RES 87-12 INCARCERATION OF PERSONSRESOLUTION NO. 87-12
A RESOLUTION APPROVING THE 1987 CONTRACTUAL AGREEMENT
WITH KITSAP COUNTY FOR DETENTION AND INCARCERATION OF
ADULT PERSONS IN THE KITSAP COUNTY CORRECTIONAL FACILITY
WHEREAS, the City of Winslow, Washington, needs a
suitable facility for the detention and incarceration of
adult persons arrested by its police officers or committed to
confinement by its courts; and
WHEREAS, Kitsap County owns and operates a correctional
facility at the county seat in Port Orchard, Washington,
which is suitable for the detention and incarceration of
adult persons; and
WHEREAS, the Council of the City of Winslow, Washington
feel it is in the best interest of providing for the health,
safety, and welfare of the citizens of Winslow to enter into
an agreement with Kitsap County regarding the detention and
incarceration of adult persons;
WHEREAS, the laws of the State of Washington allow such
agreements, pursuant to RCW 70.48.090,
NOW, THEREFORE, be it resolved by the Council of the
City of Winslow, Washington, as follows:
The 1987 Kitsap County Contract for Detention and
Incarceration of Adult Persons in the Kitsap
County Correctional Facility is hereby approved;
a copy is attached as Exhibit A.
PASSED BY THE COUNCIL of the City of Winslow, Washington,
this 19th day of MARCH , 1987.
Alice B. Tawresey ,~
Mayor
ATTEST:
Donna Jean ~uxton
Clerk/Treasurer
CONT~J~CT RE6ARDIN6 THE INCARCERATION OF CITY PRISONERS
:
UHEREAS, KITSAP COUNTY (heroine(tar County) owns and operates a
correctional (acility at the county seat in Port Orchard, ~Jashington,
which is suitable (or the detention and Incarceration o( adult persons;
and
UHEREAS, CITY OF UINSLOU (heroine(tar City) needs a suitable facility
(or the detention and incarceration o( adult persons arrested by it's
police of(Scars or committed to con(inement by it's courts; and
UHEREAS, RCU SB.3~ and RCU ?0.48.0~0 authorize and empauer County and
City to contract with one another regarding the detention end
incarceration o( adult persons;
NOU, THEREFORE, IN CONSIDERATION OF ?HE MUTUAL COVENANTS CONTAINED
HEREIN, IT IS HEREBY AGREED AS FOLLOUS:
Section 1. OETENTION/INCARCERATION. C~nty shall acce~t ~rom City
~or detention and/or incarceration pursuant to the terns of this
Agreement~ provided, there is su(ficient space available in the County
Correctional facility, those adult persont:
a. Arrested, with or without warrant, for a violation of an
ordinance or resolution of City~ or
b. Whcse detention is continued solely on the basis o~ a City
"hold", cr
c. Committed to terms of inprisonment by courts of City; or
d. Arrested or incarcerated for a violation of staie law where one
the (oilcuing circumstances exist:
(1) The state law violation is charged in lieu of a violation
a City ordinanace or resolution ~here such ordinance or resolution is
similar in its prohibi~ion to the s~ate lau violation~
(Z) The state law violalion li charged in lieu of a repealed or
amended City ordinance or resolution where the repeal occurred eubiequent
to the subscription of this agreement and where, at the ~:ime o~ the
repeal, there existed a state law similar in its prohibition and penalty
to the repealed ordinance or resolution.
Section Z. OTHER CRIMES. This mgreement shall not apply to nor
e(fect County's responsibility (or the detention or incarceration of
persons whose acts could not have been prohibited by means o( ~,Jnicipal
ordinance.
Section 3. PAYMENT. For those persons delivered to County by City
pursuant to Section 1, City shall pay County thirty dollars ($30.80) per
person con(ined for each tuenty-(our (14) hours period of con(inement or
portion thereof.
Section 4, MONTHLY BILLINGS. County shall bill City on a monthly
basis. City shall remit upon such bills uithin thirty (30) days o~
receipt.
Section $. OPERATION STANDARDS. County shall operate its
correctional facility in accordance with the standards enunciated in RCU
70.48 and UAC ZBB.
Section B. PRESENTATION FOR CONFINEMENT. Upon presentation of an
individual for confinement or as soon thereafter as is practicable, City
ehall advise the sta{f of the corrections facility of the duration or
other terms of confinement of the given individual. City shall provide a
copy of any uarrant of arrest or commitment.
Section 7. DURATION OF CONFINEMENT. County shall incarcerate
persons received from City until the foilowing occurs:
a. Expiration of the term of confinement as indicated in a warrant
of commitment~ or
b, Upon postin~ of bail; or
c~ For those held upon probable cause uithout ]u dicial process, upon
a directlye from an o~ficer of City to release such person; or
d, For those held upon probable cause without judicial process, upon
the passage of tuo business days; Provided, prior to releaseing any person
pursuant to this subsection, County shall attempt to contact City to
ascertain City's desires with regard to the person,
Section B. REMITTAL OF BAIL MONEYS. County shall remit to City on
a daily basis the moneys received by County as bail from City's prisoners-
Section B. MEDICAL AND DENTAL CARE.
a. County shall provide to City's prisoners at no additional charge
those routine medical services which are provided to other prisoners for
which the health care providsr does not render a separate billing
providing care to a s~eci(iec individual.
b. City shall reimburse County for dental services, prescription
drugs, and for medical services for which a health care provider renders a
separate billing for providing care to a s~eci(ic City prisoner.
Section 10. TRANSPORTATION SERVICE. This agreement does not
provide for the transportation of City's prisoners,
Sac!ion 1l. LIMITATION UPON ASSIGNMENT. Neither party may assign
this contract uS%hour the written consent of the other.
Section lZ, HOLD HARMLESS.
e. City shall indemnify and hold harmless County and its agents,
officers and ekmployees form all claims, suits, damages, and costs of any
nature uhatsoever arising from matters uhich occurred prior to the time a
prisoner is delivered to County for detention or incarceration or from an
arrest alleged to have been made without probable cause.
b. C~unty shall indemnify and hold harmless City and its
o~icers and employees (arm all claims, suits, damages and costs o( any
nature uhatsoever arising from the idle negligence o( County during the
detention of a prisoner or the failure o( County to release e prtsoner as
provided in Section l.
Sac!ton 13. TEPJI O~ CONTRACT. The terms of this contract shali be
for a one (1) year, begthing on January I, ISB1 and endin9 on December
19el, unless sooner terminated by the parties as set forth in Section
Section 1~. TERHINATION. lh~s agreement may be terminated by either
party upon ninety (S~) days written notice to the other party, ~uch nottoe.
shall also be transmitted to the UashinQton State Corrections Standards
Board. ~uch notice shall ~nclude the 9rounds (or termination and speci(tc
plans for accommodation the el(acted ~ aS1 population.
ATTESTED: ~
MRYQR ~"~,~
O~TED this day o{ , 1SB__.
DATED this day o~
Pat L. 3ONES, SHERIFF
· 1SS__.
BOARD OF COUNTY COMMISSIONERS
KITSaP COUNTY, URSHINGTON
CH6IRM~N
COMMISSIONER
ATTESTED:
CO:IMISSIONER
JANET R, BRNRCH, Clerk o{ the Board