HomeMy WebLinkAbout3919AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapters 2.34
and 9.34 of the Kent City Code regarding inmate
confinement and Kent Corrections Facility
programs.
RECITALS
A. The Kent Corrections Facility is a nationally accredited jail
which houses adult criminals charged with and convicted of misdemeanant
crimes committed in the City of Kent.
B. Over the years, the various departments within the City that
are involved with the criminal justice system have taken great strides to
work together to formulate policies to effectively manage a growing jail
population. In particular, the Kent Corrections Facility has developed a
number of alternatives to incarceration which are aimed at punishing
offenders, keeping the community safe, and requiring the offender to give
back to the community in which his or her offense was committed. These
programs, which include electronic home detention, work release, work
time credit and day reporting, have proven very successful and have
assisted the City in managing the jail population.
1 Amendments to Ch. 2.34 KCC and
Ch. 9.34 KCC Regarding Confinement
and Corrections Facility Programs
C. The City of Kent has determined that it would be appropriate,
through this ordinance, to codify the various programs available at the
Kent Corrections Facility. The City of Kent has also determined that it
would be in the interests of the City to create an inmate work crew
program. The work crew will be required to provide labor within the city
limits of Kent in order to improve the community in which they committed
a crime. The work crew will not only improve the City, but the labor will
serve as a deterrent to the further commission of crime by the inmates,
and will teach the inmate some amount of work ethic.
D. State law permits a municipal court to require a defendant
convicted of a crime to pay the costs of incarceration. The City has
performed a recent study of the costs of incarcerating an inmate in the
Kent Corrections Facility and has determined that cost to be $92.00 per
day. It would therefore be in the interests of the City to provide a code
section that establishes the cost of incarceration in order to permit the
court to assess that cost.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. -Amendment -Ch. 2.34 KCC. Chapter 2.34 of the
Kent City Code, entitled "Municipal Court," is amended to add new
sections, as set forth below, that establish a description of confinement
and the costs of incarceration:
Sec. 2.34.145. Confinement in general. Any person sentenced
by the municipal court for a commitment or period of confinement at the
Kent Corrections Facility, and who serves such commitment or
confinement at the Kent Corrections Facility may, pursuant to Kent
2 Amendments to Ch. 2.34 KCC and
Ch. 9.34 KCC Regarding Confinement
and Corrections Facility Programs
Corrections Facility policies, be eligible for corrections facility programs or
incarceration alternatives as set forth in chapter 9.34 KCC; provided, the
municipal court may, in its discretion, or upon the motion of any party and
for good cause shown, prohibit the inmate from participating in one or
more programs or incarceration alternatives.
Sec. 2.34.165. Costs of incarceration. Pursuant to RCW
10.01.160, as now enacted or hereafter amended or recodified, the
municipal court may, in its discretion, require a defendant convicted of a
misdemeanor or gross misdemeanor to pay the costs of incarceration.
The per day actual cost of incarceration in the Kent corrections facility is
$92.00.
SECTION 2. -Repealer -Existing Ch. 9.34 KCC. The existing
Chapter 9.34 of the Kent City Code, entitled "Corrections Facility," is
repealed in its entirety.
SECTION 3. -Adoption -New Ch. 9.34 KCC. A new chapter 9.34
of the Kent City Code, entitled "Corrections Facility," is hereby adopted as
follows:
CHAPTER 9.34
CORRECTIONS FACILITY
Sec. 9.34.010. Definitions. The following words, terms, and
phrases shall have the following meanings:
A. "Confinement" shall mean confinement within the corrections
facility, or participation in a corrections facility program.
B. "Corrections facility" shall mean the City of Kent corrections facility.
3 Amendments to Ch. 2.34 KCC and
Ch. 9.34 KCC Regarding Confinement
and Corrections Facility Programs
C. "Corrections staff" shall mean employees of the corrections facility.
D. "Day of work" shall mean a work day pursuant to a work crew or
work time credit program, as such term is defined by corrections facility
policy, but in no case shall be less than six (6) hours of work, and shall be
measured from the time the person is required to arrive at the corrections
facility and shall end when such person is permitted to leave.
E. "Inmate" shall mean any defendant sentenced by the Kent Municipal
Court or another court to serve a period of confinement in the corrections
facility.
F. The terms "jail," "imprisonment," or "commitment" as those terms
are used in a sentencing order of the court, shall mean confinement.
G. "Program" shall mean electronic home detention or monitoring,
work crew, work release, work time credit, day reporting, or other
corrections facility programs as authorized by City ordinance or corrections
facility policy.
H. "Qualifying inmate" shall mean an inmate who meets the conditions
of participation in a corrections facility program as such conditions are set
forth in the corrections facility policies and procedures applicable to such
program.
Sec. 9.34.020. Programs -Policies and procedures. The
corrections facility shall establish policies and procedures for
implementation of various programs. The policies and procedures shall, at
a minimum, make provisions for:
A. The qualifying or disqualifying factors for inmates eligible for
program participation.
4 Amendments to Ch. 2.34 KCC and
Ch. 9.34 KCC Regarding Confinement
and Corrections Facility Programs
B. The manner in which inmates will be selected or ordered to
participate in the program.
C. The safety of the public, inmates, and corrections staff.
D. The security of the inmates during program participation.
E. Inmate behavioral requirements while participating in the program.
F. The implications and punishmeht. of an inmate who fails to
participate in a program after being ordered to do so.
G. The consequences, including but not limited to the loss of good time
credit, for an inmate who does not comply with the behavioral
requirements and rules of the program.
H. The manner in which an inmate can appeal an order by the
corrections facility regarding participation in a program.
I. Tools, personal protective equipment, and supplies to be utilized by
program participants.
J. The cost, if any, for inmates to participate in program.
K. Access to sanitary facilities while performing work on the work crew
program.
L. Transportation to and from the work site for the work time credit
and work crew programs.
Sec. 9.34.030. Corrections facility programs as privilege -
No right to participate -Participation may be required.
A. Participation in programs shall be considered a privilege, and the
inmate shall have no right to participate in such programs. There shall be
5 Amendments to Ch. 2.34 KCC and
Ch. 9.34 KCC Regarding Confinement
and Corrections Facility Programs
no guarantee to any inmate that he or she will be permitted to participate
in any program even after a date for participation is established. In the
event an inmate is accepted in, or ordered to participate in, a program,
and thereafter the program is not available, the inmate may be permitted
to participate in another program for which he or she is eligible, subject to
availability and at the sole discretion of corrections staff.
B. Participation shall be conditioned upon the inmate meeting the
qualifications of such program, and complying with applicable policies and
procedures for such program.
C. The corrections facility may, at its discretion, require an inmate to
participate in a corrections facility program against his or her will.
Sec. 9.34.040. Costs of programs. The City may, pursuant to
resolution or through a budget ordinance, set various fees which may be
required as a condition of participating in a program; provided, the
corrections facility may waive the fees in order to manage the correction
facility's population, or in order to make such programs available to the
indigent.
Sec. 9.34.050. Good time credit -Work day to jail day ratio.
A. Except as provided in subsection (B) of this section, an inmate may
receive good time credit for good behavior in an amount not to exceed
one-third (1/3) of the confinement ordered by the court; provided, such
good time credit may be taken away from the inmate pursuant to
corrections facility policies and procedures.
B. Any inmate who performs work on a corrections facility work crew,
or pursuant to a work time credit program, shall receive credit for three
(3) days of confinement ordered by the court for every one (1) day of
6 Amendments to Ch. 2.34 KCC and
Ch. 9.34 KCC Regarding Confinement
and Corrections Facility Programs
work performed; provided, that such inmate shall not also receive good
time credit on the days of work performed. Partial credit for periods of
less than one (1) day may be given where the inability to complete the full
day of work is not the fault of the inmate, and the inmate has otherwise
complied with the program policies.
Sec. 9.34.060. Electronic home detention. A qualifying inmate
sentenced to a period of confinement at the corrections facility may, at the
discretion of corrections staff and subject to applicable policies and
procedures, serve all or a portion of his or her ordered confinement in a
private residence or another qualifying residence, subject to an acceptable
system of electronic surveillance.
Sec. 9.34.070. Work release. A qualifying inmate sentenced to
a period of confinement at the corrections facility may, at the discretion of
corrections staff and subject to applicable policies and procedures, serve
all or a portion of his or her ordered confinement on a work release
program. Inmates participating in the work release program may,
pursuant to applicable policies or procedures, spend a portion of a 24-hour
period unsupervised and away from the corrections facility while
performing work for the inmate's employer or an agency or party for
which such the inmate is performing community service. The inmate shall
spend the nonworking hours at the corrections facility.
Sec. 9.34.080. Work time credit. A qualifying inmate sentenced
to a period of confinement at the corrections facility may, at the discretion
of corrections staff and subject to applicable policies and procedures,
serve all or a portion of his or her ordered confinement on a work time
credit program. Inmates participating in the work time credit program
may, pursuant to applicable policies or procedures, spend a portion of a
24-hour period away from the corrections facility and under limited
7 Amendments to Ch. 2.34 KCC and
Ch. 9.34 KCC Regarding Confinement
and Corrections Facility Programs
supervision while performing work on a voluntary basis for the City or a
qualifying community service agency. The inmate shall spend the
nonworking hours at the corrections facility. Inmates performing
community service pursuant to the work time credit program shall receive
community service credit towards the payment of their financial
obligations to the court.
Sec. 9.34.090. Day reporting. A qualifying inmate sentenced to
a period of confinement at the corrections facility may, at the discretion of
corrections staff and subject to applicable policies and procedures, serve
all or a portion of his or her ordered confinement on a day reporting
program. Inmates participating in the day reporting program shall,
pursuant to applicable policies or procedures, spend the day under
supervision at the Kent Corrections Facility, or at some other location as
set forth in corrections facility policy, and spend the remainder of the 24-
hour period unsupervised at an approved private residence, subject to
conditions as set forth in the corrections facility's policies and procedures.
Sec. 9.34.100. Work crew in general-Types of work
performed -Limitations.
A. In General. A qualifying inmate sentenced to a period of
confinement at the corrections facility may, at the discretion of corrections
staff and subject to applicable policies and procedures, serve all or a
portion of his or her ordered confinement on a work crew program.
Inmates participating in the work crew program may, pursuant to
applicable policies or procedures, spend a portion of a 24-hour period
performing work under the supervision of the corrections facility at on-site
or off-site locations. The inmate shall spend the nonworking hours at the
corrections facility or under limited or no supervision at another location
as permitted by corrections facility policy.
8 Amendments to Ch. 2.34 KCC and
Ch. 9.34 KCC Regarding Confinement
and Corrections Facility Programs
B. Types of work. A work crew program may be utilized to perform
the following types of work:
1. Garbage, litter, debris, and junk removal from municipal,
state, and federal property, including but not limited to roadways,
roadway easements, sidewalks, trails, open space, wetlands, shorelines,
waterways, steep slopes, parks, and public facilities.
2. Removal and maintenance of invasive and undesirable
vegetation and leaves from municipal, · state, and federal property,
including but not limited to roadways, roadway easements, sidewalks,
trails, open space, wetlands, shorelines, waterways, steep slopes, parks,
and public facilities.
3. Removal of snow, sand, dirt, and debris from municipal,
state, and federal property, including but not limited to roadways,
roadway easements, sidewalks, trails and public facilities.
4. Graffiti removal and repair on state, federal, and municipal
property.
5. General maintenance and repair of municipal, state, and
federal property.
C. Performance of work for other public agencies. The work crew may
perform work at the request of other public agencies. The corrections
facility may, at its discretion, require the public agency to pay a fee for the
utilization of the work crew.
D. Performance of work for private parties or non-profit agencies. The
work crew may perform work that more than incidentally benefits private
parties or non-profit agencies on the condition that the private party or
non-profit agency reimburses the City of Kent for the costs of providing
the work crew and the private party or non-profit agency assumes all risk
and liability exposure of having the work crew perform the work; provided,
9 Amendments to Ch. 2.34 KCC and
Ch. 9.34 KCC Regarding Confinement
and Corrections Facility Programs
that at the discretion of corrections staff, reimbursement may not be
required when the work performed primarily benefits the poor and infirm.
E. Performance of bargaining unit work. The City of Kent will not
utilize a work crew to perform work that is within the body of work of a
recognized City of Kent union, without the prior agreement of City of Kent
union that owns the body of work.
Sec. 9.34.110. Inmate responsible for portion of medical
care costs.
A. Payment responsibility. Each inmate confined in the 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 inmate confined in the corrections facility
shall be financially responsible for payment of fifteen dollars ($15) 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 (1) time during
any one (1) day for the same condition. In addition, each inmate shall
pay ten dollars ($10) for each course of prescription medication that is
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. An inmate shall be notified that in the event he or she
is provided medical care while confined in the 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
10 Amendments to Ch. 2.34 KCC and
Ch. 9.34 KCC Regarding Confinement
and Corrections Facility Programs
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
inmate'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; provided, that prior to forfeiture, the
corrections staff shall provide the inmate with an opportunity to a hearing
to contest the forfeiture of the currency.
F. Appeal. An inmate may appeal the assessment of medical care
costs; provided, 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 inmate wishes to appeal
the assessment of medical care costs, he or she must provide written
notice to the 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
11 Amendments to Ch. 2.34 KCC and
Ch. 9.34 KCC Regarding Confinement
and Corrections Facility Programs
of costs. In the event the court has been utilized to recover such costs,
the inmate's written notice shall be delivered to the court, and the court
shall set a hearing to permit the inmate 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
inmate 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 5. -Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage as provided by law.
ATTEST:
12 Amendments to Ch. 2.34 KCC and
Ch. 9.34 KCC Regarding Confinement
and Corrections Facility Programs
APPROVED AS TO FORM:
PASSED: ___ day of June, 2009.
APPROVED: _ _,___day of June, 2009.
PUBLISHED: f!_O day of June, 2009.
I hereby certify that this is a true copy of Ordinance No. -"""'---__,__,~
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
P:\Clvil\Ordlnance\SentenclngOrdinance-JallPrograms&IncarceratlonCosts.doc
13 Amendments to Ch. 2.34 KCC and
Ch. 9.34 KCC Regarding Confinement
and Corrections Facility Programs