To: Board of Supervisors
From: Sheriff
Agenda Section: Consent
SUBJECT:
title
Approval of State Standard Agreement between the Humboldt County Correctional Facility (HCCF) and the Department of State Hospitals (DSH) for the Jail-Based Competency Treatment Program (JBCT)
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Approve, and authorize the Chair of the Board to execute, the attached State Standard Agreement between HCCF and DSH regarding JBCT services in the amount of $5,077,367.44 for the period of July 1, 2022 to June 30, 2025;
2. Authorize the Sheriff, Correctional Captain, or Deputy Director Financial and Support Services, to execute any and all subsequent amendments, extensions, revisions or termination to the attached State Standard Agreement with HCCF and DSH after review and approval by County Counsel, Risk Management and the County Administrative Office;
3. Direct the Clerk of the Board to return one fully executed original copy of the attached State Standard Agreement with HCCF and DSH to HCCF, Attn: Captain Duane Christian for further processing.
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SOURCE OF FUNDING:
Jail Based Competency Program 1100-243200, 800870 Charges for Services, Department of State Hospitals
DISCUSSION:
In September 2020, the HCCF opened its 6-bed JBCT program, fully funded by DSH, subcontracting for JBCT services with California Forensic Medical Group doing business as Wellpath (“Wellpath”). Since then, the JBCT has restored numerous inmates to competency to prepare them for trial, significantly shortening the time inmates previously spent waiting for a bed at a state hospital. This program has been a huge benefit to the patients, the correctional facility, and DSH.
DSH has agreed to continue to fund the JBCT and expand from six beds to eight, as Humboldt County continues to see an increase in those declared incompetent to stand trial. Wellpath will continue to provide the JBCT services pursuant to a separate service agreement.
JBCT services will be provided to inmates facing felony charges who have been declared “Incompetent to Stand Trial” (IST). These services include competency training, individual therapy and group sessions, with the goal of stabilizing the patient and helping them understand the court process to assist their attorneys with their defense.
Accordingly, the HCCF recommends that the Board of Supervisors approve, and authorize the Chair to execute, the attached State Standard Agreement with DSH regarding the provision of JBCT services for the period of July 1, 2022 to June 30, 2025. Staff also recommends that the Board authorize the Sheriff, Correctional Captain, or Deputy Director Financial and Support Services, to execute any and all subsequent amendments to the attached State Standard Agreement with DSH, after review and approval by County Counsel, Risk Management and the County Administrative Office, in order to avoid any unnecessary delays in the provision of needed JBCT services.
FINANCIAL IMPACT:
The attached State Standard Agreement with DSH has a total revenue of $5,077,367.44 for the period of July 1, 2022 to June 30, 2025. DSH will fully fund all costs for the program and help offset existing facility costs. DSH will pay HCCF $518.93 per day per bed for a total of $4,151.44/day for the eight allocated beds. This totals $1,515,275.60 in years 1 and 3 of the agreement and $1,519,427.04 for year 2 due to it being a leap year. In addition, DSH will provide $153,796.40 per year to reimburse for the cost of long-acting injectable medications used for treatment, $12,000 per year for program replenishment costs and a one-time program expansion cost not to exceed $30,000.
Revenue and related expenses for the day/bed fees, program replenishment costs, and one-time program expansion costs for the attached agreement has been included in the pending FY 2022-2023 budget for the Sheriff JBCT budget, 1100-243200, and will be included in the upcoming budgets for the life of the contract. The sub-contract with Wellpath for JBCT services will be paid for out of this revenue, with any remaining revenue used to help offset other HCCF operating costs. The $153,796.40 to reimburse for long-acting injectable medication costs was not included in the pending budget. HCSO will bring a supplemental budget to the board for the reimbursement and related expenses for that portion of the contract. As a result, approval of the agreement with DSH will not impact the General Fund.
STRATEGIC FRAMEWORK:
This action supports your Board’s Strategic Framework by seeking outside funding sources to benefit Humboldt County needs.
OTHER AGENCY INVOLVEMENT:
Department of State Hospitals
California Forensic Medical Group/Wellpath
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Board could choose not to approve the agreement or allow the Chair to sign such agreements, however this alternative is not recommended as it will deny the incarcerated IST population quicker access to competency restoration services and once again lead to a backlog of IST inmates waiting placement in the overcrowded state hospital system.
ATTACHMENTS:
1. State Standard Agreement between HCCF and DSH
PREVIOUS ACTION/REFERRAL:
Board Order No.: N/A
Meeting of: April 28, 2020
File No.: 20-108