REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
September 26, 2023
FROM
GEORGINA YOSHIOKA, Director, Department of Behavioral Health
SUBJECT
Title
Deferred Entry of Judgement Program Services for San Bernardino County
End
RECOMMENDATION(S)
Recommendation
1. Approve the following list of certified agencies to provide Deferred Entry of Judgement Program services for San Bernardino County, for the period of October 1, 2023 through September 30, 2024:
a. High Desert Child, Adolescent & Family Services Center
b. Inland Behavioral & Health Services
c. Mental Health Systems, Inc. dba TURN Behavioral Health Services
d. Valley Improvement Programs, Inc.
2. Approve the Letter of Certification template for Deferred Entry of Judgement Program in relation to the provision of services by certified agencies for San Bernardino County, exercising the final extension, effective October 1, 2023 through September 30, 2024.
3. Authorize the Assistant Executive Officer or the Director of the Department of Behavioral Health to execute the Letter of Certification template with the individual certified agencies, including any non-substantive changes to the Letter of Certification template in relation to the provision of Deferred Entry of Judgement Program services, for the period of October 1, 2023 through September 30, 2024, on behalf of the County, subject to review by County Counsel.
(Presenter: Georgina Yoshioka, 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). The Department of Behavioral Health (DBH) will receive administrative fee revenue, generated by participants in the program, in an estimated amount of $344. Adequate appropriation and revenue have been included in DBH’s 2023-24 budget and will be included in the 2024-25 recommended budget.
BACKGROUND INFORMATION
DBH is responsible for providing mental health and/or substance use disorder services to county residents who are experiencing severe mental illness and/or substance use disorders. DBH Substance Use Disorder and Recovery Services provides a full range of Substance Use Disorder prevention, treatment services and education for communities and county residents through contracts with community-based organizations and San Bernardino County (County)-operated clinics with the goal of promoting prevention, intervention, recovery and resiliency for individuals and families.
The Deferred Entry of Judgement (DEJ) Program provides diversionary substance misuse education and counseling services in lieu of prosecution for first-time, non-violent adult offenders or for certain specified drug offenses. DBH has been responsible for the certification and monitoring of Board of Supervisors (Board) approved DEJ agencies providing countywide program services to eligible county residents since 1994.
DBH monitors its certified providers for compliance with the DEJ Program Standards and verifies that all agencies have adequate administrative, fiscal, and operational capabilities to provide appropriate DEJ services for residents. DEJ participants are referred by the courts only to agencies certified by DBH and approved by the Board. Offenders who successfully complete the DEJ counseling program and comply with all requirements of the judicial tribunal are then entitled to have their cases dismissed allowing them to reintegrate into the community and seek employment and other opportunities without having the offense on their record.
The Board has historically authorized the Assistant Executive Officer or the DBH Director to execute the Letter of Certification template with the individual certified agencies, including any non-substantive changes. This is requested as DBH needs the flexibility to make any non-substantive changes and have the Letter of Certifications in effect as soon as possible in order to avoid a gap in service and maintain compliance with participant service needs.
On April 30, 2019 (Item No. 28), the Board approved a list of certified agencies and the Letter of Certification template for DEJ Program services, for the period of July 1, 2019 through September 30, 2022. The template included the option of two one-year extensions contingent upon provider performance and compliance to program standards.
On September 13, 2022 (Item No. 16), the Board approved a list of certified agencies and the Letter of Certification template for DEJ Program services, for the period of October 1, 2022 through September 30, 2023. The template included one one-year extension contingent upon provider performance and compliance to program standards.
Approval of this item will allow DBH to execute the Letters of Certification template with the individual certified agencies to continue DEJ services for the period of October 1, 2023 through September 30, 2024. In addition, each participant will be required to pay a one-time administrative fee to DBH in the amount of $43.
PROCUREMENT
For this type of service, a procurement is not required as the County’s current providers remain eligible to provide these services as DBH may only refer program certified agencies to the Board for approval.
DBH ensures that all certified providers comply with Title 9, California Code of Regulations, Chapter 3: Program for Alcohol and Drug-Impaired Drivers, Penal Code Sections 1000-1000.8, Chapter 1.5 of Title 8 of the California Code of Regulations, and verifies that all agencies possess adequate administrative, fiscal, and operational capabilities to provide appropriate DEJ services for county residents.
REVIEW BY OTHERS
This item has been reviewed by Behavioral Health Contracts (Ellayna Hoatson, Contracts Supervisor, 388-0858) on August 24, 2023; County Counsel (Dawn Martin, Deputy County Counsel, 387-5455) on August 29, 2023; Finance (Christopher Lange, Administrative Analyst, 386-8393) on September 6, 2023; and County Finance and Administration (Cheryl Adams, Deputy Executive Officer, 388-0238) September 11, 2023.