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HomeMy WebLinkAbout02 87Publish one time: May 6, 1987 NOTICE OF PUBLIC HEARING ESTABLISHMENT OF JAIL HOUSING FEES FOR CERTAIN ALCOHOL RELATED OFFENSES NOTICE IS HEREBY GIVEN, that the Jefferson County Board of Commissioners will conduct a public hearing on Monday, the 18th day of May, 1987, at the hour of 10:00a.m., in the Commissioners' Chambers, County Courthouse, Port Townsend, Washington, for the purpose of taking comments on the following proposed Ordinance establishing Jail Housing fees for certain alcohol related offenses: DATED this 'day of May, 1987. JEFFERSON COUNTY BOARD OF COMMISSIONERS Larry W. Dennison, ChairlWan'`"''b""' ORDINANCE NO. 2-87 ESTABLISHING JAIL HOUSING FEES FOR CERTAIN ALCOHOL RELATED OFFENSES WHEREAS, R.C.W. 70.48.380 authorizes the legislative authority of a county that has a "special detention facility" used for housing persons convicted of driving while under the influence of intoxicating liquor or drugs, may establish a reasonable fee schedule to cover the cost of housing in said facility; and WHEREAS, it has been determined by the Washington State Corrections Standards Board that the "work release" portion of the Jefferson County Jail meets the requirements of a "special detention facility" as defined under R.C.W. 70.48.020(3), now, therefore, IT IS HEREBY ORDAINED, by the Jefferson County Board of County Commissioners that: SECTION I PURPOSE AND FINDINGS THE PURPOSE, of this Ordinance is to establish a fee schedule for housing persons convicted of violating R.C.W. 46.61.502 or 46.61.504 in county special detention facilities, as authorized by 4 vi?i_ 13 i a- ORDINANCE NO. 2-87: JAIL HOUSING FEES FOR CERTAIN ALCOHOL RELATED OFFENSES R.C.W. 70.48.380. The County Commissioners find that the fees set out in Section II are reasonably calculated to cover daily housing costs with due regard for ability to pay. SECTION II FEE SCHEDULE A. A person convicted of violating RCW 46.61.502 or 46.61.504 who is housed in a County Special Detention Facility shall pay a daily housing fee according to the following schedule: Income Daily Fee Within income and other eligibility standards for financial or medical 0 assistance from the Washington State Department of Social and Health Services Between 100 and 200 percent of income eligibility standards, and otherwise eligible, for financial or medical $25.00 assistance from the Washington State Department of Social and Health Services. Not within the above categories $50.00 B. The daily fee set out in (A) of this section shall be assessed for the first two days of detention only. Funds will be collected by Jail Personnel at booking and turned in to the General Fund monthly with work release funds. C. In this section, "special detention facility" has the meaning set out in RCW 70.48.020. SECTION III EFFECTIVE DATE nance shall take effect July 1, 1987. Lis 16 day of May, 1987. JEFFERSON COUNTY SEAL BOARD OF COMMISSIONERS ATT ST: erdine C. Bragg, Clerk of the Board APPROVED AS TO FORM: n F . Ra mora rosecuting At Larry !�-/ TennisYfn, Chairman B.G. Brown, Member George C. rown, Member `? Fa�� � 884 i! 'I PAGE: 2 NOTICE OF PUBLIC HEARM6 ESTABLISHMENT OF JAIL HOUSING FEES FOR CERTAIN ALCOHOL RELATED OFFENSES ff C B d f C —;.-(it of Publication NOTICE I3 HEREBY GIVEN, that the .te erson ounty oar o om sioners will conduct a public hearing on Monday, the 18th day of May, 1987, at the hour of 10:00 a.m., in the Commissioners' Chambers, County Court. GTON) ss house, Port Townsend, Washington, for the purpose of taking comments on ;SON) the following proposed Ordinance establishing Jail Housing fees for certain alcohol related offenses: , being sworn, says he is the publisher of DATED this Atli day of May, 1987, soder, a weekly newspaper which has Jefferson County, Board of Commissioners dished in the English language and cir- is a weekly newspaper in the town of B.G. Brown, Member I County and State, and for general cir- Gearge C. Brown, Member for more than six (6) months prior to the Larry W. Dennision, Chairman ition of the Notice hereto attached, and ORDINANCE NO. _ msend Leader was on the 27th day of ESTABLISHING lAlt HOUSING FEES as a legal newspaper by the Superior I County, and that annexed is true copy FOR CERTAIN ALCOHOL REALTED OFFENSES WHEREAS, R.C.W. 70.48.380 authorizes the legislative authority of a county that has o "special detention facility" used for housing persons con- _ public Hearing victed of driving while under the influence of intoxicating liquor or drugs, may invent Of jail establish a reasonable fee schedule to cover the cost of housing in said facility; _eeS for certain and WHEREAS, it has been determined by the Washington State Corrections - ated Offenses Standards Board that the "work release" portion of the Jefferson County Jail meets the requirements of a "special detention facility" as defined under R.C.W. 70.48.020 (31, now, therefore, IT IS HEREBY ORDAINED, by the Jefferson County Board of County Com- missioners that: SECTION I, PURPOSE AND FINDINGS The purpose, of this Ordinance is to establish a fee schedule for housing per- sons convicted of violating R.C.W. 46.61.502 or 46.61.504 in county special detention 'facilities, as authorized by R.C.W. 70.48.380. The County Commis- sioners find that the fees set out in Section II are reasonably calculated to a regular and entire issue of said paper cover daily housing costs with due regard for ability to pay, pplement thereof for a period of SECTION II, FEE SCHEDULE A. A, person convicted of violating RCW 46.61 .502 or 46.61 .504 who is _consecutive weeks, beginning on the housed in a County Special Detention Facility shall pay a daily housing fee ac- cording to the following schedule: y of May 19 $ Income Daily Fee 6th day of i,Iay Within income and other eligibility standards for financial or medical assistance from the Washington State Department of aid newspaper was regularly distributed Social and Health Services 0 uring all of this period. That the full Between 100 and 200 percent of income eligibility standards, and —"has been paid in fu ,iat the rate of otherwise eligible, for financial or medical asistance from the each insertion. / Washington State Department of Social and Health Services. $25 Not within the above categories S50 B. The daily fee set out in (A) of this section shall be assessed for the first two days of detention only. Funds will be collected by Juil Personnel at booking `n to;b'efore me this 6th."=T day of and turned in to the General Fund monthly with work release funds.+' - C. In this section, "special detention facility" has the meaning set out in RCW 70.48.020. SECTION III, EFFECTIVE DATE rY This ordinance shall take effect July 1, 1987. Signed this day of May, Pu is in artd fol tke Sfate of Was gfop, reeding at.Port Townsend 1987. l,. Seal JEFFERSON COUNTY BOARD OF COMMISSIONERS " ,� Oar ATTEST: Larry W. Dennision, Chairman Jerdine C. Bragg, B.G. Brown, Member Clerk of the Board George C. Brown, Member Approved as to. form: John F. Raymond, Prosecuting Attorney 13 fw 0 isc DRAFT ORDINANCE JAIL HOUSING FEES FOR CERTAIN ALCOHOL RELATED OFFENSES BE IT ORDAINED: Section 1. . A new chapter is added to Title of the Jefferson County Code as follows: Sections: Chapter COUNTY JAIL HOUSING FEES Purpose and Findings Fee Schedule Purpose and Findings. The purpose of this chapter is to establish a fee schedule for housing persons convicted of violating RCW 46.61.502 or 46.61.504 in county special detention facilities, as authorized by RCW 70.48.380. The County Commissioners find that the fees set out in section are reasonably calculated to cover daily housing costs with due regard for ability to pay. Fee Schedule. (a) A person convicted of violating RCW 46.61.502 or 46.61.504 who is housed in a county special detention facility shall pay a daily housing fee according to the following schedule: Income Daily Fee Within income and other eligibility standards for financial or medical 0 assistance from Department of Social and Health Services e Between 100 and 200 percent of income eligibility standards, and other- wise eligible, for fiancial or $25 medical assistance form Department of Social and Health Services Not within the above categories $50 (b) The daily fee set out in (a) of this section shall be assessed for the first two days of detention only. Funds will be collected by Jail Personnel at booking and turned in to the General :Fund monthly with work release funds. (c) .In this section, "special detention facility" has the meaning set out in RCW 70.48.020. Section 2. This ordinance shall take effect July 1, 1987. Jefferson County Commissioners airman 70.48.310 Title 70 RCW: Public Health and Safety renovation bond retirement fund an amount equal to the amount certified by the state finance committee to be due on the payment date. The owner and holder of each of the bonds or the trustee for any of the bonds may by mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section. If a state general obligation bond retirement fund is created in the state treasury by chapter 230, Laws of 1979 ex. sess., and becomes effective by statute prior to the issuance of any of the bonds authorized by this chapter, the retirement fund shall be used for purposes of this chapter in lieu of the jail renovation bond retire- ment fund, and the jail renovation bond retirement fund shall cease to exist. [ 1979 ex.s. c 232 § 7.] 70.48.320 Bonds legal investments for public funds. The bonds authorized in this chapter shall be a legal in- vestment for all state funds or for funds under state control and for all funds of any other public body. [ 1979 ex.s. c 232 § 8.] 70.48.330 Jails to meet commission standards Exception. All cities or counties which accept funding for jail remodeling or new construction under this chap- ter shall certify to the commission that the facility to be built shall, upon opening, meet all mandatory custodial care standards adopted by the commission under RCW 70.48.050. The commission shall not make funding un- der this chapter contingent on compliance of the existing jail facility with standards adopted under RCW 70.48- .050. [1981 c 276 § 5.1 70.48.370 Special detention facilities Mandatory custodial care standards Restrictions. Mandatory custodial care standards adopted under RCW 70.48.050 for special detention facilities shall be limited to those necessary to meet minimum legal requirements for health, welfare, and security for low-risk prisoners con- sidering the length of stay and the prisoner classification involved. The standards shall not incorporate standards applicable to correction and detention facilities except where specifically justified. [ 1983 c 165 § 35.] Legislative finding, intent—Effective dates--Severability- 1983 c 165: See notes following RCW 46.20.308. 70.48.380 Special detention facilities Fees for cost of housing. The legislative authority of a county or city that establishes a special detention facility as de- fined in RCW 70.48.020 for persons convicted of violat- ing RCW 46.61.502 or 46.61.504 may establish a reasonable fee schedule to cover the cost of housing in the facility. The schedule shall be on a sliding basis that reflects the person's ability to pay. [ 1983 c 165 § 36.1 Legislative finding, intent—Effective dates—Severability- 1983 c 165: See notes following .RCW 46.20.308. 70.48.400 Sentences to be served in state institu- tions—When—Sentences nstitu- tions When Sentences that may be served in jail Financial responsibility of city or county. Persons sentenced to felony terms or a combination of terms of [Title 70 RCW—p 641 more than three hundred sixty-five days of incarceration shall be committed to state institutions under the au- thority of the department of corrections. Persons serving sentences of three hundred sixty-five consecutive days or less may be sentenced to a jail as defined in *RCW 70- .48.010. All persons convicted of felonies or misdemean- ors and sentenced to jail shall be the financial responsibility of the city or county. [1984 c 235 § 1.] *Reviser's note: This reference should read "RCW 70.48.020," the section that defines "jail." Effective dates 1984 c 235: "Section 5 of this act [RCW 70.48- .4401 is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately [March 27, 1984]. The remainder of this act shall take effect July 1, 1984." [1984 c 235 § 10.] 70.48.410 Financial responsibility for convicted fel- ons. Persons convicted of a felony as defined by chapter 9A.20 RCW and committed to the care and custody of the department of corrections shall be the financial re- sponsibility of the department of corrections not later than the eighth day, excluding weekends and holidays, following sentencing for the felony and notification that the prisoner is available for movement to a state correc- tional institution. However, if good cause is shown, a su- perior court judge may order the prisoner detained in the jail beyond the eight-day period for an additional period not to exceed ten days. If a superior court orders a convicted felon to be detained beyond the eighth day following sentencing, the county or city shall retain fi- nancial responsibility for that ten-day period or portion thereof ordered by the court. [ 1984 c 235 § 2.] Effective dates 1984 c 235: See note following RCW 70.48.400. 70.48.420 Financial responsibility for persons de- tained on parole hold. A person detained in jail solely by reason of a parole hold is the financial responsibility of the city or the county detaining the person until the six- teenth day, at which time the person shall become the financial responsibility of the department of corrections. Persons who are detained in a jail on a parole hold and for whom the prosecutor has filed a felony charge re- main the responsibility of the city or county. [ 1984 c 235 § 3•] Effective dates -1984 c 235: See note following RCW 70.48.400. 70.48.430 Financial responsibility for work release inmates detained in jail. Inmates, as defined by RCW 72.09.020, who reside in a work release facility and who are detained in a city or county jail are the financial re- sponsibility of the department of corrections. [ 1984 c 235 § 4.] Effective dates -1984 c 235: See note following RCW 70.48.400. 70.48.440 Office of financial management to estab- lish reimbursement rate for cities and counties Rate until June 30, 1985 --Re-establishment of rates. The office of financial management shall establish a uniform equitable rate for reimbursing cities and counties for the (1985 Ed.) 46.61.500 Title 46 RCW: Motor Vehicles Embracing another while driving as reckless driving: RCW 46.61.665. Excess speed as prima facie evidence of reckless driving: RCW 46.61.465. Racing of vehicles on public highways, reckless driving: RCW' 46.61.530. Revocation of license, reckless driving. RCW 46.20.285. 46.61.502 Driving while under influence of intoxicat- ing liquor or drug What constitutes. A person is guilty of driving while under the influence of intoxicat- ing liquor or any drug if he drives a vehicle within this state while: (1) He has 0.10 percent or more by weight of alcohol in his blood as shown by chemical analysis of his breath, blood, or other bodily substance made under RCW 46- .61.506 as now or hereafter amended; or (2) He is under the influence of or affected by intoxi- cating liquor or any drug; or (3) He is under the combined influence of or affected by intoxicating liquor and any drug. The fact that any person charged with a violation of this section is or has been entitled to use such drug un- der the laws of this state shall not constitute a defense against any charge of violating this section. [ 1979 ex.s. c 176 § 1.] Rules of court: Bail in traf is offense cases—Mandatory appear- ance—JCrR 2.09. Severability -1979 ex.s, c 176: "If any provision of this act or its application to any person or circumstance is held invalid, the remain- der of the act or the application of the provision to other persons or circumstances is not affected." 11979 ex.s. c 176 § 8.1 46.61.504 Actual physical control of motor vehicle while under influence of intoxicating liquor or drug What constitutes—Defenses. A person is guilty of be- ing in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if he has actual physical control of a vehicle within this state while: (1) He has a 0.10 percent or more by weight of alco- hol in his blood as shown by chemical analysis of his breath, blood, or other bodily substance made under RCW 46.61.506, as now or hereafter amended; or (2) He is under the influence of or affected by intoxi- cating liquor or any drug; or (3) He is under the combined influence of or affected by intoxicating liquor and any drug. The fact that any person charged with a violation of this section is or has been entitled to use such drug un- der the laws of this state shall not constitute a defense against any charge of violating this section. No person may be convicted under this section if, prior to being pursued by a law enforcement officer, he has moved the vehicle safely off the roadway. [ 1979 ex.s. c 176 § 2.1 Rules of court: Bail in traffic offense cases—Mandatory appear- ance—JCrR 2.09. Severability -1979 ex.s. c 176: See note following RCW 46.61.502. 46.61.506 Persons under influence of intoxicating li- quor or drug—Evidence---Chemical tests Infor- mation concerning tests. (1) Upon the trial of any civil [Title 46 RCW—p 1721 or criminal action or proceeding arising out of acts al- leged to have been committed by any person while driv- ing or in actual physical control of a vehicle while under the influence of intoxicating liquor or any drug, if the amount of alcohol in the person's blood at the time al- leged as shown by chemical analysis of his blood, breath, or other bodily substance is less than 0.10 percent by weight of alcohol in the person's blood, it is evidence that may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor or any drug. (2) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one hundred cubic centimeters of blood. The foregoing provisions of this section shall not be construed as limiting the introduc- tion of any other competent evidence bearing upon the question whether the person was under the influence of intoxicating liquor or any drug. (3) Chemical analysis of the person's blood or breath to be considered valid under the provisions of this section or RCW 46.61.502 or 46.61.504 shall have been per- formed according to methods approved by the state tox- icologist and by an individual possessing a valid permit issued by the state toxicologist for this purpose. The state toxicologist is directed to approve satisfactory techniques or methods, to supervise the examination of individuals to ascertain their qualifications and compe- tence to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the state toxicologist. (4) When a blood test is administered under the pro- visions of RCW 46.20.308, the withdrawal of blood for the purpose of determining its alcoholic content may be performed only by a physician, a registered nurse, or a qualified technician. This limitation shall not apply to the taking of breath specimens. (5) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing administer a chem- ical test or tests in addition to any administered at the direction of a law enforcement officer. The failure or in- ability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer. (6) Upon the request of the person who shall submit to a chemical test or tests at the -request of a law en- forcement officer, full information concerning the test or tests shall be made available to him or his attorney. [ 1979 ex.s. c 176 § 5; 1975 1st ex.s. c 287 § 1; 1969 c 1 § 3 (Initiative Measure No. 242, approved November 5, 1968).] Rules of court: Evidence of breathalyzer tests—JCrR 4.09. Severability -1979 ex.s. c 176: See note following RCW 46.61.502. Severability, implied consent law -1969 c 1: See RCW 46.20-911. Arrest of driver under influence of intoxicating liquor or drugs: RCW 10.31.100. (1985 Ed.)