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Whatcom County Council Criminal Justice and Public Safety Committee

WHA-CON-CJS-2026-01-27 January 27, 2026 Public Health & Safety Committee Whatcom County 42 min
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The Whatcom County Council's Criminal Justice and Public Safety Committee advanced a critical decision on the county's behavioral care center, voting 6-1 to proceed with an out-of-custody model at the Division Street campus. This decision represents a significant shift from the original in-custody treatment concept and positions the facility as a preventive healthcare intervention rather than a corrections-based program. The committee also received a comprehensive update on the Justice Center project, now entering its "validation phase" where design scenarios will be tested with clear cost and schedule implications. The Joint Action Working Group (JAW) will begin meeting this week to refine options before bringing them to the Finance and Advisory Board and ultimately to the full Council for policy decisions by late February. Council Member Ben Elenbaas cast the sole dissenting vote on the behavioral care center motion, stating he wanted to see "the entire plan" before committing to the direction. The decision comes as the county seeks $11 million in state funding this legislative session to support construction of the 32-bed facility, with additional funding from opioid settlement funds and the two-tenths justice sales tax. The behavioral care center will provide inpatient treatment for mental health and substance use disorders, serving individuals at multiple points in the criminal justice continuum — from pre-arrest prevention through post-conviction diversion. The facility is designed to prioritize treatment over incarceration while preserving public safety and reducing costs in the criminal legal system.

**AB 2026-038 - Behavioral Care Center Model and Location** - **Motion:** Proceed with design for an out-of-custody behavioral care center, newly constructed at Division Street Campus - **Vote:** 6-1 (Yes: Rienstra, Scanlon, Stremler, Boyle, Buchanan, Galloway; No: Elenbaas) - **Staff Recommendation:** Aligned with Council action - **Specifics:** 32-bed facility (16 mental health, 16 substance use disorder), estimated 40,000 square feet, with expansio…

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**Behavioral Care Center Model Selection** The committee grappled with fundamental questions about the county's approach to behavioral health treatment in the criminal justice system. The Behavioral Care Center Work Group, after six months of analysis, recommended shifting from an in-custody treatment model to an out-of-custody healthcare facility co-located with other behavioral health services at Division Street. Hannah Fisk outlined the key advantages of the out-of-custody model: greater flexibility in treatment duration based on clinical needs rather than custody status, access to Medicaid reimbursement that's unavailable for in-custody treatment, and the ability to serve individuals at earlier intervention points before they're arrested or charged. The model also eliminates the added costs of corrections officers staffing treatment units. Council Member Kayleigh Galloway emphasized that supporting the out-of-custody model should not diminish the county's commitment to providing adequate behavioral health services within the new jail…
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**Council Member Positions:** - **Barry Buchanan (Chair):** Strongly supportive of Division Street location, emphasized need for expansion capability - **Kayleigh Galloway:** Supportive but insisted on maintaining robust in-custody services as well - **Jon Scanlon:** Supportive, concerned about ensuring all options remain under consideration - **Elizabeth Boyle:** Inquired about facility size and expansion potential - **Jessica Rienstra:** Supportive, requested transparency on ruled-out alternatives - **Mark Stremler:** Supportive (minimal commentary recorded) - **Ben Elenbaas:** Opposed, wanted comprehensive plan before committing to directi…
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**Barry Buchanan, on staff decision-making:** "I think everything should be on the table. And the will of the council isn't known until the council votes on something." **Kayleigh Galloway, on treatment approach:** "I want to support the out-of-custody, off-site, at the Division Street. I want to support that. And for the record, say that doesn't get us off the hook for much-needed specialized care in custody in the jail." **Ben Elenbaas, on his opposition:** "I don't know that I want to vot…
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**Immediate Actions (January-February 2026):** - Joint Action Working Group kickoff meeting January 28, 2026 - Behavioral health analysis completion by end of week (weather permitting) - JAW scenario development and refinement through February - Sequential Intercept Model update workshop in late February **Council Decision Points:** - Justice Center scenario package presentation to Council by late February 2026 - Policy decisions on Justice Center scope and budget through May 2026 - State legislature c…

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The county formally committed to an out-of-custody behavioral health treatment model, representing a fundamental shift from the original in-custody concept developed from national models. This decision prioritizes clinical flexibility and preventive intervention over corrections-based treatment. The Division Street campus was selected over the work release center rebuild or La Bounty co-location options, positioning the facility within the existing behavioral health services cluster rather than adjacent to the jail. This choice enables concurrent construction wi…
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# Whatcom County Council Criminal Justice Committee Advances Justice Center Plans ## Meeting Overview The Whatcom County Council's Criminal Justice and Public Safety Committee met on January 27, 2026, in a hybrid format to receive updates on two critical components of the county's justice reform initiative: the main Justice Center project and the Behavioral Care Center. Committee Chair Barry Buchanan presided over the meeting with all seven council members present except Ben Elenbaas, who attended but ultimately voted against the key decision of the day. The session focused on project validation processes for the jail facility and culminated in a 6-1 vote to locate the new Behavioral Care Center at the Division Street Campus as an out-of-custody facility. The meeting represented a significant milestone in the county's multi-year effort to modernize its criminal justice infrastructure, with staff emphasizing that the committee was entering a crucial decision-making phase that would determine the scope, design, and budget for both facilities through early summer 2026. ## Justice Center Project Validation Process Ashley McClaren and Adam Johnson from STV, the project's owner representative firm, walked the committee through what they termed the "validation phase" of the Justice Center project. This phase represents a structured process to test various scenarios and understand trade-offs before moving into schematic design. "We are, again, this is going to seem like we're going back a long ways, but really just in this year, we're through procurement and into validation work," McClaren explained. "So, now we, the county, has a design builder under contract. They've been mobilized." The validation process will present council members with what McClaren called "scenarios with an understanding of both construction, operational, and other cost implications" rather than asking them "to review just a stack of drawings." The approach is designed to help decision-makers understand how different choices affect not just programming but also costs and schedules. Key accomplishments in 2025 included completing the Project Review Committee a…
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### 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 El…
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Public Safety Budget & Finance Government Operations AB 2026 038 AB 2026 095 Bellingham Commerce Department Fab Iprtf Jaw Naco Stv Adam Johnson Ashley Mclaren Barry Buchanan Ben Elenbaas Caleb Erickson Elizabeth Boyle Hannah Fisk Jed Holmes Jessica Rienstra Jon Scanlon Kayla Schott Bressler Kayleigh Galloway Mark Stremler Rob Nye Behavioral Care Center Community Engagement Custody Design Diversion Diversion Programs Division Street Funding Jail Capacity Jail Capacity Analysis Justice Center Medicaid Medicaid Reimbursement Opioid Settlement Sequential Intercept Model Treatment Validation Validation Phase