Chapter 2.88
ALTERNATIVE TO INCARCERATION OF CONVICTED MISDEMEANANTS
Sections:
2.88.030 Alternative sanctions as a privilege.
2.88.040 Policies and procedures.
2.88.050 Referrals to other agencies for EHM services.
2.88.010 Findings.
The city council of the city of Chehalis has considered the risks and benefits associated with utilizing a combination of supervised and unsupervised alternatives to incarceration and have determined that the benefits of such programs outweigh the risk that some misdemeanants will commit offenses that might have been prevented if they were incarcerated. In making this decision, the city council finds that the majority of misdemeanants sentenced by the Chehalis municipal court have committed nonviolent offenses and serve jail sentences of less than a week; that the misdemeanants routinely schedule a date to report to jail that is several weeks after the date of sentencing; and that the primary purpose of imposing jail sentences is to punish prior misconduct and to discourage future misconduct (recidivism) and not to prevent the commission of new offenses by removing the misdemeanant from society. The city council also recognizes that an alternative sanctions program presents an inherent risk of shortcomings or errors in the selection and monitoring of misdemeanants in the alternative sanctions program. Nevertheless, the city council concludes that an alternative sanctions program will help to reduce the costs incurred for incarceration of misdemeanants sentenced by the Chehalis municipal court while still serving the purpose of punishment and reducing recidivism. [Ord. 873B § 1, 2011.]
2.88.020 Definitions.
The following words, terms, and phrases shall have the following meanings:
A. “Sentence monitor” shall mean the administrative staff in the municipal court that monitors sentences imposed by the judge of the municipal court including EHM compliance.
B. “Alternative sanctions” shall mean incarceration other than confinement in the jail such as electronic home monitoring.
C. “Defendant” shall mean a person whose case has been adjudicated through the municipal court.
D. “Electronic home monitoring (EHM)” shall mean the monitoring of a defendant in a private residence, or another qualifying residence, subject to an acceptable system of electronic surveillance. [Ord. 873B § 2, 2011.]
2.88.030 Alternative sanctions as a privilege.
Participation in the alternative sanctions program is discretionary and the defendant shall have no right to participate in such a program rather than serving the entire jail sentence imposed by the court. There shall be no guarantee to any defendant that he or she will be permitted to participate in any program even after a date for participation is established. [Ord. 873B § 3, 2011.]
2.88.040 Policies and procedures.
The municipal court administrator shall establish policies and procedures for the sentence monitoring judicial assistant who currently administers the EHM program in the municipal court. These policies and procedures will include the following:
A. Establish fees for participation based on the cost of administering the program.
B. Provide guidelines establishing the qualifications of a defendant to participate in the EHM program.
C. Provide guidelines for noncompliance with the EHM program.
D. Establish the number of defendants that may participate in the EHM program. [Ord. 873B § 4, 2011.]
2.88.050 Referrals to other agencies for EHM services.
The court recognizes that, in order to adequately monitor defendants enrolled in its EHM program, it must limit the number of defendants that can be monitored at one time. Therefore, there may be times when a defendant is referred to an outside agency for EHM services. The court may maintain a list of agencies, approved by the municipal court judge, that provide EHM services. [Ord. 873B § 5, 2011.]