REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
January 13, 2026
FROM
GEORGINA YOSHIOKA, Director, Department of Behavioral Health
SUBJECT
Title
Memorandum of Understanding with the Superior Court of California, County of San Bernardino for Drug Court Services
End
RECOMMENDATION(S)
Recommendation
Approve Memorandum of Understanding, retroactively effective July 1, 2025, including non-standard terms, with the Superior Court of California, County of San Bernardino, for Drug Court Services, in the amount of $727,914, for the period of July 1, 2025, through June 30, 2028.
(Presenter: Jennifer Alsina, Assistant Director, 252-5142)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
This item does not impact Discretionary General Funding (Net County Cost). This Memorandum of Understanding (MOU) for Drug Court services, in an amount not to exceed $727,914, is funded by 2011 Realignment. Adequate appropriation and revenue have been included in the Department of Behavioral Health’s (DBH) 2025-26 budget and will be included in future recommended budgets.
BACKGROUND INFORMATION
DBH is responsible for providing mental health and substance use disorder (SUD) services to county residents experiencing severe mental illnesses and/or SUD. Through its Substance Use Disorder and Recovery Services division, DBH offers a comprehensive range of SUD services through County-operated clinics and contracted providers, including prevention, treatment, wellness, and recovery for individuals and families of individuals experiencing SUD. The Superior Court of California, County of San Bernardino (Superior Court) resolves disputes within the County involving civil law, criminal law, traffic infractions, family law, juvenile law, and mental health related law.
The Drug Court program serves the community by addressing the underlying challenges faced by nonviolent SUD offenders. The goal of the Drug Court program is to reduce substance misuse and recidivism, provide supervised court treatment, coordinate drug treatment with other rehabilitative services, and reduce social costs. Through the Drug Court program, DBH and the Superior Court have collaborated since 1999, with a commitment to the concept that SUD treatment is preferable to the incarceration of nonviolent offenders.
Upon approval of the Recommendation, the MOU will allow DBH and the Superior Court to continue to collaborate in providing drug court services to nonviolent Drug Court probationers and defendants. Funds received by DBH for state programs are transferred to the Superior Court to support the costs of one Treatment Court Coordinator (TCC) position, one Court Account Clerk (CAC) position, and related court and treatment expenses. The TCC provides oversight of the Drug Court program and is the liaison between the Drug Court program and DBH. The CAC supports drug court administrative activities, including fiscal monitoring, data collection and reporting, and providing clerical support to the TCC and Superior Court clerical staff.
Between 2024-25, the Drug Court program served a total of 347 unduplicated clients, at a cost of $622 per client. DBH anticipates the Drug Court program to serve 390 unduplicated clients annually throughout the three-year term of this MOU with an estimated cost of $622 per client.
The MOU contains terms that differ from the standard County contract, including the following:
1. The MOU does not require the Superior Court to indemnify the County.
• The County standard contract indemnity provision requires the contractor to indemnify, defend, and hold the County harmless from third-party claims arising out of the acts, errors or omissions of any person.
• Potential Impact: The County does not have the protection of an indemnification clause if there is any dispute arising from the MOU.
2. The MOU does not require the Superior Court to meet the County’s insurance standards as required pursuant to County Policies 11-05, 11-07, and 11-07SP.
• County policy requires contractors to carry appropriate insurance at limits and under conditions determined by the County’s Risk Management Department and as set forth in County policy and in the County standard contract.
• Potential Impact: The County does not have the protection of insurance should there be claims arising under this MOU.
The Superior Court and DBH deliberated the Drug Court Coordinator roles and responsibilities, which delayed the presentation of this MOU to the Board of Supervisors until after the MOU’s term start date. Retroactive approval of this MOU is being presented at this time as this is the first date available following the required program, fiscal, administrative, and legal reviews. Approval of the MOU at this time will not result in any impact to services.
DBH will implement mechanisms to regularly review 1) client service data and progress, conduct site visits and annual monitoring to ensure performance and compliance standards of the contract(s) are met; 2) applicable claims data and claims for reimbursement to ensure fidelity and accuracy of service billing and optimization of Medi-Cal reimbursement in alignment with Contract terms and DHCS billing requirements; and 3) provider invoices administratively and programmatically to ensure client and/or bed counts are accurate prior to payment processing.
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by Behavioral Health (Michael Shin, Administrative Manager, 388-0899) on December 23, 2025; Risk Management (Stephanie Mead, Staff Analyst II Trainee, 386-9044) on November 24, 2025; County Counsel (Dawn Martin, Deputy County Counsel, 387-5455) on December 9, 2025; County Finance and Administration (Paul Garcia, Administrative Analyst, 386-8392) on December 23, 2025.