DATE: June 16, 2026
TO: Board of Supervisors
SUBMITTED BY: Susan L. Holt, Director, Department of Behavioral Health
SUBJECT: Agreement with Superior Court of California, County of Fresno for Court
Coordinator Services
RECOMMENDED ACTION(S):
TITLE
1. Under Administrative Policy No. 34 for competitive bids or requests for proposals (AP 34), determine that an exception to the competitive bidding requirement under AP 34 is satisfied and a suspension of competition is warranted due to unusual or extraordinary circumstances, and that the best interests of the County would be served by entering into an agreement with the Superior Court of California, County of Fresno as it is a government entity encompassing all the courts in Fresno County; and
2. Approve and authorize the Chairman to execute an Agreement with Superior Court of California, County of Fresno for the provision of coordination services for certain specialty treatment courts, effective July 1, 2026, through June 30, 2029, which includes one optional one-year extension, total not to exceed $451,335.
REPORT
There is no additional Net County Cost associated with the recommended actions. The recommended actions will allow for the continuance of mental health and substance use disorder treatment services care coordination, data gathering and program review tracking for Family Behavioral Health Court (FBHC), Adult Behavioral Health Court (BHC), Misdemeanor Drug Court, Felony Drug Court, Mental Health Diversion Court (MHDC), Felony Incompetent to Stand Trial Court (FIST), Misdemeanor Incompetent to Stand Trial Court (MIST), and Community Assistance, Recovery, and Empowerment Act Court (CARE). This would also allow for the continuance of staff support for Misdemeanor Drug Court. This item is countywide.
ALTERNATIVE ACTION(S):
Should your Board not approve the recommended actions, the provision of mental health and substance use treatment and rehabilitation to individuals whose mental illness and substance use disorder contributes to their non-violent criminal behavior will not be delivered in a coordinated manner between the courts, the Department, treatment providers and other collaborative justice partners, impacting compliance with State mandates such as the required data reporting and service delivery for CARE Act.
SUSPENSION OF COMPETITION/SOLE SOURCE CONTRACT:
It is requested that the County find under AP 34 that an exception to the competitive bidding requirement is satisfied, and a suspension of competition is warranted due to unusual or extraordinary circumstances, as the Superior Court of California, County of Fresno (Superior Court), is a government agency. The General Services Department - Purchasing concurs with the Department’s assessment that this satisfies the exception to the competitive bidding process required by AP 34.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions. The total maximum compensation of the recommended Agreement ($451,335) will be funded with California Department of State Hospitals (DSH) Pilot Funds and Behavioral Health Realignment. Sufficient appropriations and estimated revenues will be included in the Department Org’s 5630 FY 2026-27 Recommended Budget and will be included in future budget requests for the duration of the term. Actual costs will be determined by actual services provided.
DISCUSSION:
On September 5, 2023, the Board approved Agreement No. A-23-452 with the Superior Court to provide court coordinator services for Juvenile/Family Behavioral Health Courts, Adult Behavioral Health Court, Drug Court, Misdemeanor Incompetent to Stand Trial Court (MIST), Mental Health Diversion Court, Veterans Court, Unity Court, and staff support and incentives for the Drug Courts. The Agreement allowed the listed courts to utilize a collaborative, coordinated approach to organizing treatment, supportive services, case management, and supervision for participants.
The Superior Court acts as an umbrella government agency encompassing all the Collaborative Courts, Specialty Treatment Courts, Diversion Courts, Drug Courts, and CARE Act Court in which the Department of Behavioral Health (DBH) participates to support persons served within its system of care. This partnership allows DBH to reach a higher volume of youth and adults in need of mental health, housing, and substance use disorder services and allows DBH to outreach and engage with those individuals who are justice involved.
The Superior Court and DBH agree on the mutual benefit of continuing the partnership and have reassessed which courts would benefit most from involving court coordinators. The recommended Agreement will bring services to those involved in the following court programs:
• CARE Act Court is a civil court process that was implemented in Fresno County on December 1, 2024, pursuant to Senate Bill 1338. This court serves the most vulnerable individuals living with an untreated or insufficiently treated SMI diagnosis of either a schizophrenia spectrum of disorders, other psychotic disorder, or bipolar I disorder with psychotic features, are at risk of being unhoused, hospitalized, and placed on conservatorship. DBH is mandated by the State to provide required services and supports to persons served in the CARE Act process and to track and report a substantial amount of data.
• Felony Drug Court serves individuals in need of treatment for a substance use disorder and often a mental health disorder. Pursuant to Proposition 36 (the Homeless, Drug Addiction, and Theft Reduction Act), DBH is mandated to participate and provide specific annual data reporting about persons served participating in this court process.
• Felony Incompetent to Stand Trial (FIST) Court serves those with a mental health disorder that is typically a Serious Mental Illness (SMI) and often also need substance use disorder treatment. Individuals served in this court may be diverted away from the Department of State Hospital (DSH) which could reduce DBH’s potential amount owed to the State of California for exceeding the growth cap on persons served sent to DSH. The growth cap is the number of individuals sent to DSH for restoration to competency. Counties exceeding the growth cap on the number of individuals sent to DSH for restoration will receive a penalty. Coordination and data tracking is imperative to improve the outcomes of persons served under this court and to reduce the amount DBH will owe the State in penalties.
• Family Behavioral Health Court (FBHC) is part of the juvenile justice system and serves youth placed on formal juvenile probation and their families. The focus of the court is to promote protection and safety of the community, the juveniles, and their families, by providing individualized treatment plans for juveniles in need of mental health services.
• Adult Behavioral Health Court (BHC) serves adults living with a Serious Mental Illness (SMI) who have been convicted of a felony criminal matter. The goal is to improve participants’ likelihood of success within their community through coordinated mental health and substance use disorder treatment, access to housing/shelter, education, vocational training, and other critical support services.
• Misdemeanor Drug Court serves adults with misdemeanor drug charges and are in need of substance use disorder treatment and often mental health treatment.
• Mental Health Diversion (MHD) Court serves adults involved with the criminal justice system, living with a mental health disorder of which will respond to treatment. The goal of MHD is to connect individuals living with a mental health disorder to services and supports that they need to alleviate the symptoms of their condition that are creating a barrier for their wellness and ability to meet goals and reduce further involvement with the criminal justice system.
• Misdemeanor Incompetent to Stand Trial (MIST) Court serves adults with misdemeanor criminal charges, who are found incompetent to stand trial (IST) and need mental health and often substance use disorder treatment.
In FY 2023-24, 329 youth and adults entered treatment courts, with 96 reported program completions. In FY 2024-25, 393 youth and adults entered treatment courts, with 112 reported program completions. As of March 2026, in FY 2025-26, 407 youth and adults entered treatment courts, with 56 reported program completions.
Utilization data for this program indicates an average of 29% growth in youth and adults entering treatment courts across all fiscal years. On average, 28% of participants successfully complete or graduate from these programs each fiscal year. Successful completion often leads to reduced or dismissed charges, which supports improved long-term outcomes in areas such as employment, housing, family and social relationships, life skills, positive community engagement, and other quality of life factors. As various court programs are in their early stages of implementation, both utilization and completion rates are expected to continue increasing in future fiscal years.
The maximum compensation for each fiscal year under this Agreement were estimated using historical funding data from prior Agreements and will cover only a portion of salaries for court staff included in the Agreement. The new Agreement will maintain the same level of funding provided under the current Agreement.
The recommended agreement includes a mutual indemnity clause, as further described in Article 8, Section 1 of the agreement and Article 8 of the Data Security Exhibit. The Department has determined the benefit of the contract as written outweighs any potential risks and recommends approval of the agreement.
The Department has notified and received approval from Main Human Resources of execution of the recommended agreement to comply with AB 339.
Approval of the recommended actions will authorize the Agreement with the Superior Court for the provision of court coordination and drug court support services, for a three-year term (including one optional one-year extension), total maximum compensation not to exceed $451,335.
OTHER REVIEWING AGENCIES:
The Behavioral Health Board were notified of the recommended Agreement during the May 2026 meeting.
REFERENCE MATERIAL:
BAI #23, September 5, 2023
ATTACHMENTS INCLUDED AND/OR ON FILE:
Suspension of Competition Acquisition Request
On file with Clerk - Agreement with Superior Court
CAO ANALYST:
Ronald W. Alexander, Jr.