Click here to skip to main content.
scenic picture from Washington state
Subjects › Public Safety › Jail Services and Alternatives to Incarceration
Updated 04/2011

Jail Services and Alternatives to Incarceration

Contents

About Jail Services

Each county, city, and town is responsible for the prosecution, adjudication, sentencing, and incarceration of misdemeanor and gross misdemeanor offenses committed by adults in their respective jurisdictions, and referred from their respective law enforcement agencies, whether filed under state law or city ordinance, and must carry out these responsibilities through the use of their own courts, staff, and facilities, or by entering into contracts or interlocal agreements under this chapter to provide these services. Jail overcrowding, costs of prisoner care, drug offenses, and the growing number of mentally ill in the jail system are issues faced by local governments. This page provides an overview to local government corrections. Its main focus is interlocal contracting and alternatives to incarceration. If you have information to add to this page, please Contact MRSC.

Statutes

  • Ch.72.09 RCW - Department of Corrections
  • RCW 72.09.300 - Local Law and Justice Councils - Law and Justice Plans
  • RCW 70.48 - City and County Jails Act
    • RCW 70.48.071 - Standards for operation -- Adoption by units of local government.
    • RCW 70.48.130 - Emergency or necessary medical and health care for confined persons -- Reimbursement procedures -- Conditions -- Limitations
  • RCW 39.34.180 - Criminal Justice Responsibilities--Interlocal Agreements
  • Laws of 2011, Ch. 148 (Adobe Acrobat Document) - Triage Facilities - Adds triage facilities to the types of facilities to which a law enforcement officer may take a person who is suffering from a mental disorder for shortterm detention and evaluation.

Reference Sources

General

Finance

Organizations and Agencies

    Interlocal Jail Agreements - Samples

    Counties Contracting with Counties

    • Skagit County and Snohomish County Interlocal Agreement for the housing of inmates in the Snohomish County Jail; term 01/23/09-12/31/2010

    Cities Contracting with Counties

    • Adams County Service Provider
      • Othello and Adams County Interlocal agreement (Adobe Acrobat Document) for provision of prosecution, adjudication, indigent defense, sentencing, and incarceration services for misdemeanor and gross misdemeanor offenses, 1/04 with automatic renewal.
    • Benton County Service Provider
      • Benton County and Prosser, Kennewick, Richland Interlocal Agreement (Adobe Acrobat Document) for the use of the Benton County jail facilities for the duration of January 1,2007 through December 31, 2011
      • Poulsbo and Benton County Interlocal Agreement (Adobe Acrobat Document) for housing inmates at the Benton County jail, through 12/03 with annual renewals, with 90 termination
      • Kennewick and Benton County Interlocal Agreement (Adobe Acrobat Document) for joint use of the jail facilities and services located at the county justice center 2007-2011
    • Chelan County Service Provider
      • Leavenworth and Chelan County Interlocal Agreement (Adobe Acrobat Document) for housing inmates in the Chelan County Regional Jail, 10/12/08; automatic renewals
    • Clark County Service Provider
      • Battle Ground and Clark County Interlocal Agreement (Adobe Acrobat Document 1.82 MB) for jail and correction services; term 01/01/97 until terminated
    • Cowlitz County Service Provider
      • Longview and Cowlitz County Interlocal Agreement (Adobe Acrobat Document) for housing inmates in the Chelan County Jail, initial term of agreement is 1/1/97 to 12/21/05, followed by automatic annual renewals.
    • Grant County Service Provider
      • Grand Coulee and Grant County Interlocal Agreement (Adobe Acrobat Document) to provide Grand Coulee with jail and district court services including probation, prosecution, and public defense, term is 1/98 to 12/08, funding is through the city's share of county-wide sales and use tax for criminal justice
    • King County Service Provider
      • King County and cities reach tentative agreement extending jail services contract through 2015, King County Executive Press Release, August 19, 2009
      • Sammamish and King County Interlocal Agreement (Adobe Acrobat Document) for jail services (amends and restates agreement of November 2002), dated 5/1/10 and extends to 12/16/16
      • King County and King County cities Interlocal Agreement Amendment to jail services agreement - Includes amendment and ordinance, final action 10/11/10 - King County Legisearch
    • Kitsap County Service Provider
      • Poulsbo and Kitsap County Interlocal Agreement (Adobe Acrobat Document) for housing inmates at the Kitsap County jail, 1/04 to 12/04 with automatic renewals, with 90 day termination clause.
    • Okanogan County Service Provider
      • Auburn and Okanogan County Interlocal Agreement (Adobe Acrobat Document) for housing prisoners in Okanogan County; term 12/1/06 to 12-31-08, renewable for successive periods.
      • Okanogan County and Des Moines Interlocal Agreement (Adobe Acrobat Document) - Jail services agreement from April 2000 until termination, annual fee review.
    • Skamania County Service Provider
      • Battle Ground and Skamania County Interlocal Agreement (Adobe Acrobat Document) for incarceration services; term 04/01/11-12/31/13, can be extended for one year periods.
      • Camas and Skamania County Interlocal Agreement (Adobe Acrobat Document) for jail services, 7/03 - contract current except fee now $65/day
    • Walla Walla County Service Provider
    • Yakima County Service Provider
      • King County Consortium Cities Jail Administration Group - Yakima County Agreement
      • Naches and Yakima County Interlocal Agreement (Adobe Acrobat Document )for corrections and detention, 01/01/11-12/31/11
      • Poulsbo and Yakima County Interlocal Agreement (Adobe Acrobat Document) for housing inmates at the Yakima County jail, 7-02 with annual renewals, and 60-day termination clause
      • Sunnyside and Yakima County Interlocal Agreement (Adobe Acrobat Document) for jail services; term 01/01/11-12/31/11
      • Union Gap and Yakima County Interlocal Agreement (Adobe Acrobat Document) for corrections/detention, 01/01/10- 12/31/10

    City Providing Services to Cities

    • Auburn Providing Services - Auburn and Des Moines Interlocal Agreement (Adobe Acrobat Document) for incarceration of misdemeanor inmates in Auburn jail, continues through 12/31/04 with annual renewals
    • Buckley Providing Services - Buckley and Covington Interlocal Agreement (Covington Resolution 02-201) (Adobe Acrobat Document) to house post trial prisoners at Buckley for short periods of time; begins 01/01/11 with automatic annual renewals
    • Fife Providing Services - Fife and Des Moines Interlocal Agreement (Adobe Acrobat Document) for jail services; term 5/23/03-12/31/10
    • Forks Providing Services
      • Forks and Port Angeles Interlocal Agreement (Adobe Acrobat Document) to furnish jail facilities for Port Angeles prisoners, commencing 6/1/04 for period of 3 years, renewable annually. Renegotiated every 3 years, 90 day termination notice.
      • Forks and Sequim Interlocal Agreement (Adobe Acrobat Document) for prisoner confinement services, 06/01/10; renegotiated every three years
    • Marysville Providing Services - Marysville and Lake Stevens Interlocal Agreement (Adobe Acrobat Document) for jail services; term 2009-2012, Seventh Amendment, effective 1/01/10 - File contains original ILA
    • Sunnyside Providing Services - Sunnyside and City of Yakima Interlocal Agreement (Adobe Acrobat Document) for the housing of inmates; term 01/01/10-12/31/10 with automatic renewal
    • Wapato Providing Services - Battle Ground and Wapato Interlocal Agreement (Adobe Acrobat Document) for correction and indention services; term 01/01/08 with annual renewals
    • Yakima Providing Services - Yakima and Union Gap Interlocal Agreement () for detention of some (male) Union Gap prisoners; term, from date of signing to 12/31/2012

    Cities Providing Services to Counties

    • Sunnyside and Kittitas County Interlocal Agreement (Adobe Acrobat Document) for the housing of county inmates; term 01/01/10-12/31/10 with automatic renewals

    Cooperative Facilities

    • King County - Auburn, Federal Way Des Moines, Renton, Tukwila, Burien and SeaTac - Formation of South Correctional Entity (SCORE) by interlocal contract to provide sufficient capacity to replace the jail space being lost when existing contracts are terminated; Allow all inmates to be housed within King County; Provide for long-range capacity needs of the owner cities for the next 20 years; Allow for programming space for education, community transition and job training; provide jail services at a cost effective rate for the owner cities; provide operational control for the owner cities; provide jail services that are conveniently located for the owner cities; provide efficiencies for criminal justice partners (2008)
    • King County - Northeast Cities Jail Planning Group - Site no longer being maintained; link retained for information purposes
      • Executive’s proposal to extend jail contract clears way for cities to consider shelving plans for a new municipal jail in north/east King County, King County Executive News, May 13, 2010
    • Benton County Justice Center Expansion - Benton County, Richland, Kennewick, Prosser, and West Richland (2000)
    • Chelan County Juvenile Justice Facility - Chelan County, Cashmere, Chelan, Entiat, Leavenworth and Wenatchee (1995)
    • Sevens County Martin Hall Juvenile Center - Stevens, Adams, Asotin, Douglas, Ferry, Lincoln, Pend Oreille, Spokane and Whitman Counties (1997)

    Alternatives to Incarceration

    Local governments are seeking alternatives to jail to reduce jail overcrowding and effect cost savings. The state Department of Corrections provides work programs in which city and counties may become partners. Several jurisdictions have their own programs. Programs include reporting to the jail during the day, electronic monitoring, work release, work crews, and community service. See Excerpt on Alternatives to Incarceration from, An Evaluation of Court and Court-related Services and Options for City of Port Angles by Phillip K. Kushlan & Associates, 1996.

    References

    • Statutory Reference: RCW 9.94A.680 - Alternatives to total confinement
    • Pretrial Justice Institute Resources - Resources for policymakers, practitioners, and researchers to explore national legal standards and evidence-based and promising practices in administering the pretrial stage of the criminal case process
    • A Second Look at Alleviating Jail Crowding: A Systems Perspective (Adobe Acrobat Document), U.S. Office of Justice, Office of Justice Programs, 10/2000, NCJ 182507

    Home Detention

    See also provisions in interlocal jail service agreements

    Community Service and Work Crew Programs

    Local Government Corrections Program Descriptions - Samples

    Special Topics

    Education

    Offenders with Mental Health Disorders

    Medical and Health Care for Confined Persons

    • RCW 70.48.130 - Emergency or necessary medical and health care for confined persons -- Reimbursement procedures -- Conditions -- Limitations.
      Summary: It is the intent of the legislature that all jail inmates receive appropriate and cost-effective emergency and necessary medical care. Governing units, the department of social and health services, and medical care providers shall cooperate to achieve the best rates consistent with adequate care. Under RCW 70.48.020 (7)"Governing unit" means the city and/or county or any combinations of cities and/or counties responsible for the operation, supervision, and maintenance of a jail. Payment for emergency or necessary health care shall be by the governing unit, except that the department of social and health services shall directly reimburse the provider pursuant to chapter 74.09 RCW, if the confined person is eligible under the department's medical care programs. If the confined person is unable to be financially responsible for medical care and is ineligible for DHSH programs or private coverage, and in the absence of an interlocal agreement or other contracts to the contrary, the governing unit may obtain reimbursement for the cost of such medical services from the unit of government whose law enforcement officers initiated the charges on which the person is being held in the jail (see exception for state prisoners). The governing unit or provider may obtain reimbursement from the confined person for the cost of health care services not provided under chapter 74.09 RCW.

    Additional References

    • AGO 2005 No. 8, July 7, 2005- COUNTIES – CITIES AND TOWNS – JAILS – Financial responsibility for costs of medical care provided to arrestees after detainment but before booking into jail.
    • Attorney General Informal Opinion - Letter to David McEachran, Whatcom County Prosecuting Attorney from Jeffrey Even, Office of the Attorney General, September 14, 2000 - Note this is an unnumbered, informal opinion, and is not "official" advice from the Office of the Attorney General like a formal Attorney General Opinion.
    • AGO 1980 No. 21, November 13, 1980 - Relating to responsibilities for costs of prisoners between the city and county for felony convictions
    • National Commission on Correctional Health Care, Standards for Health Services in Jails
    • Standards for Health Services - American Correctional Association

    Reentry Programs

    Siting of Correctional Facilities (Jails, Work-Release, and Others)

    • Jails (“local correctional facilities”) are by statutory definition considered to be essential public facilities and consequently subject to the provisions of RCW 36.70A.200
    • Siting Local Government Facilities
      • RCW 70.48.180 gives counties the specific authority to locate and operate jail facilities at any place designated by the county legislative authority within the territorial limits of the county, including within the city.
      • RCW 70.48.190 grants similar authority to cities and allows cities to locate municipal jail facilities within the territorial limits of the county in which the city or town is situated.
      • While the Growth Management Act’s intent is to establish a collaborative process involving cities in the siting of essential county-wide, regional, and state facilities, the specific authority of RCW 70.48.180 controls. While the county would be required to follow the city’s permitting requirements, the city could not prohibit the siting of the essential public facility within the city. The city must follow a process for EPF siting that is consistent with the adopted county-wide planning policies.
    • Siting State Government Work Release or Other Community-Based Facility
      • RCW 72.65.220 - Siting process for the Department of Corrections and/or its contractors must undertake in siting work-release or other community-based facilities.
      • WAC 137-57-050 - Site selection procedures for work/training release site
    • Siting of Secure Community Transition Facilities - MRSC