To: Board of Supervisors
From: Monica Nino, County Administrator
Report Title: Amendment #2 - Department of State Hospitals Mental Health Diversion Program
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
RATIFY the County Administrator’s execution of a contract amendment with the State of California Department of State Hospitals to extend the term date from June 30, 2024, to April 30, 2025, with no change to the amount payable to the County totaling $6,452,100 to administer a pretrial mental health jail diversion program for individuals charged with felony offenses in Contra Costa County.
FISCAL IMPACT:
No fiscal impact. Today’s action only extends the term of the existing agreement to allow the County additional time to draw down funds. This agreement allows the County to receive up to $6.4 million.
BACKGROUND:
Assembly Bill No.1810 (2018) authorized the State of California Department of State Hospitals (DSH) to contract with the County to fund the development and/or expansion of pretrial diversion for individuals with serious mental disorders who may otherwise be found incompetent to stand trial (IST) and committed to DSH for restoration of competency. The bill required participants in the pretrial diversion program to meet specified criteria, including, among others, that they suffer from certain mental health disorders and have felony charges, and that there is a significant relationship between the serious mental disorders and the charged offense.
On May 12, 2020, the Board of Supervisors authorized an agreement with the DSH to have the County administer a pretrial jail felony mental health diversion program for individuals charged with felony offenses in Contra Costa County. Program participants were to be individuals with serious mental disorders who have committed certain felony crimes and found by the Superior Court to qualify for diversion services pursuant to Penal Code § 1001.36. In addition to establishing the appropriate processes within the County's justice system, the agreement also allowed for additional staffing will be provided in Health Services, Public Defender's Office, and the District Attorney's Office to properly administer the program. The agreement has provided the County the resources needed to provide clinically appropriate and evidence-based mental health treatment and wraparound services across a continuum of care to meet the individual needs of the participating clients.
On October 25, 2022, the Board of Supervisors authorized an amendment to the agreement to provide additional funding and to extend the term of the agreement. This amendment provided the resources necessary for the County to secure appropriate placements and housing for diversion clients found IST who are currently on the DSH IST waitlist. The County has been able to provide housing to diversion clients in the most appropriate level-of-care including, but not limited to, short-term treatment facilities, residential housing with clinically enhanced services, board and care homes, or other appropriate residential facilities.
Today’s action ratifies the County Administrator’s execution of an amendment to extend the existing agreement from June 30, 2024, through April 30, 2025, enabling the County additional time to receive funding for services provided to eligible clients. DSH required the County to return an executed amendment within a short timeframe which necessitated the County Administrator to execute the amendment prior to receiving Board approval.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, the agreement with DSH would not be amended and the County will not be able to receive eligible funding beyond June 30, 2024.