COOPERATIVE LAW ENFORCEMENT AGREEMENT 

BETWEEN 

THE TULALIP TRIBES OF WASHINGTON 

AND 

SNOHOMISH COUNTY 

This AGREEMENT is entered into between Snohomish County (hereinafter “County”), a

political subdivision of the State of Washington, James H. Krider, the Snohomish County 

Prosecuting Attorney (hereinafter the “Prosecuting Attorney”), and the Tulalip Tribes of

Washington (hereinafter “the Tribes”), a federally recognized Indian Tribe organized pursuant to 

Section 16 of the Indian Reorganization Act of 1934, as amended, 25 U.S.C. § 476, governed by 

the Board of Directors of the Tulalip Tribes of Washington as provided in Article VI of the 

Constitution and Bylaws of the Tribes, and recognized as a “public agency” as defined in RCW

39.34.020. 

RECITALS 

WHEREAS, the Tulalip Indian Reservation (hereinafter “the Reservation”) is wholly

located in Snohomish County, Washington; and 

WHEREAS, applicable law provides that the Tribes has certain powers of governance over 

tribal members, Indians who are not enrolled members of the Tribes when on the Reservation, and 

certain lands under tribal and/or federal jurisdiction located within the exterior boundaries of the 

Reservation; and 

WHEREAS, previously, the United States ceded its criminal jurisdiction over such persons 

and lands on the Reservation to the State of Washington (hereinafter “the State”); and

WHEREAS, the State accepted the criminal jurisdiction ceded to it by the United States, 

and exercised that jurisdiction primarily through the County Sheriff and Prosecuting Attorney 

acting pursuant to the statutes of the State of Washington and the Charter and Code of Snohomish 

County; and 

WHEREAS, the Tribes adopted a resolution expressing its desire that the State retrocede 

the criminal jurisdiction acquired by the State on the Reservation; and 

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WHEREAS, the Governor of the State, pursuant to law and the tribal resolution requesting 

retrocession, issued a proclamation retroceding to the United States a portion of the criminal 

jurisdiction previously acquired by the State over the Reservation; and 

WHEREAS, the United States issued a Notice of Retrocession to the United States of a 

portion of criminal jurisdiction on the Reservation effective November 21, 2001, to the extent that 

said jurisdiction has not been assumed and retained by the State pursuant to RCW 37.12.010; and 

WHEREAS, the Tribes and the County each wish to protect the lives and property of all 

persons within the Reservation; and 

WHEREAS, the Tribes and the County each wish to facilitate a cooperative approach to 

law enforcement to enhance public safety for all persons and property within the Reservation; and 

WHEREAS, the Prosecuting Attorney is an officer of the State for purposes of prosecuting 

criminal offenses that occur in Snohomish County or as otherwise provided for by law; and 

WHEREAS, the Tribes and the County respect the sovereignty and political integrity of 

each other and the values and culture represented by the Tribes, and each desires to have an 

agreement reflecting a full government-to-government relationship in regard to criminal 

jurisdiction on the Reservation, 

NOW, THEREFORE, this Agreement is entered into under the Interlocal Cooperation Act 

(RCW 39.34 et. seq.), the Mutual Aid of Peace Officers’ Powers Act (RCW 10.93), and the 

Constitution and Bylaws of the Tulalip Tribes of Washington, and the parties agree as follows: 

1. Definitions. As used in this Agreement: 

a) “Approved Tribal Officer” means a law enforcement officer employed by 

the Tribes who has submitted to a background check and training as 

required by the County and who has been granted a commission by the 

Snohomish County Sheriff. 

b) “Approved Deputy Sheriff” means a Deputy Sheriff who has submitted to 

a background check and training as required by the Tribes and who has been 

granted a commission by the Tulalip Tribal Council. 

c) “Chief of Police” means the Chief of Police of the Tulalip Police 

Department. 

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d) “Commission Card” means an identification card issued by the Sheriff to 

an Approved Tribal Officer or an identification card issued by the Tulalip 

Tribes to a Deputy Sheriff. 

e) “Deputy Sheriff” means a law enforcement officer employed by the 

County, who has a current commission as a deputy granted by the Sheriff, 

f) “Designated Offenses” means all violations of the laws of the United 

States, State, County or the Tribes, whether civil or criminal, and of any 

Model Traffic Code adopted by the County or the Tribes. 

g) “Indian” means an enrolled member of the Tribes or a Native American as 

defined by applicable law. 

h) “Reservation” means the Tulalip Indian Reservation and all territory 

within the exterior boundaries thereof, including, without limitation, all 

roads, rights of way, easements and waterways within such exterior 

boundaries. 

i) “Restricted Fee Lands” means lands held in fee title by the Tribes with a 

federal restriction on alienation contained in the deed or imposed by law. 

j) “Sheriff” means the Sheriff of Snohomish County. 

k) “Sheriff’s Commission” means a Snohomish County Deputy Sheriff 

commission granted to an Approved Tribal Officer by the Sheriff in 

accordance with this Agreement. 

l) “Tribal Commission” means a Tulalip Police Officer’s commission 

granted to a Deputy Sheriff in accordance with this Agreement. 

2. Jurisdiction. Nothing in this Agreement shall be construed to cede any jurisdiction 

of any part to this Agreement, to modify the legal requirements for arrest or search 

and seizure, to otherwise modify the legal rights of any person not a party to this 

agreement, to accomplish any act violative of state or federal law, or to subject the 

parties to any liability to which they would not be subject by law. 

3. Issuing Commissions. The Sheriff shall have sole discretion to grant or deny 

Sheriff’s commissions to Tulalip Police Officers and will consider only

applications submitted in writing to the Sheriff or his designee. Each application 

must be accompanied by all background information on the applicant known to the 

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Tulalip Police Department, appropriate waivers allowing the standard Sheriff’s

Office pre-employment investigation, and such other information as may be 

required. The applicant will be required to undergo a polygraph examination and 

meet all of the standards required for a Deputy Sheriff then in effect at the Sheriff’s

Office. The Sheriff will not issue a Sheriff’s commission to an individual officer of

the Tulalip Police Department unless that officer has successfully completed the 

Washington State Basic Law Enforcement Training Academy or its equivalent as 

determined by the Sheriff. The Sheriff shall grant or deny each application within 

a reasonable time, and may issue a commission card to each Approved Tribal 

Officer. 

The Chief of Police shall have sole discretion to grant or deny Tribal 

commissions to Deputy Sheriffs and will consider only applications submitted in 

writing to the Chief of Police or his designee. The Chief of Police will not issue a 

Tribal commission to an individual deputy of the Sheriff’s Office unless that deputy 

has successfully completed the Washington State Basic Law Enforcement Training 

Academy or its equivalent as determined by the Chief of Police. The Chief of Police 

shall grant or deny each application within a reasonable time, and shall issue a 

commission card to each Approved Deputy Sheriff. 

4. Suspension and Revocation of Commissions. The Sheriff or his designee may, at 

any time, suspend or revoke the Sheriff’s commission of any Approved Tribal

Officer for reasons solely within the discretion of the Sheriff. The Sheriff shall 

provide written notice of any such suspension or revocation and the reasons for 

such action to the Chief of Police. As soon as practicable after receiving such notice 

of suspension or revocation, the Chief of Police shall collect and return to the 

County the Sheriff’s commission card from the officer whose commission is 

suspended or revoked. 

The Chief of Police or his designee may, at any time, suspend or revoke the 

Tribal commission of any Approved Deputy Sheriff for reasons solely within the 

discretion of the Chief of Police. The Chief of Police shall provide written notice 

of any such suspension or revocation and the reasons for such action to the Sheriff. 

As soon as practicable after receiving such notice of suspension or revocation, the 

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Sheriff shall collect and return to the Tribes the Tribal commission card from the 

Deputy Sheriff whose commission is suspended or revoked. 

If the Tulalip Police Department employs a former Deputy Sheriff, the 

Chief of Police may issue a Tribal commission to said person without reference to 

this Agreement. Similarly, if the Sheriff employs a former Tulalip Police Officer, 

the Sheriff may issue a Sheriff’s commission to said person without reference to 

this agreement. Any application by such persons to become an Approved Tribal 

Officer or an Approved Deputy Sheriff, however, shall be governed by the 

provisions of this Agreement. 

If the Tulalip Police Officer commission of an Approved Tribal Officer is 

suspended or revoked for any reason, said person’s Sheriff’s commission shall be

deemed revoked, and as soon as practicable thereafter, the Chief of Police shall 

notify the Sheriff and collect and return to the Sheriff the person’s Sheriff’s

commission card. Similarly, if the Deputy Sheriff’s commission of an Approved 

Deputy Sheriff is suspended or revoked for any reason, said person’s Tribal 

commission shall be deemed revoked, and as soon as practicable thereafter, the 

Sheriff shall notify the Chief of Police and collect and return to the Chief of Police 

the person’s Tribal commission card.

5. Scope of Powers. Approved Tribal Officers and Deputy Sheriffs shall have their 

respective commission cards in their possession at all times when acting pursuant 

to the commission. Tribal commissions and Sheriff’s commissions granted under

this agreement shall empower Approved Tribal Officers and Approved Deputy 

Sheriffs, respectively, to exercise on the Reservation all powers of a Tulalip Police 

Officer or Deputy Sheriff as provided for by applicable law. 

6. Exercise of Powers. Approved Tribal Officers commissioned pursuant to this 

Agreement shall comply with the applicable constitutional and statutory provisions 

concerning enforcement of state laws when exercising such authority. Approved 

Tribal Officers and Approved Deputy Sheriffs shall make all referrals for 

prosecution resulting from the exercise of a Tribal or Sheriff’s commission to the 

appropriate prosecuting authority, who will be responsible to ensure that any 

criminal action is filed in an appropriate court, either federal, state, or tribal. If any 

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question exists with respect to the appropriate prosecuting authority, referral for 

prosecution shall first be made by notifying the Prosecuting Attorney, who will then 

process the referral by referring it to the appropriate federal, state, or tribal 

prosecuting authority. 

6. Report of Exercise of Commission Powers. Any action taken by an Approved 

Tribal Officer pursuant to a Sheriff’s commission shall be reported immediately to 

the Sheriff’s Office, and any action taken by an Approved Deputy Sheriff pursuant 

to a Tribal commission shall be reported immediately to the Tulalip Police 

Department. The notifying agency shall provide a written report to the other agency 

within forty-eight (48) hours of the enforcement action. 

7. Operational Protocols. Approved Tribal Officers shall remain under the control 

of the Tulalip Police Department, but when acting under the authority of a Sheriff’s

commission, said Approved Tribal Officer shall abide by the rules and regulations 

of the Sheriff, all state laws and regulations, the state and federal constitutions, and 

shall be subject to the direction of the Sheriff’s Office. All Deputy Sheriffs shall at 

all times remain under the control of the Sheriff, and shall abide by the rules and 

regulations of the Sheriff, all state laws and regulations, the state and federal 

constitutions, and shall be subject to the direction of the Sheriff’s Office.

In order to facilitate a better understanding of the law enforcement duties 

and expectations of federal, state, and tribal law enforcement personnel, the Sheriff, 

the Tulalip Police Department, and the Federal Bureau of Investigation have agreed 

to more detailed operational protocols. A copy of said protocols is attached as 

Exhibit A to this Agreement, and is incorporated by reference. 

8. Juvenile Offenses. With the exception of very serious crimes committed by Indian 

juveniles, the retrocession of jurisdiction on Reservation trust and restricted fee 

lands does not affect the arrest, prosecution, or detention of Indian juveniles under 

State law. Under RCW 37.12.010, the State and County retain jurisdiction over 

offenses committed by Indian juveniles regardless of where the crime is committed. 

While the Tribes retains concurrent jurisdiction over Indian juvenile offenders, the 

Tribes has determined that juvenile arrest, prosecution, and corrections are now 

best left to State and County authorities. The Tribes may at some future time wish 

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________________________ 

to provide assistance for Indian juveniles beyond what is provided by State and 

County authorities. Nothing in this Agreement shall preclude such supplementary 

assistance. The parties will cooperate in working out procedures for provision of 

such supplementary services, provided such services do not interfere or hinder 

those provided by the State and County. 

If the Tribes determines that it wishes to exercise its concurrent juvenile 

jurisdiction, it will formally inform County juvenile authorities, including the 

Prosecuting Attorney, of the impending assertion of jurisdiction in sufficient time 

to provide for the negotiation and drafting of an agreement on the exercise of 

juvenile jurisdiction by the Tribes and the County. 

The one area in which the Tribes may find it necessary to assert jurisdiction 

over juveniles is the prosecution of very serious offenses committed by Indian 

juveniles when such offenses occur on trust or restricted fee lands within the 

Reservation.1 

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This problem does not arise when the juvenile offense occurs on fee lands within 

the Reservation because State and County authorities maintain jurisdiction after 

retrocession over offenses committed by adult and juvenile Indians on fee lands. 

Under current State law, such circumstances require that the State law 

offense be tried in an adult proceeding. As a result, State and County authorities 

lose jurisdiction over the juvenile because retrocession shifts jurisdiction over adult 

offenses occurring on trust and restricted fee lands to federal and tribal authorities. 

While such circumstances may be rare, the potential jurisdictional problems require 

some careful planning to protect public safety in a serious situation. If this situation 

arises there are several options: 

a) In some circumstances, it may be appropriate for the Prosecuting Attorney to 

file lesser charges against the juvenile offender in Juvenile Court, thus 

maintaining County jurisdiction. Any decision to do so by the Prosecuting 

Attorney shall be deemed to have been made based upon the political status of 

Indians under law and shall not be deemed to have been made on the basis of 

any discrimination prohibited by law arising from racial or ethnic heritage. 

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b) Where the Prosecuting Attorney determines that it is in the best interest of 

justice, he may refer the matter to the United States, or the Tribes, or both, to 

prosecute. 

c) In the absence of either County or federal prosecutions the Tribes, whose Code 

does not distinguish between adult and juvenile offenders, shall prosecute. 

9. Prosecution. The parties recognize that the cooperation of law enforcement 

officers, including making court appearances as witnesses, is necessary for the 

effective prosecution of crimes and offenses resulting from enforcement actions 

taken pursuant to this Agreement. 

The parties agree to provide officers when necessary as witnesses in 

Snohomish County Superior, District, and/or Juvenile Courts, the Tulalip Tribal 

Courts, or Federal Courts. 

The Sheriff’s Office and the Tribal Police Department shall include all

courts specified in this section in their written procedures on court appearances, 

indicating that necessary appearances by officers are required in all courts. 

10. Detection. All persons arrested by Tulalip Police Officers that require detention 

shall be held at the adult facilities operated by Snohomish County Corrections or 

the Denney Juvenile Justice Center. The terms and conditions for such detention 

services are provided for in the Agreement for Jail Services between Snohomish 

County and the Tulalip Tribes of Washington, attached as Exhibit B to this 

Agreement, and incorporated herein. 

11. Traffic Enforcement. It is expressly understood that traffic offenses are 

Designated Offenses under this Agreement. In order to provide for a procedure to 

cite and prosecute traffic infractions (civil and criminal), the parties adopt the 

following procedure: 

Criminal traffic violations will be processed pursuant to the protocols 

contained in Exhibit A. Civil infractions will be handled as follows: 

The Tribes shall provide Deputy Sheriffs assigned to Area 14 of the North 

Precinct with standard Tribal citation books and training and direction in processing 

such citations. Deputy Sheriffs shall submit citations issued to persons 

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appropriately under tribal jurisdiction to Tribal Court, and will submit all other 

citations to District Court. 

The County will provide Tribal Officers with standard County citation 

books and training and direction in processing such citations. Tribal Officers shall 

submit citations issued to persons appropriately under State or County jurisdiction 

to District Court, and will submit citations issued to persons appropriately under 

tribal jurisdiction to Tribal Court. 

12. Domestic Violence – Full Faith and Credit. The federal Violence Against 

Women Act (VAWA) of 1994 requires that a protection order issued by a state or 

tribal court be accorded Full Faith and Credit by the Courts of any other State or 

Indian Tribe. See 18 U.SC. § 2265. Under VAWA, the law of the jurisdiction 

enforcing these orders, rather than the law of issuing jurisdiction, is applied in 

enforcing the order. 

Tribal orders may be enforced by County authorities anywhere in the 

County so long as it is shown that the Tribal Court had personal and subject matter 

jurisdiction over the subject of the order and the defendant/respondent had 

reasonable notice and an opportunity to be heard on the issues. The Tulalip Tribes 

shall adopt an ordinance code which will provide for such jurisdiction, notice and 

hearing procedures. Upon adoption of such an ordinance, the County will be 

notified. 

Tribal authorities will enforce County protection orders under provision of 

the Tribal code and 18 U.S.C. § 2265. A registry of such orders shall be provided 

by the Tribal Court. 

13. Hold Harmless/Indemnification. The Tribes shall be responsible for all civil 

liability of whatever nature arising from the acts of its own law enforcement officers 

and employees regardless of whether such officer or employee was an Approved 

Tribal Officer. The County shall be responsible for all civil liability of whatever 

nature arising from the acts of its own law enforcement officers and employees 

regardless of whether they were acting pursuant to a Tribal commission to the 

extent provided by law. Except as provided in this section, under no circumstances 

shall the Tribe or the County be held liable for the acts of employees, agents, or 

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representatives of the other party performed under color of this Agreement. The 

Tribes and the County shall indemnify each other for all claims, judgments or 

liabilities by third parties for bodily injury, property damage, personal injury, or 

civil liability of any type and nature which may arise out of the activities of their 

employees, agents, or representatives pursuant to this Agreement or the 

commissions described herein. 

14. Insurance/Immunities. The Tribes agree to procure and maintain an insurance 

policy(ies) in the amount of $1 million per occurrence insuring against claims for 

false imprisonment, false arrest, public liability, property damage, police 

professional liability, and violation of civil rights, and shall maintain the policy in 

full force and effect during the life of this Agreement. If this Agreement is 

terminated for any reason, the Tribes agree to continue to carry the insurance for 

all actions taken under this Agreement until such time as protection from suit is 

granted by the statute of limitations. In the event the coverage is on a claims-made 

basis, the Tribes agree to insure that the coverage extends to the statute of 

limitations in each policy year. 

The insurance shall include the County as an additional insured, and refer 

to and support the Tribes’ obligation to hold harmless the County, its agents,

representatives, and employees under this Agreement and the Agreement for Jail 

Services. Such insurance shall provide thirty (30) days’ written notice to the County 

in the event of cancellation or material change and include a statement to the effect 

that no act on the part of the insured shall effect the coverage afforded to the County 

under this insurance. The insurance company or the Tribes shall provide written 

notice to the County within thirty (30) days after any reduction in the general 

aggregate or occurrence limit. The Tribes shall provide the County with a certificate 

of insurance prior to the contract effective date and shall provide the County a copy 

of the above insurance policy upon its receipt, including any endorsements to said 

policy after the date of its issuance. 

The Tribes waive sovereign immunity to suit upon a claim of 

indemnification by the County pursuant to this Agreement and the Agreement for 

Jail Services. The parties agree that in discharging this indemnification obligation, 

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the County shall look first to the proceeds of the insurance procured by the Tribes 

herein and the policy of insurance obtained by the Tribes shall prohibit the insurer 

from asserting a defense of sovereign immunity to the claim made under the policy. 

The Tribes agree to assign over to the County, at its request, any and all of its rights 

against the insurer to effectuate a payment of its indemnification provision. Should 

any claim for indemnification exceed the limit of the insurance policy arising from 

the entry of a final decree in any court, or by settlement of a civil action mutually 

agreed to by the County and the Tribes, the Tribes hereby waive any claim of 

immunity or exemption for any assets it holds up to the amount necessary to 

discharge the indemnity obligation and the costs of collection. 

All immunities enjoyed by County law enforcement officers under state or 

federal law shall inure to the benefit of Approved Tribal Officers when acting under 

a commission under the terms of this Agreement. All immunities enjoyed by tribal 

law enforcement officers under state, federal, or tribal law shall inure to the benefit 

of Approved Deputy Sheriffs when acting under a commission under the terms of 

this Agreement. 

Nothing in this Agreement shall preclude the Tribes, the County, or their 

employees, agents, or representatives from seeking the benefits and protections of 

the Federal Tort Claims Act. It is expressly agreed and understood that the 

indemnification provided for in this section is for the benefit of the Tribes and 

County only and there is no intention by the parties to confer any rights hereunder 

to any third party, intentionally, unintentionally, or by implication. 

15. Land Status Procedures. The parties recognize that maintaining accurate and 

complete records regarding the trust, fee, and restricted fee status of lands on the 

Reservation is critical to maintaining effective law enforcement and prosecution of 

offenders. The parties agree to exchange available information regarding the status 

of lands on the Reservation on a continuing basis, and to provide, upon the request 

of any party, certified copies of Snohomish County Auditor and Tulalip records 

reflecting land status to law enforcement and prosecuting authorities for use in 

criminal proceedings. 

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16. Governing Law and Venue. This Agreement shall be governed by, construed, and 

enforced in accordance with the laws of the State of Washington. Any controversy, 

dispute, or claim of whatever nature arising out of, in connection with, or in relation 

to the interpretation, performance, or breach of this agreement, including without 

limitation any claim based on contract, tort, or statute, shall be resolved by final 

and binding arbitration. 

The County, the Prosecuting Attorney, or the Tribes may initiate arbitration 

by providing written notice of intent to arbitrate to the other parties, together with 

a statement of the matter in controversy. If the parties are unable to agree upon a 

single arbitrator within 30 days of such notice of intent, the County and the Tribes 

each may appoint an arbitrator by providing written notice of the name of an 

arbitrator to the other. If either the County or the Tribes does not so appoint an 

arbitrator within 10 business days after the other party appoints an arbitrator, the 

single appointed arbitrator shall act as the sole arbitrator of the specified 

controversy. If each party appoints an arbitrator, the two arbitrators shall meet 

promptly and attempt to select a third arbitrator. If the two appointed arbitrators are 

unable to agree on a third arbitrator within 10 business days after the second 

arbitrator is appointed, either the County or the Tribes may apply to the Supervisor 

Court of Snohomish County for the selection of a third arbitrator. Once appointed, 

the three-arbitrator panel shall determine the specified controversy. Each party shall 

bear the cost of any arbitrator it appoints, and one-half (1/2) of the cost of 

appointing a third arbitrator and the third arbitrator’s fee. Any arbitrator appointed

under this provision must be an active member of the Washington State bar. 

The arbitration rules and procedures in Chapter 7.04 RCW shall govern the 

arbitration process, the Washington State rules of civil procedure shall govern prehearing discovery to the extent not incompatible with the procedures set forth in 

Chapter 7.04 RCW, and the law of evidence of the State of Washington shall govern 

the presentation of evidence at the arbitration hearing. 

An award or decision rendered by a majority of the arbitrators appointed 

under this Agreement shall be final and binding on all parties to the proceeding, 

and judgment upon any award or decision rendered by the arbitrators may be 

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entered in the Superior Court of Snohomish County, Washington and enforced in 

the same manner as any other judgment. 

Nothing in this Agreement shall be deemed or construed to give the 

arbitrators any authority, power, or right to alter, change, amend, modify, add to, or 

subtract from any of the provisions of this Agreement, except to the extent that any 

part of this Agreement is determined to be illegal. 

17. Amendments. No changes or modification to this Agreement shall be valid or 

binding upon the parties unless such changes or modifications are in writing and 

executed by the parties. 

18. Severability. It is understood and agreed to by the parties hereto that if any part 

of this Agreement is illegal, the validity of the remaining provisions shall not be 

affected and the rights and obligations of the parties shall be construed as if the 

Agreement did not contain the particular illegal part. 

19. Integration. This Agreement contains terms and conditions agreed upon by the 

parties. The parties agree that there are no other understandings, oral or otherwise, 

regarding the subject matter of this Agreement. 

20. Notice. Any notice required or permitted to be given under this Agreement to a 

party shall be deemed sufficient if given in writing and sent by certified mail to the 

address stated below for each party, or to any other address to which the party may 

inform all other parties in writing with specific reference to this Agreement: 

For the Prosecuting Attorney’s office: Snohomish County Prosecutor 

3000 Rockefeller Ave. M/S 504 

Everett, WA 98201 

425-388-3772 

For Snohomish County: Snohomish County Executive 

3000 Rockefeller Ave. M/S 407 

Everett, WA 98201 

425-388-3460 

For the Tulalip Tribes: Executive Director, Governmental 

Affairs 

6700 Totem Beach Road 

Marysville, WA 98271-9715 

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360-651-3225 

Chief of Police 

6700 Totem Beach Road 

Marysville, WA 98271-9715 

360-651-4608 

21. Duration. Any party may, through its authorized officials, withdraw from this 

Agreement upon sixty (60) days’ written notice to the other party hereto.

Withdrawal from this Agreement by any party shall not affect or diminish authority 

exercised prior to the effective date of such withdrawal. Withdrawal shall not 

relieve any party of its agreement to insure without interruption or indemnify each 

other party as required herein for liability or expense arising out of actions prior to 

the time withdrawal or revocation becomes effective. Withdrawal shall not relieve 

any party of its agreement to arbitrate any controversy, dispute, or claim under the 

terms of this agreement that arises out of or is connected or related to this 

Agreement while in effect. This Agreement shall be effective for a period of five 

(5) years, and shall be deemed renewed successfully for five (5) years at the end of 

each term or renewal, unless the party to be bound has earlier withdrawn or set forth 

its desire to have this Agreement terminate at its regular termination date. 

22. Warranty. The signators hereto hereby warrant that they have the power and 

authority and are duly authorized to enter this Agreement on behalf of the entity for 

whom they execute this Agreement in a representative capacity. 

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_____________________________________ ___________________________________ 

____________________________________ 

_________________________________ 

SNOHOMISH COUNTY 

Gary Weikel 

Snohomish County Deputy Executive 

Dated: ________________________________ _____________________________ 

JAMES H. KRIDER 

SNOHOMISH COUNTY PROSECUTOR 

Dated: _______________________________ 

APPROVED AS TO FORM: 

_______________________________ 

DEPUTY PROSECUTING ATTORNEY 

Steven J. Bladek 

APPROVED AS TO FORM: 

Michael Taylor, Reservation Attorney 

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TULALIP TRIBES OF WASHINGTON 

Herman Williams, Jr. 

Chair, Tribal Council 

Dated: 

APPROVED: 

BY

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ATTACHMENT A 

Law Enforcement Operations Protocol 

It is the intention of Snohomish County (hereinafter “County”) and the Tulalip Tribes of

Washington (hereinafter “the Tribes”) to work together cooperatively in all law enforcement 

operations affecting or relating to the Tulalip Indian Reservation. In order to provide clear 

information to law enforcement officers and the public, this Protocol sets forth the agreed-upon 

understanding of the Snohomish County Sheriff’s Office and the Tulalip Police Department, as to 

how each agency will respond and coordinate with the other in response to law enforcement 

demands on the Tulalip Indian Reservation. 

Basic Information for Officers. The Sheriff’s Office and the Tulalip Police Department each will 

provide its officers with a simplified checksheet that provides the basic elements of jurisdiction on 

the Tulalip Indian Reservation. This matrix is based upon “Basic Rules of Jurisdiction in Indian 

Country,” a summary prepared by the Washington Association of Prosecuting Attorneys, dated 

January, 2001, which is attached to this Protocol, and the Cooperative Law Enforcement 

Agreement Between the Tulalip Tribes of Washington and Snohomish County. 

The checksheet will appear as follows: 

JURISDICTION CHECKSHEET 

TULALIP INDIAN RESERVATION 

WHERE DID OFFENSE OCCUR? 

WHO COMMITTED OFFENSE? 

(sub-headings illegible) 

(sub-headings illegible) 

TRIBAL POLICE 

• Sheriff’s Office has

jurisdiction over Native 

American Juveniles 

• Tribal Police refers to 

Tribal or Federal Court 

• Sheriff’s Office refers to

State Court 

• Sheriff’s Office may 

detain suspects for Tribal 

Police 

CONCURRENT 

• Tribal Police refers to 

Tribal or Federal Court 

• Sheriff’s Office refers to 

State Court 

• First on scene takes lead 

or by mutual agreement 

CONCURRENT 

• Tribal Police refers to 

Tribal or Federal Court 

• Sheriff’s Office refers to

State or Tribal Court 

• First on scene takes lead 

or by mutual agreement 

SHERIFF 

• Tribal Police may detain 

suspects for Sheriff’s

Office 

• Sheriff’s Office refers to

State Court 

SHERIFF 

• Tribal Police may detain 

suspects for Sheriff’s

Office 

• Sheriff’s Office refers to

State Court 

SHERIFF 

• Tribal Police may issue 

traffic infractions only 

• Tribal Police refers to 

Tribal Court 

• Sheriff’s Office refers to

State Court 

• Tribal Police may detain 

suspects for Sheriff’s

Office 

Snohomish County Sheriff’s Office North Precinct (425 388-7939, Lt. Jerry Ross (435) 356-8639 pager 

Tulalip Police Department (360) 651-4608, Chief Jay Goss (425) 754-8350 cell 

On-call Prosecutor request via SNO-PAC 

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Additional Guidelines for Officers 

• In cases of concurrent jurisdiction, the first responder will take charge of the situation and 

maintain responsibility for booking. 

• Cross-commissioned officers and deputies will carry citation books for both State and 

Tribal jurisdictions. 

• In emergency situations, the County and the Tribes may use each other’s radio frequencies.

• On Trust/Tribally-owned land, tribal officers will take charge until the suspect is identified. 

• On non-trust, non-tribally owned land, sheriff deputies will take charge until the suspect is 

identified. 

• All parties recognize the authority of tribal police officers to detain non-Indian individuals 

temporarily as recognized in the Schmuck case. 

Other Arrest Information. Tribal police officers and deputies will support arrests made by each 

other. Both tribal police and deputies will contain a situation before addressing issues of 

jurisdiction. 

Emergency (Armed Robbery) Response to Tribal Businesses. Due to the proximity of the 

Casino, Bingo Hall, and Quil Ceda Village to the I-5 Corridor, the parties recognize that it will be 

necessary for both the Sheriff’s Office and the Tulalip Police Department to respond to robbery 

alarms or other emergency calls. In recognition of the limited size of the Tulalip Police force, the 

Sheriff’s Office agreesto be the initial lead agency on the response. The Tulalip Police Department 

agrees to make its officers knowledgeable about Sheriff’s Office procedures during armed robbery

response and agree to follow these procedures. 

Both parties recognize that when a robbery occurs against a tribal business or casino owned by the 

Tribes, the Federal Bureau of Investigation (“FBI”) also will have investigative authority. The

Tulalip Police Department will notify the FBI in such cases. 

Non-Emergency Response to Tribal Businesses. The Tulalip Police Department agrees to be the 

initial responder to non-emergency calls from Quil Ceda Village businesses and casino. Once the 

identity of the suspect is determined, the agency with jurisdiction will be the investigative agency. 

Tribal police shall write initial reports and forward to the Sheriff’s Office for investigation. 

Homicide/Body Dumps on Trust Land 

All parties recognize that in many instances it will be impossible to determine early in an 

investigation which agency has jurisdiction. In those instances, all agencies should investigate 

together. On trust land, tribal police will work with Sheriff deputies to take charge of and secure 

the scene. 

SWAT/Special Operations 

The Sheriff’s Office and Tulalip Police Department will work to develop a stand-alone 3-way 

agreement with the FBI on SWAT/Special Operations. 

The Sheriff’s Office and Tulalip Police Department recognize that special operations have a cost 

factor, and that it takes time to assemble a SWAT team, but that the Sheriff’s Office can do it much

faster than the FBI. On tribal land, the jurisdiction belongs to the FBI under federal law when a 

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_________________________________ __________________________________ 

violation of the Major Crimes Act occurs, but if the situation is such that the tribal police cannot 

contain it, then the Sheriff’s Office agrees to respond.

In those situations, the FBI has committed to response within 12-24 hours, thereby relieving the 

Sheriff’s Office. The County and Tribes may enter into a cost-recovery agreement in the future, as 

County policies evolve in this area. 

Officer-involved Shootings 

When it involves a tribal officer on trust or tribally owned land, in the immediacy of the event: 

• The Tribal Police Chief will respond to assist the officer; 

• The Tribal Police Chief will request that the Sheriff’s Office respond to secure the site to

prevent any taint or appearance of impropriety; and 

When it involves a Sheriff Deputy, existing County procedures will apply. The Sheriff’s Office is

also the investigating agency for non-tribally owned fee land or roads. 

Suspect Interviews 

The Tulalip Police Department understands that Sheriff’s deputies will need to interview tribal

members on trust or tribally owned land when required to investigate crimes that occurred off of 

trust or tribally owned land. The Sheriff’s Office agrees to notify the Tribal Police Chief as a

courtesy. 

Search Warrants 

The Sheriff’s Office and Tulalip Police Department recognize that warrants for trust and tribally 

owned land ideally will need to be obtained in both tribal and federal court. A legal question 

remains as to whether a state court warrant for a state crime is adequate for trust or tribally owned 

land. The most conservative approach would be to get warrants from all three courts. The parties 

agree to use their best judgement in obtaining warrants. The Tribes will honor state warrants with 

a no-contact order. 

Due to the tight-knit Reservation community, the parties recognize the need to keep tribal warrants 

sealed until they are delivered. 

SNOHOMISH COUNTY SHERIFF 

Rick Bart, Sheriff 

Dated: ____________________________ ____________________________ 

TULALIP TRIBAL POLICE CHIEF 

J.A. Goss, Jr., Chief 

Dated: 

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ATTACHMENT B 

INTERLOCAL AGREEMENT FOR JAIL SERVICES 

THIS AGREEMENT is entered into between Snohomish County (hereinafter COUNTY), a 

political subdivision of the State of Washington and the Tulalip Tribes of Washington (hereinafter 

TRIBE), a Federally recognized Indian tribe organized pursuant to 16 of the Indian Reorganization 

Act of 1934, as amended, 25 U.S.C. 476, whose duly authorized governing body is the Board of 

Directors of the Tulalip Indian Reservation, as provided in Article VI of the Constitution and 

Bylaws of the TRIBE and which Tribe is a “public agency” as defined in RCW 39.34.020;

NOW, THEREFORE, in accordance with the Interlocal Cooperation Act (Chapter 39.34 

RCW) and the City and County Jails Act (Chapter 70.48 RCW), the COUNTY and TRIBE hereby 

agree as follows: 

Section 1. Definitions. 

A. In this agreement, the term “Jail” means any facility operated by Snohomish County

Corrections, including the Maximum Security Facility and the Work 

Release/Special Detention Facility, both located in Everett, Washington, and any 

other special detention facilities operated by the COUNTY subsequent to the date 

of this agreement. 

B. In this agreement, the term “TRIBAL prisoner” means a person housed in the Jail

for whom the TRIBE is the billable agency under the procedure set out in Exhibit 

A, attached, which is hereby incorporated by reference. 

C. In this agreement, the term “Director” means the Director, Snohomish County 

Corrections. 

D. In this agreement, the term ‘TRIBAL Law” means the laws of the TRIBE signing 

this agreement. 

E. In this agreement, the term “Home Detention” refers to a program of electronic

monitoring of defendants to insure that they remain at their residence when not at 

work or other approved destination. Defendants sentenced to Home Detention are 

considered to be in custody and will be booked and processed accordingly. 

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F. In this agreement, the term “Community Service” refers to a program in which 

defendants perform work for the COUNTY and/or TRIBE for a specified period of hours or days. 

Defendants are assigned to a work crew under the supervision of a Corrections Officer or TRIBAL 

employee or at the option of the TRIBE, may be assigned to perform work for a TRIBAL agency 

supervised by TRIBAL personnel. Defendants assigned to the Community Service Program are 

not considered to be in custody and are not subject to booking and processing. 

Section 2. Purpose. 

Under the authority of Chapter 70.58, the COUNTY maintains a Jail. The TRIBE from 

time to time desires to confine TRIBAL prisoners in the COUNTY Jail. The COUNTY agrees to 

furnish its facilities and personnel for confinement of TRIBAL prisoners in the same manner and 

to the same extent as the COUNTY furnishes for the confinement of its own prisoners. 

Section 3. Limitation. 

When the Jail is at maximum capacity as determined by the Director, confinement of 

TRIBAL prisoners following booking shall be at the discretion of the Director. All of the other 

terms of this agreement are subject to this limitation. 

Section 4. Procedure for Placing Prisoners in Jail. 

A. Subject to the conditions herein, the COUNTY will accept all arrested persons 

delivered by TRIBAL police officers to the Jail for confinement, including persons 

arrested for violation of the TRIBAL Law and will hold them until such time as 

they are lawfully discharged from custody pursuant to law. 

B. The Jail will not receive a person into custody until the officer having custody of 

the person provides the Jail with an arrest warrant, the order of a court of competent 

jurisdiction or a properly completed Notice of Arrest on the form provided by the 

court into which the defendant is being cited. The Notice of Arrest must clearly 

state the crime(s) for which the person is being confined, the name of the arresting 

officer(s), the date of arrest, whether or not any citations have been issued and, if 

so, the municipal ordinance or State law charged. A citation is not an order of a 

court and any persons to be booked on charges for which a citation is issued must 

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also have a Notice of Arrest form completed for them before the Jail will take them 

into custody. If the person being confined or booked is charged or to be charged 

with a misdemeanor(s), the Notice of Arrest must state whether the misdemeanor 

is charged or to be charged pursuant to State law or TRIBAL ordinance. 

C. A TRIBAL police officer placing a prisoner in custody of the Jail must remain in 

the immediate presence of the prisoner and will be considered to have the prisoner 

in his/her exclusive custody until the COUNTY Booking Officer audibly states that 

prebooking is complete, at which time and then only, the COUNTY will come into 

custody of the prisoner. 

D. A TRIBAL police officer may request that a prisoner be booked for information 

purposes only (I.D. booking), in which case the prisoner will be booked and 

immediately thereafter returned to the custody of the TRIBAL police officer. 

Section 5. Rules Relating to Prisoners in Custody. 

A. Persons convicted of violations of the TRIBAL Law may be given credit for time 

served against a fine or costs or both at such rate as is directed by the appropriate 

court. Persons convicted of violations of the laws may earn early release time of up 

to one third of the total sentence as authorized by Chapter 9.93 RCW. 

B. Investigators directed by the TRIBAL attorney and all TRIBAL police officers will 

have the right to interview TRIBAL prisoners at any time inside the confines of the 

Jail, subject only to necessary security rules. Interview rooms will be made 

available to TRIBAL police officers in equal priority with those of other police 

departments, including the Snohomish County Sheriff’s Department.

C. Prisoners in custody of the Jail will be in the complete charge of the Director and 

subject to all applicable rules of the Jail, including any emergency security rules 

imposed by the Director. It is expressly agreed by the TRIBE that visitation and 

telephone privileges of TRIBAL prisoners, if any, will be in the sole discretion of 

the Director, subject to applicable requirements of law. 

D. The Jail will be administered by the COUNTY in accordance with the rules and 

regulations of the Director, COUNTY ordinances and in accordance with the rules 

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and regulations of any agency of the State of Washington empowered to make rules 

governing the administration of COUNTY jails. 

E. TRIBAL prisoners may be made trustees when serving a sentence or serving out a 

fine, at the discretion of the Director and such prisoners may be allowed by the 

Director to work on TRIBAL or COUNTY property. TRIBAL prisoners assigned 

to work as trustees on the TRIBAL property may be released to the TRIBAL Chief 

of Police or his agent, upon initialed receipts, during such hours as the Director 

shall deem reasonable and during such period will be considered the sole 

responsibility of the TRIBE. 

F. A TRIBAL prisoner may be allowed into the Jail Work Release/Special Home 

Detention Program at the discretion of the Director only if authorized by the 

appropriate court. 

G. The COUNTY will produce TRIBAL prisoners before the following courts for 

arraignment, trial or other hearing as required by the court: Cascade District Court, 

Everett District Court, Evergreen District Court and South District Court. Nothing 

in this agreement shall be construed to prevent the TRIBE from transporting its own 

prisoners to and from a court appearance. The TRIBE will furnish all other 

transportation of TRIBAL prisoners. The COUNTY will provide transportation of 

prisoners within its custody to and from medical facilities within the Everett City 

limits when the Custody or Medical Supervisor(s) has determined that such 

treatment is necessary under Section 6(D), below. 

H. TRIBAL prisoners may participate in the COUNTY’S Community Service 

Program in lieu of serving a sentence or payment of a fine, if authorized by the 

sentencing court. 

Section 6. Costs/Fees to be Paid by TRIBE / Method of Establishing Rates / Amendment of 

Rates 

A. The TRIBE will pay the COUNTY fees for services as follows: 

1. Booking fee 

Applies to prisoners accepted into the Jail, the Work Release/Special 

Detention Facility, any other special detention facility and the Home 

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Detention Program. Does not apply to prisoners accepted into the 

Community Service Program. The only fee charged for prisoners released 

within four (4) hours of booking into the Jail. 

2. I. D. booking 

There will be no charge for prisoners booked for identification purposes 

only and immediately thereafter returned to the custody of the TRIBAL 

officer(s). 

3. Daily maintenance fee 

Applies to prisoners housed in Snohomish County Corrections facilities. 

Not charged for prisoners released within four (4) hours of acceptance. 

4. Home Detention daily maintenance fee 

5. Community Service fee 

Onetime administrative and insurance fee. 

B. Rates for the booking and daily maintenance fees shall be based upon actual costs 

of operating the facilities for the penultimate calendar year, pursuant to the 

method set forth in Exhibit B, attached, which is hereby incorporated by 

reference, EXCEPT that fees for Home Detention and Community Service shall 

be set annually by the COUNTY Council based upon costs associated with these 

programs. 

In July each year, the COUNTY will provide the TRIBE with rates for the 

following year based upon actual bookings, housing days and expenditures for the 

previous year. Annual revision of fees will be established by notice to the TRIBE, 

as provided in Section 12, in the form exemplified by Exhibit B attached, which is 

hereby incorporated by reference. The new fees will go into effect with the 

January billing. 

C. If a TRIBAL prisoner participating in the Work Release/Special Detention 

Facility or in the Home Detention or Community Service Programs set out in 

Sections 6(A), 3 and 4 herein has been ordered to pay a sum of money as daily 

rent by the sentencing court or is otherwise required to pay such a sum pursuant 

to law, the rate of compensation to be paid by the TRIBE for such prisoner shall 

be adjusted by a credit in favor of the TRIBE of that sum paid by the prisoner. 

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D. Costs incurred for necessary medical services to TRIBAL prisoners beyond 

routine medical examinations, tests, procedures and prescriptions will be borne by 

the TRIBE in addition to the basic rates set out in Section 6 (A). If the prisoner 

suffers an injury while in the custody of the Jail, the COUNTY will bear all 

expenses not covered by the prisoner’s health insurance and/or public assistance.

The Custody or Medical Supervisor(s) on duty in the Jail, is hereby granted the 

authority to seek necessary medical services for TRIBAL prisoners without 

consulting with TRIBE officials; PROVIDED, that when it appears that a 

TRIBAL prisoner, due to illness or accident, will incur unusual or substantial 

medical expenses, the Custody Supervisor shall notify the TRIBAL police 

department as soon as possible and cooperate in processing medical claims with 

the Indian Health Service or a medical insurer of the prisoner or the TRIBE. The 

COUNTY will credit amounts received from the prisoner’s own health insurance

and applicable public assistance before billing the TRIBE. 

Section 7. Duration/Termination. 

A. This agreement shall be in effect from the date upon which it is fully executed by 

both parties, subject to annual establishment of rates for services as described in 

Section 6 (B). The agreement shall automatically renew from year to year 

thereafter unless terminated pursuant to Section 7 (B). 

B. In the event that either party desires to terminate this agreement, written notice 

shall be given to the other party involved at least ninety (90) days prior to the 

annual renewal date. The notice shall state the grounds for termination. 

Section 8. Method of Payment and Billing Dispute Resolution Procedure 

A. The COUNTY shall bill the TRIBE monthly for all services provided under this 

agreement and this bill shall be payable by the 30th day following the date of 

invoice. 

B. If the TRIBE disputes all or a portion of the bill, the TRIBE will provide the 

COUNTY written notice within the time frame specified in Section 8 (A), 

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detailing the amount in question and the grounds for withholding all or a portion 

of the amount billed. 

The Director and TRIBAL Police Chief or their designee(s) shall attempt 

to resolve the dispute by negotiation. If such negotiation is unsuccessful, any 

such dispute shall be appealed to the Executive Director of the TRIBE and the 

COUNTY Executive for settlement. If not resolved by them within thirty (30) 

days of referral, the Executive Director and the COUNTY Executive by mutual 

written consent, may apply to the Presiding Judge of the Snohomish County 

Superior Court for appointment of an arbitrator whose decision shall be final and 

binding on both parties. Each party shall pay one-half of the arbitrator’s fee. If

mutual written consent to apply for the appointment of an arbitrator is not 

reached, either party may seek court action to decide the disputed contract 

provision. 

Any amount withheld from a billing which is determined to be owed to the 

COUNTY pursuant to the billing dispute resolution procedure described herein, 

shall be paid by the TRIBE within thirty (30) days of the date of the negotiated 

resolution, arbitrator’s decision or court finding.

C. Any undisputed billing amount not paid by the TRIBE within forty-five (45) days 

of receipt of the billing and any amounts found to be owing to the COUNTY as a 

result of the billing dispute resolution procedure that are not paid within thirty 

(30) days of resolution, shall be conclusively established as a lawful debt owed to 

the COUNTY by the TRIBE, shall be binding on the parties and shall not be 

subject to legal question whether directly or collaterally. 

Section 9. Indemnification – Litigation. 

A. The COUNTY shall indemnify, defend and hold harmless the TRIBE, its elected 

and appointed officials, officers, agents and employees from any and all liability 

and costs, including reasonable attorney fees and expert witness fees arising out 

of any act or omission of the COUNTY, its officers, agents and employees. Such 

liability may include, but not be limited to, violations of Jail standards or 

prisoner’s civil rights.

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The TRIBE shall indemnify, defend and hold harmless the COUNTY, its 

officers, elected and appointed officials, agents and employees from any and all 

liability and costs, including reasonable attorney fees and expert witness fees 

arising out of any act or omission of the TRIBAL officers, agents and employees. 

Such liability shall include, but not be limited to, false arrest and 

violations of a prisoner’s constitutional and/or civil rights.

Section 10. Remedies. 

A. No waiver of any right under this agreement shall be effective unless made in 

writing by the Executive Director of the TRIBE or the Executive of the 

COUNTY. Failure to insist upon full performance on any one or several 

occasions does not constitute consent to or waiver of any later nonperformance 

nor does payment of a billing or continued performance after notice of a 

deficiency in performance constitute on acquiescence thereto. 

Section 11. Modification/Amendment. 

A. This agreement may not be modified orally. Modification must be accomplished 

with the same formalities as are required for execution of this agreement. 

Section 12. Notices. 

A. All notices required by this agreement to be given to the COUNTY, shall be made 

in writing and personally delivered or sent by registered mail, to the Executive of 

the COUNTY. 

B. All notices required by this agreement to be given to the TRIBE, shall be made in 

writing and personally delivered or sent by registered mail, to the TRIBE’s

Executive Director. 

C. The Director, Snohomish County Corrections and the Executive Director of the 

TRIBE, shall be the administrators of this agreement pursuant to RCW 39.34.030 

(4) (A). 

Section 13. Severability. 

A. If any provision of this agreement is found to be invalid or contrary to law, the 

remainder of this agreement shall not be affected thereby. 

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________________________________________ ______________________________ 

________________________________________ ______________________________ 

________________________________________ ______________________________ 

________________________________________ ______________________________ 

Section 14. Filing. 

A. Pursuant to Chapter 39.34 RCW, a copy of this agreement as fully executed shall 

be filed by the COUNTY with the COUNTY Auditor and the Secretary of State 

and by the TRIBE with the TRIBE Clerk. 

IN WITNESS WHEREOF, the COUNTY and the TRIBE have executed this agreement 

by subscribing their names as follows: 

Approved at Direction of 

County Council: 

SNOHOMISH COUNTY 

William B. Harper, 

Corrections Director 

Date 

Approved as to Form: 

Tracy G. Waggoner, 

Deputy Prosecuting Attorney 

Date 

Approved: TULALIP TRIBES OF WASHINGTON 

Chairman, Board of Directors Date 

Attest: 

Secretary, Board of Directors Date 

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EXHIBIT A 

CONDITIONS UNDER WHICH A PRISONER IS BILLABLE TO AN AGENCY 

A prisoner is billable to an agency during the time period when: 

1. He is being held on violation of a TRIBAL ordinance or on a warrant or court order 

issued by the TRIBAL’s Law or by District Court acting as the TRIBE’s municipal court; and 

2. He is not being held on any active felony charge; and 

3. He is not a Federal prisoner who can be removed by the Federal agency without regard to 

local charges; and 

4. The total of bails on the agency’s active charges is higher than or equal to the total of 

bails on any other agency’s active charges; EXCEPT THAT

5. If the high bail agency could transfer the prisoner to its own jail if active charges from 

other agencies were not holding him in Snohomish County Corrections Facilities, then the 

agency or agencies with the next highest total accumulated bail is billable. 

Active vs. Inactive Charges 

A charge is considered inactive and not relevant for billing purposes when: 

1. The prisoner receives a personal recognizance release, posts bail or finishes serving a 

sentence on it; or 

2. The charge is dismissed, not filed or otherwise withdrawn; or 

3. The charge carries a consecutive sentence the prisoner has not yet begun to serve; or 

4. The agency with jurisdiction on that charge cannot remove the prisoner to its own facility 

until charges requiring his custody in Snohomish County Corrections Facilities are satisfied. 

Total Accumulated Bail 

Bail amounts as established by Everett District Court’s bail schedule will be used to determine 

which agency has the highest total accumulated bail until such time as the computer system 

generating the billing register becomes capable of working with the amount actually required to 

release the prisoner on the charge. At that time, the bail amount in effect will be used. 

“No bail” is the highest possible bail; an agency with a no bail charge will therefore be billable.

A sentenced charge is no bail charge. 

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Split Billings 

When the highest total accumulated bail is found in more than one agency, booking and housing 

fees will be shared equally among the agencies. Billings will also be split for a day in which the 

billing agency changes. 

Booking Fees 

Booking fees are assessed against the agency or agencies billable at time of booking. An agency 

that becomes billable when booking charges become inactive or when new charges are added is 

not responsible for any part of the booking fee. 

An agency will NOT be billed for subsequent bookings when the prisoner: 

1. Returns from a furlough or Temporary Removal Order, unless he is arrested and charged 

with escape for failing to return voluntarily; or 

2. Is service a sentence on weekends; or 

3. Is transferred by Snohomish County Corrections between the Jail and Work Release 

Facility with no break in custody; or 

4. Has more charges than can be contained in single booking record, requiring the creation 

of a new booking. 

The agency will be billed for a subsequent booking following a break in custody when the 

prisoner: 

1. Is booked on new charges; or 

2. Returns to custody on a warrant or bond surrender or to serve a sentence on a charge on 

which he was previously booked; 

3. Did not return voluntarily from a court ordered Temporary Removal Order or Furlough 

but rather was returned under arrest and charged with escape. 

Credit for Prisoner Paid Fees 

Fees paid by Work Release Program residents and offenders on Home Detention as a condition 

of participation in those programs are credited against housing charges for those prisoners. 

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EXHIBIT B 

SNOHOMISH COUNTY CORRECTIONS 

ESTABLISHING 1994 JAIL FEES 

1992 BOOKING COSTS 

 Salaries & Benefits $936,540 

 Supplies 55,693 

 Computer & Teletype Systems 153,934 

 Building & Equipment 16,385 

 Personnel & Payroll Services 9,788 

 Purchasing & Accounting Services 3,483 

 Prosecuting Attorney Services 902 

 State Examiner 1,803 

 Total Ancillary Costs 32,361 

BOOKING COSTS $1,178,528 

1992 HOUSING COSTS 

 Salaries & Benefits $6,399,821 

 Operating Costs 1,495,902 

 Computer & Teletype Systems 342,792 

 Building & Equipment 311,314 

 Personnel & Payroll Services 56,568 

 Purchasing & Accounting Services 31,348 

 Prosecuting Attorney Services 8,119 

 State Examiner 20,057 

 Total Ancillary Costs 427,406 

HOUSING COSTS $8,665,921 

TOTAL COST BASE $9,844,449 

FEES BASED ON 1992 EXPERIENCE 

 Booking costs: $1,178,528 

 Divided by number of 1992 bookings: 18,148 

BOOKING FEE 

30 

 Sole charge for prisoners released within four hours $64.94 

 Total housing costs $8,665,921 

 Divided by1992 prisoner days: 193,460 

 DAILY HOUSING FEE $44.80 
 HOME DETENTION DAILY MAINTENANCE FEE $15.00 

 COMMUNITY SERVICE FEE $10.00 

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