Whatcom County Council Criminal Justice and Public Safety Committee

**Meeting ID:** WHA-CON-CJS-2026-01-27 ### Meeting Overview The Whatcom County Council's Criminal Justice and Public Safety Committee met to receive updates on the county's Justice Project and make a critical decision about the proposed Behavioral Care Center. The committee approved moving forward with an out-of-custody model for the behavioral care center to be built at the Division Street Campus. ### Key Terms and Concepts **Behavioral Care Center (BCC):** A proposed 32-bed inpatient treatment facility designed to prioritize treatment over incarceration while preserving public safety. It would serve people with mental health and substance use disorders who are involved in the criminal justice system. **In-custody vs. Out-of-custody:** Two different models for the behavioral care center. In-custody means patients remain under corrections supervision while receiving treatment; out-of-custody means they are released from jail to receive treatment as civilians. **Validation Phase:** A structured process in the Justice Project where different scenarios are tested to understand cost and schedule impacts before making final design decisions. It helps decision-makers see trade-offs between different options. **Joint Action Working Group (JAW):** A new working group that will shape scenarios and test options between formal meetings, designed to speed up decision-making by having informed discussions before bringing items to committees and council. **Sequential Intercept Model (SIM):** A framework that identifies points where people with mental health and substance use issues can be diverted from the criminal justice system into treatment and services. **IMD Rule:** Institute for Mental Disease federal regulation that restricts Medicaid reimbursement for facilities over 16 beds, which is why treatment facilities are often built in 16-bed increments. **Finance and Facility Advisory Board (FAB):** A board that reviews financial and facility aspects of the Justice Project before recommendations go to the full council. **Division Street Campus:** The location of existing behavioral health facilities where the county is proposing to build the new Behavioral Care Center, allowing for co-location of services. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Barry Buchanan | Committee Chair, County Council Member | | Ashley McClaran | Project Manager, STV (design-build contractor) | | Adam Johnson | Project Director, STV | | Kayla Schott-Bresler | Deputy Executive, Whatcom County | | Hannah Fisk | Special Projects Manager, Health and Community Services | | Jed Holmes | Executive's Office | | Rob Nye | Administrative Services Department Facilities | | Caleb Erickson | Chief Corrections Deputy, Sheriff's Office | | Elizabeth Boyle | Council Member | | Ben Elenbaas | Council Member | | Kaylee Galloway | Council Member | | Jessica Rienstra | Council Member | | Jon Scanlon | Council Member | | Mark Stremler | Council Member | ### Background Context Whatcom County is in the midst of planning a major justice facility project that includes a new jail and behavioral care center. This project emerged from recognition that the current jail is inadequate and that many people in the criminal justice system need mental health and substance abuse treatment rather than traditional incarceration. The Behavioral Care Center represents a shift toward treating underlying causes of criminal behavior rather than just punishment. The decision between in-custody and out-of-custody models reflects different philosophies about how to balance public safety with effective treatment. The out-of-custody model allows for more flexibility, better reimbursement options, and serves people at earlier intervention points before they're deeply involved in the criminal system. The broader Justice Project has been years in development, with extensive community input and study. The county is now moving from planning into the validation phase, where specific scenarios will be tested and refined before final decisions are made about design and budget. ### What Happened — The Short Version The meeting had two main parts. First, the design-build team gave an update on where the Justice Project stands. They explained they're moving into a "validation phase" where they'll test different scenarios to understand costs and trade-offs. A new working group will help shape these scenarios before they come to the full council for decisions. Second, the committee made a major decision about the Behavioral Care Center. After months of study, they voted 6-1 to proceed with an "out-of-custody" model, meaning people would be released from jail to receive treatment rather than staying in custody. They also chose to build it at the Division Street Campus where other behavioral health services are located, rather than next to the new jail. The discussion revealed that this decision doesn't eliminate the need for behavioral health services inside the jail itself — those are separate services for people who remain in custody. Council members emphasized they want to make sure the jail is designed with adequate space and capability for in-custody treatment as well. ### What to Watch Next - The Joint Action Working Group's first meeting was scheduled for January 28, 2026 - A refined scenario package will come to the Finance and Facility Advisory Board for review - The full council will receive a briefing package by the end of February 2026 with policy decisions to be made through May - Community engagement sessions are planned for mid-March, possibly in Lynden ---