REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
February 25, 2025
FROM
SAMUEL FISK, Chair, Law and Justice Group
SUBJECT
Title
Grant Award from the State of California Department of State Hospitals for the Incompetent to Stand Trial Growth Cap and Penalty Payments Program
End
RECOMMENDATION(S)
Recommendation
1. Accept a grant award from the State of California Department of State Hospitals for the Incompetent to Stand Trial Growth Cap and Penalty Payments Program, in the amount of $28,436.
2. Authorize the Chair of the Law and Justice Group or the assigned grant administrator to submit the documents and forms required for acceptance and administration of the grant award, subject to review by County Counsel.
3. Authorize the Auditor-Controller/Treasurer/Tax Collector to post the adjustments to the Law and Justice Group 2024-25 budget as detailed in the Financial Impact section (Four votes required).
(Presenter: Samuel Fisk, Law and Justice Group Chair, 387-3755)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote the Countywide Vision.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). Revenue obtained from the Grant Award will fund the Acute Incarceration Management, Mental Health Diversion Program (AIM-MHD). The Law and Justice Group (L&JG) requests the Auditor-Controller/Treasurer/Tax Collector post the necessary adjustments to the 2024-25 budget.
|
Cost Center |
Commitment |
Description |
Action |
Amount |
|
1130002362 |
55405010 |
Salaries & Benefits Transfers Out |
Increase |
$28,936 |
|
1130002362 |
40308500 |
Interest |
Increase |
$500 |
|
1130002362 |
40408955 |
State-Grant |
Increase |
$28,436 |
BACKGROUND INFORMATION
On December 19, 2022, the State of California Department of State Hospitals (DSH) issued Department Letter (DL) 22-003. The DL notified counties of recent statutory requirements included in Senate Bill (SB) 184 (Chapter 47, Statutes of 2022) that established a growth cap for all counties for individuals committed as Incompetent to Stand Trial (IST) on felony charges pursuant to Section 1370 of the Penal Code.
Per Welfare and Institutions Code (WIC) section 4336, county baselines were established by using total felony IST determinations made in 2021-22. Beginning in 2022-23, if a county’s total number of annual felony IST determinations exceeds the county’s baseline, the county will be subject to a penalty payment. DSH will calculate the county’s penalty, and a county shall pay the penalty to DSH to be deposited into the Mental Health Diversion (MHD) Fund.
Counties subject to penalty payments pursuant to WIC section 4336 will be required to submit an expenditure plan for the use of funds to support local initiatives designed to prevent the arrest of individuals with serious mental illnesses. Upon approval of the expenditure plan, DSH will subsequently make payment back to a county from the MHD Fund equivalent to the penalty payment amount paid by the county.
In 2021-22, the County had 223 IST determinations. DSH used this number to establish the County’s baseline for IST determinations. In 2022-23, the County exceeded this baseline with 228 IST determinations. On June 6, 2024, DSH released an invoice for 2022-23 IST Growth Cap overage of five IST referrals, in the amount of $28,436. On October 9, 2024, DSH received the County’s penalty payment in full.
On October 2, 2024, the County submitted a Growth Cap Expenditure Plan, which established the AIM-MHD (Program). The Program will be handled and managed by the Sheriff Department’s Community Service & Reentry Division (CSRD). AIM-MHD will be an expansion of the existing Acute Incarceration Management (AIM) program already in place within CSRD. The current AIM program connects a Social Worker II to the 100 most arrested individuals each year, referred to as “high utilizers”, while they are in the custody of the Sheriff in any of the County’s detention facilities.
Internal studies have shown that high utilizers have significant impacts not only on the criminal justice system, but also on allied government and non-governmental agencies. The AIM program is in place to ensure high utilizers are contacted while in custody and pathways meeting their specific needs are developed to try to ensure successful reentry upon release. These pathways include connections to mental health service providers, substance use disorder treatment providers, housing providers, and other community resources.
Approximately 92% of high utilizers contacted under the AIM program experience homelessness, and approximately 47% report a mental health condition and received services through the Department of Behavioral Health.
Staff assigned to this project will track individuals who are determined to be IST or likely to become IST. Staff will collaborate with County detention facility mental health staff, consider past bookings and potential IST status, classifications, and known mental health condition to determine who may benefit for AIM-MHD services. Staff will work with these individuals on post-booking diversion prior to the IST determination and/or IST reentry support, depending on the individual circumstances faced by the individual. These services align with the requirements outlined under WIC 4336.
The AIM-MHD program will be fully funded by the $28,436 of available project funds. Project funds are considered one-time funds and will support the creation of AIM-MHD as an enhancement of the existing AIM program. Project funds will support two positions: a Social Worker II and a Sheriff’s Custody Specialist. Each position will allocate five hours per week for a combined total of ten hours per week, which will be reimbursed at an overtime rate and not be used to supplant existing positions.
On January 23, 2025, a notification of approval was issued by DSH of the County’s IST Growth Cap Expenditure Plan. DSH has initiated reimbursement of the County’s 2022-23 Growth Cap penalty payment. Payment will be made from the MHD Fund and is expected to occur within 45 days of the notice.
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Daniella Hernandez, Deputy County Counsel, 387-5455) on February 7, 2025; Auditor-Controller/Treasurer/Tax Collector (Vanessa Doyle, Chief Deputy Controller, 382-3195) on February 8, 2025; Finance (Matthew Dalton, Administrative Analyst, 387-5005) on February 7, 2025; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) February 7, 2025.