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Approve a $6,665,902 renewal revenue agreement between the County of Solano and the California Department of State Hospitals for Solano County’s in-house Jail-Based Competency Treatment Program for the period of October 15, 2023 through October 14, 2026; Delegate authority to the County Administrator, pending County Counsel approval of the final form of the agreement, to execute the revenue agreement with the State; Approve an Appropriation Transfer Request of $192,456 to recognize unanticipated revenue from the Department of State Hospitals and related appropriations to fund program activities (4/5 Vote Required); and Authorize the Sheriff, Undersheriff, or the Director of Administrative Services to execute contract amendments which are technical and administrative in nature
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Published Notice Required? Yes ____ No _X _
Public Hearing Required? Yes ____ No _X _
DEPARTMENTAL RECOMMENDATION:
The Sheriff recommends that the Board of Supervisors:
1. Approve a $6,665,902 renewal revenue agreement between the County of Solano and the California Department of State Hospitals for Solano County’s in-house Jail-Based Competency Treatment Program for the period of October 15, 2023 through October 14, 2026;
2. Delegate authority to the County Administrator, pending County Counsel approval of the final form of the agreement, to execute the revenue agreement with the State;
3. Approve an Appropriation Transfer Request of $192,456 to recognize unanticipated revenue from the Department of State Hospitals and related appropriations to fund program activities (4/5 Vote Required); and
4. Authorize the Sheriff, Undersheriff, or the Director of Administrative Services to execute contract amendments which are technical and administrative in nature.
SUMMARY:
The Solano County jail population includes inmates who have been found Incompetent to Stand Trial (IST) due to their inability to understand or effectively assist in their own defense during a criminal justice proceeding. Pursuant to California Penal Code Section 1370, if a defendant is found mentally incompetent, the trial, the hearing on the alleged violation, or the judgement shall be suspended until the person becomes mentally competent.
Solano County established an in-house JBCT program in February 2018. The current agreement with the Department of State Hospitals (DSH) for the Jail-Based Competency Treatment (JBCT) program expires on October 14, 2023. The program has served more than 192 inmates and has proven effective with a 51% restoration rate. The Sheriff’s Office requests to renew this partnership as it will continue to shorten delays in legal proceedings when a defendant is deemed IST. The proposed revenue agreement with the California Department of State Hospitals is included as Attachment A.
FINANCIAL IMPACT:
The proposed renewal agreement with DSH has a total maximum revenue of $6,665,902 for the period of October 15, 2023 through October 14, 2026. DSH will guarantee reimbursement to the County of Solano for 12 inmates at a rate of $481.49 per inmate per day or $5,777.88 daily plus $19,104 for program replenishment funds for the first year of the agreement. The anticipated revenue for FY2023/24 is $1,496,471 based on 259 days. The agreement has a new ninety percent (90%) program occupancy requirement to support the guaranteed State reimbursement, therefore the County may need to accept program participants from other counties from time to time to remain compliant. The agreement allows for annual per diem rate increases. For Year 2, the per diem rate is increased to $503.83 per inmate per day or $6,045.96 daily; and for Year 3, the per diem rate is increased to $527.65 per inmate per day or $6,331.80 daily.
The daily reimbursement rate covers all program costs, including contracted service costs from Wellpath for salary and benefits of Wellpath program staff, medications, laboratory service, and medical supplies; County costs for 2.34 FTE Correctional Officers to provide program support, security, and custodial care; costs for clothing, bedding, food, personal hygiene; program materials and supplies; and costs for basic medical, mental health, and dental services. The program replenishment funds will cover four replacement laptops and accessories for program and other supplies.
The Sheriff’s Operating Budget included an expected increase for program expenses; however, the budgeted increase is insufficient. Therefore, an Appropriation Transfer Request of $192,456 is necessary for anticipated increased expenditures entirely offset with unanticipated State funds. The Sheriff’s Office will include sufficient appropriations and offsetting revenue in its FY2024/25 and FY2025/26 Requested Budgets.
The cost associated with preparing the agenda item is nominal and absorbed by the Sheriff’s FY2023/24 Working Budget.
DISCUSSION:
The DSH, in response to the lack of available bed space at the state hospitals for defendants declared IST, developed a successful JBCT pilot program in 2011 and later expanded it to include several California counties. JBCT programs provide effective treatment to those felony defendants deemed IST with the goal of restoration. The program quickly facilitates competency through intensive medication treatment, group and individual therapy which includes learning experiences involving discussion, reading and video, role play, and mock trials. The 60-day program cycle allows flexibility for JBCT Patient Inmate turnover as many inmates are expected to be returned to competency before 60 days while some may need more time in the program.
Solano County established an in-house JBCT program in February 2018 at the downtown Justice Center Detention Facility but recently moved to the Stanton Correctional Facility. The program is primarily staffed by the following Wellpath employees: 1.0 FTE Program Director, 0.4 FTE Psychiatrist, 0.6 FTE Psychologist, 1.0 FTE Competency Trainer, 1.0 FTE Mental Health Clinician, 1.0 FTE Administrative Assistant. Additionally, the County will be provided 2.34 FTE Correctional Officers.
Wellpath staff develops individualized treatment plans for each JBCT Patient Inmate by identifying and addressing specific issues that contribute to their IST condition. Patient Inmates receive daily group and individual treatment sessions. Educational materials utilized during sessions address criminal charges, severity of charges, sentencing, pleas, plea bargaining, roles of the courtroom personnel, court room behavior, and probation and parole.
IST defendants who have been restored to competency remain at the facility until they are able to continue with their court proceedings. Wellpath staff develop a release plan to transition these defendants to the general inmate population where they would receive services under the broader Wellpath contract and continue medication treatment as prescribed without disruption. Wellpath meets with the JBCT Patient Inmate prior to the transition to communicate the plan for release and ongoing mental health care services.
ALTERNATIVES:
The Board of Supervisors could choose not to approve the renewal agreement between the County of Solano and the California Department of State Hospitals; however, this action is not recommended as without an in-house JBCT program, inmates deemed IST would further deteriorate while awaiting placement at a state hospital and will not receive the necessary treatment to continue their legal proceedings.
OTHER AGENCY INVOLVEMENT:
The California Department of State Hospitals standard agreement was used. County Counsel will review and approve the agreement as to form prior to finalization.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION