CSS 2020-02-10 Item 1B - Funding - 2 FTE Transport Officers for Inmate Appearances for $188,000

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City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Services & Safety FROM: LaTricia Kinlow, Court Administrator Bruce Linton, Police Chief BY: LaTricia Kinlow CC: Mayor Ekberg DATE: February 5, 2020 SUBJECT: Request for 2 FTE Police Department Support Officers ISSUE This is a request to support and fund the Police Department with additional Support Officers in order to safely and securely support Tukwila Municipal Court's compliance with the Washington State Court of Appeals Division II ruling regarding the shackling of inmates in the courtroom. BACKGROUND In the past, defendants who were in custody appeared before a judge while in physical restraints (except for jury trials). On August 20, 2019 the Washington State Court of Appeals Division II ruled that the trial court violated the constitutional rights of a defendant by failing to conduct an individual inquiry into the need for pretrial and trial restraints. The ruling also states that a person has the right to appear "before the court with the appearance, dignity, and self- respect of a free and innocent man." State v. Finch, 137 Wn.2d 792, 844,975 P32d 967 (1999). The Court concluded "restraints should only be used when necessary to prevent courtroom injuries, disorderly conduct or escapes." This means all in -custody defendants shall be restrained when they appear for court regardless of the type of hearing. Complying with this ruling has been challenging for the Tukwila Court due to the unsecure layout of our current facility and the fact that there is only one Police Support Officer. After experiencing several escape attempts, the presiding judge made the decision to maintain our current policy which is to keep in -custody defendants restrained when appearing for court non - jury hearings. While the new Justice Center will provide a more secure way to transport those in custody, the Court's compliance with the ruling is still impossible without adequate police staffing in order to maintain the custody of the defendants when appearing for court. It is important to understand that a person must remain in the custody of the proper authorities when they appear for their hearings. In Tukwila, the temporary custody and security of detained defendants is the responsibility of the Police Department. The new facility has a temporary holding cell to secure those detainees who are appearing for court or being taken into custody by order of the court. Even though this is a temporary holding cell, the National PREA standards apply and must be adhered to by the police. These standards were created to ensure the safety and protection of those who are in custody. In order to comply with the standards the department must be sufficiently staffed to ensure that one officer can monitor the persons in the temporary holding cell while a second officer escorts the unrestrained defendant into the courtroom. If