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1. What's in the Justice Project Implementation Plan?

Building from the recommendations of the Justice Project Needs Assessment, the Implementation Plan lists five (5) key strategies and fifteen (15) projects, including: 

• Ensuring oversight, accountability, and transparency
• Increasing access to behavioral health services
• Building the array of facilities needed to promote public safety and health
• Expanding the capacity of programs to reduce incarceration/reincarceration
• Making systems changes with local, regional, and state partners

Read the full Implementation Plan. 

2. Who is guiding the work of the Justice Project?

The Justice Project began with a Council-appointed Stakeholder Advisory Committee (SAC) tasked with guiding the development of a Needs Assessment report. The SAC had 38 voting members including individuals with lived experience in the criminal legal system, mental health and substance use disorder providers, housing specialists, criminal justice advocates, as well as key city and county leaders.

The next step, which was to create an Implementation Plan, was led by the Executive’s Office with guidance from the Incarceration Prevention and Reduction Task Force (IPRTF) acting as the Law and Justice Council (LJC) for Whatcom County. The IPRTF has been working since 2015 to provide resources to address the underlying causes of incarceration in order to lead people out of the criminal legal system and into supportive services, reducing the chances of reincarceration. The Justice Project – including the Needs Assessment and the subsequent Implementation Plan – has also been guided by input gathered through community focus groups, workshops, surveys, and listening sessions.

On June 12, 2023, the IPRTF endorsed the Draft Implementation Plan as ultimately approved by the County Executive and County Council. The Draft Implementation Plan then moved under the direction of the Executive and County Council. Councilmembers discussed the draft Implementation Plan during a reoccurring series of Committee of the Whole Justice Project Workshops. Workshop materials and information are available here. During a special meeting on June 26, 2023, County Council approved the Implementation Plan as amended. 

3. What is the timeframe for proposed projects in the draft Implementation Plan?

The Implementation Plan identifies key projects and actions that can be taken in the next 1-3 years. Some projects are already underway, but others will take longer to accomplish and may not be completed within the 1-3 year timeframe.

View the Implementation Plan, including a list of projects that can be started in year one.

4. How is the work of the current Justice Project different than previous efforts and ballot measures?

In the past, there was an assessment of the jail facility but not all the complex components that determine who is in the jail, whether enough is being done to keep people out of jail, and how large the jail should be. This time, an in-depth needs assessment was completed under the guidance of a diverse stakeholder group with a large amount of public engagement and feedback, including feedback from priority audiences such as people with lived experience in the criminal legal system. This effort focuses on all the elements that help prevent people from going to jail and keep them from reincarceration. The Implementation Plan was developed in coordination with the Incarceration Prevention and Reduction Task Force, which is made up of service providers, community members, and other key stakeholders who are working to refocus Whatcom County’s approach to public safety around equity, public health, and community safety.

5. How will the public be informed about progress toward implementation plan projects and goals? How will the county be transparent in tracking progress?

The Incarceration Prevention and Reduction Task Force (IPRTF) will establish the Justice Project Oversight and Planning Committee (JPOP) to ensure transparency and facilitate communication with the public.

You can also stay updated on IPRTF news by:

• Signing up for email notifications
• Following the IPRTF on Facebook
• Attending upcoming IPRTF meetings or viewing video/summary of previous meetings

6. How can community members provide feedback, ask questions, and offer input on the Justice Project and Implementation Plan?

Public comment on the Justice Project and Implementation Plan has concluded. Thank you to all who shared input and contributed to the development of the plan! 

Past comments on the Justice Project are posted and available for viewing. 

To stay informed on issues relating to the criminal legal system and behavioral health, follow the Incarceration Prevention and Reduction Task Force (IPRTF):

• Sign up for email notifications
• Follow the IPRTF on Facebook  
• Attend an IPRTF meeting  

7. What funding is available for proposed projects in the Implementation Plan?

The various services, facilities, and oversight projects outlined in the Implementation Plan will need to be matched to applicable funding types. Some of the funding is in progress or likely while other sources still need to be identified in order to fill gaps. 

Funding Source	How It Can Be Spent
Proposed new sales tax	1/3 must go to Criminal Justice, 2/3 for anything, including the proposed Implementation Plan
State funds	Behavioral Health and Housing facility capital costs (crisis relief and stabilization centers)
County Behavioral Health Fund	Any behavioral health purpose, including Therapeutic Courts, school prevention, community behavioral health services, psychiatric services in the jail, GRACE program.
Medicaid	Healthcare, including behavioral health  services, outside the jail (reimbursement rates are limited)
North Sound Behavioral Health ASO	State and Federal funding for regional behavioral health facilities and services, crisis services, involuntary commitment, co-responder program
Local housing funds	Affordable Housing, rental assistance, shelter and related services
General Fund and existing sales tax	Supports operating costs for existing jail and Work Center

Read about funding possibilities in the Implementation Plan. 

8. What efforts have already been made to increase and enhance services for substance use disorder, mental health, and emergency response in Whatcom County?

Whatcom County Response Systems division of Health and Community Services has a number of programs to support community members facing substance use disorders, mental health challenges, and other emergency situations, including:

• Anne Deacon Center for Hope: The Anne Deacon Center for Hope is an overnight, short-term facility for people having a mental health crisis or needing help with withdrawal from alcohol or other drugs.
• ART: The Alternative Response Team is a behavioral health specialist and a public health nurse that respond to specific non-violent behavioral health 911 calls in Bellingham.
• Co-Responder Program: The Sheriff Co-Responder Team works in close coordination with the Whatcom County Sheriff’s Office and provides a behavioral health specialist to ride along with law enforcement calls when appropriate. The co-responder can also follow up individually with clients to make sure someone in need is connected to services and long-term support.
• GRACE: Ground-Level Response and Coordinated Engagement connects people with complex behavioral health and medical needs who frequently interact with emergency systems to intensive case management.
• LEAD: Law Enforcement Assisted Diversion offers people who have behavioral health needs a path out of the criminal justice system and into intensive case management.
• Mental Health Court: Mental Health Court provides wraparound support to promote engagement in mental health care, recovery, and wellness for individuals with pending charges in the court. A Public Defender may refer them to Mental Health Court as an alternative to incarceration, with a goal of preventing future involvement in the criminal legal system.
• Way Station: In partnership with Unity Care Northwest, PeaceHealth, and Opportunity Council, the Way Station (slated to open in 2024) will serve homeless individuals in need of hygiene, medical and behavioral health services, and/or recuperative respite.  

9. What incarceration prevention and reduction strategies are being implemented?

The Incarceration Prevention and Reduction Task Force (IPRTF) has introduced and helped facilitate a number of strategies to lead people out of the criminal legal system including incarceration alternatives, prevention and diversion programs, and process improvements.

• Some alternatives to incarceration already in use are electronic home detention, work/school release, and work crews.
• Several programs have also been implemented to reduce incarceration including the County’s GRACE and LEAD programs.
• Whatcom County has also developed several specialized courts that offer alternatives to incarceration such as Recovery Court, Family Recovery Court, and Mental Health Court.
• Court and prosecutor systems have also undergone changes with the Superior Court adopting use of the Public Safety Assessment, a pretrial risk assessment tool that helps judges make decisions about releasing or detaining individuals who are waiting for a court date.

Learn more about efforts to reduce the size of the jail population. 

10. How are people with lived experience and BIPOC communities involved in this process?

The Stakeholder Advisory Committee (SAC) included members with lived experience in the criminal legal system as well as representatives of local Tribal Nations. For development of the Needs Assessment report, Justice Project planners sought out the feedback of individuals with lived experience and BIPOC communities through surveys, focus groups, and listening sessions. Learn more about this community engagement process.

To develop the Implementation Plan, seven focus groups and a survey provided feedback from a total of 76 individuals with lived experience in the criminal legal system and/or who are part of BIPOC communities. View a presentation on the findings from the focus groups and survey.

11. Who will provide oversight for Implementation projects?

The Implementation Plan identifies the following recommended structures for oversight:

The Incarceration Prevention and Reduction Task Force (IPRTF) will create a Justice Project Oversight and Planning Committee (JPOP) to help track progress, prepare updates, and provide public communication and engagement. Participants of this committee will include members of BIPOC communities, people with lived experience in the criminal legal system, and service providers.

The Whatcom County Executive will establish a Justice Project Finance Advisory Board made up of representatives from local jurisdictions, police departments, tribes, communities with lived experience in the criminal legal system, the behavioral health system, and IPRTF co-chairs. This board will provide oversight of the funds collected for the construction and operations of the jail and behavioral care center and associated services. The Advisory Board will also ensure fair cost sharing and public transparency.

12. What is the plan for replacing the jail?

Previous studies, such as a 2016 report, concluded the best solution is to build a new jail due to significant building deficiencies, projected costs, and limited space in the current facility. The Stakeholder Advisory Committee (SAC) evaluated current conditions and costs to maintain the main jail facility in consideration with their belief in a healthy and humane jail and determined that the existing facility lacks the capacity to meet the needs of incarcerated people and should be replaced.

There was also common agreement, from the SAC, through IPRTF workshops, and through focus groups with BIPOC communities and people with lived experience, that a new facility needs to reflect a different approach.  

The replacement facility will be designed and built to enable secure detention with integrated services for people who pose a significant threat to public safety. It also will include an array of rehabilitation services and diversion options including facilities and alternatives for lower-risk offenders (e.g., work release).  Behavioral care treatment beds and services would be connected with these facilities as an alternative to incarceration.   

Learn more about facilities recommendations.

13. Will funding a new jail and behavioral health center limit or reduce funding for substance use disorder, mental health, and other wraparound services?

No, there are different funding sources for the various proposed projects, and all of these funding sources will be critical to advancing the projects in the Implementation Plan.

Funding Source	How It Can Be Spent
Ballot measure for new sales tax/bond	1/3 must go to Criminal Justice, 2/3 for anything, including the proposed Implementation Plan
State funds	Behavioral Health and Housing facility capital costs (crisis relief and stabilization centers)
County Behavioral Health Fund	Any behavioral health purpose, including Therapeutic Courts, school prevention, community behavioral health services, psychiatric services in the jail, GRACE program.
Medicaid	Healthcare, including behavioral health services, outside the jail (reimbursement rates and limited)
North Sound Behavioral Health ASO	State and Federal funding for Regional behavioral health facilities and services, crisis services, involuntary commitment, co-responder program
Local housing funds	Affordable Housing, Rental Assistance, Shelter and related services
General Fund and existing sales tax	Supports operating costs for existing jail and Work Center

14. Who is in the Whatcom County Jail, and why are they in jail?

The average combined daily population in the current jail and work center facilities is 325. Approximately 50 percent of the jail population experiences some form of mental illness while roughly 80 percent of the jail population experiences a substance use disorder. Approximately 90 percent of those booked and held in custody have been charged with at least one felony offense. 

Snapshot of Charges from April 24 – May 1, 2023

Classification	Description of Crime	# of People	% of Total Population
A Felony	Murder; bank robbery, robbery, assault, or burglary with deadly weapon	90	28%
B Felony	Robbery; attempted murder; assault (severe bodily harm); assault with car (usually DUI); burglary of home; manufacture/intent to distribute drugs; auto theft; possessing a stolen gun	131	41%
C Felony	Assault First Responder; domestic violence; DUI; attempt to elude police; felony harassment	61	19%
Gross Misdemeanor	Assault (usually in domestic violence); DUI; violate no-contact order; probation violation	39	12%

View the “Who’s in Jail” presentation for a more detailed breakdown of jail population statistics. 

15. Why are people in the jail pretrial?

Most individuals in the jail are awaiting trial after judicial review. More serious crimes usually take longer to process, and if someone has multiple charges in multiple jurisdictions, the time spent in jail can increase. Most people booked and held in custody have been charged with at least one felony offense.

Some individuals may have failed to appear for court in the past, resulting in a higher bail amount, which they cannot pay. The Superior Court currently uses an evidence-based, statistically valid pretrial risk assessment in making pretrial release decisions.

A small percentage of individuals being held in the jail pre-trial are awaiting competency restoration, which typically requires a wait for a bed at Western State Hospital.

Learn more about factors affecting the size of the jail population and their length of stay.

16. Can the County eliminate bail?

The county does not have the power to make determinations about bail. Changes to the bail system would have to occur at the state or federal level.

Judges in Superior Court currently use a risk assessment tool called the Public Safety Assessment to help make pretrial release decisions. The purpose of this tool is to assess defendants’ risks of failing to appear at future court hearings and determine whether they can be safely released in the community until trial. The Pretrial Processes Work Group, a subcommittee of the Incarceration Prevention and Reduction Task Force (IPRTF) has been investigating the possibility of enabling this tool for use by judges in all Whatcom County Courts.

17. What criteria are used to determine jail size, and how many beds are being proposed?

The current jail facility was originally built in 1984 for 148 people, though it experienced extreme overcrowding in the 1990s with populations over 260. The Interim Work Center, which opened in 2006, has capacity for 150 low-risk individuals, bringing the total number of available beds to 359. The average daily population across the two facilities hit highs of over 400 between 2007 and 2014 prior to many diversion programs being implemented. In May 2023, with booking restrictions in place, the average daily population of the combined facilities was 325.

A new jail and behavioral care center would absorb the population from the current jail and the Interim Work Center, which would then be replaced or repurposed. It would also incorporate a behavioral care center with additional beds.  

In calculating the size for detention facilities, the National Institute of Corrections recommends approximately 20 percent of additional capacity to allow for days with above average needs and accommodation of individuals with different security classifications. Adding 20 percent to the 359 current available beds results in a total of 430 beds. This estimate assumes very little change in the average daily population of people detained (with booking restrictions).

The Stakeholder Advisory Committee (SAC) recommended the jail be right-sized without the use of booking restrictions. Ultimately, requirements about who has to be booked into the jail are established by state code. There are opportunities to release people prior to trial, but that’s at the discretion of the judge. Risk assessment tools can be helpful in determining who can safely await trial outside the jail, and who can participate in diversion programs, thereby reducing the population that is incarcerated.

For the purposes of cost estimation only, a conceptual bed count was defined. Preliminary concepts for the new jail facility account for minimum to high security housing for 400-440 individuals, not including behavioral care center beds, which are estimated to serve 60-75 individuals. A final size (bed count) still needs to be determined.

At the Council’s June 13^th Special Committee of the Whole meeting, Council approved a motion to amend the Implementation Plan to clearly define the equation for calculating the number of beds that will be proposed initially and what triggers expansion. (AB2023-304).

 

18. What are the advantages and disadvantages of each proposed location for a new jail and behavioral health and treatment facility?

The Stakeholder Advisory Committee (SAC) and Incarceration Prevention and Reduction Task Force (IPRTF) are considering the advantages and disadvantages of three county properties as well as horizontal versus vertical designs for the construction of a new facility.   The Civic Center site was eliminated from consideration by the IPRTF because of limited space and high costs. These conceptual costs are only starting places of what would house the people currently incarcerated.  These numbers do not account for population growth, the removal of booking restrictions, or the addition of behavioral care beds and treatment facilities.  

At the Council’s June 13^th Special Committee of the Whole meeting, Council approved a motion to select Labounty as the location for a new correctional facility (AB2023-304).

Jail and Behavioral Care Center Location	Civic Center (near Courthouse, located in parking lot across from current jail)	Irongate (Division St.)	Labounty (off Slater Rd. & I-5)
Size	1.3 acres developable	10.6+ acres, 5 acres developable	39+ acres, 16+ acres developable
Design	Vertical (~7 stories)	Vertical (~5 stories)	Horizontal (1-2 stories)
Distance from Courthouse	Adjacent	9-12 minutes	12-15 minutes
Preliminary Cost Estimate	$207 million	$170 million	$137 million
Advantages	N/A	Co-location with Anne Deacon Center for Hope (Crisis Stabilization Center)	Lower operating costs because of horizontal design; adaptable to changing needs over time; able to co-locate other facilities to create a campus (e.g., behavioral health services, housing services, etc.)

19. What are the cost estimates for all the proposed facilities?

Facility	Expense	Amount	Sources of Funding	Status of Funding
23-hour Crisis Relief Center	Capital funding	$12M	State - $9M already received; Proposed new sales tax - remaining $3M	Very likely In process
	Estimated local share of operational costs	$500,000 - $1M/year	Behavioral Health Fund; New sales tax	Very likely
Jail and Behavioral Health Treatment Center	Capital expenses – detention for low-high risk + space for services	$8 - $10M/year	Proposed new sales tax	Funding needed
	Capital expenses – Behavioral Care Center	$8M	Proposed new sales tax	Funding needed
	Operational costs – behavioral health treatment center	TBD	Proposed new sales tax	Funding needed
Recovery/Supportive Housing	Capital expenses – small recovery/supportive housing	$2M	ARPA Behavioral Health Fund Local housing funds Federal HOME funds (to match state funds when possible)	Likely
	Operational costs – small recovery/supportive housing	$500,000/year	Behavioral Health Fund Local housing funds LEAD grant State funds	Likely
	Capital expenses – large re-entry supportive housing	$2M	Behavioral Health fund Local housing funds (to match $20M+ in state & federal funds)	Likely
	Operational costs – large re-entry supportive housing	$1M/year	State funds Federal funds	Likely

20. How was money from the 2004 tax (ballot measure) spent?

The 0.1% sales tax was approved by voters in November 2004 and implemented in 2005. Funding was directed to “costs associated with financing, design, acquisition, construction, equipping, operating, maintaining, remodeling, repairing, re-equipping, and improvement of jail facilities that house inmates being held, charged, or convicted of misdemeanor or felony acts,” as per RCW 82.14.350. The funding was used to construct a minimum-security work center, which was intended to be a temporary facility while the County planned for a new jail. Although sales tax revenues provided some funding for a new jail, operational costs and jail repairs authorized by the ballot measure resulted in insufficient remaining funds to pay for the costs of designing and constructing a new jail.