Already limited by COVID, Whatcom County Jail further tightens booking restrictions
Whatcom County Jail booking restrictions, already in place due to the COVID pandemic, were further tightened this week as the jail battles growing inmate population levels, corrections staff shortages and infrastructure challenges.
As of Monday, June 13, the jail stopped accepting people suspected of most misdemeanor offenses, according to the new regulations released by the Whatcom County Sheriff’s Office.
In a letter sent June 7 to the presiding judges of Whatcom County’s superior and district courts, its prosecuting attorney and public defender offices and the county’s chiefs of police and obtained by The Bellingham Herald, Sheriff Bill Elfo said the move was necessary due to “on-going and worsening situations that have impaired our ability to operate the jail system in a safe, humane and constitutional manner.”
Elfo went on to write that the changes were intended to bring some relief to a stressed system and were “not taken lightly.”
“Law enforcement officers, crime victims and the public are rightfully outraged at the scope and extent of the existing restrictions. ... However, due to the current circumstances and anticipated trends, we have no choice but to expand current restrictions,” Elfo wrote.
As of Monday, no bookings for misdemeanor charges will be accepted at the jail, and only people suspected of gross misdemeanor offenses that include domestic violence, harassment, stalking or a violation of a court protection order will be booked.
Those wanted on warrants for misdemeanors and gross misdemeanors also will not be booked into the jail unless they meet the above criteria, according to the notice.
The jail will continue to book people suspected of felonies, though the notice said, “It is strongly suggested that whenever possible Law Enforcement Officers take a report on the incident and refer it to the Prosecutor’s office for review and filing, unless the incident represents a serious and immediate threat to public safety.”
Those suspected of felonies will be booked and released from the jail and only held while they are waiting to see a judge for: crimes against persons, sex offenses, domestic violence offenses, residential burglary, second-degree burglary (except for shoplifting cases), unlawful possession of a firearm, felony DUI, escape, first-degree theft, first-degree possession of stolen property, possession of a stolen vehicle, theft of a motor vehicle.
Additionally, the notice states:
▪ Individuals wanted on felony warrants will only be accepted if the warrant and extradition have been confirmed and the charge meets the jail’s booking restrictions.
▪ Out-of-county warrants will only be confirmed if the charges meet the jail’s booking restrictions or the requesting agency agrees to pick up the subject within eight hours.
▪ Whatcom County suspects wanted on failure-to-appear warrants arrested outside Whatcom County will only be booked if the charge meets the jail’s booking restrictions.
▪ Department of Corrections Swift and Certain offenders may be booked for up to 48 hours into the Work Center, depending upon the current jail population.
▪ Those participating in drug or mental health court who are sentenced to 24- to 48-hour sanctions for program violations will be accepted at the Work Center, depending upon the current jail population, but no open-ended commitments will be accepted.
▪ Courts were encouraged to utilize jail alternative programs, such as work crews, work release and electronic home monitoring programs when applicable.
The notice said the corrections shift sergeant can make exceptions to the booking restrictions in the interest of public safety when needed.
But Ferndale Prosecutor David Nelson told The Bellingham Herald that the changes make for some people suspected of “some pretty serious cases” being turned away at the jail.
“There’s no blaming the folks at the jail. They’re doing what they can with the problems they’re facing,” Nelson said.
