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HomeMy WebLinkAbout3705Ordinance No. 3705 (Amending or Repealing Ordinances) CFN=0122 — Police & Fire Departments Passed — 8/3/2004 Booking Fee and Inmate Medical Services — Assessment and Collection of Costs (new Secs. 2.34.170 & 2.34.180 and adding new Ch. 9.34) Amended by Ord. 3807 (Sec. 9.34.020) Repealing Ch. 9.34 by Ord. 3919 (and adding new Ch. 9.34) ORDINANCE NO.170 / v5 AN ORDINANCE of the City Council of the City of Kent, Washington, amending the Kent City Code to revise Ch. 2.34 and to add a new Ch. 9.34 relating to the assessment of booking fees and the assessment of a portion of the costs for providing medical care to inmates. RECITALS A. State law permits the City to collect from any person who is booked into the Kent corrections facility a booking fee equal to the actual costs of booking an inmate. B. The City has booked approximately 4,339 inmates per year since 2001. C. The City has determined that it costs approximately forty dollars ($40.00) to book each inmate into the corrections facility, and that it would be in the best interest of the City to collect this booking fee from each inmate booked into the corrections facility. D. While the City of Kent is required by law to provide medical care to inmates who are confined in the Kent corrections facility, state law also permits the City to take steps to recover those medical care costs. 1 Booking Fee and Inmate Medical Services — Assessment and Collection of Costs E. The Finance Department has determined that the average cost to care for an inmate at the corrections facility is one hundred three dollars ($103.00) per inmate. F. It is the desire of the City Council to recover a portion of the cost of providing medical care to inmates and to reduce the incidents of frivolous requests for medical care. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. Ch. 2.34 of the Kent City Code, entitled "Municipal Court," is amended by adding a new subsection 2.34.170 as follows: Sec. 2.34.170. Court may require payment of medical care costs as part of judgment and sentence. A. Assessment of costs. As part of a judgment and sentence, whether executed, suspended, or deferred, the court may order the defendant to pay all or part of the medical care costs incurred by the City during the defendant's confinement in the Kent corrections facility. Such costs shall be as set forth in KCC 9.34.030. B. Proof of care. The inmate medical request form or a medical care document submitted to the court by the City shall be sufficient proof that the defendant received medical care while confined in the Kent corrections facility. In the event the inmate appeals the assessment of the cost, the medical request form or medical care document shall be admitted into evidence to show that the defendant was provided medical care. The court may add the cost of the medical care to any other amounts owed to the court by the defendant. 2 Booking Fee and Inmate Medical Services — Assessment and Collection of Costs C. Collection. All costs assessed pursuant to this section may be collected by the court and may be subject to the collection process utilized by the court for collecting other fines, fees, or costs; provided, that a defendant may appeal the assessment of costs in accordance with KCC 9.34.030. Any costs collected pursuant to this section shall be deposited into an account which shall be used to offset the costs of providing medical care to inmates. SECTION 2. — Amendment. Ch. 2.34 of the Kent City Code, entitled "Municipal Court," is amended by adding a new subsection 2.34.180 as follows: Sec. 2.34.180. Court may assess booking fee. Pursuant to RCW 70.48.390 and KCC 9.34.020, the court may, upon receipt of notice from the corrections facility that a person has insufficient funds in his or her possession at the time of booking or has had insufficient funds deposited with the corrections facility on his or her behalf, assess the booking fee established in KCC 9.34.020 or any remaining balance thereof. Any fees collected pursuant to this section shall be deposited into an account which shall be used to offset the costs of booking inmates into the corrections facility. SECTION 3. —Amendment A new Ch. 9.34, entitled "Corrections Facility," is added to the Kent City Code as follows: CHAPTER 9.34 CORRECTIONS FACILITY Sec. 9.34.010. Reserved. Sec. 9.34.020. Booking fee imposed. A. Fee. Each person who is booked into the Kent corrections facility shall pay a booking fee of forty dollars ($40.00). The booking fee shall be paid to the City of Kent. The booking fee shall be assessed each time a person is booked as a result of being arrested, being taken into custody by order of a court, returning from electronic 3 Booking Fee and Inmate Medical Services — Assessment and Collection of Costs home detention or monitoring, or returning after a temporary release. The booking fee shall not be assessed when an inmate is returned to the corrections facility after a court appearance or medical procedure wherein the inmate remains in custody, or after returning to the corrections facility after completion of a work time credit or work release shift. B. Payment of fee. The booking fee shall be paid immediately from any money then possessed by the person being booked, or from any money deposited with the Kent corrections facility on the person's behalf; provided, that in the event insufficient funds are possessed by the person or deposited on his or her behalf, the corrections facility may notify the court and request that the court assess the booking fee or any remaining balance due. C. Return of fee. If the person from whom a booking fee is collected is not charged, is acquitted, or if all charges are dismissed, the corrections facility shall return the amount collected to the person at his or her last known address as listed in the City's booking records. Sec. 9.34.030. Inmate responsible for portion of medical care costs. A. Payment responsibility. Each defendant confined in the Kent corrections facility shall be responsible for payment of a portion of the cost to provide medical care to him or her while subject to confinement in the corrections facility B. Medical care costs. Each defendant confined in the Kent corrections facility shall be financially responsible for payment of fifteen dollars ($15.00) each time he or she is provided medical care; provided, that a portion of this fee may be waived in the event medical staff determines the inmate has a chronic condition that requires treatment at regular and frequent intervals or an inmate was provided medical care more than one time during any one day for the same condition. In addition, each inmate shall pay ten dollars ($10) for each course of prescription medication that is 4 Booking Fee and Inmate Medical Services — Assessment and Collection of Costs prescribed to the inmate. In the event an inmate requires transport by ambulance to a medical care facility, he or she shall pay the actual costs billed to the City for such transport. C. Notification. A defendant shall be notified that in the event he or she is provided medical care while confined in the Kent corrections facility, he or she shall be responsible for payment of a portion of the cost of that care. The inmate shall also be notified that by receiving medical care, he or she agrees that the costs set forth in this section may be collected by the court and that those costs will be added to any other amount owing to the court, or, in the alternative, that the costs may be collected by seizing the defendant's currency that is being held by the corrections facility, by utilizing the services of a collections agency, or by any other legal means. D. Proof of care. In the event the City chooses to utilize the Kent Municipal Court to collect medical care costs, the City shall submit to the court a document that identifies the inmate's name, date of birth, the date medical care was provided, and the name of the provider to establish that medical care was provided and that the defendant owes a portion of the medical care costs to the City. E. Forfeiture of inmate property. At the discretion of the corrections facility, and as an alternative to other collection methods, the corrections facility may seize a portion of the United States currency that has been identified and recorded as inmate property during an inmate property inventory. To this end, all United States currency in the possession of an inmate, which is recorded upon booking, shall be subject to forfeiture to cover the costs of medical care. F. Appeal. A defendant may appeal the assessment of medical care costs; provided, that the quality of medical care, the manner in which the medical provider administers medical care, and the timing of medical care shall not be subject to appeal. In the event the defendant wishes to appeal the assessment of medical care costs, he or 5 Booking Fee and Inmate Medical Services — Assessment and Collection of Costs she must provide written notice to the Kent corrections facility within five (5) days of receiving such care. The written notice shall state the date the care was provided and must contain a detailed explanation of the reasons for appealing the assessment of costs. In the event the court has been utilized to recover such costs, the defendant's written notice shall be delivered to the court, and the court shall set a hearing to permit the defendant to contest the assessed medical care costs. In the event the court was not utilized to collect medical care costs, the corrections facility shall, in accordance with its administrative appeal process, set an administrative appeal. At any appeal hearing, the defendant shall bear the burden of proving, by a preponderance of the evidence, that he or she is not responsible for the costs. G. No denial of medical care. Under no condition shall medical care be denied or delayed due to an inmate's inability to pay the fees set forth in this section; provided, that nothing in this section shall prevent the City from taking steps to collect medical care costs after care is provided. SECTION 4. — Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION S — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. - (;X W ; d 3 ITE, MAYOR ATTEST: JACOBER, (ITY CLERK 6 Booking Fee and Inmate Medical Services — Assessment and Collection of Costs APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: 3 day of August, 2004. APPROVED: 3 day of August, 2004. PUBLISHED: 7 day of August, 2004. I hereby certify that this is a true copy of Ordinance No. -3Z9 -'T passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. v r�nroxuirv�rvce�e�nckaanm.xrnm<.rsmiaecvsaic..me (SEAL) e, 06k JACOBE , CITY CLERK 7 Booking Fee and Inmate Medical Services — Assessment and Collection of Costs