HomeMy WebLinkAboutPD16-300 - Original - Yakima County - Inmate Housing - 01/01/2016 i
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w,=„,„G.oN Document
SCANNED
CONTRACT COVER SHEET hate % ' ILO �r
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Yakima County
Vendor Number: 1311147
ID Edwards Number
Contract Number: ��
This is assigned by City Clerk's Office
Project Name: Agreement for Inmate Housing
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Agreement
Contract Effective Date: 1/1/16 Termination Date: 12/31/16
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Diane McCuistion Department: CKCF
Contract Amount:
Approval Authority: ❑ Department Director ® Mayor ❑ City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
As of: 08/27/14
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AGREEMENT FOR INMATE HOUSING 2b1,6
THIS INTERLOCAL AGREEMENT FOR INMATE HOUSING (hereinafter "Agreement") is made and
entered into by and between Yakima County (hereinafter the "County") and the City of rent
(hereinafter the "City'.
WHEREAS, RCW Chapters 39.34 and RCW 70.48 authorize the City and the County to
enter into a contract for inmate housing, and
WHEREAS, the City desires to transfer custody of certain of its inmates to the County to
be housed in the County's corrections facilities during those inmates' confinement, and to
compensate the County for housing such inmates, and
WHEREAS, the County desires to house inmates who would be otherwise in the City's
custody on the terms agreed herein.
NOW, THEREFORE, in consideration of the mutual covenants, conditions, and promises
contained herein, the parties hereto mutually agree as follows:
1. Purpose. The purpose and intent of this Agreement is to establish the terms under
which the County will house City inmates during the calendar year 2016.
2. Definitions.
Business day means Monday though Friday excluding Yakima County standard holidays.
Committing Court means the court that issued the order or sentence that established the
City's custody of a City Inmate.
Detainer — A legal order authorizing or commanding another agency a right to take custody of
a person.
City Inmate means a person subject to City custody who is transferred to County custody
under this Agreement
3. General Provisions. The County shall accept City Inmates according to the terms of
this Agreement and shall provide housing, care, and custody of those City Inmates in the same
manner as it provides housing, care and custody to its own inmates,
The County shall manage, maintain, and operate its corrections facilities in cornpliance with all
applicable federal, state, and local laws and regulations.
4. Right to Refuse or return Xrn"niteb. To the greatest extent permitted by law, the
County shall have the right to refuse to accept a City Inmate or to return a City Inmate to the
City, if the Inmate has a current illness or injury that is listed in Ataaeh€anent A - Medical
AcceptabdKV. The County shall provide notice to [lie City at least one business day prior to
transport.
5. Inmate Transport. Cquntlr '�r ����oried? the county shall hansporc Inmates m and
firom the County's corrections facilities except when weather or other conditions beyond the �
County's control prevent transport. Inewiate transport datE% wiii be. deterndued by tine
amount of inmates the C ty has hmm ed with the Co;hntV.,
Agreement for Inmate Housing 2016
Page 3
The County will pick up and drop off Inmates at a mutually agreed upon destination. In the
event the City wishes the County to pick up and/or drop off a City Inmate at another detention
or correction facility, the City shall notify the County of the location of the Inmate for pick up
and/or drop off.
The City shall provide a written inmate transport list to the County the business day prior to
transport. At the time of scheduling transport if possible, but no later than transport pickup, the
City shall provide to the County the warrant or court order detaining or committing the Inmate,
as well as any order that specifies the Inmate's next court date or sentence to confinement.
The City shall provide a complete copy of each Inmate's records in its possession to the County
prior to transferring custody of the Inmate to the County. The County will not assume custody
of any inmate without a warrant or court order that commits the Inmate to confinement.
Char 'Transported: The City will provide the County a written transport list to the County
the business day prior to delivery. At the time of delivery, the City shall provide the County the
warrant or court order detaining or committing the inmate as well as any order that specifies
the Inmate's next court date or sentence to confinement.
The City shall provide a complete copy of each Inmate's records in its possession to the County
prior to transferring custody of the Inmate to the County. The County will not assume custody
of any inmate without a warrant or court order that commits the Inmate to confinement.
C. Inmate Records. The City shall provide all medical records in its possession to the
County's transport officers prior to the Inmate's departure from the City's detention or
designated detention facility. In the event the Inmate is transported by the City, the City shall
provide all medical records in its possession to the County's booking officer. In the event
additional information is requested by the County regarding a particular Inmate, the County and
City will mutually cooperate to provide the additional information needed.
7. Inmate property. The County shall accept and transport Inmate property in
accordance with Attachment S ® property, and shall be responsible only for inmate property
actually delivered into County possession. The County shall hold and handle each Inmate's
personal property in the same manner it holds and handles property of other County inmates,
In the event a City Inmate is being transported from a City designated detention or correction
facility, it will be the responsibility of the City to dispose of the Inmate's property not delivered
and accepted into County possession. When returning Inmates to the City, the County shall
transport Inmate property according to the provisions of Attachment B — Property, and it shall
be the responsibility of the County to dispose of any of the Inmate's property not transported
with the Inmate.
& Booking. Inmates shall be booked pursuant to the County's booking policies and
procedures. Inmates transported by the City that are not acceptable at booking, will he the
responsibility of the City to transport back to City.
Pursuant: to RCW 70,48.130, and as pars` of the booking procedure, the Department of
Corrections shall obtain general information concerning the :inmate's ability to pay for medical
care, including insurance or other medical benefits or resoru-ces to which a City Inmate is
entitled. The information is to be used for third party billing.
The County and City will attempt to develop a process at City detention facilities for pre-booking
Inmates who are being transferred to the custody of the County.
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Agreement for Inmate Housing -- 2016
pace 2
g. Classification. Inmates shall be classified pursuant to the County's classification
policies and procedures, and within the sole discretion and judgment of the County. The City
shall provide information identified in Attachment C ®Classification, of this Agreement.
10. Housing. Inmates shall be assigned to housing pursuant to the County's policies and j
procedures, and within the sole discretion and judgment of the County. Provided however, that
generally, if a City Inmate's classification qualifies him/her to be housed in the Yakima County
Corrections Center, and there is a bed available at the Yakima County Corrections Center, the
Inmate shall be housed in the Yakima County Corrections Center. Exceptions to this general
provision include circumstances such as: 1) No women are housed at the Yakima County
Corrections Center; 2) Inmates assigned to certain work crews must be housed in the Main Jail
or Annex; 3) Certain programs are available only to Inmates housed in the Main Jail or Annex,;
4) Inmates who will be housed for less than one week will usually be housed in the Main Jail or
Annex.
11, Inmate Work Programs. The County may assign Inmates to work programs such as
inside and outside work crews, kitchen and facility duties, and other appropriate duties.
12. Health Care. The County shall provide in-facility medical care commonly associated
with county corrections operations as guided by American Correctional Association or National
Commission on Correctional Health Care standards.
Inmates shall be responsible for co-payment for health services according to County policy. The
City shall not be responsible to the County for Inmate co-payments. No Inmate shall be denied
necessary health care because of an inability to pay for health services.
The County shall notify the City's designee(s) via e-mail or fax if a City Inmate requires medical
or dental treatment at an outside medical or health care facility. The City shall be responsible to
promptly notify the County of any changes in its designee(s).
The City shall pay for all medical, mental health, dental or any other medical services that are
required to care for the City's Inmates outside YCDOC facilities. Except, the County shall bear
the expense of any such medical care necessitated by improper conduct of the County, or of its
officers or agents.
The County shall notify the City as soon as reasonably possible before the Inmate receives
medical and/or dental treatment outside of YCDOC facilities. The City acknowledges that such
notice may not be reasonably possible prior to emergency care. Lack of prior notice shall not
excuse the City from financial responsibility for related medical expenses, and shall not be a
basis for imposing financial responsibility for related medical expenses on the County.
Outside medical expenses for Inmates housed for more than one jurisdiction shall be divided
equally among those jurisdictions.
:1,3� InNnate Discipline. The C:ourrty shall discipline inrfiates according to tho same policie€:;
and procedures under which other County inmates are disciplined. However, nothing contained
herein shall be construed to authorize the imposition of a type of discipline that: would riot be
imposed on a comparable County inmate, up to and including the removal of earned early
release credits as approved by the City.
14. Removal from County Facilities. Except for work programs or health care, and
during emergencies, Inmates shall not be removed from County facilities without wriY:ei
authorization from the City or by the order of any court having jurisdiction. Other jurisdictions
Agreement for Inmate Housing -- 2016
Paee 3
may "borrow" a City Inmate only according to the provisions of Attachment D — Borrowing.
In the event of the Inmate's emergency removal, the County shall notify the City by email or fax
as soon as reasonably possible. No early release or alternative to incarceration, including
furloughs, home detention, or work release shall be granted to any Inmate without written
authorization by the committing court.
15. Visitation. The County shall provide scheduled visitation for attorneys, spouses, family
and friends of Inmates. Such visitation may be accomplished as provided in Section 24 of this
Agreement.
16. Inmate-Attorney Communication. Confidential telephones or visitation rooms shall
be available to inmates to communicate with their attorneys.
17. Inmate Accounts. The County shall establish and maintain an account for each
Inmate. The County shall ensure family members and others have a reasonable process to add
funds to a City Inmate's account,
Upon returning custody of a City Inmate to the City, the County shall transfer the balance of
that Inmate's account that is not subject to charges, to the Inmate or to the City in the form of
a check or a debit card in the name of the Inmate.
In the event the County contracts with a company/business that furnishes technology for
wireless inmate account crediting (such as Keefee or JPAY) the City may allow the County (or
County's contracted representative) to install the equipment necessary for use of the system.
The City shall not be financially responsible for any aspect of the system, including but not
limited to installation or maintenance costs. The City shall not receive any compensation or
profits for such a system.
18. Detainers. Inmates in a "Detainer" status shall be handled according to Attachment E
— Detainers.
19. Releases. The City shall be responsible for computing and tracking all sentence time
calculations, good time, court dates and release dates. Inmates will be released in accordance
with Attachment F — Inmate Release.
The County shall not transfer custody of a City Inmate housed pursuant to this Agreement to
any party other than the City, except as provided in this Agreement or as directed by the City.
M Escape. If a City Inmate escapes County custody, the County shall notify the City as
soon as reasonably possible. The County shall use all reasonable efforts to pursue and regain
custody of escaped City Inmates, and shall assume all costs connected with the recapture of the
City Inmate.
21. Death. If a City Inmate dies in County custody, the County shall notify the City as soon
as reasonably possible. The Yakima County Coroner shall assume custody of the City Inmate's
body. Unless another agency becomeE; responsible for investigation, YCDOC shall investigate
and shall provide the City with a report of its investigation. The City may participate in tlae
investigation. If another agency becomes responsible for investigation, YCDOC shall liaison or
otherwise facilitate the City's communication with and receipt of repori:s frorn the other agency.
The City shall provide the County with written instructions regarding the disposition of the City
Inmate's body. The City shall pay for all reasonable expenses for the preparation and shipment
of the body. The City may request in writing that the County arrange for burial and all matters
related or incidental thereto and the City shall be responsible for all costs associate with this
Agreement for Inmate dousing �,• 2016
Page 4
request. Except, the County shall bear such expenses necessitated by improper conduct of
County, or its officers or agents.
22. Reporting Requirements, Ordinarily on business days, the County will deliver the
following reports to the JAG, which will disseminate them to the City:
Here Now Report - a report detailing City inmates in YCDOC custody.
Housing Report — a report detailing which city inmates are housed at the Yakima County
Corrections Center.
Custody Report — a report of total inmate populations confined at all YCDOC facilities. It
includes current and historical safety and population data.
Special Housing Report— Identifies city inmates who are in special housing assignments.
23. City's Right of Inspection. The City shall have the right, upon reasonable advance
notice, to inspect County correction facilities where City Inmates are housed at reasonable
times. During such inspections, the City may interview its Inmates and review its Inmates'
records. The City shall have no right to interview inmates housed for other jurisdictions or to
review their medical records, unless it is properly authorized to do so by the inmate or the other
jurisdiction.
24. Technology. The County and City may each permit the other continuous access to its
computer database regarding all City Inmates housed by the County. This continuous access
feature may be accomplished through a computer link between a computer(s) designated by
the City and appropriate computer(s) of the County.
By separate mutual agreement, the County and City may provide video conference capabilities
for personal visiting, professional visiting, pre-trial conferences, arraignments and other court
and conferencing needs.
Red Rate. In consideration of Yakima County's commitment to house City Inmates, the City
shall pay the County based on the Monthly Average Daily Population (MADP) sliding scale:
Mon thlyAvel-age Da fly Population DailyRatePei Itunate
(MADP)
151 - above $48.75
126-150 $49.75 -
101-125 $50.75
'76-100 $51.75
51-75 $52.'75
2G-50 5
0-25 $54,.75
Agreement for inmate Housing -- 2016
Page 5
Fhe Bed Rate includes all in-facility medical, dental (if available), and mental health services. In
the event an inmate requires out of facility medical, dental or mental health services, the City
shall be responsible for the cost of the services.
The County shall not charge a booking fee in connection with housing the City's Inmates.
The City may purchase additional beds, as available, at the then- existing bed rate; however,
the County shall have the right to refuse to accept custody of or house inmates in excess of the
City's minimum bed commitment.
The Daily Fee for inmates housed for more than one jurisdiction shall be divided equally among
those jurisdictions.
25. Billing and Payment. The County shall provide the City with monthly statements
itemizing the name of each City Inmate, the number of days of housing, including the date and
time booked into the County and date and time released from the County and itemization of any
additional charges including a description of the service provided, date provided and reason for
service.
The County shall provide said statement for each month on or about the IOth day of the
following month. Payment shall be due to the County within (30) days from the billing date.
The County may bill the City electronically. Payments not received by the 301h day shall bear
interest at the rate of 1% per month until payment is received.
The Daily Fee for City Inmates housed for more than one jurisdiction shall be divided equally
among those jurisdictions.
26. Duration of Agreement. The duration of this Agreement shall be from January 1,
2016, at 1200 A.M. and shall end at 11:59 P.M., on December 31, 2016 unless otherwise
terminated in accordance with Section 31 of this Agreement. This Agreement may be renewed
for any successive period by written addendum under terms and conditions acceptable to the
County and City.
27. Independent Contractor. In providing services under this Agreement, the County is
an independent contractor and neither it nor its officers, nor its agents nor its employees are
employees of the City for any purpose, including responsibility for any federal or state tax,
industrial insurance, or Social Security liability. Neither shall the provision of services under this
Agreement give rise to any claim of career service or civil service rights, which may accrue to an
employee of the City under any applicable law, rule or regulation. Nothing in this Agreement is
intended to create an interest in or give a benefit to third persons not signing as a party to this
Agreement.
28. Hold Harmless, Defense, and 3ndemnifirc.ation. The County shall hold harmless,
defend, and indemnify the City, its elected officials, officers, employees, and agents from and
against any and all suits, actions, claims, liability, dainacges, judgments, cosi s and expenses
(including reasonable attorney's fees) (also including brat nl: limited to claims related to false
arrest or detention, alleged mistreatment, injury, or death of any City Inmate, or loss or damage
to City Inmate property while in County custody) that result from or arise out of the acts or
omissions of County, its elected officials, officers, employees, and agents in connection with or
incidental to the performance or non-performance of the County's services, duties, and
obligations under this Agreement.
Agreement for Inmate Housing -- 2016
Page 6
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The City shall hold harmless, defend, and indemnify the County, its elected officials, officers,
employees, and agents from and against any and all suits, actions, claims, liability, damages,
judgments, costs and expenses (including reasonable attorney's fees) (also including but not
limited to claims related to false arrest or detention, alleged mistreatment, injury, or death of
any City Inmate, or loss or damage to City Inmate property while in County custody) that result
from or arise out of the acts or omissions of the City, its elected officials, officers, employees,
and agents in connection with or incidental to the performance or non-performance of the City's
services, duties, and obligations under this Agreement.
In the event the acts or omissions of the officials, officers, agents, and/or employees of both
the City and the County in connection with or incidental to the performance or non-performance
of the City's and or County's services, duties, and obligations under this Agreement are the
subject of any liability claims by a third party, the City and County shall each be liable for its
proportionate share of fault in any resulting suits, actions, claims, liability, damages, judgments,
costs and expenses and for their own attorney's fees.
Nothing contained in this Section or this Agreement shall be construed to create a right in any
third party to indemnification or defense.
The County and City hereby waive, as to each other only, their immunity from suit under
industrial insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the
parties hereto.
The provisions of this section shall survive any termination or expiration of this Agreement.
29. Insurance. The County and City shall provide each other with evidence of insurance
coverage, in the form of a certificate or other competent evidence from an insurance provider,
insurance pool, or of self-insurance sufficient to satisfy the obligations set forth in this
Agreement.
The County and City shall each maintain throughout the term of this Agreement coverage in
minimum liability limits of one million dollars ($1,000,000) per occurrence and two million
dollars ($2,000,000) in the aggregate for its liability exposures, including comprehensive general
liability, errors and omissions, auto liability and police professional liability. The insurance policy
shall provide coverage on an occurrence basis.
30. Termination.
A. Mutual Agreement: This Agreement may be terminated by mutual written consent
between the County and City with ninety (90) days written notice to the other party and to the
State Office of Financial Management as required by RCW 70.48.090 stating the grounds for
said termination and specifying plans for accommodating the affected City Inmates.
B. Imperiling Conditions: The City shall have the right to terminate this Agreement where:
1) conditions and/or cirarmstances at Yakima's facilities pra> eni an irnininent risk of serious
injury or death to the City's Inmates [Imperiling Conditions]; 2) the City has sent County written
notice by certified mail, return receipt requested describing with reasonable specificity the
Imperiling Conditions; and 3) the County has failed to cure the Imperiling Conditions within a
reasonable period of tirne, which, unless the parties agree in writing to a longer period, shall be
no more than 30 (lays after the County receives the City's notice. Termination under this
provision shall be effective if and when: 1) after at least 30 days, the County has not cured the
Imperiling Condition(s); and 2) the City has removed its Inmates; and 3) the City has given the
Agreement for Inmate Housing -- 2016
Page 7
County formal written notice of final termination under this provision. After Termination under
this provision the City shall have no further financial obligations under this Agreement.
C. Material Breach: Either party shall have the right to terminate this Agreement if: 1) the
other party is in material breach of any term of this Agreement; 2) the terminating party has
sent the breaching party written notice of its intent to terminate this Agreement under this
section by certified mail, return receipt requested describing with reasonable specificity the
basis for the termination; and 3) the breaching party has failed to cure the breach within ninety
(90) days, unless the parties agree in writing to a longer cure period. Termination shall be
effective upon and the City shall have no further financial obligations under this Agreement
from the date of removal of its Inmates from the Yakima Facility or County's receipt of final
notice that City is terminating the Agreement after the expiration of the cure period, whichever
occurs last.
31. Real or personal Property. It is not anticipated that any real or personal property will
be acquired or purchased by the parties solely because of this Agreement.
32. Equal Opportunity. Neither party shall discriminate against any person on the grounds
of race, creed, color, religion, national origin, sex, age, marital status, political affiliation or belief
or the presence of any sensory, mental or physical handicap in violation of any applicable federal
law, Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with
Disabilities Act (42 USC 12110 et seq.). In the event of the violation of this provision, the other
party may terminate this Agreement immediately.
33. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or in part by the County to any other person or entity without
the prior written consent of the City. In the event that such prior written consent to an
assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of
County stated herein.
34. Non-Waiver. The failure of either party to insist upon strict performance of any
provision of this Agreement or to exercise any right based upon a breach thereof or the
acceptance of any performance during such breach shall not constitute a waiver of any right
under this Agreement.
35. Severability. If any portion of this Agreement is changed per mutual Agreement or any
portion is held invalid, the remainder of the Agreement shall remain in full force and effect.
36. Governing Lawn. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington. Any actions, suit, or judicial or administrative
proceeding for the enforcement of this Agreement shall be brought and tried in the Federal or
Superior Court for the State of Washington in King County
37. Approval and Filing, Each party shall approve this Agreement by resolution, ordinance
or otherwise pursuant to the laws of the governing body Of each party, The alaested signatures
of the City, Manager or Mayor and the Yakima County Cornmissioners below shall constitute a
presumption that such approval was properly obtained. A ropy of this Agreement shall be. filed
with the Yakima County Auditor's Office pursuant, to RCW 39.34.040.
38. General Provisions. Unless otherwise agreed in writing exec:uted by both parties, on
and after January 1, 2016, and so long as this Agreement remains in effect, this document
constitutes the entire Agreement between the City and the County under which the County
Agreement for Inmate Housing a- 2016
pace 8
houses City Inmates, and no other oral or written agreements between the parties shall affect
this Agreement,
No changes or additions to this Agreement shall be valid or binding upon either party unless
such change or addition be in writing and executed by both parties.
The County shall not delegate its duties pertaining to housing City Inmates without the written
consent of the City, which consent shall not be withheld unreasonably.
Any provision of this Agreement that is declared invalid or illegal shall in no way affect or
invalidate any other provision.
In the event the County or City defaults on the performance of any terms of this Agreement and
files a lawsuit, the prevailing party shall be entitled to an award of its reasonable attorney fees,
costs and expenses.
This Agreement may be executed in any number of counterparts.
39. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and
sent or hand-delivered to the parties to their addresses as follows:
TO CITY: Jail Commander, Diane McCuistion
Kent Correctional Facility
1230 South Central Avenue
Kent, WA 98032
TO COUNTY: Ed Campbell, Director
Yakima County Department of Corrections
111 North Front Street
Yakima, WA 98901
Alternatively, to such other addresses as the parties may hereafter designate in writing. Notices
and/or demands shall be sent by registered or certified mail, postage prepaid, or hand -
delivered. Such notices shall be deemed effective when mailed or hand-delivered at the
addresses specified above. _
CITY OF DENT, WA HINGT®N
BY: >a d r'<
0ity,,Ulapag Mayer
By:
l]ity Clerk
Agreement for Inmate Housing -- 2016
Pace 9
Approves; as to form:
By:
City Attorney - -;
YAKIMA COUNTY
I
By:
Print e: i }'
Dat fd 16 Ito
Kevin J. Bouchey
Vice-Chairman
Agreement for Inmate Housing mm 2016
Page 10
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ATTACHMENT A
MEDICAL ACCEPTABILITY
The County shall determine the medical and mental acceptability of inmates for transport using
the following excluding criteria:
1. Blood or fluid present at an open wound site or bleeding from an open wound.
2. Signs of untreated broken bones or dislocated joints.
3. Any injury or illness requiring immediate or emergency medical treatment.
4. Unconsciousness.
5. Inmates unable to stand and walk under their own power.
6. Wheel chair bound individuals.
7. Signs of alcohol toxicity and signs of current or recent use of any intoxicants.
8. Signs of alcohol and/or drug withdrawal.
9. Bed bound individuals.
10. Individuals with attached IV or requiring IV medications.
11. Individuals requiring the use of oxygen tanks.
12. AMA (Against Medical Advice) from the hospital.
13. Individuals having had major invasive surgery within the last 72 hours. Non-invasive
surgery such as oral surgery, laser-eye surgery and minor surgery may be evaluated on a
case by case basis.
14. Post-operative persons who have follow up appointments within the next four weeks.
15. Wounds with drainage tubes attached.
16. Persons with permanent catheters.
17. Open and/or oozing bedsores.
18. Individuals requiring nebulizers who cannot obtain one.
19. Persons with Alzheimer's, dementia or other psychological conditions to the point where
the inmate cannot perform activities of daily living ("ADL's") or who do not have the
capacity to function safely within a correctional environment.
20. Persons who are diagnosed as developmentally delayed and who do not have the
capacity to function safely within a correctional environment or who cannot: perform
ADL's.
21. Female inmates more than 5 months pregnant. Or any female inmate considered a high-
risk pregnancy.
22. Persons undergoing chemotherapy and/or radiation treatment.
23. Persons undergoing dialysis.
Agreement for Inmate Housing -- 2016
Pane 11
24, Persons with the following untreated medical conditions:
a) Heart disease
b) Seizures disorders
c) Insulin dependent diabetes
d) Cancer
e) Asthma
f) Psychosis
g) HIV Positive or AIDS
25. Persons who are HIV positive or have AIDS and are taking anti-viral medications.
26. Persons taking Methadone, or Suboxone, a substitute for Methadone.
27. Persons with suicidal ideations or gestures within the past 72 hours.
28. Person, if prescribed, have not taken psychotropic medications for at least 72 hours.
29. Persons who have attempted suicide within the last 30 days.
30. Persons who have attempted suicide by overdose or ligature strangulation during current
incarceration.
31. Persons displaying current psychotic episode.
32. Persons requiring CPAP machines as prescribed must be transported with the machine.
I
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Agreement for Inmate Housing ® 2016
Page 12
ATTACHMENT B
PROPERTY
County transport personnel will only accept Inmate property as follows:
1. The property shall be sealed in a single property bag no larger than a common paper
grocery bag.
2. Money, valuables, and medications shall be placed in a clear envelope and sealed within
the Inmate's property bag.
3. Checks and documents (court, warrants, etc) shall be attached to the outside of the
property bag.
4. The transporting officer shall account for the property bag and funds being transported.
Yakima County Department of Corrections transport personnel will not accept or
transport the following:
a) Backpacks, suitcases, etc.
b) Unpackaged food products or food products in packaging that has been opened.
c) Any type of weapon (includes pocketknives).
d) Liquids.
e) Any items that will not fit into the property bag.
f) Material deemed to be contraband.
Yakima County will limit property returned with the Inmate to the City according to these
criteria.
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Agreement for Innate Housing nd 2016
Page 13
III
ATTACHMENT C —
CLASSIFICATa®N
The City shall supply the County with the following Classification related information, if it known
to or in possession of the City:
1. If the City Inmate has been classified to a special housing unit and/or if the City Inmate
has been classified as protective custody.
2. If the City Inmate is a violent offender or has displayed violent behavior during present
or past incarcerations.
3. If the City Inmate is an escape risk.
Agreement for I6 mate Housing 2016
Page 14
i
A` TACHMENS' D
BORROWING
One contracting city may"borrow" another contracting city's inmate as follows:
1. If a City requests the transport of another contracting City's Inmate from the County the
requesting City must notify each agency with rights to custody of the Inmate, and if each
agency with rights to custody of the Inmate notifies the County in writing (e-mail) of its
approval, the County shall provide the requested transport. The County will complete a
custody transfer form that lists all outstanding detainers. The custody transfer
paperwork will accompany the inmate.
2. Once custody of the City Inmate has been transferred to another agency, it is the
responsibility of the requesting City to determine whether the City Inmate shall be
returned to the custody of the County, and if so, the requesting City shall make all
necessary and proper arrangements with the County and any agency with rights to
custody of the Inmate, for the Inmate's return according to the terms of this agreement.
3. The County will not track the City Inmate once he or she has left the County's facility.
4. If the Inmate is returned to the custody of the County, the requesting City shall provide
the County with sentencing/charge information. The City shall supply all pre-sentence,
and post-sentence paperwork from agreeing agencies that authorized the borrowing of
the Inmate. This will aid Yakima County in determining split billing and release dates.
S. If the agency requesting to borrow a City Inmate is not in the "Contracting Agency," the
requesting agency will be responsible to make all transport arrangements including all
legal paperwork for the transport with the City of jurisdiction.
6. The County will transport the City Inmate only to a King County city that also contracts
with the County for Inmate housing.
7. Inmates transported by the City, cannot be borrowed out of YCDOC.
Agreement for Inmate Housing -- 20:16
Page 15
ATTACHMENT E
This attachment only applies to Inmates transported by the YCDGC.
WARRANTS/OTHER COURT ORDERS/DETAINERS
1. The following shall apply to City Inmates who are subject to warrants from other
jurisdictions or to other court orders for confinement or detainers. When receiving a City
Inmate, the Transport Officers shall review all paperwork provided by the City for all
grounds to hold the Inmate and ensure that this information is entered into the County's
JMS and Is routed to the Out of County Transport Section Office Specialist.
2. Prior to releasing a City Inmate, the County shall check the NCIC and WACIC systems to
determine if the Inmate is subject to any valid warrants or other detainers.
a) If the Inmate is subject to a warrant that is limited to King County, YCDOC will,
upon receiving written permission (e mail) from the City, transport the Inmate to
the custodial agency for the jurisdiction that issued the warrant. However, Yakima
County will not assume responsibility to serve any such warrants.
b) If the City Inmate is subject to a warrant from a western Washington jurisdiction
outside King County, YCDOC will release the Inmate at the location determined by
written (e mail) agreement of the YCDOC and the City under Section 5 of this
Agreement.
c) If the City Inmate is subject to a warrant from an eastern Washington jurisdiction,
YCDOC will send the Inmate to the custodial agency for that jurisdiction on the
Mini-Chain.
d) If, upon return from YCDOC to the City, the Inmate is subject to a warrant that
provides for statewide extradition, YCDOC will either transport the Inmate to the
detention/correction facility in King County designated by the agency/jurisdiction
that issued the warrant if it is in King County, or will send the Inmate to the
agency/jurisdiction that issued the warrant on the Mini-Chain.
3. City Inmates who have or are subject to Immigration and Custom Enforcement (ICE)
detainers shall be returned to the City, unless the County and City agree in writing
(email) to some other course of action.
Agreement for Inmate 1,11ousing oA 2016
Page 16
ATrACHMENT F
INMATE RELEASE
County transport personnel will release City Inmates as follows:
1. Inside a staffed correction or detention facility (jail).
2. Inside a staffed police agency (sally port or other secured area).
3. Outside of a Law Enforcement Agency when agency personnel, telephone access, and
weather protection (lobby areas) are available to the released Inmate.
4. The County does not transport on Mondays.
5. City Inmates for whom bail is posted, or who otherwise have a right to be released may,
by signed written waiver, choose to remain in custody and return to City by the regularly
scheduled transport, or to be released to a family member or friend, or to the streets of
Yakima.
6. Inmates transported by City must be picked up at least 12-(twelve) hours prior to the
inmate's scheduled release date and time. If the inmate is not picked up before the
scheduled release time, the Inmate will be automatically scheduled to be transported, at
the City's cost to include the addition of transport fees for all days served, on the next
available transport to the City.
I
Agreement for Xn `sate Housing -_ 2016
Page 17
i
Agreement for Inmate Housing—City of Kent
BOARD OF YAKIMA COUNTY COMMISSIONERS
Excused
Michael D. Leita, Chairman
K i . ouchey, Commissioner
J. Rand%Elliott, Commissioner
Constltuiing the Board of County Commissioners
for Yakima County, Washington
ATTEST this day of Approved as to form:
, 20
Tiera L. Girard Stefanie Weigand, Attorney
Clerk of the Board Linda Kay;0"Hara ` Corporate Counsel Division
Deputy Cl, Fm of the Board
� F
BOCC256-2016
August 16, 2016
REQUEST FOR MAYOR'S SIGNATURE
I�EIoiT
Mlsn uc4H
Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW:DEPARTMENT)
Approved by Director_
Originator: Diane MCCuistion Phone (Originator):, 5964'
Date Sent: 7/21/16 Date Required: 7/28/16
Return Signed Document to: Contract Termination Date:'
Jalene King 12/31J16
VENDOR NAME: Date Finance Notified:
Yakima Count (Only required contracts ..16
y 20 000 and over orroon an Grant 7/21/.
DATE OF COUNCIL APPROVAL: Date Risk Manager Notified:
7/19/16 (Required on Non-City Standard Contracts/Agreements)
Has this Document been Spec If'icall Account Number: 10002500.64190.3510
Authorized in the Budget? ® YES NO
Brief Explanation of Document:
Agreement for Inmate Housing
AH Contra t e Routed Through The Law Department
(This,ara o " . t y he aw Department)
Received:
,` .
Approval of Law Dept . Xsar,-
Law Dept Comments:
Date Forwarded to Mayor:
JA y
Shaded Areas To Be Cbm Administration Staff
Received:
yt 3+u
4
Recommendations and Comments:
r
Disposition:
RECEIVED
Date Returned: u + ' `
!
416
imlPm ocittnan in9 eyties�o e)a yeN.d- e4
CITY OF KEN`
CRY CLERK
+