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Whatcom County Council Criminal Justice and Public Safety Committee

WHA-CON-CJS-2026-01-13 January 13, 2026 Public Health & Safety Committee Whatcom County 35 min
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The Whatcom County Council's Criminal Justice and Public Safety Committee held its first meeting of 2026, focusing primarily on establishing committee leadership and advancing the long-awaited Behavioral Care Center project. In a brief 35-minute session, the committee appointed Barry Buchanan as chair and Elizabeth Boyle and Mark Stremler as vice chairs, then received a comprehensive update on the Behavioral Care Center planning process. The Behavioral Care Center discussion dominated the meeting, as staff presented three location options with significant policy implications. The facility, a cornerstone of the Justice Project Implementation Plan, is designed to prioritize treatment over incarceration while maintaining public safety. Staff recommended proceeding with an out-of-custody model at the Division Street campus through new construction, estimating costs between $15-20 million depending on location and configuration. Committee members expressed strong support for the Division Street new construction option, citing the ability to open the facility sooner and integrate it with existing behavioral health services. The timing question proved critical — the work release center renovation option would delay opening until after the new jail comes online, potentially pushing the facility's availability back significantly. Three key decisions await the full Council in two weeks: affirming the out-of-custody model recommended by advisory committees, selecting between Division Street and LaBounty sites, and potentially amending interlocal agreements with cities that reference co-location with the jail. The Finance and Facility Advisory Board will weigh in on location recommendations at their January 22nd meeting.

**AB2026-005: Committee Leadership Election** - Vote: Buchanan elected chair 5-2 over Stremler (Buchanan: Boyle, Buchanan, Galloway, Rienstra, Scanlon; Stremler: Elenbaas, Stremler) - Vote: Boyle and Stremler appointed vice chairs 7-0 - Staff recommendation: N/A (election process) - Council action: Established committee leadership for 2026 **AB2026-015: JPOP Term Lengths** - Vote: 7-0 to establish four-year staggered terms for Justice Project Oversight and Planning Committee members - Staff recommendation: Aligned with Council action…

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The Behavioral Care Center discussion represented the most significant policy deliberation, addressing a facility that could transform how Whatcom County handles mental health and substance abuse cases in the criminal justice system. Staff presented the evolution from the original Justice Project Implementation Plan conception to current realities based on insurance reimbursement models and operational costs. The custody model question centered on financial sustainability and treatment effectiveness. An in-custody facility would receive virtually no Medicaid or private insurance reimbursement, creating an unsustainable funding model. Additionally, the stigma of incarceration during treatment contradicted the Justice Project's goal of avoiding incarceration unless absolutely necessary. The out-of-custody model allows intervention before booking and earlier intervention in the sequential intercept model. Location emerged as the critical remaining decision, with significant policy implications beyond construction costs. The Division Street campus would create continuity o…
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**Council Member Buchanan** (Committee Chair): Advocated for his own election as chair, expressed interest in hearing from the prosecutor's office about how they would utilize the facility, and noted transportation challenges will exist regardless of location choice. **Council Member Elenbaas**: Nominated Stremler for chair citing the importance of distributing committee leadership opportunities among council members. **Council Member Scanlon**: Strongly supported Division Street new construction, emphasizing community benefit from earlier facility opening and requesting prosecutor input on facility utilization. **Council Member Rienstra**: Aligned with Division Street new construction based on data about investment in behavioral health as incarceration prevention, noting research showing distance decreases mental health facility utilization. **Council Member Boyle**: Expressed curiosity about operating costs for both in-custody and o…
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**Kayla Schott-Bresler, on the facility's purpose:** "This is really a facility that is a high priority in the Justice Project Implementation Plan, and it is designed to prioritize treatment over incarceration while preserving public safety and reducing costs in the criminal legal system." **Council Member Scanlon, on timing priorities:** "I really want to see if we can get this done as soon as possible. And that seems to me the one, or I mean, there is the idea of LaBounty potentially coming…
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**January 22, 2026**: Finance and Facility Advisory Board special meeting to discuss Behavioral Care Center location and provide recommendation to Council. **January 27, 2026**: Council decision requested on affirming out-of-custody model and Division Street location for Behavioral Care Center. **Next two weeks**: Staff will prepare behavioral health analysis examining operational costs, jail specialized housing configuration, and statistical likelihood of effective prosecutor…

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The Criminal Justice and Public Safety Committee established its 2026 leadership structure with Barry Buchanan as chair and Elizabeth Boyle and Mark Stremler as vice chairs. The Justice Project Oversight and Planning Committee gained operational stability through four-year staggered terms, matching the Incarceration Prevention and Reduction Task Force structure. The Behavioral Care Center project advanced significantly from concept to specific implementation decisions. Staff clarified the unanimous recommendation for an out-of-custody model at Division Street through new construction, moving beyond the original Justice Project Implementation Plan's undefined se…
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# Leading Through Crisis: A New Committee Charts Course for Behavioral Health Reform The Whatcom County Council's Criminal Justice and Public Safety Committee convened for the first time in 2026 on Tuesday afternoon, January 13th, in the hybrid chambers at the County Courthouse. What began as routine organizational business quickly evolved into a substantive discussion about one of the region's most pressing challenges: how to treat mental illness and addiction without defaulting to incarceration. All seven council members were present for this inaugural meeting of the year: Elizabeth Boyle, Barry Buchanan, Ben Elenbaas, Kaylee Galloway, Jessica Rienstra, Jon Scanlon, and Mark Stremler. The meeting would run just 36 minutes, but the decisions made and discussions held would shape the county's approach to criminal justice reform for years to come. ## New Leadership and a Surprising Twist The meeting's first order of business was selecting committee leadership, but what seemed like a foregone conclusion quickly became contested. Council Member Barry Buchanan had self-nominated for chair, and with no other declared candidates, the path appeared clear. Then Council Member Ben Elenbaas threw a curveball. "I'd like to nominate Council Member Strimler for reasons I gave prior," Elenbaas said. "I don't believe he's chaired a committee yet, and I think it's nice to divvy that up." The nomination created an unexpected contest between Buchanan and Mark Stremler. When the clerk called the roll, the results were decisive: Buchanan prevailed 5-2, with Boyle, Galloway, Rienstra, and Scanlon joining Buchanan in supporting his c…
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### Meeting Overview The Whatcom County Council Criminal Justice and Public Safety Committee met on January 13, 2026, to elect committee leadership and receive a detailed presentation on the proposed Behavioral Care Center. The meeting focused on key decisions about whether the facility should be an in-custody or out-of-custody model and where it should be located. ### Key Terms and Concepts **Behavioral Care Center (BCC):** A proposed treatment facility designed to prioritize treatment over incarceration for people whose mental illness or substance use disorder drives their legal involvement. It would offer co-occurring inpatient treatment, crisis relief services, and psychiatric urgent care. **Out-of-custody facility:** A treatment center where individuals are not technically incarcerated while receiving services, allowing for Medicaid and insurance reimbursement and reducing stigma associated with jail-based treatment. **In-custody facility:** A treatment center located within or connected to jail facilities where individuals remain technically incarcerated during treatment, which limits insurance reimbursement options. **Co-occurring inpatient treatment:** Licensed treatment for individuals suffering from both mental illness and substance use disorders, typically lasting 30-90 days with established reimbursement models. **Crisis relief licensure:** A newer Washington State license allowing 24-hour outpatient facilities where people can stay up to 23 hours and 59 minutes for immediate stabilization, though financial viability is questionable. **Psychiatric urgent care:** An alternative licensing model that covers similar needs as crisis relief but with better insurance reimbursement rates. **Justice Project Implementation Plan:** Whatcom County's comprehensive plan for justice system reform that prioritized the Behavioral Care Center as a key facility. **Sequential intercept model:** A framework for intervening at various points in the criminal justice process to divert people with mental illness away from incarceration and toward treatment. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Barry Buchanan | County Council Member, elected Committee Chair | | Elizabeth Boyle | County Council Member, elected Vice Chair | | Mark Strimler | County Council Member, elected Vice Chair | | Ben Elenbaas | County Council Member | | Kaylee Galloway | County Council Member | | Jessica Rienstra | County Council Member | | John Scanlon | County Council Member | | Kayla Schott-Bresler | Deputy County Executive | | Hanna…
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