Chapter 9.34
CORRECTIONS FACILITY
Sections:
9.34.010 Definitions.
9.34.020 Programs – Policies and procedures.
9.34.030 Corrections facility programs as privilege – No right to participate – Participation may be required.
9.34.040 Costs of programs.
9.34.050 Good time credit – Work credit day to jail day ratio.
9.34.060 Electronic home detention.
9.34.070 Work release.
9.34.080 Work programs in general – Types of work performed – Limitations.
9.34.110 Inmate responsible for portion of medical care costs.
9.34.010 Definitions.
The following words, terms, and phrases shall have the following meanings:
A. Confinement shall mean confinement within the corrections facility, or participation in a corrections facility program.
B. Corrections facility shall mean the city of Kent corrections facility.
C. Corrections staff shall mean employees of the corrections facility.
D. Day of work shall mean a work day pursuant to a work program. The length of a day of work shall be determined by corrections staff.
E. Inmate shall mean a defendant sentenced by the Kent municipal court or another court to serve a period of confinement in the corrections facility.
F. The terms jail, imprisonment, or commitment, as those terms are used in a sentencing order of the court, shall mean confinement.
G. Program shall mean electronic home detention or monitoring, work programs, work release or other corrections facility program as authorized by statute, ordinance or corrections facility policy. A program may be nonsupervised, partially supervised, or supervised.
H. Qualifying inmate shall mean an inmate who meets the conditions of participation in a corrections facility program as such conditions are set forth in the corrections facility policies and procedures applicable to such program.
9.34.020 Programs – Policies and procedures.
The corrections facility shall establish policies and procedures for the implementation of the various programs set forth in this chapter.
9.34.030 Corrections facility programs as privilege – No right to participate – Participation may be required.
A. Participation in programs shall be considered a privilege, participation shall be subject to the discretion of the corrections staff, and the inmate shall have no right to participate in such programs. There shall be no guarantee to any inmate that he or she will be permitted to participate in any program even after a date for participation is established. In the event an inmate is accepted in, or ordered to participate in, a program, and thereafter the program is not available, the inmate may be permitted to participate in another program for which he or she is eligible, subject to availability and at the sole discretion of corrections staff.
B. Participation shall be conditioned upon the inmate meeting the qualifications of the program, and complying with applicable policies and procedures for the program.
C. The corrections facility may, at its discretion, require an inmate to participate in a corrections facility program against his or her will.
9.34.040 Costs of programs.
The city may, pursuant to resolution or through a budget ordinance, set various fees which may be required as a condition of participating in a program; provided, the corrections facility may waive the fees or require the inmate to participate on a work program in lieu of payment in order to manage the correction facility’s population, or in order to make such programs available to the indigent.
9.34.050 Good time credit – Work credit day to jail day ratio.
A. Except as provided in subsection (B) of this section, an inmate may receive good time credit for good behavior in an amount not to exceed one-third (1/3) of the confinement ordered by the court; provided, such good time credit may be taken away from the inmate pursuant to corrections facility policies and procedures.
B. Any inmate who performs work on a corrections facility work program shall receive credit for two (2) days of confinement ordered by the court for every three (3) days of work performed. Partial credit for periods of less than one (1) day may be given where the inability to complete the full day of work is not the fault of the inmate, and the inmate has otherwise complied with the program policies.
9.34.060 Electronic home detention.
A qualifying inmate sentenced to a period of confinement at the corrections facility may, at the discretion of corrections staff and subject to applicable policies and procedures, serve all or a portion of his or her ordered confinement in a qualifying residence, subject to an acceptable system of electronic surveillance.
9.34.070 Work release.
A qualifying inmate sentenced to a period of confinement at the corrections facility may, at the discretion of corrections staff and subject to applicable policies and procedures, serve all or a portion of his or her ordered confinement on a work release program. Inmates participating in the work release program may, pursuant to applicable policies or procedures, spend a portion of a twenty-four (24) hour period away from the corrections facility while performing work at the inmate’s qualifying place of employment. The inmate shall spend nonworking hours at the corrections facility; provided, the inmate may, at the discretion of the corrections staff, be allowed to attend approved school, treatment, AA/NA meetings, or appointments.
9.34.080 Work programs in general – Types of work performed – Limitations.
A. In general. A qualifying inmate sentenced to a period of confinement at the corrections facility may, at the discretion of corrections staff and subject to applicable policies and procedures, serve all or a portion of his or her ordered confinement on a work program. There shall be two (2) types of work programs as follows:
1. In-custody work program. An inmate who serves on an in-custody work program shall spend nonworking hours confined at the corrections facility. The work performed may be within or outside of the corrections facility and may be at a location other than the corrections facility. During the period of work, the inmate may be supervised, partially supervised, or not supervised. While confined at the corrections facility, the inmate may, at the discretion of the corrections staff, be allowed to attend local court dates or appointments.
2. Out-of-custody work program. An inmate who serves on an out-of-custody work program shall spend nonworking hours at a location other than the corrections facility, and as approved by corrections staff. The work performed may be within or outside of the corrections facility and may be at a location other than the corrections facility. During the period of work, the inmate may be supervised, partially supervised, or not supervised.
B. Types of work performed. A work crew program may be utilized to perform the following types of work:
1. Garbage, litter, debris, and junk removal from municipal, state, and federal property, including but not limited to roadways, roadway easements, sidewalks, trails, open space, wetlands, shorelines, waterways, steep slopes, parks, and public facilities.
2. Removal and maintenance of invasive and undesirable vegetation and leaves from municipal, state, and federal property, including but not limited to roadways, roadway easements, sidewalks, trails, open space, wetlands, shorelines, waterways, steep slopes, parks, and public facilities.
3. Removal of snow, sand, dirt, and debris from municipal, state, and federal property, including but not limited to roadways, roadway easements, sidewalks, trails, open space, wetlands, shorelines, waterways, steep slopes, parks, and public facilities.
4. Graffiti removal and repair on state, federal, and municipal property.
5. General maintenance and repair of municipal, state, and federal property.
6. Janitorial and landscape services at municipal, state, and federal property.
7. Any other work as approved by the corrections facility.
C. Performance of work for other public agencies. The work program may perform work at the request of other public agencies. The corrections facility may, at its discretion, require the public agency to pay a fee for the utilization of the work program.
D. Performance of work for private parties or nonprofit agencies. The work program may perform the types of work described in subsection (B) of this section for private parties or nonprofit agencies on the condition that the private party or nonprofit agency reimburse the city for the costs of providing the work program and the private party or nonprofit agency assumes all risk and liability exposure of having the work program perform the work; provided, that at the discretion of corrections staff, reimbursement may not be required when the work performed primarily benefits the poor and infirm.
E. Performance of bargaining unit work. The city of Kent will not utilize a work program to perform work that is within the body of work of a recognized city of Kent union, without the prior agreement of the city of Kent union that owns the body of work.
(Ord. No. 3919, § 3, 6-16-09; Ord. No. 4004, § 1, 9-20-11. Formerly 9.34.100)
9.34.110 Inmate responsible for portion of medical care costs.
A. Payment responsibility. Each inmate confined in the corrections facility shall be responsible for payment of a portion of the cost to provide medical care to him or her while subject to confinement in the corrections facility.
B. Medical care costs. Each inmate confined in the corrections facility shall be financially responsible for payment of fifteen dollars ($15) each time he or she is provided medical care; provided, that a portion of this fee may be waived in the event medical staff determines the inmate has a chronic condition that requires treatment at regular and frequent intervals, or an inmate was provided medical care more than one (1) time during any one (1) day for the same condition. In addition, each inmate shall pay ten dollars ($10) for each course of prescription medication that is prescribed to the inmate. In the event an inmate requires transport by ambulance to a medical care facility, he or she shall pay the actual costs billed to the city for such transport.
C. Notification. An inmate shall be notified that in the event he or she is provided medical care while confined in the corrections facility, he or she shall be responsible for payment of a portion of the cost of that care. The inmate shall also be notified that by receiving medical care, he or she agrees that the costs set forth in this section may be collected by the court, and that those costs will be added to any other amount owing to the court, or, in the alternative, that the costs may be collected by seizing the inmate’s currency that is being held by the corrections facility, by utilizing the services of a collections agency, or by any other legal means.
D. Proof of care. In the event the city chooses to utilize the Kent municipal court to collect medical care costs, the city shall submit to the court a document that identifies the inmate’s name, date of birth, the date medical care was provided, and the name of the provider to establish that medical care was provided and that the defendant owes a portion of the medical care costs to the city.
E. Forfeiture of inmate property. At the discretion of the corrections facility, and as an alternative to other collection methods, the corrections facility may seize a portion of the United States currency that has been identified and recorded as inmate property during an inmate property inventory. To this end, all United States currency in the possession of an inmate, which is recorded upon booking, shall be subject to forfeiture to cover the costs of medical care; provided, that prior to forfeiture, the corrections staff shall provide the inmate with an opportunity to a hearing to contest the forfeiture of the currency.
F. Appeal. An inmate may appeal the assessment of medical care costs; provided, the quality of medical care, the manner in which the medical provider administers medical care, and the timing of medical care shall not be subject to appeal. In the event the inmate wishes to appeal the assessment of medical care costs, he or she must provide written notice to the corrections facility within five (5) days of receiving such care. The written notice shall state the date the care was provided and must contain a detailed explanation of the reasons for appealing the assessment of costs. In the event the court has been utilized to recover such costs, the inmate’s written notice shall be delivered to the court, and the court shall set a hearing to permit the inmate to contest the assessed medical care costs. In the event the court was not utilized to collect medical care costs, the corrections facility shall, in accordance with its administrative appeal process, set an administrative appeal. At any appeal hearing, the inmate shall bear the burden of proving, by a preponderance of the evidence, that he or she is not responsible for the costs.
G. No denial of medical care. Under no condition shall medical care be denied or delayed due to an inmate’s inability to pay the fees set forth in this section; provided, that nothing in this section shall prevent the city from taking steps to collect medical care costs after care is provided.