HomeMy WebLinkAbout010416_ca04Consent Agenda
Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
Philip Morley, County Administrator
FROM: Barbara Carr
Agenda Date: January 4, 2016
RE: Interlocal Agreement between Kitsap County
and Jefferson County — Detention Facilities
STATEMENT OF ISSUE:
Kitsap Youth Center used for detaining our offender youth.
ANALYSIS:
FISCAL IMPACT:
Included in 2016 budget.
RECOMMENDATION:
That the Board approve the agreement and sign 3 originals. A fully executed original will be
returned to the BOCC office upon final execution by AOC.
Philip Morle , C unty Administrator
Date
KC- 483-15
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 of Kitsap and Jefferson enter into this agreement. The parties agree as
follows:
I. GENERAL CONDITIONS
A. Effective Date of Agreement. 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 two years, commencing
upon the execution of this agreement, and terminating on December 31,
2017 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.
D. Completed Expression of Agreement 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.
Jefferson County Juvenile Detention Contract 2015-2017 Page 1
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, 98367 and by
Barbara Carr, Director of Juvenile Services for Jefferson County, PO BOX
1220, Port Townsend, Washington, 98368.
II. SPECIFIC TERMS AND CONDITIONS:
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, to include
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 presenting 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.
(6) Kitsap County will provide five (5) detention beds to Jefferson
County. Of the five (5) detention beds, Jefferson County will
reimburse Kitsap County for two (2) guaranteed 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) non -guaranteed beds, if occupied
by a Jefferson County youth. Regarding those non -guaranteed
Jefferson County Juvenile Detention Contract 2015-2017 Page 2
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 Exhibit B.
III. 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 operational needs of the
Department.
B. Cost for transportation performed by Kitsap County staff under the
circumstances described in Section IIIA above shall be the Internal
Revenue Service mileage rate in effect at the time of the service performed
and the cost of the detention officer.
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 rate in effect at the time the service is
performed.
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 commitment will not be held beyond
his/her sentence or commitment expiration date and time.
Jefferson County Juvenile Detention Contract 2015-2017 Page 3
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 of Kitsap County Youth
Services Center.
D. In the event that a Jefferson County detainee is hospitalized, Kitsap
County will immediately 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 but at no time shall the daily charge
to Jefferson County be less than $200.00 because of the two guaranteed
beds per day that Jefferson County is purchasing. A billable custody day
shall be defined as all or any part of any calendar day.
B. Transport costs shall be reimbursed at the Internal Revenue Service
mileage rate in effect at the time the service is performed.
VI. BILLINGS:
A. Kitsap County 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. INSURANCE/HOLD HARMLESS:
A. Jefferson County is a member of the Washington Counties Risk Pool,
which provides joint self-insurance liability for its member Counties. In
fulfilling its obligation to maintain insurance coverage under this
agreement, Jefferson County shall give Kitsap County written notice thirty
Jefferson County Juvenile Detention Contract 2015-2017 Page 4
(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
attorney's 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 owed to other person(s) from such
loss, damage or injury, caused by or arising from any act or omission of
Jefferson County, or any of its agents, employees, or elected officials,
together will all costs, judgments, reasonable attorney's 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
attorney's 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
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 owed to other person(s) from
such loss, damage or injury, caused by or arising from any act or omission
of Kitsap County, or any of its agents, employees, or elected officials,
together will all costs, judgments, reasonable attorney's fees and expenses
arising therefrom.
VIII. LEGAL REPRESENTATION OF DETAINEE:
Jefferson County shall 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 shall be responsible for notifying Jefferson County as soon as
practicable.
Jefferson County Juvenile Detention Contract 2015-2017 Page 5
IX. APPLICATION OF DETENTION RULES:
Kitsap County Detention Rules and Practices shall 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 shall be released, upon demand, to any
Jefferson County law enforcement officer or officer of the Jefferson
County Juvenile Court.
B. Any Jefferson County detainee shall be released upon written direction or
verified verbal direction of the Jefferson County Juvenile Court or officer
thereof.
XI. NON -DETENTION CUSTODY SERVICES:
Non -detention custody services shall not be affected by this agreement. Court
services, probation services, or the like, shall 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.
Jefferson County Juvenile Detention Contract 2015-2017 Page 6
In witness thereof, the parties hereto have approved and executed this agreement, this
day of 2015.
BOARD OF COUNTY COMMISSIONERS
JEFFERSON COUNTY
Commissioner, Phil Johnson
Commissioner, John Austin
Commissioner, David Sullivan
Attest:
Carolyn Avery, Deputy Clerk of the Board
Approved as to form 'y'
only:
`tel / 0J \.A &N. /Iwwi' -30
Jefferson County Pro
Jefferson County Juvenile Detention Contract 2015-2017 Page 7
In witness thereof, the parties hereto have approved and executed this agreement, this
day of , 2015.
KITSAP COUNTY BOARD OF COMMISSIONERS
EDWARD E. WOLFE, Chair
CHARLOTTE GARRIDO, Commissioner
ROBERT GELDER, Commissioner
ATTEST:
DANA DANIELS, Clerk of the Board
Jefferson County Juvenile Detention Contract 2015-2017 Page 8
Exhibit A
Name:
JUVIS#:
Referral Offense:
Admit Date:
Arresting Agency
KITSAP COUNTY JUVENILE DETENTION
Detention Risk Assessment Instrument (DRAI) — (REVISED 12-13-2012)
RO#
O
Class A-E
Time:
A. OFFENSE (Score only the most serious instant offense)
❑Class A or B felony offense.................................................................................
❑Class C felony offense.........................................................................................
❑Other gross misdemeanors..................................................................................
❑ Misdemeanors......................................................................................................
B. PRIOR OFFENSE HISTORY (Score only the one highest of the following)
❑Felony petition pending or currently on probation for a felony offense ...............
❑Documented escape from secure custody, last 18 months .................................
❑Prior adjudication for B or above felony within last 2 years ................................
❑Prior adjudication on a C felony within the last 2 years ......................................
❑Prior adjudication on two (2) or more D or E offenses within last 2 years.........
❑Documented court FTA within the last 12 months ...............................................
❑Prior adjudication on one (1) D or E offense within the last 2 years ..................
A.
Race: ❑Caucasian
Hispanic
El Native Am
❑Asian ❑
❑African Am
Gender: ❑Male ❑Female
Screener:
10
8
3
2
6
6
5
4
3
2
1
OFFENSE POINTS
B. HISTORY POINTS
Diversions= Count if signed, in progress, or completed
Deferred Disposition Charges= Count while in progress, but not if completed and dismissed
ITC and Drug Court Charges= Do not count while in progress or completed
C. AGGRAVATING FACTORS (Add all that aDDly, uD to 4 Doints
❑Multiple offenses are alleged for this referral...................................................... 1
❑Crime or behavior alleged was particularly severe or violent .............................. 1
❑Confirmed runaway history or minor has no known community ties .................. 1
❑Minor is under the influence of drugs/alcohol at arrest ....................................... 1
C.
D. MITIGATING FACTORS (Subtract all that apply, up to 2 points)
❑Involvement in offense was remote, indirect, or otherwise mitigated ............... -1
❑No arrests or citations within the last year ......................................................... -1
MANDATORY HOLDS (Check as applicable)
❑Minor possessed or used firearm
❑Domestic Violence Assault case age 16+
❑Kitsap County Warrant
❑Other Jurisdiction Warrant/Transfer
[]Crime against family members (DV- to include only assault
and malicious mischief)
RELEASE OVERRIDE:
AGGRAVATION POINTS
D. MITIGATION POINTS
TOTAL RISK SCORE = 0-5 Release 6+ Detain
❑JRA Parole Violations & Holds
❑Minor is a runaway or escapee and arrested for an offense
❑Threats to kill or threat of school violence
❑Contract Hold
❑Out of State Runaway —per Interstate Compact
❑ Override Approved by Supervisor:
Note: Parent / legal guardian refusing to pick up does not qualify for Rel Override
❑Minor is detained because:
DETAIN OVERRIDE: ❑ Override Approved by Supervisor:
❑ The minor is a mandatory release because the Referral Offense (Section A.) is Disrupting School Activities only
❑ The minor is released because:
Exhibit A
INTAKE DETENTION RESULT: ❑Detain ❑Book & Release
Exhibit B
HEALTH SERVICES INTAKE SCREENING FORM Date: Time:
Juvenile Name:
Age:
Legal Guardian:
Phone.
Address:
DOB:
Sex:
POB:
Ethnicity:
JCS #:
Hgt:
Wgt:
Hair:
Eyes:
Yes
Examiner's Observations
1.
Unconscious
Yes
No
2.
Visible signs of trauma or illness requiring emergency medical care
Yes
No
Describe:
3.
Obvious fever, swollen glands, jaundice or evidence of infection.
Yes
No
Describe:
4.
Evidence of cough, coughing up blood, weight loss or night sweats.
Yes
No
Describe:
5.
Poor skin condition, rash, vermin or needle marks.
Yes
No
Describe:
6.
Under the influence of alcohol, or other mind -altering drugs.
Yes
No
Describe:
7.
Visible signs of ETOH or drug withdrawal, i.e. extreme perspiration, pinpoint pupils,
Yes
No
shakes, nausea, vomiting or cramping.
Describe:
8.
Behavior suggesting suicide or assault, i.e. withdrawn, suicidal thoughts, or aggressive
Yes
No
behavior.
Describe:
9.
Carrying medication or reporting being on medication: With you: Y❑ N ❑
Yes
No
List:
10.
Visible signs of physical deformity. (Scars/Marks/Tattoos:)
Yes
No
Describe:
11.
Allergies
Yes
No
Describe:
12.
Have you had a recent head injury?
Yes
No
Describe:
13.
Under the care of a Physician?
Yes
No
With who: For what:
14.
Females: Are you currently pregnant?
Yes
No
Date of last Menstrual Cycle: Method of birth Control:
15.
Temperature:
Screening Officer:
Updated 12/14/12
DO#
Exhibit B
KITSAP COUNTY JUVENILE DETENTION CENTER
HEALTH SERVICES
Parental Consent for Medical Treatment
parent/legal guardian of a
detainee at the Kitsap County Juvenile Detention facility (KCJDF), do hereby give my consent for the routine and/or emergency medical or
dental care and/or immunizations, as deemed necessary by the Health Services staff or the Detention Specialist staff.
-In the event my child develops a medical or dental problem beyond the capabilities of the KCJDF Health Services, I authorize the medical or
dental facility, the medical or dental provider to which my child is referred, to evaluate and treat as indicated.
-I further authorize the medical or dental facility; the medical or dental provider to release such information as may be needed for the
completion of hospital claims, to any insurer or to the KCJDF and Health Services for the determination of follow-up treatment.
-I also agree to be financially responsible for any and all medical and dental care, including prescriptions that may be necessary for my child.
-I further authorize the KCJDF staff, under the direction of the Health Services staff; to administer any approved prescription or over-the-
counter medications, to my child pursuant to the prescribed medical indications and directions on the container. All approved medications
given my child shall be appropriately recorded.
-Emergency medical care will be provided at Group Health Cooperative in Port Orchard, at Harrison Memorial Hospital (HMH) Urgent Care
Clinic, Port Orchard, the Emergency Room, HMH, or the Emergency Room, Naval Hospital, Bremerton, (dependent upon acuteness, urgency
and eligibility for care), unless otherwise specified.
Our family physician is (Name) (Phone#) and, if
possible, should be notified in order to provide emergency and continuing medical care for my child.
This authorization is valid from this date of this authorization until the minor has completed all detention time under this Cause
Number as ordered by the Court, or until the minor has reached thea a of consent.
Medical
I
Contract
I
I
Group
Yes No
Insurance
Number
Yes No
I Number
(If possible, please attach a photocopy of the coupon or insurance card.)
Parent / Guardian / Other
DO#
Date Time
Detention Officer/Probation Officer Date Time
VERBAL Consent
Verbal consent given by , parent or legal guardian of named juvenile
for the medical or dental care listed above by telephone conference with the Detention Intake Officer.
(Two Detention Officers' signatures are required when receiving verbal medical consent)
Detention Officer #1 DO#
Detention Officer #2
Comments
Date: Time:
DO# Date: Time:
Are there any medical problems your child is being treated for?
Yes No
If yes, describe;
Is your child taking any medication?
Yes No
If yes, describe,-
escribe;Is
Isthere any important information we should know about your child?
Yes No
If yes, describe,-
escribe;Does
Doesyour child have any food/drug allergies or require any special needs while in detention?
If yes, describe;
Have visitation times and procedure been explained?
Yes No
Has court time and/or probable cause weekend procedure been
explained?
Yes No
Is the child in special education or does the child have an IEP (Individual Education Plan) at school?
Does the child receive SSI (Supplemental Security Income)?
Does the Child have a DDD (Division of Developmental Disabilities) Case Manager?
Case Managers name:
Updated 12/14/12 - 2 -
Yes No
Yes No
Yes No