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5.3 Health Care Clearance. The County will have no obligation to receive into <br />custody or retain custody of a City Inmate absent a determination, on an ongoing basis, by Jail <br />staff that the City Inmate (a) is medically and psychiatrically able to be housed in the Jail, and (b) <br />does not need medical and/or psychiatric attention that would require treatment at a hospital or <br />other type of health care facility. At all times, the County's Administrator shall have final authority <br />to determine whether a City Inmate is medically and/or psychiatrically fit for Jail. <br />5.4 Population Limits. The County shall have the right to return City Inmates <br />to City custody if the Jail reaches the maximum allowable population level (the "MAPL"). The <br />MAPL refers to the greatest number of inmates that can be held in the Jail in a safe, secure, and <br />humane manner. The MAPL applies to the overall number of inmates, but may also be applied to <br />specific populations of inmates (i.e. security level, medical need, mental health housing, etc.). The <br />Snohomish County Sheriff, or his or her designee, shall determine, in his or her sole discretion, <br />the MAPL. Every effort will be made to manage the MAPL, including booking restrictions. In the <br />event that the MAPL is reached and the County determines that inmates must be removed from <br />the Jail, priority for removal shall be as follows: <br />(a) Inmates from out -of -county jurisdictions in reverse order from the date of <br />execution of the respective jurisdictions' interlocal agreements with the <br />County; then <br />(b) Inmates from in -county jurisdictions, including the City, in reverse order <br />from the date of execution of the respective jurisdictions' interlocal <br />agreements with the County; then <br />(c) Inmates confined on Snohomish County charges or commitments. <br />The County's Administrator shall have final authority on MAPL reduction measures, and in the <br />event the County determines that City Inmates shall be removed from the Jail according to this <br />priority schedule, the County will provide the City fourteen (14) days' notice to remove City <br />Inmates. <br />5.5 Earned Early Release. The County will release City Inmates in accordance <br />with applicable statutes governing the calculation of jail commitments, including with respect to <br />earned release time pursuant to Chapter 9.94A.729 RCW and Chapter 9.92.151 RCW. <br />6. Payment by City. <br />6.1 Proportional Billing. The County employs proportional billing practices <br />when invoicing jurisdictions for Services. Attached hereto as Exhibit A and incorporated herein <br />by this reference is an explanation of the County's proportional billing practices. Commensurate <br />with these practices, the City shall be invoiced only its proportionate share of the applicable Fees <br />and Costs, as defined in Section 6.2 below, for a City Inmate under either of the following <br />circumstances: <br />6.1.1 The City Inmate (a) is being held on criminal misdemeanor or gross <br />misdemeanor charge(s) (whether or not formally arraigned) or on a warrant or court order <br />INTERLOCAL AGREEMENT FOR JAIL SERVICES <br />BETWEEN SNOHOMISH COUNTY AND THE CITY OF Everett <br />5of12 <br />