC population are lacking.
Such data will be needed to effectively evaluate improvements in outcomes for BIPOC populations.
Data Systems
It is difficult to make data-driven decisions or evaluate outcomes when working with multiple,
independent data systems. Data limitations across multiple systems are significant. Information
about particular individuals might be recorded in one system, but not others. The data might exist,
but it may be recorded in different ways, making it difficult to make comparisons across data
sources. All of this makes it harder for multiple systems working with the same individual to
coordinate and collaborate.
Data-driven decision-making requires access to and analysis of data from multiple systems,
including:
ti, Law enforcement: Computer Aided Dispatch (CAD), What-Comm, Bellingham Police Long Arm.
ti, Superior Court records.
I! St. Joseph Hospital/Emergency Department: Epic.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 55
• Fire/Emergency Medical Services: Image Trend.
8 GRACE and LEAD programs: Ju Iota
• Jail: Spillman system for jail records and Health Secure for jail medical records.
• Whatcom County Information Technology.
• Tribal data systems.
• Data systems of numerous community-based organizations involved in public safety systems.
Efforts are underway to create a community health information system to resolve some of
these problems. Such a system would incorporate and integrate data across various sources so that
multiple service providers have the data they need when they need it.
Initial Detention and Court 1--fearim;;s
As described earlier, prior to the COVID-19 pandemic, a Pretrial Processes Work Group (PPWG) had
been working to identify and implement pretrial reforms. These include the creation of a Pretrial
Services Unit within the Superior Court and use of a Public Safety Assessment tool. The intent of
these efforts was to create new options for monitoring defendants awaiting trial.
The COVID-19 pandemic interrupted this work. As court operations resume and local court system
backlogs are addressed, there is an opportunity to resume these efforts. There are also opportunities
to consider bail practices and options for monitoring in lieu of bail, in adherence with legal
requirements.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 56
SYSTEMS NErnS, RECOMMENDAl!O & DESIRED OUTCOMES
The SAC identified high priority needs for systems changes and recommendations to address those
needs, as presented in the chart below:
# NEEDS
Al. Need: Increase
access to inpatient
and outpatient
competency
restoration services
for people
evaluated as
needing these
services.
A2. Need: Reduce the
amount of time
people spend in jail
before trial or other
case resolution.
RECOMMENDATIONS
Rec 1: Work with regional partners
to identify needed systems changes
(policies, funding, and programs) to
increase access to inpatient
competency restoration.
Rec 2: Explore and develop
outpatient competency restoration
services.
Recommendation: Whatcom
County courts should promote the
timely resolution of cases with a
goal of matching average case
resolution times in other counties
and/or the state. To accomplish this,
our courts should:
• Screen cases for their level of
complexity and allocate time,
provide court resources, and
schedule proceedings
accordingly.
• Limit continuances as much as
feasible.
• Regularly monitor relevant
performance measures and
make data available to
stakeholders and the public.
DESIRED OUTCOMES
t Access to inpatient
competency restoration
services.
.J... Pretrial time in jail for
individuals needing
competency restoration
services.
t Access to competency
restoration services.
.J... Pretrial time in jail for
individuals needing
competency restoration
services .
.J... Pretrial time in jail.
.J... Case resolution time.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 57
# NEEDS RECOMMENDATIONS
A3. Need: Reduce the Rec 1: Provide a range of pretrial
number of people release and monitoring options in
detained in jail lieu of bail (adhering to Court Rule
before trial or other CrR 3.2). 45
case resolution.
A4. Need: Address the
disproportionate
incarceration of
BIPOC individuals.
Rec 2: Analyze as quickly as possible
the Superior Court's current use of
an evidence-based, statistically valid,
pretrial risk assessment in making
pretrial release decisions, with the
goal of determining whether its use
is effective in lessening pretrial
incarceration and reducing or
eliminating racial disparities while
still protecting public safety.
Rec 1: Conduct analysis of root
causes where disproportionality and
disparities arise and develop
targeted strategies to measurably
improve proportionality of
incarcerated BIPOC individuals.
Rec 2: Ensure that all county law
enforcement employees, jail staff,
and staff in all court systems
maintain data systems adequate to
identify where potential bias and
racial disparities may be occurring.
DESIRED OUTCOMES
,1.. # of people held in jail
because they can't afford
bail.
,1.. Pretrial time in jail for people
who can safely be monitored
in the community as they
await trial.
,1.. Racial disparities and
disproportionalities in
incarceration.
,1.. # of people held in jail
because they can't afford
bail.
-1,. Pretrial time in jail for people
who can safely be monitored
in the community as they
await trial.
,1.. Racial disparities and
disproportionalities in
incarceration.
,1.. Racial disparities and
disproportionalities in
incarceration.
,1.. Racial disparities and
disproportionalities in
incarceration.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 58
# NEEDS RECOMMENDATIONS DESIRED OUTCOMES
Rec 3: Include detailed data and -I, Racial disparities and
analysis regarding racial makeup of disproportionalities in
incarcerated individuals in a incarceration.
standing system information report
that is reviewed no less than
quarterly by senior management,
and made publicly available
(without identifying information).
Rec. 4: Take prompt effective -I, Racial disparities and
actions.to correct disparities when disproportionalities in
they are identified. incarceration.
AS. Need: More direct Recommendation: Implement t Confidence that decisions
involvement of strategies to meaningfully include about criminal legal system
BIPOC BIPOC communities, victims of policies and practices are
communities, crime, and people with lived informed by those who are
victims of crime, experience in the development of most affected.
and people with plans and monitoring of progress.
lived experience
with incarceration
(personal or family
member) in
decision-making
about policies and
practices in the
criminal legal
system.
A6. Need: System for Recommendation: Build a data t Ability to track and
collecting system for collecting consistent coordinate service utilization
consistent data data from all intercept points. and outcomes for individuals
from all intercept interacting with the criminal
points in the legal system and behavioral
criminal, legal, and health services.
behavioral health t Availability of data needed
systems. for policy work and funding
requests.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 59
# NEEDS
A7. Need: Data
dashboard to track
trends in criminal
legal system, racial
disparities in the
system, and
incarceration
prevention &
reduction efforts.
RECOMMENDATIONS
Recommendation: Build a data
dashboard to track and publicly
present trends and outcomes of
criminal legal system changes,
efforts to address racial disparities in
the system, and efficacy of
incarceration prevention and
reduction work.
DESIRED OUTCOMES
t Public access to data for
transparency and
accountability.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 60
services Needs Assessment
A FRAMEWORK fmq ADDRESSING SERVICE NEEDS
A coordinated continuum of services is needed both pre-and post-incarceration for those at-
risk of or currently experiencing criminal legal system involvement. Services both inside and
outside the jail need to provide an appropriate level of care according to health and safety
guidelines, with timely interventions and coordinated hand-offs between system providers. This
requires that service systems not only exist but also have adequate capacity to meet the need.
There is broad consensus about the need for increased behavioral health service capacity.
• The survey of incarcerated individuals found that 87% of respondents thought mental health
services in jail or in the community were important or extremely important, and 83% thought the
same regarding substance use services.
• Similarly, 79% of jail staff survey respondents identified jail-based mental health services as
services that would support success in the community. Sixty-eight percent prioritized jail-based
drug and alcohol treatment.
• Among respondents to the public engagement survey, there was strong agreement regarding
the need for such services. A majority of respondents prioritized services to help connect those
leaving jail with behavioral health treatment and increased service capacity both in the jail and
in the community.
<ii Those interviewed during the public engagement process spoke to the need.for longer-term
treatment options as opposed to short-term interventions.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 61
Interventions need to be tailored to where people are along a continuum of criminal legal
system involvement. This includes:
Those who a re Those who Those who a re
determined to be receive a exiting the
low-risk offenders Whatcom County Whatcom
who can be safely Jail sentence or County Jail to
and effectively who are re-enter
diverted from a temporarily held community life.
Whatcom County in the Whatcom
Jail stay. County Jail,
whether because
of "holds" of
various types or
system backlogs.
OF SERVICE N
Regardless of how someone is involved in the criminal legal
system, their service needs are very similar. A person could be
at risk of incarceration or re-incarceration, in jail, or exiting jail.
They need access to behavioral and physical health care,
housing, edLJcational and vocational programs, and other social
services. That can make the difference between successful
community engagement and a continuing cycle of criminal
legal system involvement.
Community-based services are needed both pre-and post-
incarceration. The jail must also be equipped to address
numerous needs.
POST-
INCARCERATION
Those who have
successfully
transitioned to
community life
but continue to
require various
services to
reduce the risk of
re-offending and
re-incarceration.
The following sections outline the various services associated with the continuum of criminal legal
system involvement.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 62
Mental health and substance use disorders are very common among those involved in the criminal
legal system. Whether these conditions are directly or indirectly linked to a person's risk, the
capacity of local services and programs is not as robust as it needs to be. There is, however, a strong
foundation to build upon.
Prevention and Diversion and Post-Incarceration Populations
Those at risk of being jailed for the first time or returning to jail have similar needs. Both groups
rely on diversion programs or jail alternatives and community-based services to reduce the risk
of criminal legal system involvement and prevent incarceration. The creation of the GRACE,
LEAD, Community Paramedic, and MCOT programs, the new Anne Deacon Center for Hope (Crisis
Stabilization Center), and the Alternative Response Team (ART) have increased the capacity to
respond to behavioral health crises. The Whatcom County Co-Responder Program will add
additional capacity. The Way Station will offer hygiene, medical, and behavioral health services to
those experiencing homelessness and is expected to open in late 2023.
There are also a number of programs working to prevent substance use or reduce harm. These
include medication-assisted treatment for opiate use disorder, school-based interventions, a syringe
services program, and prescription take-back programs.
Despite these efforts, however, the availability of mental health and substance use treatment is
limited and inadequate. Treatment options for opioid addiction have increased, but more are
required. Substance use and mental health assessments can have long waiting lists. Whatcom
County lacks a Sobering Center.
Jai!Bosed Population
In Washington State, jails have become behavioral health treatment centers of last resort. This is
as true in Whatcom County as elsewhere. Jails were never designed to serve this purpose, but in the
absence of adequate community-based behavioral health treatment and in-patient mental health
facilities throughout the state, this is now the case.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 63
A 2016 report estimated that, of adults who had Medicaid health insurance coverage and were
booked into jail statewide:
• Nearly six in 70 (58%) had mental health treatment needs.
• Over six in 70 (67%) had substance use disorder treatment needs.
• About four in 70 (47%) showed signs of having co-occurring disorders.46
The prevalence of people with substance use and co-occurring disorders in the Whatcom County
Jail is likely higher than these statewide figures. Recent 2022 data show that 45% of those booked
had a serious mental illness, and 80% had a substance use disorder. In April 2022, 50% of the
Whatcom County Jail average daily population was prescribed a psychotropic medication.47
Both mental health and substance use disorder treatment services need to be readily available
within the jail. The average jail stay was 24 days as of October 2022, which represents both those
with very short stays for offenses like driving under the influence and
others incarcerated for more serious offenses.48 For many with shorter
jail stays, jail-based behavioral health services are unlikely to resolve
someone's behavioral health challenges. Short-term interventions can,
however, engage and stabilize people. For those with serious mental
illness and longer-term jail stays, more robust jail-based behavioral
health services are needed.
There are not enough
staff to meet the
needs of those witll
serious mental
illness in urn jail.
Currently, jail-based behavioral health services are provided by two mental health professionals, one
re-entry case manager, and one provider with the ability to evaluate health concerns and prescribe
and monitor medications. There are not enough staff to meet the needs of those with serious
mental illness in the jail. It can take several weeks for someone to receive mental health care. There
is not enough space to provide confidential, one-on-one mental health services in the jail.
Limited substance use disorder assessments are provided in the jail, but due to funding sources,
they cannot be used for pretrial defendants. Treatment options are limited. More treatment options
for opioid use disorders are needed, both within the jail and through temporary release to treatment
facilities. There are currently no effective medical treatment options for methamphetamine
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 64
dependence. There are also no in-jail substance use disorder counseling services, due to current
space constraints.
There are a few programs currently in place that could enhance the re-entry system. Lake Whatcom
Residential and Treatment Center's Program for Assertive Community Treatment (PACT), for
example, offers recovery-oriented services. This program specializes in serving people released from
the jail who have severe mental health challenges. Services are available 24 hours a day, seven days
a week.49 It, however, lacks the capacity to meet the scope and range of population needs, with the
capacity to serve only a handful of people each month.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 65
Those at risk of incarceration or currently incarcerated often face significant physical health
challenges. These include the management of chronic conditions that are common within the
general population, such as diabetes or heart disease. But these populations often have greater
vulnerability. Behavioral health conditions can make physical health conditions worse or more
challenging to treat. Physical health can often be neglected when an individual experiences
behavioral health challenges, making chronic conditions more serious.
While people are incarcerated, the jail is legally obligated to provide for their medical care. Jail
Health Program Services are provided by a physician, an ARNP, and a dentist. To properly care for
those in the jail, adequate medical care facilities are needed. The existing jail has limited space for
exams and procedures. According to Whatcom County Jail staff, the jail lost its ability to do basic
dental exams when X-ray equipment failed.
As noted in the design2 LAST, inc report, the jail also does not fully meet Americans with Disabilities
Act (ADA) accessibility requirements.50
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 66
Without housing, it is difficult for anyone to maintain stability.51 It is harder to maintain
employment or pursue education and training. It is much more difficult to manage behavioral and
physical health challenges while experiencing homelessness.
Prevention and Diversion and Post Incarceration Populations
As stated earlier, Whatcom County's struggles with housing availability and affordability are well-
known. There have been some bright spots in recent
years with the creation of the Whatcom Homeless
Services Center, the construction of permanent
supportive housing, the work of the Opportunity
Council's Homeless Outreach Team (HOT), the
expansion of emergency shelter capacity, and the
ongoing work of community service providers to
house individuals and families. A Recovery House
opened in Bellingham in 2021 to provide residential
care for people with substance use disorders, usually
after a stay in inpatient treatment. Recovery House
me survey of incarcerated individuals
found that 93% thought that supportive
110using in the community is important
or extremely important for those leaving
jail. Among jail staff survey
respondents, 61% identified a staole
place to live as a factor that would
prevent people from going to iail.
programs assist people with the adjustment back to community living and into long-term recovery
from alcohol or other substance use disorders.
More is needed. There is simply not enough affordable housing and permanent supportive
housing to meet the need. Permanent supportive housing providers also need access to onsite
clinical behavioral health services and intensive case management to improve the housing stability
of their clients. Clean and sober options and housing for sex offenders need to be expanded.
Additional emergency shelter options and safe storage would be welcomed by many. To the degree
that the housing continuum can address the multiple and varied needs of the population,
stabilization can be increased and incarceration risk reduced.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 67
ReEntry Popu!otion
Where someone goes after leaving the jail -and who picks them up -can have a significant long-
term effect on post-incarceration outcomes. If someone with a history of substance use leaves jail
and returns to an environment of high drug use, the person is much more likely to relapse and end
up back in the criminal legal system. More housing options are needed to ensure those exiting
jail have the best chance for successful community re-entry.
Expansion of the Housing and Recovery through Peer Services (HARPS) program could help. This
program helps people who are getting out of treatment programs to be housed in the community.
Expanding the availability of rental assistance to people with behavioral health conditions who are
being released from the jail is needed.
Reinstating The Housing Lab in Jail program could also be helpful. This program is operated
through the Whatcom Homeless Service Center. The Housing Lab did good work providing funding
for housing costs and utilities until it was discontinued during the COVID-19 pandemic.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 68
Educational, vocational, and social services can help stabilize those at-risk across the continuum.
These include professional and peer services offered both inside and outside the jail.
Prevention and Diversion and Post-Incarceration Populations
Several community-based services are available to support this
population. These include peer-to-peer programs like 72-Step,
Alcoholics Anonymous (AA), Narcotics Anonymous (NA), and
conflict resolution assistance offered through the Whatcom
Dispute Resolution Center.
Numerous gaps remain, including:
• A need for more comprehensive employment assistance and
support.
• Inadequate treatment services for domestic violence
perpetrators. Domestic violence is a significant and ongoing
88
of incarcerated survey
respondents stated tlrnt
education and iob training
services in iail and in the
community were important
or extremely important.
cause of incarceration that has broad effects on the health and well-being of families and the
community.
• Services to help young people exiting foster care.
• A lack of broad community training in trauma-informed approaches.
Jail-Based Population
The jail currently provides limited community services and support groups to stabilize people while
they are in jail and prepare them for re-entry. These include AA and NA groups, a support group for
survivors of domestic or sexual violence, and faith-based groups. Such services have been limited in
the past couple of years because of COVID-79 health and safety concerns, lack of available meeting
space, and unreliable jail elevator.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 69
What is especially lacking is adequate space and resources to offer educational and vocational
services. While some vocational and literacy training is available, with some bilingual capacity, more
of these services are needed. There is not enough space to provide parenting classes, one-on-one
literacy tutoring, employment counseling (e.g., coaching on
resume writing, interview skills, and job search), and GED
preparation. As a result, those within the jail who are
preparing for re-entry are placed at a disadvantage.
Re-Entry Population
The time during which a person is preparing to be released
from jail is perhaps one of the most precarious. The
success of someone's return to community life largely
depends on the services available in the jail leading up
to release. The degree of coordination between jail staff
and community-based service providers makes a
significant difference too. If services are available and
coordination is strong, including co-located community-
based service providers working in the jail, the chances that
a person will re-offend and return to jail can be minimized.
If that is not the case, a person exiting jail can remain
trapped in a cycle of crisis.
Those exiting jail need help to return to the workplace,
reunite with family, and re-establish relationships. As described above, there is currently no available
space in the Whatcom County Jail to provide job search or vocational preparation services. There are
neither enough staff to consistently make referrals to community-based employment resources and
family supportive services nor enough of these resources and services to meet the needs of those
leaving jail.
Discharge planning needs to be strengthened. These services have been limited by facility
capacity, lack of staffing, and lack of coordination within the criminal legal system. Individuals are
routinely released from jail with no advance notice, leaving the staff that is available with little
opportunity to link those being released to community resources. In the same way that discharge
planning in hospitals begins at admission, adequate discharge planning, as well as dedicated staff to
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 70
coordinate re-entry services, is needed to improve outcomes for those exiting the jail, reduce re-
incarceration, and support a successful return to community life.
Timely reinstatement of benefits, such as Medicaid, and service continuity would be much more
likely if dedicated staff were working to ensure a smooth transition from jail-based to community-
based services. With adequate staff, a system of warm hand-offs and timely referrals from inside the
jail to external partners would create a seamless system of interventions for those exiting the jail and
reduce the chances of re-incarceration.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 71
srnvicrn NErns, ONS, & am! omcoMrn
The specific needs and recommendations related to services are in the following chart.
# NEEDS
Bl. Need: Increased
community
mental health
(MH) and
substance use
disorder (SUD)
treatment
capacity (in-
patient & out-
patient) to
prevent and
reduce
incarceration
and re-
incarceration.
RECOMMENDATIONS
Rec 1: Support additional
positions for MH and SUD
professionals within certified
community behavioral health
agencies to provide:
• Community-based
assessment on demand.
• Jail-based assessment
for individuals that are
completing their
incarceration and
needing MH and/or SUD
treatment (inpatient or
outpatient) as they re-
enter the community.
Rec 2: Utilize SUD professionals
contracted with community
agencies to provide evidence-
based SUD services in the jail
setting and ensure continuity of
care to community-based
treatment upon release.
Rec 3: Create additional
positions for jail re-entry
specialists and navigators to
facilitate care coordination and
ensure a warm handoftto
community service providers,
healthcare/behavioral
healthcare, peer support,
housing, and vocational support.
DESIRED OUTCOMES
t # of incarcerated individuals
admitted to MH &/or SUD treatment
immediately following release.
-I,# of individuals involved with the
criminal legal system/
re-incarcerated primarily due to
untreated mental health &/or SUD.
t # of incarcerated individuals who
receive SUD treatment.
-I,# of individuals re-incarcerated
primarily due to untreated SUD.
t # of incarcerated individuals nearing
release who receive care
coordination planning & support.
-l-# of individuals re-incarcerated.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 72
# NEEDS RECOMMENDATIONS DESIRED OUTCOMES
Rec 4: Increase the number of t # of individuals engaged in
Mental Health Professionals and community behavioral health
Intensive Case Managers services upon release from jail.
contracted th rough community .J, # of individuals re-incarcerated.
agencies to provide services in
the jail and support re-entry
staff in facilitating continuity of
care when incarcerated
individuals are released.
Rec 5: Maximize coordination
among Behavioral Health
Specialists in the Public
Defender's Office, the jail, and
the community, and provide
adequate funding to ensure
seamless services for individuals
involved in the criminal legal
system.
t # of individuals engaged in
community behavioral health
services upon release from jail.
.J, # of individuals re-incarcerated.
B2. Need: Increased Recommendation: Ensure t # of people engaged in
incarceration prevention programs. capacity of stable funding to enable
effective existing expansion of programs that
programs to have proven to be effective in
divert more diverting people from
people from
incarceration
(e.g., GRACE, LEAD,
Mental Health
Court, Drug Court).
incarceration.
.J, Incarceration of people with MH
&/or SUD.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 73
# NEEDS RECOMMENDATIONS DESIRED OUTCOMES
B3. Need: Increased Rec 1: Expand access to PACT t # of individuals with serious mental
capacity of services in the community for illness and other mental disorders
Program for people with severe and receiving PACT services.
Assertive persistent mental illness and J.. # of individuals experiencing
Community other mental disorders (e.g., serious mental illness and other
Treatment (PACT), PTSD, traumatic brain injuries) mental disorders who are
an evidence-to prevent involvement with incarcerated/
based program the criminal legal system. re-incarcerated.
for people with
Rec 2: Increase PACT services t # of incarcerated individuals with
severe and dedicated to incarcerated serious mental illness and other
persistent individuals. Conduct evaluation mental disorders receiving PACT
mental illness for services prior to release and services upon release from jail.
who require
intensive
facilitate immediate entry into J.. # of individuals experiencing
support services
PACT services upon release. serious mental illness and other
(e.g., medication, mental disorders who are re-
case incarcerated.
management) to
function in the
community.
B4. Need: Additional Rec 1: Ensure that recruitment t # of racially/ethnically diverse jail
qualified, & and employment practices in staff.
racia I ly/eth n ica I ly the jail advance diversity, t # of jail staff.
diverse jail staff. equity, and inclusion.
Rec 2: Offer wages and benefits t # of racially/ethnically diverse jail
that will attract qualified staff, staff.
representative of the t # of jail staff.
community's diversity.
BS. Need: Additional Recommendation: Add jail staff t # of jail staff.
corrections to increase incarcerated t # of incarcerated individuals who
officers to escort individuals' access to needed receive needed services.
incarcerated services within and outside the
individuals to jail (e.g., MH/SUD services,
services within medical care, lawyers, court,
and outside the education, vocational training,
jail. peer support).
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 74
Facilities Nee~s Assessment
The SAC's discussion of facility needs largely focused on the
need for a new jail. However, there are many services
needed to fill gaps in the current criminal legal system. It
became clear to the SAC that expanded service capacity will
require community-based facilities as well. The
recommendations below include the full range of facilities
needed to achieve the SAC's vision and goals.
PERSPECTIVES ON THE WHATCOM COUNTY JAIL
1'Morn than any other factor,
including the economy and crime
rates, iaii size is a function of
system policies and practices_,,,
-Vera Institute of Justice, Report to
Whatcom County Stakeholders on Jail
Reduction Strategies
Previous studies have detailed the jail's condition, which has continued to deteriorate.52
There is general agreement among those participating in this Needs Assessment that the jail is
in disrepair. Differences of opinion on whether a new jail facility is warranted persist.
In a September poll of SAC members:
• The majority responded that the jail needs to be replaced (77% definitely, 10% probably), and 83%
felt it was absolutely essential or very important that a new facility have enough space for the
services they consider important.
• Among those who work in the jail, 100% of staff surveyed believe the jail needs to be replaced;
63% of incarcerated respondents surveyed share that perspective.
• The majority of people who completed the public survey prioritized beds for all people
incarcerated in the jail (81%). space and resources to support those with mental and physical
health conditions (80%). updated equipment and building infrastructure that meets safety codes
(77%). and a new jail building to address needed updates (70%).
Although most public survey respondents supported some investment in jail facilities, more detailed
analysis of community perspectives revealed differences based on if respondents feel safe in the
community and if they believe they would be treated fairly within the criminal legal system.
Respondents who do not feel safe and those who trust the fairness of the criminal legal system were
more likely to support jail facility investments. Those who do feel safe and those who believe that
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 75
they would not be treated fairly within the criminal legal system were more likely to prioritize
prevention and re-entry services.
Data collected through the engagement sessions indicated that some participants believe building
a new jail is needed. Others expressed the opinion that a new jail is not warranted, regardless of
current conditions.
NH • FOR NEW iJAll fAC!UlY
Achieving the vision set forth by the SAC for Whatcom County's criminal legal system requires a
facility that protects health and safety and provides those at risk of incarceration the services they
need to avoid a return to jail once released. They will only receive those services if there is sufficient
funding, staffing, and space to support service delivery.
Whatcom County's correctional facilities are currently not up to this task. The Interim Work Center
located on Division Street in Belling ham's lrongate district was intended to be just that-interim. It
was originally constructed to serve temporarily as a minimum-security correctional facility and
intended to eventually be sold with potential conversion to a commercial industrial building or
warehouse. It has, however, been serving as a
minimum-security facility since 2006. It is showing its
age and lacks the features that would make it suitable
for other uses as a correctional facility.
As described in the previous sections of this report, the
existing jail lacks the capacity to meet the needs of
incarcerated people. This includes everything from the
most basic functions, such as laundry, kitchen, and
dining facilities, to enough confidential spaces to
receive behavioral and physical health care, meet with
attorneys, or attend support groups.
The SAC has considered a number of factors related to
the design of a new jail facility.
More than 85% of SAC members felt
it was very important or absolutely
essential that: a new iail facility
11ave adeQuate space to provide::
~ Medical services.
• Mental health services.
• Options for visits (in-person,
p110ne, virtual).
• rreatment for alcohol and/or
drug ad[liction.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 76
JAll fACI CONSIDERATIONS
Size
Previous estimates of needed jail capacity have largely been based on the size of the current jail
population combined with population projections. There has been a roughly equal correlation
between growth in the size of the Whatcom County population and projected growth of the
incarcerated population. Estimates have taken into consideration both the number of beds needed
and space for operations and services.
If alternatives to incarceration are expanded and efforts to reduce recidivism are successful, this
calculation could be expected to change. The jail population may rise at a slower rate than the
projected population growth of the county.
That said, there is no way to account for future legislative changes at the state or federal levels that
might affect incarceration rates. If the factors that put people at higher risk of incarceration are not
addressed, that could affect incarceration rates too. To estimate the current and future capacity
needs of a new jail is, therefore, tricky.
In a September survey of SAC members, 50% felt that a new facility should be big enough to hold
more people as the population expands.
Jail staff and incarcerated individuals surveyed were asked to provide their thoughts on the size of a
prospective new facility. Nearly all jail staff (96%} and 71% of incarcerated respondents believed a
larger jail is needed to relieve overcrowding and provide room for service delivery.
Asked why a new facility should be bigger, incarcerated respondents cited:
(j;jj Overcrowding (34%}.
®} Provide more space for services (19%}.
<Ii Accommodate more offenders (14%).
®} Poor condition of the building (10%}.
~ Increase outdoor recreational space (8%}.
<Ii Separate people with different needs (7%}.
Jail staff responding to a similar question stated the need to address increasing crime rates by
holding people accountable (35%}, provide more space to safely house people (31%). and to provide
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 77
more space for people with mental health issues and staff to support them (27%). One individual
stated that a larger jail was needed because of backlogs in moving the incarcerated population
through the court system.
Those incarcerated survey respondents with a preference for a facility of the same size or smaller
noted that:
e "The goal is rehabilitation, not to make people better criminals."
e The jail needs repair and updating, if not replacement.
e Fewer people would be in the jail if there was more diversion (e.g., bail reform, prevention, and
incarceration alternatives).
Design
One of the challenges of the current jail facility is that the cell layout within the housing units limits
the ability of staff to clearly see and monitor incarcerated people. The obstructed sight lines within
the jail reduce the safety of staff, incarcerated people, and service providers.
Based on these considerations and best practice recommendations for correctional facilities,53
the SAC considered the pros and cons of a horizontal versus a vertical design. A horizontal design
was recommended in an evaluation of the La Bounty Road site in 2070. This was based on
considerations about adaptability of the facility, security of staff and incarcerated people, and
operational costs, considerations which have not changed over time.54
Information gathered as part of this Needs Assessment identified additional desirable design
features:
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 78
Location
In 2073, the La Bounty Road property in Ferndale was purchased as the proposed site of a new jail, as
it was determined to meet the criteria set forth by the 2072 Jail Planning Task Force. Both during the
2075 ballot measure campaign that would have funded construction and in post-election listening
sessions, many Whatcom County residents raised objections to the site. A primary argument was
that it was too far from needed services, the courthouse, and the hospital. It was also not well-served
by public transit, and wetlands mitigation would be needed before construction could start.
Since the defeat of the 2075 ballot measure, alternatives to the La Bounty Road property have been
discussed. As part of this Needs Assessment, the SAC considered a total of three sites currently
owned by the County:
~ The LaBounty Road property in Ferndale.
~ The lrongate District, adjacent to the existing Work Center and the Anne Deacon Center for
Hope {Crisis Stabilization Center).
• The Civic Center, site of the current jail, adjacent to the Whatcom County Courthouse and
Bellingham City Hall.
Each of these sites have pros and cons related to location, costs to develop, and opportunities for the
expansion of services or beds that might be needed in the future.
The SAC is not in a position to fully evaluate the costs and various other considerations associated
with site selection. Further analysis by jail design experts is needed. However, the SAC discussed
their priorities over the course of multiple meetings and completed a poll in October 2022 which
weighed the importance of various criteria. The results indicated that:
• 80% of SAC members considered the cost to develop the property to be important or very
important.
• 73% felt that available adjacent space for future expansion is important or very important.
• 60% of members prioritized a site large enough to build a facility with a horizontal design.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 79
SAC members also rated how important it was that
the jail be located in close proximity to various
services and resources the incarcerated population
needs. Other considerations related to location
include:
• Environmental impacts.
• Distance from schools and high-density
residential areas.
• Compatibility with neighboring uses.
• Aesthetic impact on community character.
co FACHJfY N
Other facility priorities were identified during the
SAC process:
Courthouse 74%
Public Defender's Office 58%
Crisis Stabilization Center 46%
Sheriffs Office 43%
Hospital 41%
Work Center 35%
Freeway Entrance 35%
iii Facilities to enable increased community mental health and substance use disorder treatment.
<Ii Increased capacity across a continuum of supported housing.
Behavioral Health Urgent Care
The Anne Deacon Center for Hope, the new Crisis Stabilization Center, now provides a total of 32
beds for mental health support and substance use withdrawal management as an alternative to
hospitalization or arrest. Adding a facility that is available to the public 24/7 to provide short-term
support (up to 23 hours), such as a· mental health urgent care or a sobering center, has been
suggested to fill an ongoing gap. A regional secure detox facility is another need that has been
discussed.
The North Sound Behavioral Health Administrative Services Organization will soon complete a
behavioral health facilities needs assessment covering the five-county region of northwest
Washington, including Whatcom County. The SAC expects that the results of this report will further
inform local behavioral health facility needs.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 80
Housing Needs
Housing was repeatedly identified throughout SAC discussions as a
factor that promotes stabilization and successful community re-
entry. A shortage of affordable and supportive housing currently
poses a challenge in preventing incarceration and re-incarceration.
A variety of needs were identified in the process of updating the
SIM (Appendix G), and the IPRTF has made additional
recommendations related to supportive housing needs.55
Housing was repeatedly
identified as a factor that
promotes stabilization
and successful
community re-entrv.
These include housing with intensive case management and service availability for those
participating in programs such as LEAD and GRACE, those involved in therapeutic court programs,
or those released from jail.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 Bl
FACllil!ES N RECOMMENDAliONSj & msrnrn OUTCOMES
The following chart draws from the work of the SAC, IPRTF, and the Whatcom County Health
Department to suggest the types of facilities needed to fully respond to Services Needs and
Recommendations listed above.
# NEEDS
Cl. Need: A new jail that is:
• Correctly sized, based
on a fair analysis of
population growth,
along with strategic
investments to avoid
unnecessary
incarcerations.
RECOMMENDATIONS
Rec 1: Build a new jail that
meets as many of the
specified criteria as possible.
Rec 2: Calculate comparative
cost estimates for possible
facility locations before a
specific site is chosen.
DESIRED OUTCOMES
A new jail that meets as
many of the specified criteria
as possible.
Fiscally responsible decision
about jail site.
• Sized and operated to Rec. 3: Select a location for the A new jail located in
assure booking jail with due consideration of proximity to key resources
restrictions in the the comparative importance and services.
county and its cities will assigned to proximity to
not occur.
• Designed to reflect best
practices for safety,
efficiency, and
technology.
• Safe for incarcerated
individuals and those
who work and visit
there.
• Designed with spaces &
equipment to provide
incarcerated individuals
with dignity and needed
services (e.g., dedicated,
confidential behavioral
health treatment space;
visitation spaces;
medical care,
provider /staff
workspace; education &
various resources and services.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 82
# NEEDS
vocational training;
outside spaces).
• Versatile to
accommodate changes
in the population.
• Built to last.
• Easy to maintain.
• Feasible to fund and
build.
• Located near adjacent
land to
purchase/develop if
needed.
• Located in proximity to
resources incarcerated
individuals need (e.g.,
criminal legal resources,
public transportation).
• Easily accessible by all
jurisdictions served.
C2. Need: Facilities to enable
increased community
mental health and
substance use disorder
treatment capacity (in-
patient & out-patient) to
prevent and reduce
incarceration and re-
incarceration.
RECOMMENDATIONS DESIRED OUTCOMES
Rec 1: Explore development of t # of people who receive
24/7 Behavioral Health Urgent short-term behavioral
Care capacity to provide short-
term (23 hours or less) MH and
SUD services.
health services rather than
incarceration.
Rec 2: Research feasibility and t Appropriate facilities for
desirability of building a incarcerated individuals
secure detox facility in the who need SUD treatment.
region for people with SUD
who are considered a risk to
public safety.
Rec 3: Establish a location in
close proximity to the jail from
which re-entry specialists,
behavioral health staff, system
navigators, and peer support
providers can offer re-entry
support.
t # of individuals engaged in
community behavioral
health services upon
release from jail.
-1,. # of individuals re-
i nca rcerated.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 83
# NEEDS RECOMMENDATIONS DESIRED OUTCOMES
Rec 4: Work closely with Well-located facilities,
criminal legal system accessible to service
stakeholders to select providers, those who use
locations for facilities that will services, and their families.
work for employees,
incarcerated individuals,
service providers, and families.
C3. Need: Additional Recommendation: Advocate t Available permanent
permanent supportive for state, federal, and private supportive housing.
housing with on-site clinical funding to expand and t Clinical support and
support and intensive case improve permanent quality of life for
management for people supportive housing with on-currently/previously
with severe and persistent site clinical support and incarcerated individuals
mental illness who are intensive case management and residents of
involved, or at risk of for people with serious mental permanent supportive
involvement, with the illness who are involved, or at housing who have serious
criminal legal system. risk of involvement with the mental illness.
criminal legal system.
-1, Homelessness for people
with serious mental
illness.
-1, Risk of incarceration/
re-incarceration.
C4. Need: Safe, supportive Recommendation: Prevent t Successful completion of
housing for people unstable housing from being a diversion and therapeutic
engaged in diversion and barrier to successful court programs.
therapeutic court programs engagement with diversion -1, Homelessness for people
(e.g., GRACE and LEAD, Drug and therapeutic court with MH &/or SUD.
Court, Mental Health Court). programs.
-1, Risk of incarceration/
re-incarceration.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 84
on
Throughout this Needs Assessment, the SAC examined and made recommendations for the
systems, services, and facility improvements currently needed to improve public health and safety
within Whatcom County's criminal legal system. The Vision, Values, and Goals developed by the SAC
complement this work. Together, they can inform future decision making.
In conducting its assessment, the SAC benefited from the expertise of subject matter experts and
Incarceration Prevention and Reduction Task Force members. Its work was also informed by a
public engagement process involving surveys of jail staff and incarcerated individuals, an online
public survey, a Town Hall, and interviews and listening sessions with members of the immigrant,
tribal, and previously incarcerated communities.
It has become clear through the SAC process that there are high levels of agreement, both among
SAC members and community members, in many areas. These include the desire to:
The SAC has not set a priority order for addressing the needs and recommendations identified
through th is Needs Assessment. Some of the needs and recommendations are urgent, but they
all need to be addressed over time. As funding opportunities arise, priority needs can be
addressed. (See Appendix N, which includes an initial list of potential funding opportunities.)
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 85
In the coming months, the Whatcom County Council and Executive will consider the work of the
SAC, consult with experts in service design and delivery and facility planning, consider financing
mechanisms, and identify next steps for implementation.
The members of the SAC hope that the results of its work will be useful to the Whatcom County
Council, local officials, and the public as next steps in improving Whatcom County's criminal legal
system are considered and implemented. The County Council and Executive Office will lead the next
steps, including identifying an implementation plan for the SAC's recommendations.
Many thanks to everyone who gave so generously
of their Ume and expertise to develop tl1is Needs Assessment.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 86
The acronyms used in the Needs Assessment Report are listed below. See the Glossary for
definitions and descriptions of these and other key terms used in the report.
AA: Alcoholics Anonymous
ACA: Affordable Care Act
ACEs: Adverse Childhood Experiences
ADA: Americans with Disabilities Act
ART: Alternative Response Team
BHGAT: Behavioral Health Gap Analysis Team
BIPOC: Black, Indigenous and People of Color
CAD: Computer Aided Dispatch
DCR: Designated Crisis Responder
DUI: Driving Under the Influence
EHD: Electronic Home Detention
EMS: Emergency Medical Services
EMT: Emergency Medical Technicians
GARE: Government Alliance on Race and
Equity
GED: General Educational Development Test
GRACE: Ground-level Response and
Coordinated Engagement Program
HARPS: Housing and Recovery through Peer
Services
HIPAA: Health Insurance Portability and
Accountability Act
HOT: Homeless Outreach Team
INDEX: Information Needs and Data
Exchange
IPRTF: Incarceration Prevention and
Reduction Task Force
LEAD: Law Enforcement Assisted Diversion
Program
MCOT: Mobile Crisis Outreach Team
MH: Mental Health
MHPs: Mental Health Professionals
NA: Narcotics Anonymous
PACT: Program for Assertive Community
Treatment
PPWG: Pretrial Processes Work Group
PTSD: Post-traumatic Stress Disorder
SAC: Stakeholder Advisory Committee
SIM: Sequential Intercept Model
SUD: Substance Use Disorder
TVA: The Vida Agency
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 87
9-8-8 system: A universal phone number people can call when they or a loved one experience a
behavioral health crisis.
12-Step Programs: The 12 steps were created by the founders of Alcoholics Anonymous as
guidelines to help people overcome addiction to alcohol. A basic principle of the 12-Step model is
that people can help one another achieve and maintain abstinence from substances or behaviors to
which they are addicted.
Alcoholics Anonymous (AA): A 12-Step program designed to help people overcome addiction to
alcohol.
ADA accessibility: Refers to compliance with the Americans with Disabilities Act (ADA) standards
for ensuring that a site, facility, work environment, service, or program is easy to approach, enter,
operate, participate in, and/or use safely and with dignity by a person with a disability.
Adverse Childhood Experiences (ACEs): Potentially traumatic events that occur in childhood (ages
0-17). ACEs can interfere with a person's health, opportunities, and stability in adulthood. The greater
the number of ACEs, the greater the risk for negative outcomes.
Affordable Care Act (ACA): The 2010 comprehensive health care reform law and its amendments.
The law addresses health insurance coverage, health care costs, and preventive care.
Affordable housing: Housing that costs 30% or less of an occupant's gross income, including
utilities.
Alternative Response Team (ART): Two-person teams of a behavioral health specialist and public
health nurse or EMT who work closely with What-Comm 911 dispatch and the Mobile Crisis Outreach
Team to respond to non-violent mental health calls that do not need emergency medical services or
law enforcement.
Americans with Disabilities Act (ADA): A federal civil rights law passed in 1990 that prohibits
discrimination against people with disabilities in everyday activities.
Anne Deacon Center for Hope: A 32-bed crisis stabilization center serving adults in Whatcom
County and the North Sound Region. The Center provides short-term inpatient mental health and
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 88
substance use disorder services. It is named after a former Whatcom County Health Department
manager, Anne Deacon, who was instrumental in the Center's development.
Arrest: Seize someone by legal authority and take into custody.
Bail: The deposit of a sum of money, the posting of a bond for such a sum, or the obligation of a
financial asset for such a sum, provided as a condition of a court order that authorizes temporary
release from custody of a person charged with a crime.
Bail reform: Policy changes to reduce the use of bail and pretrial detention for misdemeanors and
nonviolent felonies. Bail reform efforts aim to address the disproportionate impacts of bail systems
on people of color and people who are poor.
Behavioral health/health care: Treatment for mental health and/or substance use disorders
(alcohol or other drug addiction).
Behavioral Health Gap Analysis Team (BHGAT): A team of behavioral health subject matter
experts, mostly from the Whatcom County Health Department, who played a significant role in the
Justice Project by updating the Sequential Intercept Model (SIM) and using it to identify gaps in
current behavioral health services for people involved with the criminal legal system.
Best practice model: A method or technique that has been shown through research to produce the
best results.
Black, Indigenous and People of Color (BIPOC): This term is used to acknowledge that not all
people of color face equal levels of injustice. BIPOC recognizes that black and Indigenous people are
severely impacted by systemic racial injustices.
Book/booking/booked: The process where information about a criminal suspect is entered into the
system of a police station or jail after that person's arrest.
Booking restrictions: A practice to control the jail population by booking and releasing people,
except for those who represent a serious threat to public safety (e.g., people suspected of offenses
involving violence, harassment, stalking, or a violation of a protection order). In recent years in
Whatcom County, booking restrictions have been used to control the spread of COVID and to
reduce jail overcrowding.
Capital improvements: Permanent structural alteration or repair to a property that improves it
substantially, thereby increasing its overall value.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 89
Case processing: Includes the movement of a lawsuit or legal action through the legal system.
Charge/charges/charged: A formal accusation of criminal activity.
Community re-entry: An incarcerated person leaves prison or jail and goes back into the
community.
Community Paramedic Program: Community paramedics provide support for people who
frequently call 977 to connect them with services that can better meet their needs.
Competency evaluation: Washington State law requires that defendants must be mentally
competent to stand trial and be able to assist in their own defense. If competence is questioned, a
specialized competency evaluation is conducted, usually in jail or a state hospital.
Competency hearings: A hearing before a judge at which a court-appointed mental health
professional provides their professional opinion on whether an individual is competent to stand trial.
Competency restoration process: Services to prepare defendants with symptoms of mental illness
to be able to defend themselves in court. This usually includes psychiatric evaluation, medication
monitoring, and training about court proceedings, and typically requires a stay at a psychiatric
facility (e.g., Eastern or Western State Hospital) that can extend to 72-78 weeks.
Computer Aided Dispatch (CAD): Computer systems utilized by dispatchers (e.g., 977 operators) to
prioritize and record incident calls, identify the status and location of a responder, and dispatch
responders.
Conviction: A formal declaration by the verdict of a jury, or the decision of a judge in a court of law,
that someone is guilty of a criminal offense.
Co-occurring disorders: May include any combination of two or more substance use disorders and
mental disorders identified in the Diagnostic and Statistical Manual of Mental Disorders, Fifth
Edition (DSM-5).
Correctional facility: The building used to detain offenders. These facilities may hold accused
people prior to trial, convicted criminals, juvenile offenders, and other types of individuals. Some
correctional facilities are intended to reform or otherwise prepare offenders for a successful
reintegration into society, while others simply detain criminals until they can be released. Types of
correctional facilities include jails, prisons, and juvenile detention centers.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 90
Court backlogs: An accumulation of pending court cases that are uncompleted for longer than the
period prescribed.
Criminal legal system: The U.S. system of policing, prosecution, courts, and corrections. "Criminal
legal system" is preferred language to "criminal justice system" given that these systems have a long
and ongoing history of racial bias and injustice. Acknowledging this by using the preferred language
is a small step toward creating systems that deliver justice for all.
Criminogenic factors/thinking/behavior: Characteristics, traits, problems, or behaviors an
individual exhibits that may be predictive of future criminal behavior. These include: a criminal
history; anti-social behavior patterns, thinking, and attitudes; associating with others with a criminal
history; and isolation from pro-social peers.
Crisis intervention services: Immediate, short-term counseling (talking with a professional
counselor) to address a mental health emergency (e.g., attempted suicide, drug overdose), stabilize
the individual in crisis, and create and implement a plan for next steps and future treatment.
Crisis stabilization: Direct services that assist with de-escalating the severity of a person's level of
distress and/or need for urgent care associated with a substance use or mental health disorder.
Crisis stabilization center: A facility that provides services to adults who are experiencing a mental
health crisis or who are in need of substance withdrawal management services to help them restore
and stabilize their health. In Whatcom County, the Anne Deacon Center for Hope is a 32-bed Crisis
Stabilization Center.
Decompensate: To lose the ability to maintain normal or appropriate psychological defenses,
sometimes resulting in depression, anxiety, or delusions.
Designated Crisis Responder (OCR): A provider who makes a legal assessment of whether an
individual is gravely disabled and/or a danger to self or others as a result of a mental health or
substance use disorder for possible involuntary detention to a behavioral health facility (see
"Involuntary Treatment Act").
Detain: To keep someone in official custody, typically for questioning about a crime or; to officially
seize and hold goods.
Detox (detoxification): A process, period of time, or facility in which one abstains from or rids the
body of toxic or unhealthy substances.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 91
Discovery Specialist: A trained individual serving as part of a legal team on either side of a matter,
whose responsibility is to identify ("discover") potential evidence that could be used in a legal
proceeding. In a criminal proceeding, such potential evidence may affect whether a criminal charge
is made, how the charge is prosecuted or defended against, and/or how a person is sentenced in the
matter.
Discrimination: The unjust or prejudicial treatment of different categories of people, especially on
the grounds of race, age, or gender.
Disparity(ies)/Racial disparities: Unequal treatment or outcomes of different (racial/ethnic) groups
in the same circumstance, which may or may not be related to discrimination.
Disproportionate(ly): The overrepresentation or underrepresentation of a (racial/ethnic) group
compared with its percentage in the total population.
Diversion/Diversion programs: Programs that offer people involved, or at risk of involvement with
the criminal legal system, an alternative to arrest, prosecution, and incarceration.
Driving Under the Influence (DUI): The crime, or a person arrested or convicted for the crime, of
driving a vehicle while affected by drugs or alcohol
Drug Court: See "Recovery Court."
Early intervention: Identifying and providing effective early support to children and young people
who are at risk of poor health and/or socioeconomic outcomes.
Electronic Home Detention (EHD)/Electronic monitoring/Electronic home monitoring: Involves
the use of either radio frequency or Global Positioning System (GPS) units, often on an ankle
bracelet, to monitor the location of defendants who are in pretrial or post-conviction status for
misdemeanor and gross misdemeanor violations of law, and who the court has allowed to serve
their incarceration or await trial in an electronic home detention and monitoring program.
Emergency Medical Services (EMS): Medical treatment and care which may be rendered at the
scene of any medical emergency, or while transporting any patient in an ambulance to an
appropriate medical facility. EMS can be provided by such entities as fire departments and
ambulance services.
Emergency Medical Technician (EMTI: Emergency Medical Technicians provide out of hospital
emergency medical care and transportation for critical and emergent patients who access the
emergency medical services system.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 92
Emergency response systems: City and County emergency management systems and response
teams that respond to emergency situations.
Emergency shelter: A place for people to live temporarily when they cannot live in their previous
residence; similar to homeless shelters.
Exposed medical area: Open area for medical practices, without legally-required privacy for the
patient.
Extradite: Handing over a person accused or convicted of a crime to the country or state in which
the crime was committed.
Family Treatment Court: An alternative to incarceration for selected families facing allegations of
child abuse/neglect in which parental substance abuse is a primary factor. Parents are provided
multi-disciplinary support and treatment services for substance use disorders, and children are
provided a safe and stable environment. (See also ''Therapeutic court programs.")
Felony: A serious crime, often involving violence, that is usually punishable by imprisonment for
more than a year.
Fiscal responsibility: The act of creating, optimizing, and maintaining a balanced budget.
Fugitive: A person who has intentionally fled from one state (known as the "Demanding State,"
"Home State," or "Requesting State") or country to another jurisdiction (or the "Asylum State") to
avoid prosecution, arrest, or punishment for a crime they committed.
Fugitive warrant: An arrest warrant issued against a fugitive.
GED preparation: Assistance for preparing to take the General Educational Development Test (four
subject tests). Receiving a GED is equivalent to a high school diploma.
Government Alliance on Race and Equity (GARE): A national network of government working to
achieve racial equity and advance opportunities for all. GARE has developed a Racial Equity Toolkit
that can help to integrate racial equity in decisions, policies, practices, programs, and budgets.
Ground-level Response and Coordinated Engagement (GRACE) Program: The GRACE program
provides intensive, coordinated services to people who are high utilizers of emergency medical
services, law enforcement, hospital emergency department, and the Whatcom County jail.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 93
Gross misdemeanor offense: A crime more serious than a regular misdemeanor, but not as serious
as a felony. Examples include petty theft, simple assault, or driving under the influence of
drugs/alcohol. Maximum sentence is 364 days in jail and/or a $5000 fine.
Health Insurance Portability and Accountability Act (HIPAA): A 7996 federal law that required the
creation of national standards to protect sensitive patient health information from being disclosed
without the patient's consent or knowledge.
Holds: Legally authorized measures by which an individual is detained involuntarily while an issue is
evaluated, investigated, or decided.
Homeless Outreach Team (HOT): A program of the Opportunity Council that provides support to
people who are experiencing homelessness and the broader community they interact with (e.g.,
technical assistance to businesses).
House arrest: Someone who has been arrested is confined to their residence by authorities, rather
than incarcerated in a jail/prison.
Housing and Recovery through Peer Services (HARPS) program: Provides supportive housing
services to those with mental health and/or substance use disorders, or who are experiencing or at
risk of homelessness.
Incarceration: The state of being confined in jail/prison; imprisonment.
Incarceration Prevention and Reduction Task Force (IPRTF): A Whatcom County Task Force
formed to continually review the County's criminal legal and behavioral health programs and make
recommendations to effectively reduce incarceration of individuals with mental health and
substance use disorders, and pretrial defendants who can safely be released. The IPRTF also serves
as the Law and Justice Council.
Inequity: Lack of fairness or justice.
Information Needs and Data Exchange (INDEX): A subcommittee of the IPRTF that is working to
develop a data collection and reporting system that can accurately inform policymakers of changes
necessary to minimize jail use and improve efficiency in the criminal legal system.
In-state warrant (also called a bench warrant): A state judge may grant a state arrest warrant
against an individual, which allows law enforcement to arrest that person if they are being charged
with a state crime or are being investigated for involvement in a state crime.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 94
Intensive case management: An array of support services to provide long-term care for people with
severe mental illness to help them live successfully in the community.
Interim Work Center: A minimum-security facility that offers alternative incarceration programs for
low-risk offenders. These include in-custody and out-of-custody work crews and work release
programs.
Involuntary Treatment Act: The state law (RCW 77.05.153) providing a framework for civil
investigation, evaluation, detention, and commitment of an individual demonstrating acute
symptoms of a mental health or substance use disorder who may present an imminent likelihood of
serious harm, or is in imminent danger because of being gravely disabled.
Jail: A local detainment facility holding those newly arrested, those serving sentences of up to a year
for less serious offenses, or those awaiting trial or sentencing who are deemed a public safety risk. In
Whatcom County there are two jail facilities -the Interim Work Center, a minimum-security facility
in lrongate, and the main jail in the Civic Center of Bellingham.
Jail alternatives: Any kind of punishment other than time in jail that can be given to a person who
commits a crime.
Jurisdiction: The territory or sphere of activity over which the legal authority of a court or other
institution extends.
Justice System: See "Criminal legal system" above.
Law and Justice Council: State law (RCW 72.09.300) requires each county's legislative body to
create a local law and justice council, with specified members to include elected officials and
representatives of public agencies within the criminal legal system. A local law and justice council
may maximize efficient use of local resources in its criminal legal system, offer advice on
management of the county jail, promote mechanisms for communication of information in the
system, and coordinate with the state Dept. of Corrections on supervision of offenders. Given the
similarities in required membership, the Whatcom County Council designated the IPRTF to serve
additionally as the local Law and Justice Council (Ordinance 2079-009, WCC 2.46).
Law Enforcement Assisted Diversion (LEAD) Program: Services for people with multiple low-level
criminal offences who are experiencing mental illness, substance use disorders, and/or extreme
poverty, to lead them out of the criminal legal system and into intensive case management.
Legal system: A procedure or process for interpreting, administering, and enforcing the law.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 95
Legislative and policy tools: The techniques through which governments generate, evaluate, and
implement policy options.
Low-risk offender: A criminal offender who has been assessed to be unlikely to re-offend and is of
minimal risk to the community.
Maximum security: A correctional facility designed for housing prisoners regarded as being very
dangerous to society.
Mental Health Court: (See "Therapeutic court programs.")
Mental Health Professionals (MHPs): Different types of licensed providers (e.g., psychologists,
marriage and family therapists, social workers) who can help people with psychological problems
Minimum-to medium-security beds: Areas of a correctional facility with the lowest level of security
barriers. Minimum-security housing usually holds lower-risk offenders, typically in dormitory
settings, and may or may not have security technology and staff monitoring the facility grounds.
Misdemeanant: A per-son convicted of a misdemeanor or guilty of misconduct.
Misdemeanor: A type of offense less serious than a felony that is typically punishable by a fine or less
than 12 months imprisonment.
Mobile Crisis Outreach Team (MCOT): A team of behavioral health professionals, operated by
Compass Health, that serves adults, adolescents, and children who are experiencing a mental health
and/or substance use crisis in the community. MCOT offers short-term crisis intervention and
prevention services.
Narcotics Anonymous (NA): A 12-Step program designed to help people overcome addiction to
drugs.
Navigation/Navigator: The function or role of helping people navigate a complex system and
connecting them with services.
Needs Assessment: A process for identifying and determining how to fill the needs and gaps
between the system's current and desired state.
North Sound Behavioral Health Administrative Services Organization: Administers state and
federal funds for mental health and substance use disorders services for the five-county region,
including Whatcom County.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 96
PACT: See "Program for Assertive Community Treatment."
Patient privacy requirements: Patient privacy encompasses a number of aspects, including
personal space (physical privacy), personal data (informational privacy), personal choices including
cultural and religious affiliations (decisional privacy), and personal relationships with family
members and other intimates (associational privacy).
Peer Services/Peer Support: Services provided by people who have lived experience with the same
issues as the people they are helping (e.g., recovery from substance use disorder, community re-
entry following incarceration).
Permanent Supportive Housing: Long-term (permanent) subsidized housing with services such as
case management and clinical behavioral health services for people with chronic health conditions
or disability, severe and persistent mental illness, and/or substance use disorders.
Post-traumatic Stress Disorder (PTSD): A psychiatric disorder that may occur in people who have
experienced or witnessed traumatic events, resulting in intense, disturbing thoughts and feelings
related to their experience that last long after the traumatic event has ended.
Pre-conviction: Existing or occurring before a conviction.
Pretrial: Refers to the status of a person who has been charged with a crime but whose case is still
in a preliminary stage without having reached a resolution.
Pre-sentence investigation report: A legal document that presents the findings of an investigation
conducted by a probation officer into the legal and social background of a person convicted of a
crime to determine if there are extenuating circumstances which should influence their sentence.
Pretrial Processes Work Group (PPWG): A subgroup of the IPRTF's Legal & Justice Committee that
is focused on developing a pretrial release assessment tool and monitoring unit.
Pretrial risk assessment: An objective assessment tool used by courts to assess defendants' risks of
failing to appear at future court hearings, and to determine whether individuals can be safely
released and monitored in the community until their trial.
Pretrial Services Unit: A Whatcom County Superior Court program to provide pretrial monitoring to
Superior Court defendants. Services are intended to be provided in tandem with a pretrial risk
assessment tool to guide judicial officers in assigning an appropriate level of monitoring.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 97
Prevention: Approaches that aim to address social determinants of health and reduce the likelihood
of poor outcomes.
Prison: A state or federal detainment facility holding those found guilty of more serious crimes or
serving longer sentences, generally more than a year.
Probation: An alternative to incarceration that allows individuals to serve their time without being in
jail/prison. These people have to follow specific rules in order to complete probation, and they are
supervised by a probation officer who ensures they follow those rules.
Probation reform: Reimagining the probation system to reduce incarceration and increase positive
outcomes. This may include reducing the length of probation and changing how violations of
probation are handled.
Program for Assertive Community Treatment (PACTI: An effective, evidence-based, recovery-
oriented mental health service for individuals with severe and persistent mental illnesses, often with
co-occurring substance use disorder. The program is run by Lake Whatcom Center and uses a
multidisciplinary team of professionals to provide intensive services to individuals who experience
difficulties with daily functioning.
Psychotropic medications: Medications used to treat mental health disorders.
Public Safety Assessment: A validated pretrial risk assessment tool used to inform decisions about
whether an individual can safely be released pretrial. The Public Safety Assessment has been used in
Whatcom County Superior Court. (See "Pretrial risk assessment" and "Pretrial Services Unit.")
Public safety systems: A communication system to provide emergency police, fire, medical, and
other first responder services.
Recidivism: The tendency of a convicted criminal to re-offend and be re-incarcerated.
Recovery Court (also known as Drug Court): Recovery Court identifies and provides treatment
programs rather than simple incarceration for individuals involved with the criminal legal system
who need assistance with substance use disorders. The overall aim of Recovery Court is to reduce
substance abuse and drug-related crimes within our community.
Re-entry: The transition from life in jail to life in the community.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 98
Rehabilitation/Rehabilitation programs: Programs focusing on helping offenders understand their
wrongs, address underlying behavioral health issues, restore health, develop skills, and prepare to re-
enter society.
Re-incarceration: A second or subsequent incarceration.
Restorative Justice: An alternative, usually less legally-oriented, process of responding to a crime
through interactions that address the needs and losses of a victim while promoting personal
accountability and reconciliation.
Secure detox facility: (Also called a "secure withdrawal management and stabilization facility.") A
facility that provides involuntary treatment for substance use disorders under the supervision of a
physician for people over 73 years old who present a likelihood of serious harm to themselves or
others, other's property, or who are gravely disabled due to a substance use disorder.
Seismically unsound: Structures that do not comply with current seismic codes and have potential
to be unsafe during an earthquake or other seismic activity.
Sentence: The punishment assigned to a defendant found guilty by a court, or fixed by law, for a
particular offense.
Sentencing Reform Act of 1981: Replaced a system of indeterminate sentencing with release dates
determined by a parole board, to a system of determinate sentencing, where formulas and matrices
determine a set sentence length. It also explicitly rejected rehabilitation as the goal of incarceration,
instead embracing a philosophy of punishment.
Sequential Intercept Model (SIM): A conceptual model that details how individuals with mental
health and/or substance use disorders come into contact with and move through the criminal legal
system. The SIM helps communities identify resources and gaps in services at each intercept and
develop local strategic action plans.
Sight lines: A hypothetical line from someone's eye to what is seen (used especially with reference
to good or bad visibility).
Smoke evacuation system: Equipment designed to capture and neutralize smoke at the point of
origin, before the smoke makes contact with the eyes or the respiratory tract of occupants in the
room.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 99
Sobering center: A facility or setting providing short-term recovery and recuperation from the
effects of acute alcohol or other drug intoxication as an alternative to the emergency room or jail,
and, where appropriate, providing linkage with recovery services.
Specialized Courts: See "Therapeutic Court Programs."
Stakeholder: A person with an interest or concern in something.
Stand-alone offense: A single crime, not a continuing offense or multiple offenses.
Steering Committee: A committee that decides on the priorities or order of business of an
organization and manages the general course of its operations.
Substance Use Disorder (SUD): The body's physical or psychological dependency on a psychoactive
(mind-altering) substance such as drugs or alcohol. "Substance use disorder" is the current term
used in place of "chemical dependency."
Therapeutic court programs: Qualified individuals whose behavioral health issues have brought
them into the judicial system may be offered comprehensive support services (e.g., mental health
and substance use disorder treatment, supervised housing, case management, family therapy) as an
alternative to incarceration. Therapeutic court programs include Drug/Recovery Court, Mental
Health Court, and Family Treatment Court.
Triage: A preliminary assessment in order to determine the urgency of a person's need for
treatment and the nature of treatment required.
Triage Center: The Whatcom County Triage Center became part of the Crisis Stab ii ization Center,
which is now named the Anne Deacon Center for Hope. This Center serves as a diversion resource to
decrease the use of the jail and the hospital emergency department. Compass Health is contracted
to assist individuals having a behavioral health crisis to access needed services and supports.
Undocumented: Not having the appropriate legal document or license. Often refers to immigrants
in the country without legal documentation or permission from the government.
The Vera Institute: A national organization that works to transform the criminal legal and
immigration systems, through advocacy and conducting expert analysis and research. The Vera
Institute did a thorough analysis of Whatcom County's criminal legal system in 2077.
The Vida Agency (TVA): A multicultural communications company with offices in the greater
Seattle area that works with diverse communities on behalf of private enterprise and public
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 100
agencies. TVA was contracted to conduct interviews, listening sessions, and a survey of the general
public for the Justice Project Needs Assessment.
Vocational services: Services to help individuals prepare for, obtain, maintain, and advance
employment goals.
Warrant: An official document, signed by a judge or other person in authority, that gives the police
permission to search someone's home, arrest a person, or take some other action.
The Way Station: A new facility under development that will serve individuals experiencing
homelessness who are in need of hygiene, medical and behavioral health services, and/or medical
respite care to recuperate after a hospital stay.
Western State Hospital: A state psychiatric hospital with 800+ beds. It is located in Lakewood, WA
and serves 20 Western Washington counties, including Whatcom. Services include evaluation and
inpatient treatment for adults with serious mental illness. Patients may be referred for involuntary
treatment through the criminal legal system.
Whatcom County Co-Responder Program: A new pilot program that is a partnership of the
Whatcom County Health Department and Sheriff's Office. A behavioral health specialist will respond
to calls with law enforcement, when appropriate.
Whatcom Homeless Services Center: A program of the Opportunity Council which provides a
broad array of services for individuals experiencing homelessness, including housing services,
landlord mediation, and services to meet basic needs.
Work release: A program that allows an incarcerated individual who is sufficiently trusted or
supervised to leave jail during the day to work.
Wraparound Support: A comprehensive, holistic service delivery model for people with serious
behavioral health challenges. This team approach involves a collaboration between providers,
individuals, their families, and others to develop a tailored plan that reflects their values and
preferences.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 101
Appendix A: SAC Meeting Minutes and Summaries
SAC Meeting #1, January 20, 2022,
https://www.whatcomcounty.us/DocumentCenter/View/63294/SAC-Meeting-l---Jan-20-
2022_MINUTES-draft?bidld=
SAC Meeting #2, April 7, 2022,
https://www.whatcomcounty.us/DocumentCenter/View/65992/Meeting-minutes---SAC-Mtg-2---4-7-
2022
SAC Meeting #3, June 8, 2022, https://www.whatcomcounty.us/DocumentCenter/View/67762/SAC-
Mtg-3-Meeting-Summary---June-8-2022
SAC Meeting #4, July 14, 2022,
https://www.whatcomcounty.us/DocumentCenter/View/68438/Meeting-Summary----SAC-Mtg-4---
07-l4-22
SAC Meeting #5, September 75, 2022,
https://www.whatcomcounty.us/DocumentCenter/View/69455/SAC-Mtg-5--SUMMARY
SAC Meeting #6_, October 73, 2022,
https://www.whatcomcounty.us/DocumentCenter/View/70456/Summary-SAC-Mtg-6---70-73-22
SAC Meeting #7, November 17, 2022,
https://www.whatcomcounty.us/DocumentCenter/View/77745/Summary----SAC-Mtg-7---Nov-77-2022
SAC Meeting #8, December 75, 2022,
https://www.whatcomcounty.us/DocumentCenter/View/7l496/Summary_SAC-Mtg-8_727522
SAC Meeting #9., January 79, 2023,
https://www.whatcomcounty.us/Docu mentCenter /View /72573/Meeting-Su mma ry---SAC-Mtg-
9_077923.
SAC Meeting #10, January 26, 2023,
https://www.whatcomcounty.us/DocumentCenter/View/72620/Summary-SAC-Mtg-70_0l2623
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 702
Appendix B: SAC Group Discussions and Joint IPRTF Subcommittee Meetings
Incarceration Prevention and Reduction Task Force: Joint Behavioral Health Committee and Legal
and Justice Systems Committee Meeting Summary, March 15, 2022,
https://www.whatcomcounty.us/DocumentCenterNiew/65l62/Summary-Joint-Committees-March-
l5-2022
SAC Group Discussion #7: Crisis Stabilization Center, March 30, 2022,
https://www.whatco mcou nty. us/Docu mentCenter Niew /667 48/M eeti ng-Su m ma ry-SAC-G rp-Disc-l--
-M a rch-30-2022
SAC Group Discussion #2: Legal and Justice System, April 4, 2022, April 4, 2022,
https ://www. whatcomcou nty. us/Docu mentCenter /View /67336/Meeting-Su mma ry---SAC-G rp-Disc-2---Apri 1-4-
2022
SAC Group Discussion #3: Behavioral Health, April 5, 2022,
https://www.whatcomcounty.us/DocumentCenterNiew/6770l/Meeting-Summary---Stakeholder-
Advisory-Committee-Discussion-3_vl
Incarceration Prevention and Reduction Task Force: Joint Meeting of the Behavioral Health
Committee and the Legal and Justice Committee Meeting Summary. April 19, 2022,
https://www.whatcomcounty.us/DocumentCenterNiew/66295/Summary-Joint-Behav-Health-and-
Legal-a nd-J ustice-Committees-April-19-2022
SAC Group Discussion #4-Behavioral Health. May 17, 2022,
https://www.whatcomcounty.us/DocumentCenterNiew/6674l/Meeting-Summary---SAC-Group-
Discussion-4---May-l7-2022--Behav-hea Ith
$.1'>,C_Grn_lJQ Discussion #5 -Behavioral Hec1lth, July 7, 2022,
https://www.whatcomcounty.us/DocumentCenterNiew/68437/Meeting-Summary---SAC-Group-
Discussion-5---J u ly-7-2022-fi na I
SAC Group Discussion -Public Defender's Office, September 9, 2022,
https://www.whatcomcounty.us/Docu mentCenter Niew/69367 /Meeting-Summa ry---SAC-G rou p-
Disc---Sept-9-2022_ l
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 103
SAC Group Discussion -Facilities, September 29, 2022,
https://www.whatcomcounty.us/DocumentCenter/View/70228/SAC-Group-Disc---Facilities-Work-
Session-09-29-2022
Appendix C: Surveys and Polls of SAC Members
Stakeholder Advisory Committee Feedback on Preliminary Draft of Values and Goals, September 15,
2022, https://www.whatcomcounty.us/DocumentCenter/View/69299/SAC-Feedback-on-Values-and-
Goals-
Agreement with Vision. Values, & Goals Statements, October 2022,
https://www.whatcomcounty.us/DocumentCenter/View/70990/Vision-Vals-Goals-Rpt
Priorities Regarding Jail Location. October 2022,
https://www.whatcomcounty.us/DocumentCenter/View/7099l/Jail-Location-Poll-Rpt
Refining the Needs/Gaps & Recommendations. October 2022.
https://www.whatcomcounty.us/DocumentCenter/View/70993/Needs-Recs-Report-w-Sugg
Poll Results: Determining Level of Support with Vision. Values. & Goals, January 2023,
https://www.whatcomcounty.us/DocumentCenter/View/7l949/Results-Vision-Values-Goals-Poll
Poll Results: Determining Level of Support with Needs & Recommendations, January. 2023,
https://www.whatcomcounty.us/DocumentCenter/View/7l950/Results-Needs-Recommendations-
Poll
Appendix D: A Collaborative Process
~ the Stakeholder Advisory Committee Process. January 2023,
https://www.whatcomcounty.us/DocumentCenter/View/7l936/Summary-of-SAC-Process---January-
2023
Appendix E: Previous Studies List
Previous Studies List, https://www.whatcomcounty.us/DocumentCenter/View/4662l/Previous-
Studies-List
Stakeholder Advisory Committee Needs Assessment Final Report. January 2023 104
Appendix F: Sequential Intercept Model Definitions
Sequential Intercept Model Service Definitions,
https://www.whatcomcounty.us/DocumentCenterNiew/672l3/6l22-SIMS-lntercept-Service-
Definitions
Appendix G: Sequential Intercept Model (SIM) 2022 Update
Sequential Intercept Model Update, January 2023,
https://www.whatcomcounty.us/DocumentCenterNiew/71753/Sequential-lntercept-Model-SIM-
January-2023
Appendix H: Surveys of Incarcerated People and Staff at the Whatcom County Jail and Work
Center
Surveys of Incarcerated Individuals and Staff at the Whatcom County Jail and Work Center: Results
and Comparison. November 2.022,
https://www.whatcomcounty.us/DocumentCenterNiew/71390/lncarcerated-People-and-Staff-
Surveys-Rpt113022?bidld
Appendix I: Town Hall Listening Session
Summary of Town Hall Listening Session for the Justice Project, November 75, 2022,
https://www.whatcomcounty.us/DocumentCenterNiew/71169/Summary---Justice-Project-Town-
Hall---Nov-75-2022
Appendix J: Public Engagement Process
Pu_blic Engagement ):>J.g_n, August 2022,
https://www.whatcomcounty.us/DocumentCenterNiew/69334/Public-Engagement-Plan-August-
2022
Public Engagement Plan Appendices, August 2022,
https://www.whatcomcounty.us/DocumentCenterNiew/69333/Public-Engagement-Plan-
Appendices-August-2022
Whatcom County Research Report. Justice Project Survey Findings, December 76, 2022,
https://www.whatcomcounty.us/DocumentCenterNiew/71498/Survey-Report_Justice-Project_721622
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 105
Whatcom County Research Report, Justice Project Survey Report Appendices. December 76. 2022.
https://www.whatcomcounty.us/DocumentCenter/View/7l499/Appendices_Justice-Project_l2l622
Whatcom County Research Report. Justice Project Engagement Findings. December 16. 2022.
https://www.whatcomcounty.us/DocumentCenter/View/7l497/Engagement-Report_Justice-
Project_72l622
Appendix K: Justice Project Comments
Com men ts on Justice Project. https://www.whatcomcounty.us/3878/Comments-on-J ustice-Project
Appendix L: Racial Equity Analysis
Applying the Racial Equity Toolkit to the SAC's Work. November 29. 2022.
https://www.whatcomcounty.us/DocumentCenter/View/7139l/Racial-Equity-Toolkit-Mtg-Notes-
ll2922
Appendix M: Whatcom County Jail Video
Tour of the Whatcom County Jail. September 2022.
https://www.youtube.com/watc h ?v= H OVtzutn2zU
Appendix N: Potential Funding Sources
Potential Funding Sources. January 2023.
https://www.whatcomcounty.us/DocumentCenter/View/7l750/Potentia1-Funding-Sources-January-
2023
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 106
1 Stakeholder Advisory Committee Meeting #10, Whatcom County, January 26, 2023,
https://www.whatcomcounty.us/Docu mentCenter /View /72620/Su mma ry-SAC-Mtg-10 012623
2 Washington State Court Rules, Rule CrR 3.2, Release of Accused,
https://www.courts.wa.gov/court rules/pdf/CrR/SUP CrR 03 02 00.pdf.
3 Incarceration Prevention and Reduction Task Force, accessed November 22, 2022,
https://www.whatcomcounty.us/2052/1 nca rceration-Preve ntion-a nd-Reduction-T.
4 Resolution 2019-036, Whatcom County Council, August 7, 2019,
https ://www. wh atcomcounty. us/Docu mentCenter /View /62853/Pri n icples---Approved-Resol ution-2019-036; Resolution
2019-063, Whatcom County Council, October 22, 2019,
https ://whatcom. I egista r .com/View .as hx ?M =F &ID= 7944333&G U I D=2456E02 F--40DF-4FE4-BFB8-41 DOB B66D082; Resolution
2020-009, Whatcom County Council, February 11, 2020,
https ://www. wh atcomcou nty. us/Docu mentCenter /View /62852/SAC---Approved-Resol ution-2020-009; Resolution 2022-
021, Whatcom County Council, April 26, 2022,
https://whatcom. legista r.com/View .as hx ?M=F& I D=10859240&G U I D=0F6E6141-881 E-49 B 7-A56D-E9927381 E883.
5 Healthy Whatcom, accessed November 21, 2022, https://healthywhatcom.org/; Child and Family Well-Being Task Force,
accessed November 21, 2022, https://www.whatcomcounty.us/3537 /Child-and-Family-Well~Being-Task-Force; "Child and
Family Well-Being Task Force, Phase II Report," Child and Family Well-being Task Force and Whatcom County Health
Department Staff, March 2022, https://www.whatcomcounty.us/DocumentCenter /View /66319/Child-and-Family-Well-
being-Task-Force-Phase-ll-Report-2022-03-30-Fi na I.
6 Stakeholder Advisory Committee Meeting #10, Whatcom County, January 26, 2023,
https://www.whatcomcounty.us/DocumentCenter/View/72620/Summary-SAC-Mtg-10 012623
7 Whatcom County Justice Project, accessed November 21, 2022, https://whatcomjusticeproject.org/.
8 "Racial Equity Toolkit: An Opportunity to Operationalize Equity," Local and Regional Government Alliance on Race and
Equity, updated December 2016, https://www.racialequityalliance.org/wp-content/uploads/2015/10/GARE-
Racial Equity Toolkit.pdf.
9 History of the Law and Justice Council development provided to the authors by Chief Wendy Jones, Whatcom County
Sheriff's Office, November 2022.
10 "Discussion of the Phase 1 Report of the Whatcom County Law and Justice Plan, Findings and Recommendations," Special
County Council, Whatcom County Council, December 6, 1999,
https ://documents. wh atcomcou nty. us/Web Lin k/DocView.a spx ?id=334582 l&dbid=0& repo=WC&sea rch id= 70d46e87-102c-
448a-bc8a-aff8a45219e8&cr= 1; Alvin Cohn and Stuart Readio, "Whatcom County Law & Justice Plan, Phase I Report:
Findings and Recommendations," December 1999, https://www.whatcomcounty.us/DocumentCenter/View/71261/Law-
and-Justice-Plan---Phase-1 -Dec-1999; Alvin Cohn and Stuart Readio, "Whatcom County Law & Justice Plan, Phase II Report:
Findings and Recommendations," Jurie 2000, https://www.whatcomcounty.us/DocumentCenter/View/71262/Law-and-
Justice-Plan----Phase-2 June-2000. See also "Presentation of the Phase II Report: Implementation of the Whatcom County
Law and Justice Plan," Special Committee of the Whole, Whatcom County Council, June 27, 2000,
https ://www. digita I archives. wa .gov /DigitalOb ject/Down load/ c373f 4c0-36a8-4e9 7-9633-6c7 cc2c828ed.
11 In 1999, another 0.1% sales tax increase had been approved by the County Council for criminal legal purposes. (Ordinance
1999-072, Whatcom County Council, November 9, 1999,
_b_ttps :// documents. whatcomcounty. us/Web Lin k/DocView. aspx?id=32 7 483 l&d bid=0& repo=WC&sea rch id=f94bc896-39f 1-
47fb-a 7 c5-7027338dc5 be&cr=l ).
12 Proposition No. 1, Jail Facilities Sales and Use Tax, Whatcom County Sample Ballot, November 2, 2004, accessed
November 21, 2022, .b..lli1s://www.whatcomcounty.us/DocumentCenter/View/7212/1l022004 GeneralSample?bidld=.
13 Justice Project Public Health, Safety, and Justice Needs Assessment, Council Update, Whatcom County, April 26, 2022,
https ://wh atcom. I egista r .com/View. ashx ?M=F& I D=l0843 7 48& GU ID= DCF7 BE D8-56E9-40FC-A 7 44-1 CF3 D949 B8 E8.
14 Resolution 2011-014, Whatcom County Council, April 12, 2011,
https ://www. wh atcomco unty. us/Docu mentCenter /View /891/Resol ution-2011-014-PDF.
15 "Whatcom County Jail Planning Task Force Site Selection Criteria," Whatcom County, February 5, 2012,
~/www. wh atcomcounty. us/Docu mentCenter /View /88 7 /Append ix---Recommendation-5-P DF.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 107
16 Ordinance 2015-025, Whatcom County Council, May 25, 2015,
https ://documents. wh atcomco unty. us/Web Lin k/DocView. as px ?d bid=O&id=3362112&page=l&sea rch id=307 d4 76d-ae88-
4c2d-8cdc-98b8c4835728&cr=l.
17 Ordinance 2019-009, Whatcom County Council, December 4, 2018,
https ://www. wh atcomcou nty. us/Docu mentCenter /View/ 40766/ ord2019-009.
18 "Report to Whatcom County Stakeholders on Jail Reduction Strategies," Vera Institute of Justice, November 2017,
https://www.vera.org/downloads/publications/Whatcom-County-Final-Vera-Report.pdf.
19 "Building Assessment Studies and Cost Estimates for Capital Improvements at the Jail (Public Safety Building) and Work
Center," design2LAST, inc., October 11, 2016,
https ://www. wh atcomco unty. us/Docu mentCenter /View /23949 /Design2-Last-J a i I-Building-Assessment-Fina I-Report ?bid Id.
20 Resolution 2013-051, Whatcom County Council, November 26, 2013,
https://documents.whatcomcounty.us/WebLink/DocView.aspx?id=3186216&dbid=O&repo=WC&searchid=e4819cf7-fded-
4218-a938-ecb9a4aObdb6; Contract for Services Agreement (No. 201409013) with DLR Group, Whatcom County, October 1,
2014,
https://documents.whatcomcounty.us/Weblink/DocView.aspx?id=3142239&dbid=O&repo=WC&searchid=d562b9e0-2240-
4a70-a5be-e7c175e163al; Contract for Services Agreement (No. 201301018) with DLR Group, Whatcom County, January 3,
2014,
https://documents.whatcomcounty.us/WebLink/DocView.aspx?id=2887197&dbid=O&repo=WC&searchid=d562b9e0-2240-
4a70-a5be-e7cl 75e163al.
21 "Report on Whatcom County Criminal Justice & Public Safety Listening Tour," Criminal Justice & Public Safety Committee,
Whatcom County Council, July 2018, .b..t1f.1s://www.whatcomcounty.us/DocumentCenter/View/45595/Presentation-on-
Cri mi na I-J ustice-Listen i ng-Tou r-8618gj.
22 See also SAC Group Discussion #4: Behavioral Health, Whatcom County, May 17, 2022 at
https://www.youtube.com/watch ?v=CieHKGhLn9M for a discussion of these programs.
23 "Building Assessment Studies and Cost Estimates for Capital Improvements at the Jail (Public Safety Building) and Work
Center," design2LAST, inc., October 11, 2016, https://www.whatcomcounty.us/DocumentCenter/View/23949/Design2-
La st-J a i I-Bui Id i ng-Assess men t-Fi n a I-Repo rt? bid Id.
24 "Building Assessment Studies and Cost Estimates for Capital Improvements at the Jail (Public Safety Building) and Work
Center," design2LAST, inc., October 11, 2016, https://www.whatcomcounty.us/DocumentCenter/View/36214/Report-on-
Whatcom-Cou nty-Cri mi na I-J ustice-a nd-Pu bl ic-Safety-Listen i ng-Tour-8618
25 Resolution 2019-036, Whatcom County Council, August 7, 2019,
https ://www. wh atcomco unty. us/Docu mentCenter /View /62853/Pri n icples---Approved-Resol ution-2019-036; Resolution
2016-008, Whatcom County Council, February 9, 2016,
https://whatcomcounty.us/DocumentCenter/View/33210/Resolution-2016-008?bidld=.
26 Resolution 2019-063, Whatcom County Council, October 22, 2019,
https ://whatcom. legista r.com/View. ashx? M=F&I D= 7944333&G U I D=2456E02 F-40DF-4FE4-BF B8-41 DOB B66 D082.
27 The Whatcom County Behavioral Health Fund is the result of a 0.1% sales tax for expanded substances and mental health
treatment programs that was authorized by the Whatcom County Council in 2008. (Ordinance 2008-027, Whatcom County
Council, July 8, 2008,
https ://documents. whatcomco unty. us/Web Lin k/DocView.aspx ?id=326669 5&d bid=O&repo=WC&sea rch id=da441180-77 4c-
42a9-bba9-e2c 72189a lcf.)
28 "Report to Whatcom County Stakeholders on Jail Reduction Strategies," Vera Institute of Justice, November 2017,
https://www.vera.org/downloads/publications/Whatcom-County-Final-Vera-Report.pdf.
29 Incarceration Rates in Whatcom County Jail, Whatcom County Sheriff's Office, data provided up to 2021.
30 Data provided to authors by Whatcom County Health Department, Response Systems Division, December 27, 2022 and
Whatcom County Emergency Management Services, August 10, 2022.
31 Data provided to authors by Whatcom County Emergency Management Services, August 10, 2022.
32 Letter from Whatcom County Sheriff Bill Elfo to Whatcom County Superior Court Judge Rob Olson, Whatcom County
District Court Judge Matt Elich, Whatcom County Prosecuting Attorney Eric Richey, Whatcom County Public Defender Starck
Follis, and Whatcom County Chiefs of Police, June 8, 2022,
hl!J2.~j/www.whatcomcounty.us/DocumentCenter /View /67 485/2022-06-08---Bill-Elfo-Letter. Data provided to authors by
Chief Wendy Jones, Whatcom County Sheriff's Office, November 2022.
33 "Report to Whatcom County Stakeholders on Jail Reduction Strategies," Vera Institute of Justice, November 2017,
https ://www.vera.org/ down loads/pu bl icatio ns/Wh atco m-Co u nty-Fi na I-Vera-Re po rt. pdf.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 108
34 Stakeholder Advisory Committee Meeting #5: Facilities, Whatcom County, September 15, 2022,
https ://www.youtube.com/watch ?v=Vh jl H R049 n4&I ist=PL80uJOt5 jT9oSW 4BWzvLdfO KO RreB D DfZ&i n dex=13.
35 Data provided to authors by Chief Wendy Jones, Whatcom County Sheriff's Office, August 2, 2022.
36 Data provided to authors by Chief Wendy Jones, Whatcom County Sheriff's Office, November 14, 2022.
37 Stakeholder Advisory Committee Meeting #3, Whatcom County, June 8, 2022,
https ://www. wh atcomcou nty. us/Docu mentCenter /View /67 4 73/P PT-Presentation---J ustice-Pro ject---SAC-M eeti ng-
3060822; Incarceration Prevention and Reduction Task Force: Joint Behavioral Health and Legal and Justice Systems
Committees, Whatcom County, March 12, 2022, https://www.youtube.com/watch?v=yDNsVUghlAA; "Competency
Determination Process," Whatcom County, November 2022,
https ://www. wh atcomcou nty. us/Docu mentCenter /View /65084/2022-Competency-Determ in ation-Process---H a ndout-
from-Ch ief-Jones; data provided to authors by Chief Wendy Jones, Whatcom County Sheriff's Office, November 2022.
38 Letter from Whatcom County Sheriff Bill Elfo to Whatcom County Superior Court Judge Rob Olson, Whatcom County
District Court Judge Matt Elich, Whatcom County Prosecuting Attorney Eric Richey, Whatcom County Public Defender Starck
Follis, and Whatcom County Chiefs of Police, June 8, 2022,
https://www.whatcomcounty.us/DocumentCenter/View/67485/2022-06-08---Bill-Elfo-Letter. More recent data on the
number of sex offenders who are in the jail awaiting evaluation are not readily available.
39 These numbers have remained relatively consistent since 2016. Year-to-date data for 2022 (as of December 19, 2022)
indicate that 15% of the average daily population were Native Americans, and 9% were African-Americans. Those identified
as Caucasian represented 72% of the average daily jail population. (Incarceration Rates in Whatcom County Jail, Whatcom
County Sheriff's Office, 2022 data provided through December 19, 2022.) The most recent data available from the U.S.
Census Bureau indicates that, as of July 1, 2021, 85% of the Whatcom County population was white alone, 1.3% was Black
alone, and 3.4% were American Indian or Alaska Native alone
(https://www.census.gov/quickfacts/fact/table/whatcomcountywashington,US/PST045221).
40 "Surveys of Incarcerated People and Staff at the Whatcom Jail," Stakeholder Advisory Committee, Whatcom County,
August 2022, https ://www. wh atcomcounty. us/DocumentCenter /View /71390/lnca rcerated-People-a n d-Staff-Surveys-
Rptl 13022 ?bid Id.
41 Stakeholder Advisory Committee Meeting #2, Whatcom County, April 7, 2022,
https://www.youtube.com/watch?v=txiG5THTzkw&list=PL80uJ0t5iT9oSW4BWzvLdfOKDRreBDDfZ&index=8.
42 "Screening and Assessment of Co-occurring Disorders in the Justice System," Substance Abuse and Mental Health
Services Administration, U.S. Department of Health and Human Services, 2015,
https ://store.sa m hsa .gov /sites/ defa ult/fil es/d7 /priv /pep19-screen-cod is. pdf.
43 D. A. Andrews, James Banta and J. Stephen Wormith, "The Recent Past and Near Future of Risk and/or Need
Assessment," Crime Delinquency, (Issue 52:7), 2006, .blt.12.~;:/ /www.researchgate.net/profile/J-
Wormith/publication/249718755 The Recent Past and Near Future of Risk andor Need Assessment/links/Oc960530f
834036e07000000/The-Recent-Past-and-Near-Future-of-Risk-and-or-Need-Assessment.pdf.
44 County Health Rankings and Roadmaps, accessed November 21, 2022,
https://www.countyhealthrankings.org/app/washington/2022/rankings/whatcom/county/outcomes/overall/snapshot.
45 Washington State Court Rules, Rule CrR 3.2, Release of Accused,
https://www.courts.wa.gov/court rules/pdf/CrR/SUP CrR 03 02 00.pdf.
46 Stakeholder Advisory Committee Meeting #3, Whatcom County, June 8, 2022,
https ://www. wh atcomcou nty. us/Docu mentCenter /View /6 7 4 73/PPT-Presentation---J ustice-Pro ject---SAC-M eeti ng-
3060822 ..
47 Stakeholder Advisory Committee Meeting #3, Whatcom County, June 8, 2022,
https ://www. wh atcomcounty. us/Docu mentCenter /View /67 4 73/PPT-Presentation---J ustice-Proj ect---SAC-Meeti ng-
3060822.
48 Stakeholder Advisory Committee, Meeting #4, Whatcom County, July 14, 2022,
https://www.youtube.com/watch?v=AnlSMbVq fO; "Jail Use Quarterly Report," Whatcom County Sheriff's Office,
November 14, 2022.
49 For more information about the PACT program, see Program of Assertive Community Treatment (PACT), Washington
State Health Care Authority, accessed November 21, 2022, https://www.hca.wa.gov/billers-providers-partners/program-
i nfo rm at ion-provide rs/p rog ram-assertive-community-treatment-pa ct.
50 "Building Assessment Studies and Cost Estimates for Capital Improvements at the Jail (Public Safety Building) and Work
Center," design2LAST, inc., October 11, 2016, .bJJru /www.whatcomcounty.us/DocumentCenter/View/23949/Design2-
Last-Jail-Bui1ding-Assessment-Final-Report?bidld; information regarding dental equipment provided to authors by Chief
Wendy Jones, Whatcom County Sheriff's Office, August 2, 2022.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 109
51 For information about the relationship between stable housing, incarceration, and recidivism, see Leah A. Jacobs and
Aaron Gottlieb, "The Effects of Housing Circumstances on Recidivism," Criminal Justice Behavior, September 2020; 47(9):
1097-1115, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8496894/; "The Importance of Stable Housing for Formerly
Incarcerated Individuals," Housing Law Bulletin, June 2010; Vol. 40, 60-62,
https :/ /n_h Ip .o rg/fi les/Page%208%20Doc%201 %20N H LP%20B u I leti n%20Articl e%20Reentry. pdf; Kimberly Burrowes, Housing
Matters, "Can Housing Interventions Reduce Incarceration and Recidivism," Urban Institute, February 27, 2019,
htt ps ://ho us in gm atte rs.urban. o rg/ a rt i cl es/ can-ho using-int erve nt ions-red u ce-i nca rce ration-and-recidivism.
52 "Building Assessment Studies and Cost Estimates for Capital Improvements at the Jail (Public Safety Building) and Work
Center," design2LAST, inc., October 11, 2016, https://www.whatcomcounty.us/DocumentCenter/View/23949/Design2-
Last-Ja i I-Building-Assessment-Fina I-Report ?bid Id.
53 "Jail Design Guide," Third Edition, National Institute of Corrections, U.S. Department of Justice, March 2011,
b.!1ps://s3.amazonaws.com/static.nicic.gov/Library/024806.pdf.
54 "Whatcom County Adult Corrections Facilities and Sheriff's Headquarters Site Evaluation Report," HOR, July 2, 2010,
https ://www. wh atcomco unty. us/Docum entCenter/Vi ew /892/Site-E va I uation-Report---0 raft-PDF ?bid Id=.
55 "2022 Annual Report," Whatcom County Incarceration and Prevention Task Force, June 13, 2022,
httQS ://www. wh atcomcou nty. us/Docu mentCenter /View /68021/2022-An n ua I-Report-Fin a I-Ap proved-Ju ne-13.
Stakeholder Advisory Committee Needs Assessment Final Report, January 2023 110