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Home My WebLink About03188 Interlocal Agreement JAIL FACILITY USE AGREEMENT 1 . This Jail Facility Use Agreement is entered into by Skagit County, a Municipal Corporation and legal subdivision of the State of Washington, hereinafter called "County, " the City of Anacortes, hereinafter called "City, " pursuant to the authority of R.C.W. 70 . 48 as amended. 2 . REPRESENTATIONS . Skagit County and the Skagit County Sheriff are charged with the responsibility under State Law for maintenance of the County Jail, and also administer certain other correctional facilities . The City from time to time desires to commit City prisoners to the County Jail . The County agrees to furnish its facilities and personnel for confinement to City prisoners in the same manner and to the same extent that the County furnishes said services for the confinement of its own prisoners . Such facilities include not only the jail property, but work crews, work-release, and Electronic home monitoring (ETTM) programs , and each is hereinafter called the "Jail . " 3 . CONTROL OF FACILITY. The City acknowledges the County' s operational control of its jail facilities and agrees that prisoners committed to the jail by the City will be subject to the same rules and regulations applicable to other prisoners incarcerated therein. 4 _ AVAILABILITY OF JAIL FACILITIES . County Jail facilities shall be made available and furnished for holding City prisoners help upon arrest , awaiting trial , and serving imposed jail terms . When the jail is at maximum capacity, housing of City prisoners shall be at the discretion of the Sheriff; provided, however, that County and City prisoners shall be treated equally for priority of incarceration. 5 . PRISONER CONFINEMENT FEES . A. Effective January 1, 1997 , City shall pay County $50 . 00 per detention day. Payment will be made based upon a monthly billing from the County. B . Prior to October 1st of each year the County shall inform City of the daily detention fee for the ensuing year. C. The cost for detention of prisoners jailed under warrants from the multiple jurisdictions shall be shared proportionately among the jurisdictions involved. oo: 1H8 D. The term "detention day" shall mean each day or portion of a day, including booking, for which the City utilizes the County Jail facilities . E . The County agrees to keep detailed and accurate records of all operating and maintenance costs actually incurred in a manner that will allow substantiation of the daily detention fee . Said records shall be made available to the City of its duly authorized representative upon request . 6 . CITY PRISONER. "City Prisoner" means a person housed in the jail under the following conditions : A. Confined by reason of a City ordinance violation (pre-trial or post-trial) B . Arrest under a City/Municipal Court warrant . C. Arrested and booked by the City police department by reason of an "open charge, " investigation, suspicion, or probable cause of a crime . It excludes a prisoner confined by reason of a felony; or a prisoner held under the charges and/or warrant of other municipal corporation; and a prisoner detained after a City "hold" has been released . 7 . ARREST WARRANT OR CITATION. City Law Enforcement officers placing misdemeanor-charged prisoners in the County Jail shall , in ever instance, furnish an arrest warrant or a copy of the citation to the County jailer on duty at the time, and in the event the arrest and confinement is for a State crime, the officer shall furnish the Prosecuting Attorney with a report so that a charging decision may be made on the fist available business day. 8 . TRANSFER OF CUSTODY. City Law Enforcement officers placing arrested person in custody of the County Jail shall be required to remain in the immediate presence of the arrested person and shall be considered to have such person in their sole custody until the County booking officer receives the completed authorization for confinement from the City officer and audibly states that the prisoner is secured and at such time, and only then, will the County come into custody of said prisoner. When custody of a City prisoner is transferred to the County, the City prisoner shall be subject to all applicable rules, regulations, and standards governing the operation of the County Jail, including any emergency security rules imposed by the jail administrator subject to the applicable rules of the Superior Court and Title 289 WAC. Any City police officer delivering a prisoner to the County Jail shall comply with reasonable rules and regulations of the County Jail . 0O'41 88 9 . TRANSPORTATION. The City shall be responsible for transportation of all its prisoners to and from the jail facilities for initial booking, medical services, and court appearances . 10 . MEDICAL BILLS . During the time and while a person is a City prisoner, the City shall be responsible for all medical bills incurred by or on behalf of said prisoner. In addition, the County shall be entitled to reimbursement from the City for all medical costs incurred by pre- and post-sentenced City prisoners when the treatment occurs outside the confines of the jail . In the event a City prisoner' s health or medical condition necessitates, in the judgement of the Sheriff, the attention of a physician or health attendant, the City authorizes the Sheriff to solicit such medical or health services for the prisoner. If medical or health services are necessary before the prisoner is booked into the Jail , the City agrees to maintain custody and transport such prisoner for the receipt of services . 11 . CITY ACCESS TO PRISONERS . All City police officers and investigators shall have the right to interview the prisoners at any time inside the confines of the County Jail, subject only to necessary security rules . Interview rooms will be made available to City police officer in equal priority with those of any other department, including the Sheriff' s Department . 12 . POSTING OF BAIL. The County agrees to act as agent for the City prisoners . During other than normal working hours, the County agrees to deliver or turn over bail bonds or monies to the Municipal Court in a diligent and timely manner. 13 . JAIL TRUSTEES . At the discretion of the Sheriff, City prisoners may be made trustees when serving out a sentence . Such City prisoners may be allowed to work on the public property of City or County, including the County Courthouse and City Hall . City prisoners assigned to work as trustees on the public property of the City may be released to the Chief of Police or his agent, upon initiated receipts, and during such period shall be considered the responsibility of the Chief of Police. 14 . WORK RELEASE . The fee for City prisoners on work release shall be the same as for City prisoners under Paragraph #5 . 15 . RELEASE OF CITY PRISONER FROM COUNTY JAIL . No City prisoner confined in the County Jail shall be removed therefrom, except : A. When requested by the City Police Department . B . By order of the Municipal Court in those matters in which said courts have jurisdiction. Oil88 16 . RECORD KEEPING. The County agrees to maintain a system of record keeping relative to the booking and confinement of each City prisoner in such style and manner as equivalent to County records pertaining to its own prisoners . The County shall make available, upon request, to City or its authorized representatives, copies of said records except photographs . Upon disposition of City case, the City agrees to report the disposition of such case to the County, in a timely manner, in order to facilitate the County' s maintenance of up-to-date criminal disposition. 17 . INSURANCE . The City agrees to maintain a policy of false confinement and false arrest insurance which will insure the County, its elected and appointed officers and their deputies and employees, from liability arising from the arrest and detention of prisoners subsequently booked in the jail pursuant to this agreement . The limit of such insurance shall be at least One Million Dollars ($1, 000, 000 . 00) for any one occurrence. The City agrees to furnish the County with a certificate of such insurance . Any duty owed to the City by the County under this agreement shall terminate forthwith upon termination of or failure to renew such insurance protection unless agreed to in writing by the County and shall not operate to terminate any duty of the City owed to the County. 18 . INDEMNIFICATION. The City will defend, indemnify, and save harmless, the County, its elected and appointed officers, deputies and employees from and against any damage, cost , claim, or liability arising out of this Jail facility use agreement, attributable to the negligent acts or omissions of the City, its officers, employees , or agent . 19 . TERM. This agreement shall be effective January 1, 1997 and shall automatically renew from year to year unless otherwise modified or terminated as provided herein. This agreement may be terminated by either party upon ninety (90) days written notice to the other party. Said notice shall state the ground for termination and the specific plans for accommodations of the affected jail population. O1 1 &3 SKAGIT COUNTY JAIL FACILITY USE AGREEMENT FOR THE GRANTEE : FOR THE CITY OF : BOARD OF COUNTY COMMISSIONERS SKAGIT COUNTY, WASHINGTON 7J. 4 Ted W. Anderson, Chairman Mayor, . (:1---- ---: -..---04-- 701----- /Jr ,�/ Robert Hart, Commissioner Chief of Police e2.,46.,..--e-4------- arvey��n, Commissioner E(1-;;/, A------ d G odman, Sk it County Sheriff Da F erring, R' Manager j , 444 6/ /99‘ e Approved as to form: GL,c---- .9.....„ .....--7(„4-.4._ John Moffat, Ska ounty City Attorney rubecuting Attorney • ff-e' A- 12---. . Debbie Sims:, erk Skagit County Board of Commissioners