Civic Agenda: Jail alternatives need support as community moves forward

With the rejection of the county’s proposal for a sales tax to fund a new jail, our community must think creatively of ways to move forward. We still need a new facility — that is not in question. What we need to work through is who should be in jail, how we can best utilize alternatives and what services are needed.

Following the failure of Proposition 2015-1, the ballot measure regarding the proposed 0.2 percent sales tax increase to fund a new jail facility, the city continues to meet with Sheriff Bill Elfo and Whatcom County Executive Jack Louws to discuss the use of the existing Whatcom County Jail for those the city is legally responsible to incarcerate.

In addition, Court Administrator Darlene Peterson, City Councilmember Dan Hammill, Paramedic Jeff Brubaker and I have been serving on the incarceration and diversion task force.

We are hopeful that the task force will identify diversion opportunities that will reduce the overall inmate population. Options that we are currently discussing internally include early in-custody chemical dependency evaluations, modified probation practices, increased use of stipulated orders of continuance and decriminalization of certain municipal code violations.

But regardless of the result from the November election or the task force efforts, the city of Bellingham has been notified that the sheriff’s office plans in the months ahead to reduce the number of inmates in our currently overcrowded facilities, and the city of Bellingham may be in the position of needing to find another place to house its misdemeanants. Our approach to reducing our inmates in the Whatcom County Jail is to:

▪ Continue the existing programs and practices that reduce jail use in Bellingham Municipal Court, such as reminder calls for court appointments;

▪ Identify existing jail alternatives that could be better utilized through the existing facility and existing programs to reduce the jail population;

▪ Identify other incarceration reduction opportunities through the task force and internally, including law enforcement assisted diversion (LEAD) programs, and;

▪ Begin negotiations with another jail services provider, recognizing that certain offenses, such as DUI, require jail time and that certain offenders will not be eligible for jail alternatives because additional alternatives to incarceration may not be implemented in a timeframe consistent with the requested reduction at the Whatcom County Jail.

Jail alternatives

While much discussion has centered on what jail alternatives might be available, it’s important to remember what alternatives exist today in Bellingham through the Whatcom County Jail.

Earlier screening for eligibility for work center programs. Though inmates are screened for classification at booking (including eligibility for serving time at the work center), they are not screened for alternative jail programs until after sentencing. One impediment to better utilization is that there can be a time lag before the application process even begins. As a result, misdemeanor inmates that have 3-5 days left to serve may not be considered. These inmates end up serving this time at the main jail due to the time lag. It may very well make sense to screen at booking. We understand this may require some additional resources applied to the process on the front end.

Exploration of pre-trial electronic home detention and monitoring. Home monitoring is currently operated and administered out of the work center, and there is an opportunity to further discuss with Whatcom County increased use of this service. As with other options, additional resources may be required to implement this.

Allow for voluntary in-custody work crew pre-trial. Defendants would be incentivized to gain trustee status, which counts as good time so that an inmate may be granted a one-third reduction in their sentence.

Better services at the courthouse for defendants who qualify for jail alternatives. Warrants are issued for out-of-custody misdemeanants when they fail to report to the work center for application to jail alternative programs. Misdemeanants face a logistical barrier in reporting to the work center. We have observed that this was less of an issue when the jail alternatives administrative office was located downtown. One potential option is to locate a coordinating kiosk in municipal court that is video connected to jail alternatives staff to undergo screening and receive their report date.

Jail services provider

After searching for an alternative facility to the Whatcom County jail, Yakima County Correctional Center has been identified as our preferred provider should we need space to house our legally responsible misdemeanants. We plan to use this on an as-needed basis only if Whatcom County tells us they do not have space for our inmates. The Yakima facility was chosen in part because it has enhanced services for inmates, including onsite medical and mental health staff, mandatory medical, mental health and a 14-day physical to all inmates, and the ability for inmates to communicate directly with public defenders and family via a web portal.

Programming at the Yakima facility also includes moral recognition therapy, an inmate worker program, faith-based services, Strong Families, flagger and forklift certification, managing self-destructive behavior class, anger management, Being a Responsible Tenant, and budgeting, to name a few. The facility also does not have the life safety issues present in the current Whatcom County jail as stated by sheriff, and they also provide transportation to and from Yakima.

I want to emphasize that use of either the Whatcom County or Yakima facilities will not preclude participation in either current or to-be-determined alternatives to jail. I am committed to finding the best solutions for reducing incarceration in our community, and that includes examining all options. Our goal is to provide a safe community while also addressing some of the underlying issues that create a higher demand for jail services. I am optimistic that together we can create a community solution that meets all of our goals.

This story was originally published December 5, 2015 at 4:01 PM with the headline "Civic Agenda: Jail alternatives need support as community moves forward."