To: Board of Supervisors
From: Anna Roth, Health Services Director
Report Title: Adopt a Resolution and Submit Application for the Department of State Hospitals Incompetent to Stand Trial Diversion and Community Based Infrastructure Project
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director, or the Behavioral Health Services Division Director, to adopt a Resolution and to submit an application to the California Department of State Hospitals (DSH), through its Contractor Advocates for Human Potential, Inc., for a non-competitive allocation in an amount not to exceed $8,718,750 to build capacity for residential treatment homes and facilities to increase access to diversion and community-based treatment for eligible individuals found incompetent to stand trial (IST) on felony charges and commit to enter into an subsequent agreement with DSH to provide wraparound services to clients participating in felony diversion programs through June 30, 2028.
FISCAL IMPACT:
Upon final acceptance County will receive allocated funds from DSH through their administrator, Advocates for Human Potential, to develop residential treatment and housing facilities. County will receive an allocation of up to $8,718,750 at a rate of $93,750 per bed up to 93 beds. As part of the terms of this grant County will be required to enter into a separate service contract to provide an operating budget for the program, which is inclusive wraparound service for program participants, county overhead, justice partner funding, violence risk assessment support and court liaisons. Costs in excess of the operating budget would be the responsibility of the County. There is no required County match.
BACKGROUND:
The State of California has made $468.8 million in one-time funds available to develop residential housing settings to support individuals who are participating in either DSH-funded diversion or community-based restoration (CBR) programs to address a housing capacity deficit of nearly 5,000 beds to service this population statewide. Contra Costa is projected to receive up to $8,718,750 to develop a proposed 93 beds. The proposed funding will provide $93,750 per bed for start-up costs such as down payments, renovation, necessary retrofitting and furnishings for staff and patients. By participating in this funding opportunity County will agree to a restrictive covenant on property for 20-30 years from the date of the award.
As conditioned by accepting this funding allocation County will also agree to enter into a separate service Contract with DSH to fund the ongoing operation of the developed beds. County will receive $125,000 per felony IST client treated in either CBR or diversion program. This rate is intended to fund an intensive community treatment model with increased frequency of clinical contacts and access to psychiatry services, as well as all wraparound services and housing costs for an average 18-month length of stay. Contra Costa is allocated up to $9,675,000 for annual costs of operation of this program including any debt service to the property, future maintenance, county overhead and court related costs.
Applications for this program will be accepted through June 30, 2024 with benchmark periods closing on May 1, 2023, November 1, 2023 and May 1, 2024. Award letters will be issued approximately 30 days following the closing of a benchmark period where a completed application is received. Funds for capital development must be expended by June 30, 2028.
The Department will return to the Board of Supervisors for approval of final award acceptance and approval upon receipt of the of the agreement from Advocates for Human Potential.
CONSEQUENCE OF NEGATIVE ACTION:
If this application and Resolution is not approved, County will not receive funds for the development of residential treatment options and programing for individuals participating in felony diversion programs leading to backlogs and extended incarceration periods for individuals who may be eligible for the program.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
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IN THE MATTER OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY AUTHORIZING COUNTY PROPOSAL TO AND PARTICIPATION IN THE INCOMPETENT TO STAND TRIAL DIVERSION AND COMMUNITY-BASED RESTORATION INFRASTRUCTURE PROGRAM ("IST")
WHEREAS,
A. The California Department of State Hospitals, through its contractor Advocates for Human Potential, Inc., (“Department”) has issued a Request for Proposals, dated February 22, 2023 (“RFP”), for the IST Program (“Program”). The Department has issued the RFP for Program grant funds pursuant to Welfare and Institutions Code Sections 4361.6.
B. Contra Costa County, a political subdivision of the State of California, acting through its Behavioral Health Services Division ("Applicant”), desires to apply for Program grant funds by submitting a county proposal for Program grant funds ("County Proposal") to the Department for review and consideration.
C. The Department is authorized to administer the Program pursuant to Welfare and Institutions Code Section 4361.6. Program funding allocations are subject to the terms and conditions of the RFP, the County Proposal, Program Funding Agreement (“Program Funding Agreement”), and all other legal requirements of the Program.
NOW, THEREFORE, BE IT RESOLVED
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1. Applicant is hereby authorized and directed to enter into, execute, and deliver a Program Funding Agreement in a total amount not to exceed $8,718,750, any and all other documents required or deemed necessary or appropriate to secure the Program grant funds from the Department, the Project Application, Disbursement Request, and Compliance Certification No. 1, as may be required, each as defined in the Program Funding Agreement, and to participate in the Program, and all amendments thereto (collectively, the “Program Documents”).
2. Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Program Funding Agreement, contingent on County Counsel review and approval. Any and all activities, expenditures, information, and timelines represented in the County Proposal are enforceable through the Program Funding Agreement. Program grant funds are to be used for the allowable expenditures and activities identified in the Program Funding Agreement.
3. Suzanne Tavano, Ph.D., Behavioral Health Services Division Director (the “Authorized Signatory”), is authorized to execute the County Proposal and the Program Documents on behalf of Applicant for participation in the Program; and Applicant further agrees and authorizes the Authorized Signatory to execute the declaration of restrictions to be recorded against each project to be described in the Project Application as more particularly described in the Program Funding Agreement.