Whatcom County Council Criminal Justice and Public Safety Committee

## MODULE S1: STUDY GUIDE ### Meeting Overview The Whatcom County Council's Criminal Justice and Public Safety Committee met on November 5, 2025, for a comprehensive review of criminal justice operations and planning. The meeting featured three major presentations: Prosecutor Eric Richie's annual report on office operations and caseload pressures, a Justice Center project update on construction progress and community commitments, and a detailed presentation on the Behavioral Care Center model from the Incarceration Prevention and Reduction Task Force workgroup. ### Key Terms and Concepts **Prosecutorial Diversion:** A process where prosecutors can divert defendants away from traditional criminal proceedings into treatment programs before formal charges are filed or early in the process. **Behavioral Care Center (BCC):** A proposed treatment facility that would serve as an alternative to incarceration for individuals with mental health or substance use disorders who have been arrested. **In-Custody vs. Out-of-Custody Model:** The fundamental design decision for the BCC—whether it operates as a secure facility (in-custody) or as a voluntary treatment center (out-of-custody) that participants can leave. **Sequential Intercept Model:** A framework for understanding points where interventions can redirect people with mental health issues away from the criminal justice system. **IMD (Institution for Mental Diseases):** Federal regulations that affect Medicaid reimbursement for certain types of mental health facilities, influencing how the BCC can be structured and funded. **Justice Implementation Plan:** The comprehensive plan developed for how to spend the sales tax revenue approved by voters for justice system improvements. **Lead (Law Enforcement Assisted Diversion):** An existing pre-booking diversion program that connects people to services instead of jail for certain low-level offenses. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Barry Buchanan | Committee Chair | | Jon Scanlon | Committee Member | | Eric Richie | Whatcom County Prosecuting Attorney | | Adam Johnson | STV Project Manager for Justice Center | | Peter Frazier | IPRTF Co-Chair | | Heather Flaherty | IPRTF Co-Chair | | Caleb Erickson | Sheriff's Office Chief Corrections Deputy | | Laura Christensen | Health and Community Services | | Eric Sigmar | Prosecutor's Office representative | | Stark Follis | Public Defender | | Kayla Schott-Bresler | Executive's Office | ### Background Context This meeting occurred during a critical planning phase for Whatcom County's major justice system transformation, funded by a voter-approved sales tax. The county is building a new jail and behavioral care center while addressing longstanding issues with overcrowding, inadequate mental health services, and limited diversion options. The Prosecutor's Office faces increasing caseloads—1,700 pending felonies and over 1,800 misdemeanors—while new state requirements will reduce Public Defender caseloads, potentially increasing litigation and workload pressures on prosecutors. The Justice Center project represents a significant community investment in transforming how the county handles criminal justice and behavioral health issues. The voter-approved measure included specific commitments: ending booking restrictions for cities, dedicating 50% of ongoing tax revenue to treatment and prevention services, and creating both a new jail and behavioral care center. The BCC workgroup spent months developing a consensus model that would provide true diversion—redirecting people at the point of arrest into treatment rather than prosecution. ### What Happened — The Short Version Prosecutor Richie reported on office modernization efforts, including new case management systems and workplace improvements, while warning that reduced Public Defender caseloads will likely require additional prosecutor staffing. The Justice Center project team provided construction updates, confirming they're on schedule and have contracted 27% of work to date, with upcoming community meetings planned. The main focus was the Behavioral Care Center presentation, where the IPRTF workgroup presented their unanimous recommendation for an out-of-custody model located off-site from the jail. This represents a significant shift toward true diversion, with prosecutors, public defenders, and judges agreeing to redirect eligible individuals from arrest directly into treatment. The model includes multiple intervention points and accountability measures for those who don't complete treatment. Committee members expressed support for the out-of-custody approach while emphasizing the need for written agreements to ensure continuity across changing elected officials. ### What to Watch Next - November 20, 2025: Public meeting in Ferndale on Justice Center project - Late November/early December: Joint Advisory Workgroup convening - Next few months: Decision needed on BCC location (on-site vs. off-site) - Upcoming: STV cost analysis comparing different BCC location options - Future: Formal Inter-local agreements and protocols for diversion programs --- ## MODULE S2: FLASH CARDS **Q:** How many pending felonies does the Prosecutor's Office currently handle? **A:** 1,700 pending felonies and over 1,800 misdemeanors, creating what Prosecutor Richie called an "unsustainable workload." **Q:** What percentage of Justice Center project work has been contracted to date? **A:** 27% of the project has been contracted, with real spending data being tracked on a new public dashboard. **Q:** What is the key difference between "in-custody" and "out-of-custody" BCC models? **A:** In-custody operates like a secure facility within the jail system; out-of-custody is a voluntary treatment center that participants can leave. **Q:** Who participated in the BCC workgroup that developed the diversion model? **A:** Representatives from the Sheriff's Office, Prosecutor's Office, Public Defender, Superior Court, Health Services, and the IPRTF task force. **Q:** What makes this diversion model different from existing programs like Drug Court? **A:** This provides "true diversion" at the point of arrest before formal charges, unlike existing programs that require people to already be in the criminal justice system. **Q:** What are the two core community commitments for the Justice Center project? **A:** Avoiding booking restrictions for cities and dedicating 50% of ongoing sales tax to treatment and prevention services. **Q:** What happens if someone leaves the Behavioral Care Center program early? **A:** Prosecutors can bring them back to court through summons or arrest warrant, then potentially pursue traditional prosecution. **Q:** How much could the new Axon digital evidence system cost the Prosecutor's Office? **A:** The office will request supplemental budget funds as the previously free system now requires payment for digital evidence management. **Q:** What size is being considered for the Behavioral Care Center? **A:** 16 or 32 beds, based on IMD waiver requirements and licensing considerations. **Q:** What did Public Defender Stark Follis say about current diversion in Whatcom County? **A:** "There is no diversion in Whatcom County as it exists right now" - existing programs serve people already in the system, not true pre-charge diversion. **Q:** When did the BCC workgroup begin meeting? **A:** Initial meetings started in May 2025, with the framework developed over four months of discussions. **Q:** What technology improvements has the Prosecutor's Office implemented? **A:** PBK case management system allowing paperless operations and faster case resolution, plus Axon digital evidence management. **Q:** What community engagement is planned for the Justice Center project? **A:** Public meeting November 20 in Ferndale, plus ongoing newsletters and presentations to various boards and committees. **Q:** What percentage of jail population needs behavioral health treatment? **A:** More than 70% of people in jail need substance use or mental health treatment, according to task force estimates. **Q:** What will happen to the current jail when the new one is built? **A:** It will be demolished, requiring relocation of holding areas and judicial operations, with some moving to the Labonte site. **Q:** Who is providing funding for the new courthouse dog? **A:** Dawson Construction promised a donation to replace retiring courthouse dog Davey, with the new dog likely named Dawson. **Q:** What is the Nashville model that influenced the BCC design? **A:** A behavioral care center with 60 beds serving a 4000-bed jail system, with daily collaboration between prosecutors, defenders, and mental health professionals. **Q:** How will the BCC workgroup ensure continuity across changing elected officials? **A:** Committee members emphasized need for written agreements and formal protocols, not just verbal commitments between current office holders. **Q:** What revenue source is available for additional public safety staffing? **A:** A new public safety tax option is available for cities and counties to consider, though other funding sources may also be explored. **Q:** When will decisions be needed about BCC location and design? **A:** Location decision needed within the next few months, with STV conducting cost analysis of different site options first. --- ## MODULE S3: QUIZ WITH ANSWER KEY **Question 1: What was the main recommendation from the BCC workgroup regarding facility design?** - A) In-custody model at the new jail site - B) Out-of-custody model with location to be determined - C) Hybrid facility with both in-custody and out-of-custody wings - D) No behavioral care center should be built **Question 2: How many attorneys work in the Prosecutor's Office Criminal Division?** - A) 18 attorneys - B) 20 attorneys - C) 22 attorneys - D) 25 attorneys **Question 3: What percentage of the Justice Center project has been contracted to date?** - A) 15% - B) 23% - C) 27% - D) 35% **Question 4: According to Public Defender Stark Follis, what constitutes "true diversion"?** - A) Drug court and mental health court programs - B) Diverting people out of the system rather than entering it - C) Any program that reduces jail time - D) Treatment programs within the jail **Question 5: What are the two core community commitments for the Justice Center project?** - A) Building new jail and reducing crime rates - B) Avoiding booking restrictions and dedicating 50% of tax to treatment - C) Hiring more staff and improving technology - D) Creating jobs and improving downtown **Question 6: When is the public meeting scheduled for the Justice Center project?** - A) November 15, 2025 - B) November 20, 2025 - C) December 5, 2025 - D) December 15, 2025 **Question 7: What happens to people who leave the Behavioral Care Center program early?** - A) Nothing, it's completely voluntary - B) They get a warning and can return - C) Prosecutors can bring them back via summons or warrant - D) They're automatically sentenced to jail time **Question 8: How many pending felony cases does the Prosecutor's Office currently handle?** - A) 1,500 - B) 1,700 - C) 1,900 - D) 2,100 **Question 9: What is the anticipated size range for the Behavioral Care Center?** - A) 8-12 beds - B) 16-32 beds - C) 40-50 beds - D) 60-80 beds **Question 10: Who promised to donate funding for a new courthouse dog?** - A) The Prosecutor's Office budget - B) County Council discretionary funds - C) Dawson Construction - D) Public donations **Answer Key:** **1. B — Out-of-custody model with location to be determined** The workgroup unanimously recommended an out-of-custody model, though the specific location (on-site vs. off-site) remains under consideration. **2. C — 22 attorneys** Prosecutor Richie specifically stated the Criminal Division has 22 attorneys handling everything from felonies to juvenile offenses. **3. C — 27%** Adam Johnson confirmed that 27% of the Justice Center project work has been contracted to date, with this being real data on the new dashboard. **4. B — Diverting people out of the system rather than entering it** Follis emphasized that existing programs serve people already in the system, while true diversion prevents entry into the criminal justice system. **5. B — Avoiding booking restrictions and dedicating 50% of tax to treatment** These were identified as the two core commitments made to voters and cities co-financing the project. **6. B — November 20, 2025** The public meeting is scheduled for November 20 in Ferndale, providing community input opportunity. **7. C — Prosecutors can bring them back via summons or warrant** The framework includes accountability measures allowing prosecutors to bring participants back to court if they abscond from treatment. **8. B — 1,700** The Prosecutor's Office currently handles 1,700 pending felonies and over 1,800 misdemeanors. **9. B — 16-32 beds** The size range is based on IMD waiver requirements and licensing considerations for optimal operations. **10. C — Dawson Construction** The company promised to donate funding for a new courthouse dog to replace retiring Davey, likely to be named Dawson. --- ## MODULE S4: Q&A — COMMON QUESTIONS **Q: What exactly is a Behavioral Care Center and how is it different from jail?** A: The BCC is a treatment facility designed as an alternative to incarceration for people with mental health or substance use disorders who have been arrested. Unlike jail, it focuses on treatment and recovery rather than punishment. The workgroup recommended an "out-of-custody" model, meaning participants can voluntarily leave, though there are accountability measures if they do. It represents a completely different approach—addressing underlying causes rather than just consequences of criminal behavior. **Q: How will this diversion program actually work day-to-day?** A: The model creates multiple "on-ramps" to treatment. Police could take someone directly to the BCC instead of jail, or people could be released from jail before charges are filed and directed to treatment. For higher-risk individuals, prosecutors could file charges but then have judges release them directly to the BCC with agreements that successful completion leads to reduced charges or dismissal. A key element is daily collaboration between prosecutors, public defenders, and mental health professionals to identify appropriate candidates. **Q: What happens if someone just walks away from the treatment center?** A: The program includes accountability measures. If someone leaves early or fails to complete treatment, prosecutors can bring them back to court through a summons or arrest warrant, then pursue traditional prosecution. This isn't a "get out of jail free" card—it's an opportunity to address underlying issues with consequences for not following through. **Q: How much will this cost taxpayers and who's paying for it?** A: The BCC is funded through the voter-approved sales tax that also funds the new jail. The Justice Center project is tracking costs publicly through a new dashboard, with 27% of work contracted to date. The county is still analyzing construction and operational costs for different BCC locations and sizes. Long-term, the goal is to reduce overall criminal justice costs by preventing repeat offenses through treatment. **Q: Will this make the community less safe by letting criminals go free?** A: The program targets people whose crimes are driven by mental health or substance use issues, not violent career criminals. All stakeholders—including prosecutors, judges, and law enforcement—agreed this approach will improve public safety by addressing root causes rather than just cycling people through jail repeatedly. There are strict eligibility criteria and accountability measures. People who pose genuine public safety risks would still go through traditional prosecution. **Q: Why did it take so long to develop this program?** A: The workgroup spent four months bringing together all the right people—prosecutors, public defenders, judges, mental health professionals, corrections staff, and community representatives. They studied the Nashville model extensively, worked through legal frameworks, analyzed local data, and built consensus among stakeholders who traditionally have different perspectives. This comprehensive approach ensures the program will actually work when implemented. **Q: When will this actually start operating?** A: The program is still in planning stages. Key decisions about location (on-site vs. off-site from the jail) are needed within the next few months. Construction timeline aligns with the overall Justice Center project, with design beginning in spring 2026. The facility would open alongside the new jail, though exact timing depends on final design and construction schedules. **Q: What about the prosecutor's warning that they'll need more staff?** A: Prosecutor Richie warned that when Public Defender caseloads are reduced per new state requirements, there will likely be more litigation, requiring additional prosecutor staff for fairness and efficiency. This isn't related to the BCC program specifically but reflects broader changes in the criminal justice system. The county is conducting workload studies to determine actual staffing needs and exploring various funding options including a potential public safety tax. **Q: How do we know this won't just change when new officials are elected?** A: Several committee members raised this exact concern. The success of diversion programs depends on collaboration between independently elected prosecutors, public defenders, judges, and the sheriff. Committee members emphasized the need for written agreements and formal protocols, not just verbal commitments between current office holders, to ensure continuity across changing administrations. **Q: What role will the community have in this process?** A: There's a public meeting scheduled for November 20 in Ferndale where community members can meet with the design-build team and ask questions. The project team has been conducting ongoing outreach and will continue community engagement throughout the planning process. The committee emphasized the importance of public input before making final decisions, consistent with the inclusive approach used throughout the Justice Center planning process.

## MODULE S1: STUDY GUIDE **Meeting ID:** WHA-CJS-2025-11-05 ### Meeting Overview The Whatcom County Council's Criminal Justice and Public Safety Committee met on November 5, 2025, for a comprehensive review of criminal justice operations and planning. The meeting featured three major presentations: Prosecutor Eric Richie's annual report on office operations and caseload pressures, a Justice Center project update on construction progress and community commitments, and a detailed presentation on the Behavioral Care Center model from the Incarceration Prevention and Reduction Task Force workgroup. ### Key Terms and Concepts **Prosecutorial Diversion:** A process where prosecutors can divert defendants away from traditional criminal proceedings into treatment programs before formal charges are filed or early in the process. **Behavioral Care Center (BCC):** A proposed treatment facility that would serve as an alternative to incarceration for individuals with mental health or substance use disorders who have been arrested. **In-Custody vs. Out-of-Custody Model:** The fundamental design decision for the BCC—whether it operates as a secure facility (in-custody) or as a voluntary treatment center (out-of-custody) that participants can leave. **Sequential Intercept Model:** A framework for understanding points where interventions can redirect people with mental health issues away from the criminal justice system. **IMD (Institution for Mental Diseases):** Federal regulations that affect Medicaid reimbursement for certain types of mental health facilities, influencing how the BCC can be structured and funded. **Justice Implementation Plan:** The comprehensive plan developed for how to spend the sales tax revenue approved by voters for justice system improvements. **Lead (Law Enforcement Assisted Diversion):** An existing pre-booking diversion program that connects people to services instead of jail for certain low-level offenses. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Barry Buchanan | Committee Chair | | Jon Scanlon | Committee Member | | Eric Richie | Whatcom County Prosecuting Attorney | | Adam Johnson | STV Project Manager for Justice Center | | Peter Frazier | IPRTF Co-Chair | | Heather Flaherty | IPRTF Co-Chair | | Caleb Erickson | Sheriff's Office Chief Corrections Deputy | | Laura Christensen | Health and Community Services | | Eric Sigmar | Prosecutor's Office representative | | Stark Follis | Public Defender | | Kayla Schott-Bresler | Executive's Office | ### Background Context This meeting occurred during a critical planning phase for Whatcom County's major justice system transformation, funded by a voter-approved sales tax. The county is building a new jail and behavioral care center while addressing longstanding issues with overcrowding, inadequate mental health services, and limited diversion options. The Prosecutor's Office faces increasing caseloads—1,700 pending felonies and over 1,800 misdemeanors—while new state requirements will reduce Public Defender caseloads, potentially increasing litigation and workload pressures on prosecutors. The Justice Center project represents a significant community investment in transforming how the county handles criminal justice and behavioral health issues. The voter-approved measure included specific commitments: ending booking restrictions for cities, dedicating 50% of ongoing tax revenue to treatment and prevention services, and creating both a new jail and behavioral care center. The BCC workgroup spent months developing a consensus model that would provide true diversion—redirecting people at the point of arrest into treatment rather than prosecution. ### What Happened — The Short Version Prosecutor Richie reported on office modernization efforts, including new case management systems and workplace improvements, while warning that reduced Public Defender caseloads will likely require additional prosecutor staffing. The Justice Center project team provided construction updates, confirming they're on schedule and have contracted 27% of work to date, with upcoming community meetings planned. The main focus was the Behavioral Care Center presentation, where the IPRTF workgroup presented their unanimous recommendation for an out-of-custody model located off-site from the jail. This represents a significant shift toward true diversion, with prosecutors, public defenders, and judges agreeing to redirect eligible individuals from arrest directly into treatment. The model includes multiple intervention points and accountability measures for those who don't complete treatment. Committee members expressed support for the out-of-custody approach while emphasizing the need for written agreements to ensure continuity across changing elected officials. ### What to Watch Next - November 20, 2025: Public meeting in Ferndale on Justice Center project - Late November/early December: Joint Advisory Workgroup convening - Next few months: Decision needed on BCC location (on-site vs. off-site) - Upcoming: STV cost analysis comparing different BCC location options - Future: Formal Inter-local agreements and protocols for diversion programs ---

## MODULE S2: FLASH CARDS **Meeting ID:** WHA-CJS-2025-11-05 **Q:** How many pending felonies does the Prosecutor's Office currently handle? **A:** 1,700 pending felonies and over 1,800 misdemeanors, creating what Prosecutor Richie called an "unsustainable workload." **Q:** What percentage of Justice Center project work has been contracted to date? **A:** 27% of the project has been contracted, with real spending data being tracked on a new public dashboard. **Q:** What is the key difference between "in-custody" and "out-of-custody" BCC models? **A:** In-custody operates like a secure facility within the jail system; out-of-custody is a voluntary treatment center that participants can leave. **Q:** Who participated in the BCC workgroup that developed the diversion model? **A:** Representatives from the Sheriff's Office, Prosecutor's Office, Public Defender, Superior Court, Health Services, and the IPRTF task force. **Q:** What makes this diversion model different from existing programs like Drug Court? **A:** This provides "true diversion" at the point of arrest before formal charges, unlike existing programs that require people to already be in the criminal justice system. **Q:** What are the two core community commitments for the Justice Center project? **A:** Avoiding booking restrictions for cities and dedicating 50% of ongoing sales tax to treatment and prevention services. **Q:** What happens if someone leaves the Behavioral Care Center program early? **A:** Prosecutors can bring them back to court through summons or arrest warrant, then potentially pursue traditional prosecution. **Q:** How much could the new Axon digital evidence system cost the Prosecutor's Office? **A:** The office will request supplemental budget funds as the previously free system now requires payment for digital evidence management. **Q:** What size is being considered for the Behavioral Care Center? **A:** 16 or 32 beds, based on IMD waiver requirements and licensing considerations. **Q:** What did Public Defender Stark Follis say about current diversion in Whatcom County? **A:** "There is no diversion in Whatcom County as it exists right now" - existing programs serve people already in the system, not true pre-charge diversion. **Q:** When did the BCC workgroup begin meeting? **A:** Initial meetings started in May 2025, with the framework developed over four months of discussions. **Q:** What technology improvements has the Prosecutor's Office implemented? **A:** PBK case management system allowing paperless operations and faster case resolution, plus Axon digital evidence management. **Q:** What community engagement is planned for the Justice Center project? **A:** Public meeting November 20 in Ferndale, plus ongoing newsletters and presentations to various boards and committees. **Q:** What percentage of jail population needs behavioral health treatment? **A:** More than 70% of people in jail need substance use or mental health treatment, according to task force estimates. **Q:** What will happen to the current jail when the new one is built? **A:** It will be demolished, requiring relocation of holding areas and judicial operations, with some moving to the Labonte site. **Q:** Who is providing funding for the new courthouse dog? **A:** Dawson Construction promised a donation to replace retiring courthouse dog Davey, with the new dog likely named Dawson. **Q:** What is the Nashville model that influenced the BCC design? **A:** A behavioral care center with 60 beds serving a 4000-bed jail system, with daily collaboration between prosecutors, defenders, and mental health professionals. **Q:** How will the BCC workgroup ensure continuity across changing elected officials? **A:** Committee members emphasized need for written agreements and formal protocols, not just verbal commitments between current office holders. **Q:** What revenue source is available for additional public safety staffing? **A:** A new public safety tax option is available for cities and counties to consider, though other funding sources may also be explored. **Q:** When will decisions be needed about BCC location and design? **A:** Location decision needed within the next few months, with STV conducting cost analysis of different site options first. ---