ord2015-025WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2015 — 47 K
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Ori inator:
5/19/2015
5/26/2015
Sp. Council COTW
Division Head:
5/26/2015
Introduction
De t. Head.
�• O
6/9/2015
Council
Prosecutor:
Purchasin /Bud et:
Executive:
TITLE OF DOCUMENT.
Ordinance establishing a incarceration prevention and reduction task force
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( X ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
Ordinance establishing an incarceration prevention and reduction task force intended to provide recommendations, oversight, and specific
timeframes on the development of new, or enhancement of existing programs designed along a continuum that effectively reduces incarceration of
individuals struggling with mental illness and chemical dependency and minimizes jail utilization by pretrail defendants who can safely be released
COMMITTEEACTION.•
COUNCIL ACTION.
5/26/2015: Amended and approved in COTW, forwarded to
5/26/2015: Substitute introduced 7 -0
Council for approval
6/9/2015: Adopted 7 -0, Ord. 2015 -025
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number: Ord. 2015 -025
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on Ilse Countv's website at: www.co.whatcomwa.uslcouncil.
SPONSORED BY: Council
PROPOSED BY: Council
INTRODUCTION DATE: May 26, 2015
ORDINANCE 2015- 025
ESTABLISHING WHATCOM COUNTY CODE 2.46, CREATING A WHATCOM COUNTY
INCARCERATION PREVENTION AND REDUCTION TASK FORCE INTENDED TO
PROVIDE RECOMMENDATIONS, OVERSIGHT, AND SPECIFIC TIMEFRAMES ON
THE DEVELOPMENT OF NEW, OR ENHANCEMENT OF EXISTING, PROGRAMS
DESIGNED ALONG A CONTINUUM THAT EFFECTIVELY REDUCES
INCARCERATION OF INDIVIDUALS STRUGGLING WITH MENTAL ILLNESS AND
CHEMICAL DEPENDENCY, AND MINIMIZES ]AIL UTILIZATION BY PRETRIAL
DEFENDENTS WHO CAN SAFELY BE RELEASED
WHEREAS, in 2012 the Jail Planning Task Force recommended that space be found for a
behavioral health triage facility with sufficient capacity and capability to offer pre- booking diversion
from jail; and
WHEREAS, the proposed countywide jail is currently designed to include needed space for
expanded medical and mental health program space in that facility; and
WHEREAS, the Whatcom County Health Department has been planning toward an
expanded and new crisis triage facility to provide an alternative to the jail or the hospital
emergency room; and
WHEREAS, the Whatcom County Council and Whatcom County Executive are committed to
these facilities and programs related to behavioral health issues and share the commitment to
reduce jail populations and reduce recidivism through jail alternative programs and the County has
the financial capacity and is committed to providing the capital necessary for a new or expanded
crisis triage center; and
WHEREAS, the County currently provides behavioral health programs funded through the
Behavioral Health Tax, at approximately $4.1 million annually, which include a continuum of
behavioral health services designed to reduce criminal justice involvement of people struggling with
mental illness and chemical dependency and has earmarked $3 million in Behavioral Health Tax
revenue reserves for the expansion and /or relocation of a new triage center; and
WHEREAS, the County currently owns and operates a behavioral health crisis triage center
and Interim Work Center on Division Street in Bellingham, which property the County may sell or
transfer or repurpose for behavioral health uses, when the new countywide jail is completed and
the County has agreed and ordained that if that property is sold or transferred, the resulting net
value and proceeds from the transaction will be applied by the County to facilities and programs
that support the goals of treating and diverting individuals with behavioral health problems from
the criminal justice system, such as a new or expanded multi - purpose triage center; and
WHEREAS, these behavioral health facilities and programs are designed to achieve the
following policy goals, 1) a reduction of the number of mentally ill and chemically dependent people
using costly interventions like jail, emergency rooms, and hospitals; 2) a reduction of the number
of people who recycle through the jail, returning repeatedly as a result of their mental illness or
chemical dependency; 3) a reduction of the incidence and severity of chemical dependency and
mental and emotional disorders in youth and adults; and 4) diversion of mentally ill and chemically
dependent youth and adults from initial or further justice system involvement; and
WHEREAS, the County's costs for current criminal justice and incarceration programs
continue to rise every year; mental illness and chemical dependency problems have a significant
impact on the utilization of these very expensive services; and successful diversion programs
should result in substantial long term savings to the criminal justice system; and
WHEREAS, the County intends to construct and operate a new or expanded multi - purpose
diversion crisis triage center, in parallel with the construction of the new county wide jail facility
and intends to reduce long -term jail populations and reduce recidivism, by providing safe and
effective medical, mental health and substance abuse services to individuals in need of such
services.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom
County Code Chapter 2.46 is hereby established, creating a Whatcom County Incarceration
Prevention and Reduction Task Force as outlined in Exhibit A to this ordinance.
BE IT FURTHER ORDAINED that the initial tasks to be accomplished by the Task Force are
as follows:
A. Develop plans for a new or expanded crisis triage center for individuals struggling with mental
illness and chemical dependency, including:
1. Substantive programming to be included and auxiliary services that would increase
efficiency and effectiveness
2. Location and space needs criteria
3. Funding sources and recommendations for both construction and operations
4. Specific timeframes for decision - making and completion
5. Documentation of assumptions used to project the effectiveness and costs
B. Development recommendations for new, or enhancement of existing, programs designed along
a continuum that effectively reduces incarceration of individuals struggling with mental illness and
chemical dependency.
BE IT FURTHER ORDAINED that the initial work of the Task Force for the above tasks
shall be accomplished and reported to the County Council in the following phases:
PHASE I - Review current practices and assigned resources, (facilities, programs, funding
sources), and develop goals for new or modified programs, and projected operational
objectives. Determine licensing requirements and program components. Provide general
information on expenditures and sustainable revenue projections. Deliver the initial Phase 1
report by January 10, 2016.
PHASE II — As service facilities are identified in Phase I- develop facility specifications,
identify possible facility options (either new or existing locations), analyze and recommend
1 or 2 options with projected short and medium term costs. Deliver the initial Phase 2
reports as completed, but no later than November 1, 2016. _
PHASE III - Develop specific operational plans and budgets leading to implementation of
appropriate crisis intervention, triage services and incarceration prevention and reduction
programs. Include details on schedules, assignment of responsibilities, projected outcomes
anticipated, possible cost allocations between the County and the cities, and a basic
business plan for each selected initiative. Deliver the initial Phase 3 report with sufficient
details to proceed with construction and programming of a new or expanded crisis triage
center no later than March 2017.
BE IT FURTHER ORDAINED that the County Council, with the full support of the County
Administration, will implement a continuum of alternatives to incarceration and jail diversion
programs with the following expectations and commitments of assistance for the Incarceration
Prevention and Reduction Task Force:
• Complete a preliminary plan for the new or expanded crisis triage center and alternatives
to incarceration and diversion programs as soon as reasonably possible and provide quarterly
reports to the Council and Administration on Task Force progress.
• Review national best practices for the before mentioned objectives and establish
benchmarking of the County's performance against same.
• Complete detailed planning sufficient to proceed with construction and programming of a
new or expanded crisis triage center to start no later than March 2017.
• Fund the support activities of the Task Force, including a robust and detailed planning
process for the new or expanded crisis triage center and other recommended diversion programs.
Initial funding for 2015 will be $75,000.
• Identify opportunities to acquire governmental and non - governmental funding to support
financing for the construction and operation of the new crisis triage center.
• Commit to opening the new crisis triage center no later than the scheduled opening of the
new countywide jail.
• Include, as part of the 2016 -2017 budget, funds to focus on incarceration prevention and
reduction programs, and work with the Task Force.
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APPRO D AS TO FORM:
vil Deputy Prosecutor
,June 2015
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer,
Council Chair
WHATCOM COUNTY EXECUTIVE
WHATCOM._C UNTY�, WASHINGTON
Jack Louw�, Cc�ty Fxecutive
Approved ( ) Denied
Date Signed: 6/////3
EXHIBIT A
Chapter 2.46
INCARCERATION PREVENTION AND REDUCTION TASK FORCE
Sections:
2.46.010
Established.
2.46.020
Purpose.
2.46.030
Function.
2.46.040
Permanent Members.
2.46.050
Additional Appointed Members.
2.46.060
Term of Office.
2.46.070
Organization — Meetings.
2.46.080
Staff and Funding Support.
2.46.090
Reporting.
2.46.010 Established.
There is hereby established a Whatcom County Incarceration Prevention and Reduction Task Force.
2.46.020 Purpose.
The purpose of the Incarceration Prevention and Reduction Task Force is to continually review
Whatcom County's criminal justice and behavioral health programs and make specific
recommendations to safely and effectively reduce incarceration of individuals struggling with
mental illness and chemical dependency, and minimize jail utilization by pretrial defendants who
can safely be released.
2.46.030 Function.
The Task Force will consider national best practices and report on and make recommendations to
the County Council, Executive, and other appropriate officials regarding:
A. The construction and operation of a new or expanded multi - purpose crisis triage facility
to assist with jail and hospital diversion of individuals struggling with mental illness and
chemical dependency;
B. Development of new, or enhancement of existing, programs designed along a continuum
that effectively reduces incarceration of individuals struggling with mental illness and
chemical dependency;
C. Effective pretrial service programs that assure that defendants appear for court
proceedings while minimizing jail utilization by defendants who can safely be released;
D. Necessary and effective programs and services that can assist offenders with successful
transition from both the jail and triage center back to the community to reduce rates of
recidivism and improve public health and safety;
E. The ongoing staff support and funding for the Task Force;
F. Review of the diversion programs of the County and all cities, and establishment of
benchmarks to measure the effectiveness of the programs in reducing incarceration.
2.46.040 Permanent Members.
The Incarceration Prevention and Reduction Task Force shall include the following 12 designated
officials or their representative:
A. One Member of the Whatcom County Council;
B. Whatcom County Executive;
C. Whatcom County Sheriff;
D. Whatcom County Prosecuting Attorney;
E. Whatcom County Public Defender Director;
F. One Representative from the Whatcom County Superior Court or District Court;
G. One Representative of the Bellingham City Attorney or Municipal Court or Police;
H. One Representative from the Bellingham City Council;
I. One Representative from the small cities designated by the Small Cities Caucus;
J. One tribal representative from either the Lummi Nation or the Nooksack Tribe;
K. One representative from the Whatcom County Health Department Human Services;
L. North Sound Mental Health Administration Executive Director.
2.46.050 Additional Appointed Members.
In addition to the officials designated above the Incarceration Prevention and Reduction Task Force
shall include the following 11 members appointed by the Whatcom County Council:
A. Whatcom Alliance for Health Advancement (WAHA) representative;
B. Peace Health St. Joseph's Medical Center representative;
C. Community Health Center representative;
D. Emergency Medical Services (EMS) representative;
E. Representatives from a Community Action Agency, a Mental Health Provider,
Substance Abuse Treatment Provider (3);
F, Consumer of Services or Family Member of Consumer (2);
G. Concerned Citizens (2).
2.46.060 Terms of office for appointed members.
The term of office for appointed members shall be four years; provided that the terms of those first
appointed shall be staggered so that five will be appointed for two years, and six will be appointed
for four years. Appointment of members shall comply with Chapter 2.03 WCC.
2.46.070 Organization — Meetings.
A. Meetings of the task force shall be open and accessible to the public and shall be subject
to the Open Public Meetings Act.
B. At every meeting, the task force will schedule an open session to take public comment.
C. Written records of meetings, resolutions, research, findings and recommendations shall
be kept and such records shall be submitted to county staff and shall be made public,
including posting on the county website.
D. The task force shall adopt its own rules and procedures for the conduct of business.
E. The task force shall elect a chairperson from among its members who shall preside at its
meetings.
F. The task force shall determine its meeting schedule and agenda, but shall meet at least
quarterly.
G. The task force may form and appoint ad hoc committees to work on specific issues, so
long as at least two committee members are also members of each ad hoc committee.
2.46.080 Staff and Funding Support.
The Task Force will have full support from the Council, the County Executive's Office, Health
Department staff, and locally delivered paid consultant assistance to conduct and complete its
tasks in an efficient and effective manner.
2.46.090 Reporting.
At least annually, no later than June 30 of each year, the Task Force will provide a report and
recommendations to the County Council and Executive on outcomes of existing incarceration
prevention and reduction programs throughout Whatcom County, new innovative programs being
used in other communities, and recommendations for changes or additional programs.