HomeMy WebLinkAboutres2026-018Whatcom County COUNTY COURTHOUSE
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Agenda Bill Master Report
File Number: AB2026-340
File ID: AB2026-340 Version: 1 Status: Revised Substitute
Amended and Approved
File Created: 04/20/2026 Entered by: KSmith@co.whatcom.wa.us
Department: Council Office File Type: Resolution
Assigned to: Council Criminal Justice and Public Safety Committee Final Action: 05/12/2026
Agenda Date: 05/12/2026 Enactment #: RES 2026-018
Related Files:
Primary Contact Email: ksmith@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Resolution establishing a preliminary planning budget cap, affirming governing commitments, and
providing recommendations to the administration from the Whatcom County Council on the capital
construction of the Whatcom County Jail and Behavioral Care Center
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
n/a
HISTORY OF LEGISLATIVE FILE
Date:
Acting Body:
Action: Sent To:
04/28/2026
Council Criminal Justice and Public
SUBSTITUTE
Safety Committee
RECOMMENDED FOR
APPROVAL WITH
PROPOSED
AMENDMENT(S)
Aye: 5
Boyle, Buchanan, Galloway, Rienstra, and Scanlon
Nay: 2
Elenbaas, and Stremler
04/28/2026
Council
DISCUSSED AND
MOTION(S) APPROVED
05/05/2026
Council (Special)
DISCUSSED AND
MOTION(S) APPROVED
Whatcom County Page 1 Printed on 5/13/2026
Agenda Bill Master Report Continued (AB2026-340)
05/12/2026 Council Criminal Justice and Public SUBSTITUTE
Safety Committee RECOMMENDED FOR
APPROVAL
Aye: 5 Boyle, Buchanan, Galloway, Rienstra, and Scanlon
Nay: 2 Elenbaas, and Stremler
05/12/2026 Council REVISED SUBSTITUTE
APPROVED AS AMENDED
Aye: 5 Boyle, Buchanan, Galloway, Rienstra, and Scanlon
Nay: 2 Elenbaas, and Stremler
Attachments: Memo - Buchanan, Proposed Resolution, Substitute Resolution, Revised Substitute Resolution as
Amended in Committee 4.28.2026, Substitute Resolution for 5.5.2026, Substitute Resolution as
Amended 5.5.2026 (corrected), Cities' Comments 5.7.2026, Substitute Resolution for 5.12.2026,
Revised Substitute Resolution for 5.12.26
Whatcom County Page 2 Printed on 5/13/2026
PROPOSED BY: BUCHANAN
INTRODUCED: APRIL 28, 2026
RESOLUTION NO. 2026-018
ESTABLISHING A PRELIMINARY PLANNING BUDGET CAP, AFFIRMING
GOVERNING COMMITMENTS, AND PROVIDING DIRECTION TO THE
ADMINISTRATION FROM THE WHATCOM COUNTY COUNCIL FOR THE
CAPITAL CONSTRUCTION OF THE WHATCOM COUNTY .TAIL AND
BEHAVIORAL CARE CENTER
WHEREAS, voters of Whatcom County approved Proposition 2023-04 in November
2023, authorizing the 0.2% Public Health, Safety, and Justice Sales and Use Tax, which was
the culmination of a decade of community planning, stakeholder engagement, and
unsuccessful prior proposals before the voters of Whatcom County, reflecting a broad public
commitment to both adequate facilities and meaningful investment across all fifteen project
categories of the Justice Project Implementation Plan, including behavioral health, diversion,
re-entry, supportive housing, and accountabilitY; and
WHEREAS, The Whatcom County Official Local Voters' Pamphlet for the Tuesday,
November 7, 2023 General Election describes the commitments presented to voters and
contains materials regarding Proposition 2023-04 Public Health, Safety, and Justice Sales and
Use Tax, including the Language on the Ballot, Explanatory Statement, Statement For,
Statement Against, Rebuttal of Statement Against, Rebuttal of Statement For, and the full text
of Ordinance 2023-039; and
WHEREAS, the July 2024 Interlocal Agreement (ILA) commits the County and cities to
a minimum of 50% of ongoing countywide sales tax revenue being directed to qualifying
investments including those enumerated in ILA Part II, Section 3(e), spanning behavioral
health facilities, incarceration reduction programs, community -based treatment, re-entry,
supportive housing, diversion, and accountability measures, with a goal of reaching that floor
no later than 2030, reflecting what voters were told in Ordinance 2023-039 and what cities
agreed to when they signed the ILA; and
WHEREAS, the ILA Part 1 (Section 7) commits the County to acknowledge the cities'
request referenced in Ordinance 2023-039 to eliminate booking restrictions through the
construction of an appropriately sized jail based on a fair analysis of jail use, bookings, and
population growth, taking into consideration strategic investments to avoid unnecessary
incarceration; and
WHEREAS, the financial realities of sales tax revenue and the jail and behavioral care
center construction costs exceed what was contemplated in the ILA; and
1
WHEREAS, the cities are a critical funding partner in the Justice Project, including the
capital projects and the ongoing provision of incarceration prevention services, and must
concur with the County Council's project level decisions for a successful outcome; and
WHEREAS, the Whatcom County Council, the Incarceration Prevention and Reduction
Task Force (IPRTF), and the community partners who shaped this plan over a decade affirm
that individuals should receive care in the least restrictive setting possible, that behavioral
health, substance use disorder treatment, housing, and diversion are not alternatives to public
safety but are its foundation, and that the purpose of this revenue stream is to build not
simply a larger facility, but a transformed system that produces better outcomes for everyone
in Whatcom County; and
WHEREAS, the County and its partners have made substantial investments over the
last decade in programs that demonstrate this commitment in action, including Mental Health
Court, Drug and Recovery Court, Pre -Trial Services, Law Enforcement Assisted Diversion
(LEAD), Ground -Level Response and Coordinated Engagement (GRACE), the Alternative
Response Team, the Anne Deacon Center of Hope, re-entry specialists at the jail, the Way
Station, Lifeline Connections youth diversion, the Medicaid Re -Entry Project, Trueblood -funded
supportive housing, the Birchwood assisted living facility, and 24-hour nursing at the jail,
while the County and City of Bellingham have additionally committed $14 million in state and
local funds to the Behavioral Care Center independent of the sales tax; and
WHEREAS, in March 2025 IPRTF formed a Behavioral Care Center Workgroup, the
Whatcom County Council spent several months in late 2025 and early 2026 studying
operational models and locations for the Behavioral Care Center, and at the January 27, 2026
Council meeting voted to support the construction of a Behavioral Care Center as a new
building located at the County's Division Street campus in Bellingham's Irongate neighborhood
with an out of custody model to serve broad community health needs and provide an
alternative to incarceration; and
WHEREAS, in Spring 2026 the County received the Pasquo Planners Jail Population
Forecast Analysis, which projects a primary 2030 population of 359 individuals, producing an
adjusted bed need of 458 when peaking and classification factors are applied (not the 480-bed
figure that has anchored prior planning scenarios), with the report further finding that by
2050, if average length of stay (ALOS) is actively managed to 19 days, the projected bed need
is 458, compared to 604 under the primary forecast and 699 if ALOS is 29 days; this is a
range of 241 beds depending on whether the County invests in system interventions that
reduce length of stay; while the Prosecutorial Diversion Addendum, which will quantify the
average daily population (ADP) impact of prosecutorial diversion investments, has not yet
been published; and ADP and ALOS, not booking volume, are the primary determinants of jail
bed need; and
WHEREAS, PFM Financial Advisors modeled a financing scenario as of March 26, 2026,
using a borrowing rate of 4.9% and conservative growth assumptions of 1.5% in 2026-2027
2
and 3.0% thereafter, that establishes a capital construction ceiling of approximately $214
million, a scenario explicitly titled "Cities Pay 75% Through 2034, Suspend 50% Behavioral
Health Requirement," representing a stress test of maximum debt capacity under current
market conditions, not a plan that satisfies the ILA's behavioral health and diversion
investment commitment; and
WHEREAS, the Finance and Facility Advisory Board on April 9, 2026 recommended a
planning budget cap of $225 million, comprising $205 million for the jail and $20 million for
the Behavioral Care Center from the sales tax, as a scenario for the design -build team to use
in completing the programming exercise; and
WHEREAS, the Council sees the construction of these facilities as inextricably linked to
the broader transformation of Whatcom County's justice and behavioral health system and
affirms that the decisions made in this Resolution reflect not only financial constraints but the
values, commitments, and community expectations established over a decade of planning;
and
WHEREAS, the Whatcom County Jail operated predominantly at Green Level
throughout 2025, meaning below 300 inmates with all offense levels fully eligible for booking,
and reported crimes in Whatcom County declined in 2024 even as bookings increased,
indicating that booking volume is not a reliable proxy for community safety need; and
WHEREAS, modern correctional facility design recognizes that the physical
environment itself materially affects behavioral health outcomes, staff safety, institutional
stability, trauma response, recidivism, and the ability to provide effective treatment and
programming, and that investments in therapeutic housing environments, behavioral health
treatment space, visitation, educational and vocational programming, and trauma -informed
architectural design within the jail facility are integral to the Justice Project's goals of
improved behavioral health outcomes, reduced recidivism, and successful reentry; and
WHEREAS, the purpose of the replacement jail is not merely to expand incarceration
capacity, but to replace an outdated and inadequate facility with one capable of safely and
humanely delivering behavioral health treatment, medical care, stabilization services, reentry
support, and programming that are not feasible within the constraints of the current facility;
and
WHEREAS, the existing Whatcom County Jail was not designed to meet modern
standards for behavioral health treatment, medical care, trauma -informed housing,
classification, programming, or staff wellness, and the replacement of that facility with one
designed to incorporate dedicated behavioral health treatment space, detoxification and
medication -assisted treatment capacity, therapeutic and trauma -informed housing
environments, visitation and reentry services, educational and vocational programming, and
humane working and living conditions will itself function as a foundational component of the
community's behavioral health infrastructure benefiting incarcerated individuals, employees,
KI
contractors, and the broader community, but not a substitute for the broader community -
based services and supports that must accompany it; and
WHEREAS, the weekly Whatcom County Jail Snapshot shows that between 4/13/26
and 4/19/26 an average of 187 people were in the main jail, 88 in the work center, 20 on
electronic home detention and monitoring (EHD) and 32 out of custody, and the facility should
provide a lower security housing element for the work center population, therefore reducing
construction costs; and
WHEREAS, the Council recognizes and appreciates the administration's dedication to
constructing the Behavioral Care Center concurrently with the new correctional facility; and
WHEREAS, the Council also appreciates the administration's successful effort to
reduce costs and increase efficiency by the acquisition of an acceptable alternate site for the
jail that provides cost savings in the permitting and land preparation phases.
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that,
acknowledging the history of the project as outlined in Exhibit A, the Council establishes the
following design principles as priorities for the jail and Behavioral Care Center capital project:
• The Behavioral Care Center, comprising the Crisis Receiving Center and Co -Occurring
Disorders treatment facility, shall be planned and constructed concurrently with the jail
and is not deferrable,
• Council priorities for jail design include adequate capacity, dedicated behavioral health
treatment and programming space, detoxification and medication -assisted treatment
capacity, trauma -informed design principles, and space for programming, education,
family services, vocational training, and reentry navigation,
• Jail capacity shall be informed, but not rigidly fixed, by the Pasquo Planners Jail
Population Forecast Analysis, recognizing that the Prosecutorial Diversion Addendum
has not been published and that reductions in average daily population and average
length of stay can meaningfully reduce required capacity,
• The design -build team shall provide Council review and public input opportunities at
the conclusion of programming before any final scope or debt authorization decision is
made,
• The Council expects a dedicated Council workshop on the final programming plan
before design begins; and
BE IT FURTHER RESOVLED by the Whatcom County Council that that the Whatcom
County Council affirms the motion approved at the April 28, 2026 Council meeting stating that
"the Whatcom County Council preliminary expresses support for a preliminary planning budget
ceiling of $205 million for the jail and $34 million for the Behavioral Care Center ($20 million
from the sales tax and $14 million from grants and state sources) as a framework for
completing the programming exercise and not authorizing debt; and
11
BE IT FURTHER RESOVLED that the Whatcom County Council affirms the minimum 50%
investment commitment to the qualifying projects in the Implementation Plan and does not
endorse its suspension, and further, that in recognition of changed market conditions since the
ILA was executed, we:
• Request the IPRTF/Law and Justice Council (LJC) to develop additional
recommendations to fund the Justice Project Implementation Plan services, projects,
and programs enumerated in the interlocal agreement (ILA) Part II, Section 3(e),
including but not limited to the use of proceeds from any future sale of the LaBounty
Road property, if such option is feasible, as well as grants, reimbursements, and excess
revenue above conservative baselines,
• Request the executive to coordinate state budget lobbying efforts and federal
appropriations lobbying efforts between the cities and the county to supplement local
funding available for the services, projects, and programs in the Justice Project
Implementation Plan, as permitted by law,
• Request the IPRTF/LJC to convene an Average Daily Population and Length of Stay
Reduction Workgroup, engaging the Sheriff, Prosecutor, Public Defender, Presiding
Judge, the Health and Community Services Department, community -based service
providers with subject matter expertise in behavioral health and diversion, and
individuals with lived experience of incarceration, charged with identifying the policies,
programs, and processes that most effectively reduce ADP and ALOS, and to report a
prioritized set of recommendations for funding and sustaining those interventions to
the County Council by end of summer 2026,
• Continue to support investing in Implementation Plan Project 3 to support the collection
of data to measure progress toward desired outcomes and develop a data dashboard,
• Request that the Sheriff present to the County Council, County Executive, and the
cities definitions regarding booking restrictions; and
BE IT FURTHER RESOVLED by the Whatcom County Council that that we request the
County Executive to negotiate an updated Interlocal Agreement with the cities, consistent with
the policy direction set forth in this resolution, that maximizes public safety and health
outcomes for the community, distributes risk equitably across the county and its cities, keeps
intact the original commitments made to voters, and acknowledges requests from the cities;
and
5
BE IT FINALLY RESOLVED by the Whatcom County Council that we request that the
Council's consideration of any debt authorization ordinance shall not commence until the
following have been transmitted: (a) final programming plans with Council and public review;
(b) the Prosecutorial Diversion Addendum and the design -build team's response to its
findings; (c) the biennial Spending Plan required by Ordinance 2023-039 Section 8(1); (d) a
written analysis demonstrating how the proposed capital structure works to address the
minimum 50% investment commitment to the qualifying projects in the Implementation Plan;
(e) a jail utilization management plan consistent with the County's commitments to diversion,
behavioral health treatment, reentry, and incarceration prevention and reduction; (f) a report
outlining the projected operational costs of the new jail and the Behavioral Care Center,
including identified and reasonably available revenue sources to support operational costs; (g)
up-to-date information on the financial status of the Project Budget Fund: New Health, Safety
& Justice Facility (Fund 3502) and any other relevant county funds related to the debt
authorization; and (h) an updated financing analysis identifying the smallest bond size
necessary.
APPROVED this 12th day of May, 2026
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ATTEST : ���� ®�l�y
Cathy;Halka, Clerk 6f the Council
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APPROVEb,,AS TO;FO.F?M:
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Kimberly Thulin 4.28.2026 (by email/ks)
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Kaylee Galloway, Council C air
R
EXHIBIT A
HISTORY, DATA, CONTEXT, AND FORTHCOMING DOCUMENTS
Whatcom County Council I April 28, 2026
This Exhibit provides the historical record, data foundation, and governing commitments
that inform the accompanying resolution. It is adopted as part of the record but is not
operative. References to documents promised by the Executive's Office, FFAB, STV, or other
parties are consolidated in Part III.
PART I: PLANNING HISTORY AND GOVERNING COMMITMENTS,
Twenty Years of Planning
Whatcom County's jail planning process began over twenty years ago with the recognition
that the existing facility was insufficient to meet the needs of those in custody, county
employees, and contractors. Over successive years, multiple consultant studies, community
engagement efforts, and failed ballot measures shaped an evolving understanding that the
county's justice needs cannot be addressed through facility construction alone, and that
investment in behavioral health, diversion, and upstream prevention must occur concurrently
with any capital project.
IPRTF and the Vera Institute (2016-2017)
In 2016, the County Council established the Incarceration Prevention and Reduction Task
Force (IPRTF). In 2017, the Vera Institute of Justice published a comprehensive analysis
documenting that the primary drivers of Whatcom County's jail population were behavioral
health needs, substance use disorder, warrant accumulation, and poverty. These findings
have been reaffirmed by every subsequent study, including the 2023 WSU Progress Report
and the 2026 Pasquo Planners Jail Population Forecast Analysis.
Planning Process (2018-2023)
In 2018, the County conducted a county -wide listening tour. In 2019, the Council adopted
Resolution 2019-036 establishing facility planning principles. The Stakeholder Advisory
Committee convened throughout 2022 and published the Whatcom County Justice Project
Needs Assessment in January 2023. In 2023, a Vera Institute update and Implementation
Plan were completed.
Ordinance 2023-039 and Voter Approval
In 2023, the County Council adopted Ordinance 2023-039, placing the 0.2% Public Health,
Safety, and Justice Sales and Use Tax on the ballot with an accompanying Justice Project
Implementation Plan. Voters approved Proposition 2023-04 in November 2023. Key
provisions of the ordinance include:
• Section 4: Eligible expenditures consistent with the Implementation Plan; cities
under 20,000 population may use proceeds for any public safety purpose without
IP constraints.
• Section 5.1(c): The ILA shall identify a mechanism for additional bed capacity if
the facility reaches 85% of operational capacity for eight of the past twelve
months.
• Section 5.3: An independent third -party evaluation shall occur ten years after
tax approval (-2033).
7
• Section 7(1): The County commits to concurrent investments in behavioral
health, SUD treatment, re-entry, supportive housing, and diversion beginning in
2023.
• Section 8(1): A biennial Spending Plan update is required.
• Section 9.4: The jail utilization management plan and expansion trigger
framework.
• The Whatcom County Official Local Voters' Pamphlet for the Tuesday, November
7, 2023 General Election contains the materials presented to voters regarding
Proposition 2023- 04 Public Health, Safety, and Justice Sales and Use Tax,
including the Language on the Ballot, Explanatory Statement, Statement For,
Statement Against, Rebuttal of Statement Against, Rebuttal of Statement For,
and the full text of Ordinance 2023-039.
The Interlocal Agreement (July 2024)
In July 2024, the County and Whatcom County cities executed an Interlocal Agreement
governing the collection, distribution, and use of the sales tax. ILA Part II, Section 3(e)
establishes as a binding commitment that "a minimum of 50% of the ongoing county-
wide Sales Tax revenue will be used for projects as prioritized in the Justice Project
Implementation Plan," including:
• The construction and operation of behavioral health facilities serving populations
outside of the Justice Facility
• Expansion of incarceration reduction programs
• Increasing access to community -based behavioral health and substance use
disorder treatment services
• Re-entry programs
• Supportive housing
• Diversion programs
• Accountability measures that monitor progress and inform future planning The
ILA states this floor should be reached "with a goal of no later than 2030."
A Decade of Upstream Investment
The County, in coordination with municipal and community -based partners, has supported
the following programs consistent with the Implementation Plan:
• Francis Place and 22 North permanent supportive housing (2015, 2018)
• Mental Health Court (2016); Drug and Recovery Court expanded (2019, 2024)
• Pre -Trial Services Program (2019)
• LEAD, GRACE, and Alternative Response Team, with City of Bellingham (2020-2022)
• Friendship Diversion through bench probation (2021)
• Anne Deacon Center of Hope, Pioneer Human Services/Compass Health (2021)
• Re-entry specialists and expanded mental health services at the jail (2023-2025)
• Lifeline Connections youth diversion (2024)
• Way Station respite shelter and hygiene center (2024)
• Opioid response pilot program (2024)
• Re-entry support for juveniles (2025)
• Medicaid Re -Entry Project through WCSO and Juvenile Detention (anticipated
July 2026)
• $3.6M Trueblood funds for 27-bed Lake Whatcom Treatment Center supportive
housing (2026)
• Birchwood 86-bed assisted living facility for adults with serious behavioral health
needs(2026)
A
• 24-hour nursing at the Whatcom County Jail (2026)
The County and City of Bellingham have additionally committed $14 million in state and local
funds for BCC construction, separate from the sales tax.
The Fifteen Projects of the Justice Project Implementation Plan
The Implementation Plan organizes 15 projects across five strategies. The Council expects
the design -build team, STV, and all workgroups to be familiar with all 15 projects, not only
the facility projects. The full scope of the plan is what voters approved funding for.
Strategy 1: Ensure Oversight, Accountability, and Transparency
• Project 1: Justice Project Oversight and Planning (]POP) Committee
• Project 2: Finance and Facility Advisory Board
• Project 3: Criminal Justice Informatics and Data Dashboard
Strategy 2: Strengthen and Expand Behavioral Health Services
• Project 4: Behavioral Health Workforce Development
• Project 5: Communication and Coordination Systems
• Project 6: Mental Health Sentencing Alternatives and Diversion Programs (including
Mental Health Court, Drug and Recovery Court, LEAD, GRACE, ART)
Strategy 3: Build and Expand Facilities
• Project 7: 23-Hour Crisis Receiving Center (CRC) / Behavioral Health Urgent Care
• Project 8: New Jail and Behavioral Health Treatment Center
• Project 9: Additional Behavioral Health and Substance Use Disorder Treatment Facilities
Strategy 4: Strengthen Re-entry and Reduce Recidivism
• Project 10: Transportation Services for People Leaving Jail or Treatment
• Project 11: Re-entry Services (including re-entry specialists, navigation, and peer
support)
• Project 12: Supportive Housing (including recovery housing, transitional housing, and
housing assistance)
Strategy 5: Pursue Systemic Change
• Project 13: Court System Improvements (case processing timelines, pretrial reforms,
and reduced unnecessary detention)
• Project 14: Access to Competency Restoration Services
• Project 15: State Advocacy and Medicaid Waiver for Jail -Based Health Services
Note: The Behavioral Care Center (BCC) being planned concurrently with the jail comprises
one aspect of Projects 7 and 8. The jail itself is the other aspect. The BCC and the other 14
projects represent the community health and diversion investment portfolio that the minimum
50% floor in the Interlocal Agreement is designed to fund.
PART II: KEY DATA AND ANALYTICAL FINDINGS
Jail Capacity, Pasquo Planners (2026)
The Pasquo Planners Jail Population Forecast Analysis (Spring 2026) is the county's
primary jail population forecast. Key findings:
• Primary 2030 population forecast: 359 people; adjusted 2030 bed need (peaking
and classification applied): 422 (not the 480-bed figure that has anchored prior
planning scenarios)
• Primary 2050 adjusted bed need: 604, but the report presents a range of
9
outcomes based on ALOS management
• ALOS impact analysis (Figure 25): if ALOS is managed to 19 days by 2050,
projected bed need falls to 458; if ALOS grows to 29 days, bed need reaches 699,
a 241-bed range depending on system investment
• Median length of stay in 2025: 2 days (for short -stay bookings); overall ALOS
driving ADP is substantially longer and is the primary sizing variable
• 70% diversion of eligible misdemeanor/MH population: estimated ADP reduction
of approximately 22-38
• Prosecutorial Diversion Addendum, quantifying prosecutorial diversion impacts on
ADP and bed need, has not yet been published as of the date of this resolution
• The primary forecast assumes no changes in incarceration practices; it does not
credit diversion investments already underway or planned
• The Pasquo report explicitly recommends development of a jail utilization
management plan as a companion to any capacity decision
• Whatcom County's 2025 booking rate remains approximately 44% below pre -
pandemic norms on a per -capita basis
Financial Modeling
PFM Financial Advisors has modeled several financing scenarios. Key parameters and findings:
• February 2025 model (4% interest, 4% growth): $170M project supportable; 50%
BH floor achievable at $205M jail -only on 30-year cumulative basis
• March 26, 2026 model (4.9% interest + 0.50% cushion; 1.5% growth 2026-2027,
3.0% thereafter): $214M capital ceiling; explicitly titled 'Cities Pay 75% Through
2034, Suspend 50% Behavioral Health Requirement'
• Under March 26 model: BH share reaches only 16.79% in 2030; first year
reaching 50% annually is 2046 (year 23); cumulative lifetime BH share is
44.34%
• Total countywide revenue 2024-2058: $719.9M (March 26 model) vs. $924.6M (February
model), a $205M difference driven by lower growth assumptions and higher interest rates
• Current (April 2026) county debt service under March 26 model: approximately $9.4M/year vs.
$6.6M/year in February model
• If 190,000 sq ft jail at $895/sq ft: approximately $170M hard construction cost,
$35M delta to the $205M ceiling, representing soft costs, contingency, and
escalation
• Historical Whatcom County sales tax CAGR (1996-2025): 5.01%; 10-year trailing
average as of 2025: approximately 7.4%; 5-year trailing average: approximately
8.8%
PART III: FORTHCOMING DOCUMENTS AND REPORTS
The following documents have been committed by various parties in the documents listed
below. The County Council expects to receive each prior to or concurrent with the
corresponding decision point.
10
Document / Report
Prosecutorial Diversion Addendum
(Attachment B), quantifying
prosecutorial diversion impacts on
ADP and bed need
Final programming plan from STV
and design -build team, with Council
review and public input opportunity
Set Forth In Due / Decision Recipient
Gate
Jail Capacity Analysis
Cover Memo (March 31,
2026); April 2 FFAB
Agenda
STV Memo (March 25,
2026); Resolution 2019-
036; FFAB April 9
recommendation
Biennial Spending Plan update, Ordinance 2023-039
detailed allocation of sales tax Section 8(1)
revenue per Ordinance 2023-039
Section 8(1)
50% compliance analysis, written
demonstration from County
Executive of how the proposed
capital structure honors the
minimum 50% investment
commitment to the qualifying
projects in the Implementation
Plan, and what adjustments to city
contributions, scope, phasing, or
bond timing are required
Before final
programming
and debt
authorization
August 2026
Before debt
authorization;
overdue
This resolution; ILA Part Before debt
II Section 3(e)i authorization
50% Recovery Working Group
This resolution October 2026
report, at least two financially
viable pathways to achieve the 50%
floor under current and projected
market conditions
--------- --- --- -_ _ __.
-- - - -- -- - --
ADP/ALOS Reduction Workgroup
This resolution End of summer
report, prioritized policies,
2026
programs, and processes to reduce
average daily population and
average length of stay
------ - -
- -- --- ----- ---- ----- - ---- - ----
Updated Interlocal Agreement,
FFAB Risk Memo (April 9, Before debt
renegotiated with cities; reaffirms
2026); this resolution authorization
50% floor with credible path; fixed
city contributions; Revenue
Stabilization Account
Annual aligned investment report,
County and Bellingham investments
from sales tax, BH Fund,
Bellingham's share, and leveraged
state and federal sources; totals by
jurisdiction, programs funded,
populations served, and progress
toward Implementation Plan goals
ILA Part II Section 3(e)
accountability
requirement; expected
as part of biennial
Spending Plan
implementation
Council, FFAB,
IPRTF
Council (for
review and
direction)
County Council
and Bellingham
City Council (for
adoption)
County Council
County Council,
FFAB, IPRTF
County Council,
FFAB, IPRTF
County Council
and all city
parties
Annually i FFAB,
beginning 2027 IPRTF/LJC,
(expected) ;Council
11
Document / Report
Annual booking and diversion
evaluation framework report,
booking patterns by charge type,
diversion referral rates and
outcomes, LEAD/ART utilization,
book -and -release recidivism, and
relationship to reported crime rates
Set Forth In Due / Recipient
Decision Gate
ADP/ALOS Reduction
Annually IPRTF/LJC
Workgroup (directed by
beginning 2027
this resolution),
(expected,
framework to be
pending
developed as part of
workgroup
workgroup's
framework)
recommendations
Jail utilization management plan,
Pasquo Planners Jail
Before or
operational targets for ALOS,
Population Forecast
concurrent with
pretrial release utilization, diversion Analysis (Spring 2026);
final
thresholds, and classification
this resolution
programming
practices
review (August
_-..__ - _ ---- -- ------- __ ___-- -____
-_-_-__ _ __-__-- --.- -_ _ _ ___._..
2026)
Risk mitigation plan update,
FFAB Risk Memo (April 9,
Spring 2027,
updated interest rate assumptions
2026)
before GMP
and revenue stabilization
projections, once spring 2027
borrowing conditions are clearer
Guaranteed Maximum Price (GMP), STV Memo (March 25, Fall 2027
from design -builder, requiring 2026); FFAB Risk Memo
separate Council authorization
IPRTF/LJC,
Council
FFAB, Council
Council
(authorization
required)
Ten-year independent evaluation of ! Ordinance 2023-039 —2033 County Council
sales tax implementation, including Section 5.3 and public
50% floor compliance, diversion
impact, facility sizing, and booking
framework outcomes
Note: This appendix reflects the Council's understanding of documents promised or
required as of April 28, 2026. The Council reserves the right to request additional analysis
or documentation at any time prior to debt authorization.
PART IV: KEY STUDIES AND DOCUMENTS TO INFORM
FACILITY DESIGN
The design -build team and STV are directed to engage with the full body of community
planning work that produced the Justice Project Implementation Plan and Behavioral Care
Center analysis. The two Spring 2026 technical reports are important inputs, but they are
the culmination of a decade of community research, not a replacement for it. The following
documents represent the evidentiary foundation the Council expects the design -builder to
have reviewed and engaged with in translating the programming brief into facility design.
Community Needs and Values
• Whatcom County Justice Project Needs Assessment Report (January 2023), 38-
member Stakeholder Advisory Committee; 1,704-respondent community survey; six
listening sessions with immigrant, tribal, and formerly incarcerated communities;
one town hall with —120 participants. Establishes community Vision, Values, and
Goals for any new facility.
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• Justice Project Implementation Plan (June 2023), Operationalizes the Needs
Assessment into 14 project categories. Establishes the community -defined design
requirements for the jail (Section Cl) and behavioral health facilities (Section C2),
including spaces and services identified by the community as non-negotiable:
dedicated confidential behavioral health treatment space; visitation spaces; medical
and dental care; education and vocational training; outdoor spaces; and a physical
environment that contributes to improved mental health.
• County Council Resolution 2019-036, 2019 statement of planning principles; the
founding document for this planning process; commits the county to community -
based preventative services, successful re-entry, and reducing incarceration.
• Whatcom County Public Engagement Workshop Reports (2025-2026), Two community
workshops conducted during the STV validation phase with hundreds of participants;
documented preferences for facility design, programming priorities, and operational
values.
Population and System Analysis
• Vera Institute of Justice, Report to Whatcom County Stakeholders on Jail Reduction
Strategies (November 2017), Foundational analysis of jail population drivers; five
recommendations and twenty strategies for safe reduction. Impact analysis
demonstrates that even modest diversion implementation could have substantially
reduced the 2016 jail population. Establishes the evidence base for LEAD, pre-trial
services, and other programs now operating.
• WSU Washington Rural Jails Research Team, Progress Report and Report Card on Vera
Institute Recommendations (2023), Independent analysis of jail data 2015 through
mid-2023; assesses progress on Vera recommendations. Key findings: pretrial ALOS
increased for many charge types; case resolution timeframes worsened post -pandemic;
one in ten booked individuals experienced homelessness.
• Pasquo Planners, Jail Population Forecast Analysis (Spring 2026), Primary jail
population forecast; 422 adjusted bed need for 2030; ALOS sensitivity range of 458-
699 beds by 2050 depending on system management. Establishes specialized housing
classification needs across 13 categories for both male and female populations.
• DLZ, Jail Capacity Needs Report and Rated Bed Projections (2025 draft), Capacity
study providing rated bed projections through 2050 and analysis of classification and
special housing needs. Note: projections assume no changes in incarceration practices.
• WCSO Annual Booking Data (2018-2025), Publicly available; documents composition of
jail population by charge type, length of stay, and origin jurisdiction. Key reference for
understanding what categories of cases actually drive ADP.
• Whatcom County Jail Use Reports (2021-2025), Annual WCSO reports documenting
ADP, booking volume, length of stay trends, classification data, and booking restriction
levels throughout the existing facility's operation.
• Whatcom Racial Equity Commission's Incarceration Data Analysis Project Report: Racial
Disparities and Offense Types (December 2025), providing analysis of incarceration
patterns, and racial disparities in Whatcom County, including data limitations and
implications for policy, accountability, and future system planning.
Incarcerated People's Voices
• Whatcom County Incarcerated People Survey (2022), Survey of 109 incarcerated
individuals and 28 jail staff during the SAC Needs Assessment process.
Documents unmet needs for behavioral health services and reentry support;
identifies facility design features people in custody identified as most important.
• Whatcom County Final Jail Inmate Report (June 2025), 99-respondent survey and
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two focus groups at the jail and Work Center. Documents the current population's
needs and preferences for services and facility design; directly informs specialized
housing and programming space requirements.
Behavioral Health and BCC Design
• Whatcom County BCC Final Report, Behavioral Health Analysis and Service Model
Recommendations (April 2026), Recommends a 22-bed Crisis Receiving Center and
32- bed Co -Occurring Disorders facility (two 16-bed units); operational model,
staffing, reimbursement framework, and site considerations.
• STV/EP&A Behavioral Health Campus Report, 2000 Division Street Site Analysis,
Earlier analysis of a standalone behavioral health campus; relevant for
understanding the range of BCC siting and operational models considered and the
reasoning behind co- location.
• IPRTF Review and Recommendations (October 2024), Task Force's formal
recommendations to the County Council on the justice facility project,
reflecting synthesis of the planning record and community priorities.
Financial and Contractual Framework
• PFM Financial Advisors, Financing Scenarios 1-3 (February 2025) and Alternative
Scenario (March 26, 2026), Full modeling of revenue, city contributions, debt
capacity, and behavioral health investment shares. The February scenarios show
what is achievable while honoring the 50% commitment; the March 26 scenario
shows maximum debt capacity if that commitment is suspended.
• Interlocal Agreement (July 2024), Governing document for the multi -jurisdictional
financing structure; establishes the 50% behavioral health investment floor, city
contribution framework, expansion trigger (Section 5.1(c)), and qualifying
investment definitions (Part II, Section 3(e)).
• Ordinance 2023-039 (November 2023), Authorizing ordinance; establishes the
Implementation Plan, spending plan requirements (Section 8(1)), and the
concurrent investment commitment (Section 7(1)).
The Council expects that STV's programming report delivered in August 2026 will demonstrate
engagement with this full body of work, not simply the two most recent technical reports, and
will explain how community -identified design priorities, population data, and the direct input
of incarcerated individuals were incorporated into the recommended facility program.
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