HomeMy WebLinkAboutord2024-006• Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Agenda Bill Report
File Number: AB2024-096
File ID: AB2024-096 Version: 1 Status: Adopted as Amended
File Created: 01/17/2024 Entered by: SHarris@co.whatcom.wa.us
Department: Sheriffs Office File Type: Ordinance
Assigned to: Council Criminal Justice and Public Safety Committee Final Action: 02/06/2024
Agenda Date: 02/06/2024 Enactment #: ORD 2024-006
Related Files:
Primary Contact Email: sharris@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance suspending Whatcom County Code 1.28 to update the Correctional Facilities Operational
Standards
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
None
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
01/23/2024 Council INTRODUCED Council Criminal Justice and
Public Safety Committee
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
02/06/2024 Council Criminal Justice and Public RECOMMENDED FOR
Safety Committee ADOPTION
Aye: 3 Buchanan, Byrd, and Scanlon
Nay: 0
02/06/2024 Council ADOPTED AS AMENDED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Whatcom County Page 1 Printed on 211212024
Agenda Bill Report Continued (AB2024-096)
Attachments: Staff Memo, Proposed Ordinance
Whatcom County Page 2 Printed on 211212024
1 PROPOSED BY: SHERIFF'S OFFICE
2 INTRODUCTION DATE: FEBRUARY 6, 2024
3
4 ORDINANCE NO. 2024-006
5
6 SUSPENDING WHATCOM COUNTY CODE 1.28 TO UPDATE THE CORRECTIONAL
7 FACILITIES OPERATIONAL STANDARDS
8
9
10 WHEREAS, in 1977, chapter 70.48 RCW, the City and County Jails Act, was initially
11 adopted; and
12
13 WHEREAS, in 1979, the Washington State Correctional Facilities Standards
14 were developed by the Corrections Standards Board and codified in Title 289 of the
15 Washington Administrative Code (WAC) as a guide to counties and cities to satisfy
16 the mandates under the Act; and
17
18 WHEREAS, in 1987, a new section, RCW 70.48.071, was added to chapter
19 70.48 RCW that specifically mandated that "units of local government that own
20 or operate adult correctional facilities shall, individually or collectively, adopt
21 standards for the operation of those facilities no later than January 1, 1988...";
22 and
23
24 WHEREAS, to comply with RCW 70.48.071, the Whatcom County Council
25 adopted the standards in Title 289 WAC by enacting Ordinance No. 87-85 in
26 December 1987, later codified as Whatcom County Code (WCC) 1.28 - Standards for
27 Correctional Facilities; and
28
29 WHEREAS, in 2006, Title 289 WAC was decodified without replacement as it
30 was obsolete and the Corrections Standards Board ceased to exist; and
31
32 WHEREAS, the identical standards in Whatcom County Code (WCC) 1.28 are
33 likewise obsolete; and
34
35 WHEREAS, RCW 70.48.071 authorizes the County to establish operational
36 standards for its own correctional facilities in either its code, through the correctional
37 facilities department policies and standards, or a combination thereof; and
38
39 WHEREAS, the Whatcom County Sheriff's Office correctional facility
40 operational standards are collectively established through various documents,
41 including, but not limited to, written general policies, corrections bureau operational
42 policies and procedures, medical policies and procedures, the Sheriff's Office Rules
43 and Regulations Manual, and the Uniform Building Code; and
44
45 WHEREAS, the Whatcom County Council temporarily suspended WCC 1.28 for
46 up to twelve months on July 8, 2019, again for an additional eighteen months on
d7 July 8, 2021, again for an additonal eleven, months on March 7, 2023; and
48
49 WHEREAS, the Whatcom County Council deems it necessary to reinstate the
50 suspension of WCC 1.28 for up to an additional twelve (12) months to provide
Page 1
1 adequate time for the Law and Justice Council and the County Council to review the
2 correctional facilities operational standards and proposals.
3
4 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
5 WCC 1.28 is hereby suspended in its entirety for up to twelve (12) months, and that
6 the Whatcom County Sheriff's Office correctional facility operational standards, as
7 described above, are hereby temporarily adopted in place of WCC 1.28.
8
9 BE IT FINALLY ORDAINED that the following notation shall be included in
10 the County Code in place of WCC 1.28
11
12 Whatcom County Code Chapter 1.28 is temporarily suspended for up to an
13 additional twelve (12) months, beginning Feb 20, 2024, pursuant to Ord. 2024-006.
14 This is the fourth such extension, following:
15 - Ord.2019-047 which suspended WCC 1.28 temporarily for twelve (12) months.
16 - Ord. 2021-039 that extended the temporary suspension eighteen (18) months.
17 - Ord. 2023-009 that extended the temporary suspension eleven (11) months.
18 The Whatcom County Sheriff's Office correctional facility operation standards, as
19 collectively established through various documents, including, but not limited to,
20 written genqr0P°p6Vltiq;, corrections bureau operational policies and procedures,
21 medical p�q c e d i 6 res, the Sheriff's Office Rules and Regulations Manual, and
22 the Unyili �d�a�re temporarily adopted in its place.
23O�® J�FebruarY , 2024.
24 ADis QTp� � daV of
25 WHATCOM COUNTY C UNCIL
26 ATTESTS a ATCOM , W SHINGTON
27-
28 _-
29 Dana Brown-Davi`>jC1 k,.ofthe Council 4Bau anan, ouncil Chair
30 �,n>
31 WHATCOM COUNTY EXECUTIVE
32 APPROVED AS TO'FORM: WHATCOM COUNTY, WASHINGTON
33
34 /s/Royce Buckingham approved on behalf of attorney
35 Brandon Waldron via email on 2/8/2024/MR
36
37 Royce Buckingham, Civil Deputy Prosecutor Satpal Sidhu, County Executive
38
39
40 ( Approved ( ) Denied
41
p
42 Date Signed VF�R,_p,.,,.,
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