Law enforcement to stop booking some people into Whatcom jail due to coronavirus

Whatcom County law enforcement agencies stopped booking people into the Whatcom County Jail for certain crimes on Thursday, March 19, due to the coronavirus outbreak, according to procedures outlined in a Whatcom County Sheriff’s Office memo.

The memo, obtained by The Bellingham Herald from a law enforcement official, states that people arrested will be booked and released for everything except certain offenses that represent a serious threat to public safety. Those crimes include domestic violence, violations of a no-contact order, felony DUI, sex offenses, burglary and other violent crimes. Those booked for misdemeanor DUI will be held until sober.

The memo suggests officers arrest, book and release people when they can, giving them notice of when to appear in court. For felony offenses it suggests officers take a report and forward it to the prosecuting attorney’s office, unless there’s a threat to public safety. People will not be booked for Department of Corrections violations, the memo states.

Those who are booked on charges that pose a threat to public safety will be held until they see a judge, according to the memo.

The booking restrictions were a collaborative effort between the sheriff’s office, Whatcom County Prosecuting Attorney’s Office and Whatcom County judges, according to Whatcom County Prosecutor Eric Richey.

The restrictions are an attempt to dramatically reduce the flow of incoming inmates in an effort to stop the spread, and introduction of, the novel coronavirus into the jail, Richey said in an interview with The Bellingham Herald.

“We have great concerns about COVID-19 and how it is impacting the world and we want to do what we can to stop the transmission of the disease, but we still have a job to do. Our job is to protect the public and this is what we think is the best way we can protect the public, as well as slow the transmission of COVID-19,” Richey said.

Seven Whatcom County residents have been diagnosed with the respiratory illness, one of whom died, according to the Whatcom County Health Department.

Whatcom County Sheriff Bill Elfo said the measures are looking out for the health of the people who work in the jail, as well as those incarcerated there.

“They’re in place because of some compelling public safety and public health issues. We want to prevent the spread of COVID-19, but do it in a way that doesn’t minimize public safety. We’re still booking and holding violent people. These are temporary measures,” Elfo said in an interview with The Bellingham Herald. “We’re trying to take the jail population as low as we can safely and reasonably do under the circumstances.”

On Monday, March 16, a group of local historians who study medicine, public health and the criminal justice system wrote a letter to the sheriff, Bellingham police chief, prosecutors and several judges urging them to take action to reduce the jail population in light of the coronavirus outbreak. In it, they urged for in-person court appearances to stop, for people who could be released to be released from jail and for law enforcement officers to maximize social distancing and limit physical contact, among other things.

Elfo said it’s a “very difficult challenge” to maintain social distancing in the jail and follow the guidelines recommended by state and county health officials. He said there’s nowhere to isolate a person when they are booked into the facility, and the jail doesn’t have a negative pressure room to put someone who may be showing symptoms of the coronavirus.

“We deal with all kinds of diseases. … This is not something unique, but the severity and duration of this and the projections are concerning,” Elfo said.

Richey said the physical limitations of the jail don’t allow for social distancing if it’s filled to capacity.

“Jail incarceration in general is a tinderbox for transmission of disease. This is the reason why we’re taking these steps,” Richey said. “We want to make sure we’re doing all we can to prevent the transmission of COVID-19.”

Elfo said before the coronavirus outbreak, the jail was experiencing staffing shortages of corrections deputies. He said he’s worried staff will get sick and there won’t be enough of them to operate the facility.

Elfo said as of Thursday afternoon, they have not had to test a staff member or inmate for the coronavirus.

In addition to the booking restrictions, various Whatcom County courts have also created emergency orders suspending trials and rules related to certain hearings in an effort to reduce the number of people showing up for court. Elfo said this was also a driving factor in putting stringent booking restrictions into place, as the cancellation of court hearings backs up cases, which keeps people in jail.

Elfo said he’s asked the prosecutor’s office and judges to look at the cases of those who are currently incarcerated to determine who could possibly be released. He said they’re also looking at whether people who were supposed to report to the jail to begin serving their sentences can start serving them at later dates.

“We’re asking for their cooperation in releasing people and that it is done consistent with public safety and the effective administration of justice,” Elfo said.

Richey said they’re being conscientious with those decisions, as they don’t want to release anyone who they think could be a danger to the community.

“Given the COVID-19 scare, I think that this is the appropriate thing to do,” Richey said.

Whatcom County Superior Court Judge Rob Olson said they’re not only taking steps to reduce the current population of the jail, but also working to try to avoid an increase in the population for the next month or two. Olson said by allowing law enforcement officers and the jail to book and release and give someone a later court date, it prevents someone who may not be showing symptoms but is contagious from having to spend the night in the jail.

“We’re trying to be as responsible as quickly as we can,” Olson said in an interview with The Bellingham Herald.