Whatcom County Council Criminal Justice and Public Safety Committee

## 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 ---