HomeMy WebLinkAbout4004ORDINANCE NO. tf ooL{
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 9.34
of the Kent City Code, entitled "Corrections
Fac1 llty ," authorizing alternatives to incarceration
of convicted misdemeanants.
RECITALS
A. The Kent Corrections Fac1l1ty houses inmates convicted of
misdemeanor crimes committed m Kent. In addition to requiring inmates
to serve their sentences inside the 1a1I facility, the Kent Corrections Facility
has developed a number of successful programs that are alternatives, or
enhancements, to trad1t1onal incarceration.
B. In June of 2009, the City Council codified the various
programs offered by the Kent Corrections Fac1l1ty in Chapter 9.34 of the
Kent City Code.
C. Chapter 9.34 of the Kent City Code is now in need of
amendments that will better define various terms used throughout the
chapter, clarify that the policies relating to the programs are established
by the Kent Corrections staff, provide that partic1pat1on in programs 1s
sub1ect to the discretion of Corrections staff, expand the work that can be
performed by the work program, and more accurately describe the
1 Amend KCC 9.34
Corrections Facility
additional work credit days that an inmate can earn by serving on a work
program.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. -Amendment. Chapter 9.34 of the Kent City Code is
amended as follows:
Sec. 9.34.010. Definitions. The following words, terms, and
phrases shall have the following meanings:
A. Confinement shall mean confinement within the corrections fac1l1ty,
or participation in a corrections facility program.
B. Corrections facility shall mean the city of Kent corrections fac1l1ty.
C. Corrections staff shall mean employees of the corrections facility.
D. Day of work shall mean a work day pursuant to a work
program.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 tl=1e time the person 1s required to arnve
at the corrections facility and shall end when such person 1s permitted to
leave. The length of a day of work shall be determined by corrections
staff.
2 Amend KCC 9.34
Corrections Facility
E. Inmate shall mean arty-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
erewprograms, work release, work time credit, day reporting, or other
corrections facility programs as authorized by statute, effy--ordinance or
corrections facility policy. A program may be non-supervised, partially
supervised, or supervised.
H. Qualifying mmate shall mean an inmate who meets the conditions of
participation in a corrections facility program as such conditions are set
forth m the corrections fac1l1ty policies and procedures applicable to such
program.
Sec. 9.34.020. Programs -Policies and procedures. The
corrections facility shall establish policies and procedures for the
implementation of the various programs set forth in this chaoter.--=Ffte
policies and 19rocedures shall, at a m1mmum, make prmt'isions for:
A. The qualifying er disqualifying factors for inmates ellg1ale fer
program part1c1pation.
B. The manner in whieh inmates will be selected or ordered to
1
19artic1pate in the program.
c. The safety of the public, inmates, and corrections staff.
3 Amend KCC 9.34
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D. The security of the inmates during program participation.
E. Inmate behavioral requirements while participating in the program.
F. The implications and punishment 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 vi:ho docs not comply ·with the behavioral
requirements and rules of the program.
H. The manner in ·.vhich an inmate can appeal an order by the
corrections facility regarding part1c1pat1on in a program.
I. Tools, personal protective equipment, and sttpplles to be utilized by
program participants.
J. The cost, 1f any, for inmates to part1c1pate in a program.
K. Access to san1taF'y' fac1l1t1es while performing work on the work crew
1 program.
L. Transportation to and from the work site for the ·.vork 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,
participation shall be subject to the discretion of the corrections staff. and
the inmate shall have no nght to part1c1pate in such programs. There shall
4 Amend KCC 9.34
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be 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
part1c1pate 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. Part1c1pation shall be conditioned upon the inmate meeting the
qualifications of Sttffithe program, and complying with applicable policies
and procedures for sttel=tthe program.
C. The corrections facility may, at its d1scret1on, require an inmate to
part1c1pate 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 fac1l1ty may waive the fees or require the inmate to participate
on a work program in heu of payment 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 credit 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.
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Corrections Facility
B. Any inmate who performs work on a corrections facility work erew;
or pursuant to a work time credit program, shall receive credit for tftt:eetwo
f3tdays of confinement ordered by the court for every eFtethree f-±7-day~ of
work performed-'-; provided, that such inmate shall not also receive good
time credit on the days of ·norl< performed._ Partial credtt for periods of
less than one f-±7-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 pol1c1es.
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 pollc1es and
procedures, serve all or a portion of his or her ordered confinement in a
pnvate 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 pol1c1es or procedures, spend a portion of a t'tventy
four (24t hour period unsupervised and away from the corrections facility
while performing work fufat the inmate's qualifying place of
employment.employer or an agency or party for which the inmate is
performing community seP11ce. _The inmate shall spend tfte-non.::workmg
hours at the corrections facility; provided, the inmate may, at the
discretion of the corrections staff, be allowed to attend approved school.
treatment. AA/NA meetings. or appointments.
6 Amend KCC 9.34
Corrections Facility
See. 9.34.989. tflork time eredit. A c;iualifying 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 'Nork time credit
program. Inmates participating m the work time credit program may,
pursuant to applicable policies or procedures, spend a portion of a twenty
four (24) hour period a·1.,iay from the corrections facility and under limited
supervision while performing work on a voluntary basis for the city or a
c;iuahfy1ng 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 obhgat1ons
to the COLI rt.
Sec. 9.34.999. Bey reperting. A qualifying inmate sentenced to
a period of confinement at the corrections facility may, at the d1scret1on of
corrections staff and subject to applicable policies and procedures, serve
all or a portion of his or her ordered confmcment on a da·t reporting
program. Inmates participating m the day reporting program shall,
pursuaAt to applicable policies or procedures, spend the day under
supervision at the Kent corrections facility, or at some other location as set
forth m corrections fae1l1ty policy, and spend the remainder of the twenty
four (24) hour period unsupervised at an approved private residence,
subject to cond1t1ons as set forth m the corrections facility's policies and
procedures.
Sec. 9.34.1889.34.080. Work erewprograms 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 d1scret1on of corrections
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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 'Nork crew program may, pursuant to
ap19l1cable policies or procedures, spend a portion of a t't'venty four (24)
hour period performing work under the superv1s1on of the corrections
facility at on site or off site locations. The inmate shall spend the
nom:;orking hours at the corrections facility or under limited or no
supervision at another locatmn as permitted by corrections facility policy.
There shall be two types of work programs as follows:
1. In-Custody Work Program. An inmate who serves on an in-
custody work program shall spend non-working hours confined at the
corrections facility. The work performed may be within or outside of the
corrections facility and may be at a location other than the corrections
fac1l1ty. During the period of work, the inmate may be supervised. partially
supervised, or not supervised. While confined at the corrections facility,
the inmate may, at the discretion of the corrections staff, be allowed to
attend local court dates or appointments.
2. Out-of-Custody Work Program. An inmate who serves on an
out-of-custody work program shall spend non-working hours at a location
other than the corrections facility. and as approved by corrections staff.
The work performed may be within or outside of the corrections facility and
may be at a location other than the corrections facility. During the period
of work. the inmate may be supervised, partially supervised, or not
supervised,
B. Types of work performed. A work crew program may be utilized to
perform the following types of work:
8 Amend KCC 9.34
Corrections Facility
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 fac1llt1es.
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 fac1llt1es.
3. Removal of snow, sand, dirt, and debris 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 fac1llt1es.
4. Graffiti removal and repair on state, federal, and municrpal
property.
5. General maintenance and repair of municipal, state, and
federal property.
6. Janitorial and landscape services at municipal, state. and
federal property.
7. Any other work as approved by the corrections facility.
C. Performance of work for other public agencies. The work
erewprogram 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 util1zat1on of the work erewprogram.
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Corrections Facility
D. Performance of work for pnvate parties or nonprofit agencies. The
work erewprogram may perform the types of work described in subsection
(-6) above for that more than incidentally benef1tsprivate parties or
nonprofit agencies on the condition that the private party or nonprofit
agency reimburses the city of Kent for the costs of providing the work
-erewprogram and the private party or nonprofit agency assumes all risk
and l1ab11ity exposure of having the work erewprogram perform the work;
provided, that at the d1scret1on of corrections staff, reimbursement may
not be required when the work performed primarily benefits the poor and
infirm.
E. Performance of bargaming unit work. The city of Kent will not utilize
a work erewprogram to perform work that is within the body of work of a
recognized city of Kent union, without the prior agreement of athe 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 cond1t1on 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
10 Amend KCC 9.34
Corrections Facility
ten dollars ($10) for each course of prescription medication that 1s
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 m 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 not1f1ed that by rece1v1ng medical care, he or she
agrees that the costs set forth m this section may be collected by the
court, and that those costs will be added to any other amount owing to the
court, or, m the alternative, that the costs may be collected by seizing the
inmate's currency that 1s be mg held by the corrections facility, by ut1llzmg
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 1dent1f1es 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
1dent1f1ed 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.
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Corrections Facility
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 admmrsters medrcal 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 recervrng such care.
The written notrce shall state the date the care was provrded and must
contarn 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
inmate's written notice shall be delivered to the court, and the court shall
set a hearing to permrt the inmate to contest the assessed medical care
costs. In the event the court was not utilized to collect medical care costs,
the corrections facrlrty shall, in accordance with its administrative appeal
process, set an adminrstrat1ve appeal. At any appeal hearing, the inmate
shall bear the burden of proving, by a preponderance of the evidence, that
he or she 1s 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 inab1l1ty to pay the fees set forth in
this section; provided, that nothing in this section shall prevent the crty
from taking steps to collect medical care costs a~er care is provided.
SECTION 2. -Severability. If any one or more section, subsection,
or sentence of this ordinance 1s held to be unconst1tut1onal or mvalld, such
decision shall not affect the valrdrty of the remaining portion of thrs
ordinance and the same shall remain in full force and effect.
SECTION 3. -Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the Crty Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
12 Amend KCC 9.34
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1
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correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
SECTION 4. -Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after rts passage as provided by law.
ATTEST:
-.......... .... / ,,.
BRENDA JACOBER, CI
-----. ... ..:. ..:. _. ......
• •• '.1 ................. -,.
APPROVED AS TO FORM:
T~A~~y
PASSED: d.._o day of
APPROVED: :L-V day of
PUBLISHED: ~3 day of
I hereby certify that this is a true copy of Ordinance No. t/oo 'f
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 \Cl'(!l\Ordm~ce\Co~-t10n~Facllltv 9 34 Amendment Final dooc -.... _. .-
/,--. -
"./1··------....
13
1 ~SEAL)
CITY CLERK
Amend KCC 9.34
Corrections Facility