To: Board of Supervisors
From: DHHS: Behavioral Health
Agenda Section: Consent
Vote Requirement: Majority
SUBJECT:
title
Agreements with California Department of State Hospitals Regarding the Humboldt County Department of Health and Human Services - Behavioral Health’s Participation in the Pre-Trial Felony Diversion Program and the Community Based Restoration Program
end
RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Approve, and authorize the Department of Health and Human Services - Behavioral Health Director, or a designee thereof, to execute, the attached agreement with California Department of State Hospitals regarding Humboldt County Department of Health and Human Services - Behavioral Health’s participation in the Pre-Trial Felony Diversion Program for the period of July 1, 2024 through June 30, 2029 in the amount of $20,967,750; and
2. Approve, and authorize the Department of Health and Human Services - Behavioral Health Director, or a designee thereof, to execute, the attached agreement with California Department of State Hospitals regarding Humboldt County Department of Health and Human Services - Behavioral Health’s participation in the Community Based Restoration Program for the period of July 1, 2024 through June 30, 2029 in the amount of $6,768,250; and
3. Authorize the Department of Health and Human Services - Behavioral Health Director, or a designee thereof, to execute any and all subsequent extensions, modifications and amendments to the attached agreements with the California Department of State Hospitals after review and approval by County Counsel, Risk Management and the County Administrative Office.
Body
STRATEGIC PLAN:
This action supports the following areas of your Board’s Strategic Plan.
Area of Focus: Safe & Healthy Communities
Strategic Plan Category: 1001 -Support and sustain partnerships between public safety and partner agencies to enhance public safety in our communities
DISCUSSION:
On May 8, 2020, the California Department of State Hospitals (DSH) awarded the County of Humboldt, by and through its Department of Health and Human Services - Behavioral Health (DHHS - Behavioral Health), grant funding in the amount of $979,800 for the purpose of implementing a Pre-Trial Felony Mental Health Diversion Program in Humboldt County. The DSH Diversion Program is a collaboration between DSH and county governments to develop or expand diversion programs for individuals with serious mental illness who face felony charges and could be determined to be Incompetent to Stand Trial (IST). The DSH Diversion Program provides funding to counties to support community mental health treatment and other services for these individuals. The funding has allowed DHHS - Behavioral Health to hire several mental health professionals responsible for providing, in collaboration with various criminal justice partners, mental health triage services, including, without limitation, necessary diversion across a continuum of care settings for individuals with significant mental health challenges who have been, or are at risk of being, found incompetent to stand trial on felony charges.
The Department of State Hospitals has awarded DHHS - Behavioral Health $20,967,750 to continue the Pre-trial Felony Diversion Program for the period of July 1, 2024, through June 30, 2029. DHHS - Behavioral Health will administer a pre-trial felony mental health diversion program for individuals charged with felony offenses. Program participants are individuals with serious mental disorders who have been charged with certain felony crimes and found by a Court of competent jurisdiction, to qualify for diversion services pursuant to Penal Code (PC) section 1001.36 and Welfare & Institutions Code (WIC) section 4361. The program shall support up to 25 new felony mental health diversion client admissions per year. DHHS - Behavioral Health shall provide clinically appropriate or evidence-based mental health treatment and wraparound services across a continuum of care, as appropriate, to meet the individual needs of Felony Mental Health Diversion clients. For definition purposes, “wraparound services” means services provided in addition to the mental health treatment necessary to meet the individual’s needs for successfully managing their mental health symptoms and to successfully live in the community.
In conjunction, the Department of State Hospitals has awarded DHHS - Behavioral Health $6,768,250 to provide services for a Community Based Restoration Program for the period of July 1, 2024, through June 30, 2029. A Community Based Restoration program is designed to assist felony Incompetent to Stand Trail (IST) defendants receive competency restoration services in a community setting in lieu of an inpatient DSH setting. DHHS - Behavioral Health will administer a Community-Based Restoration Program for individuals charged with felony offenses found by the courts to be Incompetent to Stand Trial under Penal Code section 1370. This program shall support up to 8 new Felony IST Client admissions per year. Once determined by DHHS - Behavioral Health to be clinically appropriate for admission, DHHS - Behavioral Health shall identify the appropriate level of care for each Felony IST Client being placed in the community-based competency restoration program: acute, subacute, or residential. Thereafter admission, DHHS - Behavioral Health shall continually assess each Felony IST Client for level of care adjustments.
Accordingly, DHHS - Behavioral Health recommends that the Board approve and authorize the Department of Health and Human Services - Behavioral Health Director, or a designee thereof, to execute, the attached agreements with California Department of State Hospitals regarding Humboldt County Department of Health and Human Services - Behavioral Health’s participation in the Pre-Trial Felony Diversion Program and Community Based Restoration for the period of July 1, 2024 through June 30, 2029.
It should be noted that the attached agreements come to the Board after the start date thereof due to inadvertent delays that occurred during the contract development process. The agreements were received from California Department of State Hospitals on March 5, 2025.
SOURCE OF FUNDING:
Behavioral Health Fund ( 1170-424)
FINANCIAL IMPACT:
|
Expenditures (1170-424) |
FY24-25 |
FY25-26 Projected* |
FY26-27 Projected* |
|
Budgeted Expenses |
$3,236,750 |
$4,432,750 |
$4,432,750 |
|
Additional Appropriation Requested |
|
|
|
|
Total Expenditures |
$3,236,750 |
$4,432,750 |
$4,432,750 |
*Projected amounts are estimates and are subject to change.
|
Expenditures (1170-424) |
FY24-25 |
FY25-26 Projected* |
FY26-27 Projected* |
|
Budgeted Expenses |
$1,047,250 |
$1,430,250 |
$1,430,250 |
|
Additional Appropriation Requested |
|
|
|
|
Total Expenditures |
$1,047,250 |
$1,430,250 |
$1,430,250 |
*Projected amounts are estimates and are subject to change
Narrative Explanation of Financial Impact:
Should your Board approve the attached contract, DHHS-Behavioral Health will return to your Board with supplemental budget request for the funding made available through the California Department of State Hospitals’ Pre-Trial Felony Mental Health Diversion Program includes allocations of $3,236,750 for fiscal year (FY) 2024-25 and $4,432,750 per fiscal year for the following fiscal years until program ends in FY 2028-29. Future years will be included in the annual budget cycle.
In addition, should your Board approve the attached contract, DHHS-Behavioral Health will return to your Board with supplemental budget request for the funding made available through the California Department of State Hospitals to provide services for a Community Based Restoration Program includes allocations of $1,047,250 for FY 2024-25 and $1,430,250 per fiscal year for the following fiscal years until program ends in FY 2028-29. Future years will be included in the annual budget cycle.
STAFFING IMPACT:
Acceptance of the agreements with DSH to receive funding to administer a Pre-Trial Felony Diversion and Community Based Restoration Program will impact staffing. The full extent is unknown, as the needs of a large multi-year project evolves over time. It is reasonable to believe a project of this magnitude will require a minimum of 0.10 Full-Time Equivalent (FTE) Administrative Analyst time to support contract development, data collection and reporting. These duties will be absorbed by existing staff, no additional staff will be requested.
OTHER AGENCY INVOLVEMENT:
None
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Board may choose not to approve the attached agreements to accept the Pre-Trial Felony Mental Health Diversion Program and Community Based Restoration funding that has been awarded by the California Department of State Hospitals. However, this alternative is not recommended since it would not allow DHHS - Behavioral Health to obtain funding that would be used to support the provision of necessary mental health diversion services to individuals who have been, or are at risk of being, found incompetent to stand trial.
ATTACHMENTS:
1. Department of State Hospitals Pre-Trial Felony Mental Health Diversion Program Agreement
2. Department of State Hospitals Community Based Restoration Program Agreement
PREVIOUS ACTION/REFERRAL:
Meeting of: 6/2/2020
File No.: 20-645