HomeMy WebLinkAbout042511_ca04
Consent Agenda
Juvenile Services
Jefferson County
Board of County Commissioners
Agenda Request
To:
Board of County C
Date:
Barbara Carr, Juv nil
;25"
Week of April ~. 20 j
"
Interlocal Agreement een Kitsap County
And Jefferson County - Detention Facilities
From:
Subject:
Statement of Issue:
Kitsap County provides secure detention services for Jefferson County Juvenile
and Family Court Services. This Interlocal Agreement for 2011 Is inclusive of the
arrangement around the transportation for juveniles by Kitsap County Detention
staff.
Analysis:
We are extremely happy with the services/arrangements we have around
detaining Jefferson County youth in the Kitsap Youth Center. A closer
investigation around detention services took place in 2010 and resulted in our
continuing relationship with the Kitsap County Juvenile Court and added the
important benefit of transport.
Alternatives:
Not enter into this Agreement. Kitsap would refuse to serve detention youth from
Jefferson County.
Fiscal Impact:
The expenditures re.lated to this relationship with Kitsap County are already
included in the 20f{. budget of the Juvenile and Family Court.
Recommendation:
That the BaCC sign the 4 originallnterlocal Agreements as presented. I will
then send them to Kitsap County for signature.
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KC-
INTERLOCAL AGREEMENT
BETWEEN
KITSAP COUNTY AND JEFFERSON COUNTY
PROVISION OF JUVENILE DETENTION FACILITIES
Whereas, Kitsap County has and maintains a juvenile detention facility at the
Kitsap County Youth Services Center pursuant to RCW 13, et. seq;
Whereas, Jefferson County does not possess sufficient facilities to lodge youth
under the age of eighteen 18 who are alleged or adjudicated juvenile offenders, BECCA
contempt, or Dependency contempt youth pursuant to the laws of the State of
Washington;
Whereas, it will benefit both Kitsap County and Jefferson County by limiting
costs associated with the detention of Jefferson County youth and helping Kitsap County
to obtain revenue from beds that might otherwise sit empty;
Whereas, Kitsap County is a political subdivision of the State of Washington and
Jefferson County is also a political subdivision of the State of Washington;
Now, therefore, in accordance with the Inter-local Cooperation Act (RCW 39.34),
the counties ofKitsap and Jefferson enter into this agreement. The parties agree as
follows:
I. GENERAL CONDmONS
A. Effective Date of Al!1'eement. The effective date of this agreement shall
be upon execution of this agreement by the parties.
B. Length of Term. The term of this agreement is one year, commencing
upon the execution of this agreement, and terminating on December 31,
2011 unless cancelled by either party or modified by mutual agreement of
the parties.
C. Termination. This agreement may be terminated by either party upon
thirty (30) days written notice to the other party.
-.-9
,
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D. Completed Exnression of Al!1'eement and Modification. The parties agree
that this agreement is the completed expression of the terms hereto, and
any oral representations or understandings not incorporated herein are
excluded. Further, any modification of this agreement shall be in writing
and signed by both parties.
E. Contractor Administrator. This agreement shall be administered for
Kitsap County by William G. Truemper, Jr., Detention Manager for the
Kitsap County Juvenile Department, Kitsap County Youth Service Center,
1338 SW Old Clifton Road, Port Orchard, Washington, 98366 and by
Barbara Carr, Director of Juvenile Services for Jefferson County, PO BOX
1220, Port Townsend, Washington 98368.
II. SPECIFIC TERMS AND CONDmONS:
A. Detention. Kitsap County will provide secure custody/detention for
juveniles detained pursuant to RCW 13, et.seq., in accordance with the
rules, policies, and procedures governing the detention of juveniles.
B. Admission
(1) Youths who are not alleged or adjudicated offenders, CHIN's
contempts, ARY's contempts, or Dependency contempts, shall not
be referred for custody.
(2) Jefferson County shall certify, by the act of presenting a youth for
detention, that the youth is legally detainable. Kitsap County shall
bear no responsibility to screen referrals against Kitsap County
specific detention criteria, a true copy of which is attached hereto
and incorporated herein as Exhibit A, and legal standards for
detention. Jefferson County shall defend and hold Kitsap County
harmless for any legal action resulting from the detention of a
youth wrongfully presented by Jefferson County for detention and
shall pay any judgment assessed against Kitsap County for
wrongly detaining a Jefferson County youth.
(3) Prior to presentitig a youth for detention, Jefferson County shall
contact the detention center and obtain verification that Kitsap
County will accept the youth for detention. All pertinent court
orders concerning a youth being presented for detention shall be
provided to the detention staff at the time the youth is presented for
detention. All known psycho-social history shall be conveyed in
writing to Detention Facility personnel.
(4) Any youth who is unconscious, intoxicated due to alcohol or drugs,
or gravely disabled will not be accepted into detention.
(5) Any youth with significant injuries, or who reports that he or she is
currently experiencing significant medical problems, may be
accepted in detention only when approved fit for detention by a
medical doctor or emergency room medical staff.
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(6) Kitsap County will provide five (5) guaranteed beds to Jefferson
County. Of the five (5) guaranteed beds, Jefferson County will
reimburse Kitsap County for two (2) beds per day, whether
occupied or not by Jefferson County youth. Jefferson County will
additionally reimburse Kitsap County for the third (3rdth), fourth
(4th) and fifth (5th) guaranteed beds, if occupied by a Jefferson
County youth. Regarding those non-guaranteed beds, Kitsap
County reserves the right to release a Jefferson County youth
should overcrowding at the detention facility necessitate such a
release. Jefferson County will make arrangements for pick-up of
such youth.
(7) Should a youth be rejected for admission or released from
detention, Jefferson County shall arrange within six (6) hours of
the time when the youth was rejected or released, to pick up the
youth. The parties will take all reasonable steps to insure that the
pick-up is completed within six (6) hours but it shall not be a
breach of this agreement if the pick-up is not completed within that
six (6) hour time frame.
(8) Jefferson County shall, to the fullest extent practicable, provide all
information regarding its detainees as is routinely required by the
detention facility. Such information shall include any known
accommodation requirements for detainees pursuant to the
Americans with Disabilities Act and the information identified on
the detention facilities' Intake Assessment Record, a true copy of
which is attached hereto and incorporated herein by the reference.
m. TRANSPORTATION:
A. Jefferson County shall assume the financial responsibility for costs
necessary to secure emergent medical evaluations and/or treatment, or
transportation to support the reasonable necessary opemtional needs of the
Department.
B. Cost for transportation performed by Kitsap County staff under the
circumstances described in Section IlIA above shall be the Internal
Revenue Service mileage mte in effect at the time of the service performed
and $28.00 per hour.
C. Jefferson County will be providing transportation for detainees upon
release from custody for any reason.
D. Kitsap County will provide transportation of detainees to and from court
in Jefferson County and after arrest per the mutually agreed upon protocol
for the transport of youth after arrest and for court hearings.
E. Cost for transportation performed by Kitsap County staff under the
circumstances described in Section IIID above shall be the Internal
Revenue Service mileage rete in effect at the time the service is
performed.
.
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F. Jefferson County shall arrange to pick up the detainee within six (6) hours
of notification of the release date and time from the detention center. The
parties will take all reasonable steps to insure that the pick-up is completed
within six (6) hours of the release date and time but it shall not be a breach
of this agreement if the pick-up is not completed within that six (6) hour
time frame.
G. A detainee serving a sentence or co=itment will not be held beyond
his/her sentence or commitment expiration date and time.
IV. MEDICAL TREATMENT
A. KITSAP COUNTY shall provide to Jefferson County detainees at no
additional charge those routine medical services that are provided to other
detainees for which the health care provider does not render a separate
billing for providing care to a specific individual.
B. Jefferson County shall reimburse Kitsap County for dental services,
prescription drugs, and for medical services for which a health care
provider renders a separate billing for providing care to a specific
Jefferson County detainee.
C. Detention orders shall include language giving consent to emergency
medical treatment to the Detention Manager ofKitsap County Youth
Services Center.
D. In the event that a Jefferson County detainee is hospitalized, Kitsap
County will i=ediately contact Jefferson County Juvenile Department.
Jefferson County will determine and notify Kitsap County whether it
requires custodial security during the period of hospitalization. If
custodial security is required, Jefferson County will be responsible for the
cost of the custodial security provided.
V. FEES:
A. The basic fee for detention/custody shall be One Hundred Dollars
($100.00) per day, per detained youth.
B. A billable custody day shall be defined as all or any part of any calendar
day.
C. Transport costs shall reimbursed at the Internal Revenue Service mileage
rate in effect at the time the service is performed.
VI. BILLINGS:
A. Kitsap COWlty shall bill Jefferson County for detention costs on a monthly
basis, or at a time convenient to the financial management of Kitsap
County.
.
B. Bills for mileage related to transport shall be billed on a monthly basis and
on a bill separate from regular detention costs.
C. Jefferson County shall pay all billings in a timely manner, not to exceed
thirty (30) days from the date of billing.
VII. INSURANCElHOLD HARMLESS:
A. Jefferson County is a member of the Washington Counties Risk Pool,
which provides joint self-insurance liability for its member Counties. In
fi11filling its obligation to maintain insurance coverage under this
agreement, Jefferson County shall give Kitsap County written notice thirty
(30) days prior to any modification of its full participation as a member
County in the Washington Counties Risk Pool.
B. Jefferson County agrees to defend, indemnify, and hold harmless Kitsap
County, its appointed and elected officials, employees or agents from and
against all liability, loss, cost, damage, and expense, including costs of
attorneys fees in defense thereof because of actions, claims or lawsuits,
alleging damages sustained by any person or property including death at
any time resulting therefrom, arising from, or alleged to have arisen from
Jefferson County's performance of (or its alleged failure to perform) its
obligations under this agreement, Jefferson County's negligent act or
omissions related to this agreement or as a consequence of any wrongful
or negligent act or omission by a Jefferson County detainee.
C. Further, Jefferson County hereby waives on its behalf any claims and
demands against Kitsap County and agrees to hold Kitsap County free and
harmless from all liability for costs of other person(s) from such loss,
damage or injury, caused by or arising from any act or omission of
Jefferson County, or any ofits agents, employees, or elected officials,
together will all costs, judgments, reasonable attorneys fees and expenses
arising therefrom.
D. Kitsap County agrees to defend, indemnify, and hold harmless Jefferson
County, its appointed and elected officials, employees or agents from and
against all liability, loss, cost, damage, and expense, including costs of
attorneys fees in defense thereof because of actions, claims or lawsuits,
alleging damages sustained by any person or property including death at
any time resuiting therefrom, arising from, or alleged to have arisen from
Kitsap County's performance of (or its alleged failure to perform) its
obligations under this agreement, Kitsap County's negligent act or
omissions related to this agreement or as a consequence of any wrongful
or negligent act or omission by Kitsap County.
E. Further, Kitsap County hereby waives on its behalf any claims and
demands against Jefferson County and agrees to hold Jefferson County
free and harmless from all liability for costs of other person( s) from such
loss, damage or injury, caused by or arising from any act or omission of
Ktisap County, or any of its agents, employees, or elected officials,
.
.>ii ~
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together will all costs, judgments, reasonable attorneys fees and expenses
arising therefrom.
VIIL LEGAL REPRESENl'ATION OF DETAINEE:
Jefferson County sba1l be responsible for responding to detainees' request for
legal assistance or legal representation. If a Jefferson County detainee makes a
request for legal assistance or representation to a Kitsap County detention officer,
or elected or appointed official while detained in the Kitsap County facility,
Kitsap County sba1l be responsible for notifying Jefferson County as soon as
practicable.
IX. APPLICATION OF DETENTION RULES:
Kitsap County Detention Rules and Practices sba1l be applicable, except in cases
of conflict with this agreement. In the event of such conflict, this agreement will
control.
X. RELEASE FROM DETENTION:
A. Any Jefferson County detainee sba1l be released, upon demand, to any
Jefferson County l~w enforcement officer or officer of the Jefferson
County Juvenile Court.
B. Any Jefferson County detainee sba1l be released upon written direction or
verified verbal direction of the Jefferson County Juvenile Court or officer
thereof.
XL NON-DETENTION CUSTODY SERVICES:
Non-detention custody services shall not be affected by this agreement Court
services, probation services, or the like, sba1l continue to be the responsibility of
Jefferson County and are not subject to this agreement
XII. FILING:
The parties will file this agreement with their respective County Auditors Office
and with the Secretary of the State of Washington pursuant to Chapter 39.34
RCW.
..
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In witness thereof, the parties hereto have approved and executed this agreement, this
day of 2011 .
BOARD OF COUNTY COMMISSIONERS
JEFFERSON COUNTY
Commissioner Phil Johnson
Commissioner John Austin
Commissioner David Sullivan
Attest:
LORNA DELANEY, Clerk of the Board
~ to funn ooIy. *-z1 ZPI1
Jefferson County Prosecutor' ce
.
". ~ ".
In witness thereof, the parties hereto have approved and executed this agreement, this
_day of ,2011
KlTSAP COUNTY BOARD OF COMMISSIONERS
CHARLOTTE GARRIDO, Chair
STEVE BAUER, Commissioner
JOSH BROWN, Commissioner
ATTEST:
DANA DANIELS, Clerk of the Board
Exbihi.t .A
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LAW ENFORCEMENT CRITERIA FOR DETENTION
I
Detention Criteria Is Required on New Charges. Please check the appropriate box as well as provide a brie!
Probable Cause narrative.
I 0 Probable FTA Narrative:
o History of prior escapes
o Prior Failure to Appear
o No verifiable home address (may be
parental home or foster care)
0 Runaway report on file
0 Resides out of the county or state
IT 0 Threat to Self Narrative:
o History of mental illness (not currently
symptomatic)
0 History of treatment for mental illness
ill 0 Tbreat to Community Safety Narrative:
0 Weapon in possession
o Threats to harm, including threats to
potential victim
0 Criminal history of A or B offenses within
last year
0 Domestic violence offenses (RCW 10.99)
0 Other
,
IV 0 Interfering with Witness Narrative:
o By phone
o In person
o Through third party
WEEKEND PROBABLE CAUSE INSTRUCTIONS
Weekend:
3 Day Weekend:
Friday, 0000 hours - Saturday, 1600 hours
Friday, 0000 hours - Sunday, 1600 hours
VOICE MAIL: (360) 337-5755
A response to EACH of the following IS MANDATORY to assure that the suspect will remain in custody.
Omission of any item may require the suspect to be released.
Give complete description of aU information available to satisfY each element of the offense.
o Suspect's Name & Date of Birth 0 Datetrbne of Arrest
o Specity Crime of Arrest and Date of Crime 0 Name of Arresting Officer
o Probable Cause for Arrest 0 Borne Number or Pager Number
o Agency Case Number for Arresting Officer
(Number is required to assure that the prosecutor can reach the officer if there are any questions re: probable cause.)
WRITTEN PROBABLE CAUSE STATEMENTS WILL NOT BE ACCEPTED.
Dalal WPS IIBoilcr\IntakeStandards\ReqDet (8fJ/99)
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PROTOCOL
DETENTION OF JUVENILES IN KITSAP COUNTY
Law enforcement officenr arresting a juvllDile in Kitsap County will follow the attacbed guidelines for detaining
juvllDiles.
Regarding medical clearance:
No jtlVllllile will be detained by Kitsap County JU'Cnile Detention if in need of medicallt!tention. Juveniles who are
injured, who are drunk or high on drugs, who are suicidal, will be detained only after an appropriate health care
professional has provided emergency health care and provided the arrestin~fficer with a medical clearance.
Regarding mandatory detentions:
The list of SHOCAP juveniles is on record with each police department and the Sheriff.
SHOCAP juveniles and juveniles with a firearm in violation of state statute or local ordinanCQJld juveniles with an
Escape I, 2 or 3 will be detained until the prosecutur determines sufficiency to charge.
Regarding criteria for detention:
The arresting officer will determine probable oause and thus whether an offense is an A, B, C, D or B. divtible or
not.
The accompanying list of offenses is type coded (BOLDIUPPERCASE PRINT$mall Italic Prin~ Normal Print) to
indicate offenses requiring mandatory detention, mandatory release, and those which may be either released or
detained.
Informatim necessary for applying the criteria, such as prior failure to appear or crIminal history can be obtained by
oa11ing the Kitsap County Juvenile Detention staff at (360) 8767059.
If some information, such as criminal history. remains unknown after the jumile is at detention, the arresting officer
can expect to leave. Detention staff will resolve those ambiguities, and detain or release.
Regarding decision to detain:
Arresting officers should check the reasons for detention on the law enfOl'CllIllent IlSIIlSment chart and leave a copy
with the detention stafL
Arresting officers who are uncertain abont the appropriateness of a detention should cbeck with their supervisor.
Juvenile detention staffwill make an independent assessment of the need for detetion. This assessment will occur
when the juvenile is presented or within a few hours thereafter if some information is not inunediately available.
The Juvenile Court Administrator and his staft'will conduct a several month assessment of this method aftanaging intake
decisions. Data from that assessment will be used by law enfor~ent agencies. judges, prosecutors, and the juvenile conrt
administration to tailor intake decisions to the avaiIability of detentiolSpaCe.
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REQUEST FOR DETENTION
t
Juvenile Arrested:
DOB:
(Last)
(Fiest)
AKA:
Date of Arrest:
CAUSE FOR ARREST/CHARGES:
Location:
(Middle)
Parents notified: Yes
Time:
No
Hours
Check the Appropriate Class Below
Offimse Degree Bail Felony Gross Mis<!. Misd. Date of Offense
AT, CON. PZ. FA. SOL.. COM, DV, wp. SM. DR. om
AT,CON, P2, FA. SOL. COM.DV. \\'P. 8M. D1l.,DUt
AT, CON. P2, FA. SOL, COM" D\'. wp. SM. DR. DU1
AT. CON. PZ, FA. SOl. COM. DV. \\'P. SM. DR. DUJ
(AT = Anempt; CON = COll.<plre: PZ = Protected Zone: FA = Fimnn; SOL = Solicit; COM = Complli:hy. 8M = Se<IIlll Motivation; WP = Weapon; DV = Domestic
VIOIen1:e: DR = Drug Rclated; DUJ = Driving Under tlte Influence)
(Domestic Violence Victim Information (Use INITIALS ONLY for Juvenile Victims)
Victim #1 DOB:
Victim #2 DOB:
TIlE JUVENILE IS TO BE DETAINED AS THE RESULT OF A COURT ORDER, iN THAT:
Warrant No.:
JRA Warrant No.:
Court Order No.:
IF DETENTION IS BEING REQUESTED FOR REASONS OTIlER THAN A COURT ORDER OR PAROLE HOLD,
TIlE REVERSE SIDE OF THIS FORM MUST BE COMPLETED.
Arresting Officer:
Agency:
Badge No.:
Transporting Officer:
Agency:
Badge No.:
Report No.:
Date:
Time:
Hours
Vehicle Impound Location (if applicable):
DO NOT WRITE IN THIS BOX. JUVENILE DETENTION USE ONLY
Comments:
o Approved
o Accepted
o Not Approved
o Not Accepted
Detention Officer:
Acting Lead Workerl Detention SupervisorlDetention Manager:
DlllalWPS IIBoilerlInfBkeStandnrdslReqDet (813/99)
Juvenile's Name: I Date: I Time:
Parent's or Legal Guardian's Name I Phone Number:
Address:
DOB: I Sex: Sentenced: New Intake: JCS #:
Phvslclan: Ph#: JV'. SSII Ref.#:
PIaee of Birth. APe: E_dty: Det ED#:
Hat: WIrt: HaIr. Eves:
Intake Assessment Record
KITSAP COUNTY JUVENILE DETENTION FACILITY
HEALTH SERVICES
INTAKE SCREENING FORM
.. - .-
'!"'.......... - ~'"
1. Unconscious Yes No
..
2- Visible signs of trauma or Illness requiring emergency medical care Yes No
Describe:
3. Obvious fever. ,swo"en,,!tI~ds, Jaundice or evidence of Infectl~. , ,1,"--::. ' ' Yes. No
Describe: .:~.;.: ,. .': ;. ~.
" " ", ....... "
.4. Poor skin coridltlon, rash vermin or needle marks. i Yes ' ,No
" :D~orlbe: " . , . '. ~. ' , . . ';':;;1:;'~ ::.. .... . ,. ~. '.
. ..... .....;.....:p .' , ' . .' -.: .', ...:....., ..;.. .:...., "..to, ~. l! .~: ~ '.' . .,~. .'l':, . .
, ,,11,' 'Under the Infl~~.~ of .i\.1'$'.~01. or other mlnd:-altermg drugs. ~.. . ,<!fee NA
. ~.lH.7: ' "'~ I . .,
'. Describe: . . ... ... .. ......... "
.. .-6. Vlslble.slgns.9f .ETOH oJ::s1~g withdmwal, I.e: extreme persplretlon. plQpolnt pupils, Yes No.
shakes, nausea, vomiting or cramping.
Describe:
7. Behavior suggesting suicide or assault, I.e. withdrawn, suicidal thoughts, or Yes No
aggressive behavior.
Describe:
8. Carrying medication or reporting being on medlcetlon: Yes No
Ust:
9., Visible signs of physical defonnlfy.(ScarslMarksfTattoos:) Yes No
,
Describe:
10. Allergies Yes Nci
-
Describe:
11. Have you had a recent head Injury? . Yes No
;
Describe: ,
12- Under the care of a Physician? Yes No
WIth who: For what: "
, ,
13. Females: Are you currently pregnant? . Yes " No
..
Date of last Menstrual CYcle: Method of birth Control'
14. Temberetura:
examiner's Observations
creenlng Officer:
Pate:
1
~..-...- ~. ,v;:
I Grade:
KlTSAP COUNTY JUVENILE DETENTION CENTER
HEALlH SERVICES
.choor Name:
Parental Consent for Medical Trea1ment
. parentlJegal guardian of . a detainee at the
:itsap County Juvenile Detention fiu::l1ity (KCJDF), do h<<eby give my consent for the routine andlor emergency medical or dental care and
omunizations as deemed necessary by the Health Services staff or the Detention Management staff.
In the event my c:hi1d develops a medical or dental problem beyond the capabilities of the KCJDF Health Services, I anthorize the medical
or dental fiu::IIity, the medical or dental provider to which my c:hi1d is referred, to evaluate and.treat as indicated.
I further anthorize file medical or dental fiu::lIity, the medical or dental provider to release such information as ID!'Y be needed forthe
completion ofhosplta1 claims. to any inanrer or to the KCJDF and Health Services for the determination of follow-up treatment.
I also agree to be financia11y respons:ible for any and all medical and dental care. including prescriptions that I11llY be necessary for my
child.
I further antltorlze the KCJDF staff; und"r.the direction of the Health Services staff; to admj~(ster any approved prescription or over-the-
counter medications, to my cbild pursuanf..to.the prescnOed medical indications llDd directiqnS. on the container. All approved medications
givenmychildsbaI1beappropriately~ed.' . . '.:':':' . . :
EmergeDCY. medical care will be provided lit Group Health Cooperative in Port Orchard, at ~on Memorial Hospital (HMH) Urgent .
.. 'Care Clin!t:,:-Port:~ the l'm~,~ HMIi, or ~ Emetg'?llcy Room, N!lva1.e;~~J3remerton, (depetidJiIrt.!'PO:D aentenesSi .
urgencyandeliglbilityforcar!l).un1esso~!irwisespecjfied. . ..:,;~: : . .. , :'.'
Our family physician is
provide emergency and continuing medical care for my child.
and, ifpoSSible, should be notified in order to
lis authorlzatlou Is vaIId from tIlis date of this authorization ootll the minor has completed all detention time under this Cause
.mber as ordered hv the Conrt. or until the minor has reached the af!e of consent (Rl::f: Bill T s Memo of Ilnl9Sl
adicallnsurance Contract Number I Group Number
. DSHS medical coupons. please give PIC
.mber
possible, please attach a photocopy of the coupon or insurance card.)
Date
TIme
:ent I Guardian I Other
tness
:RBAL Consent
Dl!te
TIme
rbal consent given by _ parent or legal guardian of
for the medical or dental care Ilsted above by telephone conference with the Detention Intake Officer.
YO Detention Officers' signatures. are required when receiving verbal medical consent)
WitnjlSS #1
. Witness#2
. Detention Officer
. Detention OffiCer
Date:
Date:
Time:
Time:
nments:
HLTHSCRN DWhite.DOC Authorized User
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