DATE: September 10, 2024
TO: Board of Supervisors
SUBMITTED BY: Kirk Haynes, Chief Probation Officer
Susan L. Holt, Department of Behavior Health Director
SUBJECT: Amendment to Agreement with Superior Court
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute a Fourth Amendment to Agreement with the Superior Court of California, County of Fresno for Driving Under the Influence Treatment Court extending the term by one year from October 1, 2024 to September 30, 2025 and increasing the maximum by $390,697, to a cumulative total compensation to the County of $1,695,333.
REPORT
There is no increase in Net County Cost associated with the recommended action. The Superior Court of California, County of Fresno (Court) was awarded an amendment to its Office of Traffic Safety grant to fund expansion of the Driving Under the Influence (DUI) Treatment Court, where defendants may enter treatment instead of incarceration. Approval of the recommended action will extend the agreement, and the associated funding to the County for one year, through September 30, 2025. This item is countywide.
ALTERNATIVE ACTION(S):
If the recommended action is not approved, the Probation Department and Department of Behavioral Health (DBH) will not be able to fully participate in the DUI Treatment Court.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action. The recommended fourth amendment will increase the total annual compensation to the County from $367,345 to $390,697 for the remaining one-year term of the agreement.
The following is a list of funding and positions provided by the Court:
• DBH - $186,035 for .50 FTE Community Mental Health Specialist and 1.0 FTE Substance Abuse Specialist.
• Probation - $204,662 to fund 1.5 FTE Deputy Probation Officer (DPO) positions. Probation will fund the remaining .5 FTE DPO, estimated at $68,221 annually.
Sufficient appropriations and estimated revenue are included in each Department’s FY 2024-25 Recommended Budgets and will be included in future budget requests.
DISCUSSION:
Fresno County has a high number of driving while impaired and DUI cases (collectively, “DUI”). In order to prevent recidivism, the Court provides treatment rather than simply incarceration for defendants in these cases. Defendants who wish to enter DUI Treatment Court must agree to plead guilty to their DUI Criminal charges. Once the Court accepts their pleas, defendants are sentenced and enter the DUI Treatment Court Program in lieu of incarceration.
The Board approved Agreement No. 20-470 with the Court on November 24, 2020, to provide staffing from DBH and the Probation Department, for a total compensation amount of $227,606 in the first year. On September 21, 2021, the Board approved a first amendment to the agreement with the Court, which extended the term of the agreement by one year and modified the agreement to allow DBH and Probation to increase staffing levels to provide support and services to the expanded population eligible to participate in the DUI Treatment Court, with a maximum annual compensation amount of $338,001. On September 20, 2022, the Board approved a second amendment to the agreement with the Court to extend the term of the agreement and modified the agreement to the service level in accordance with the change in staffing, with a maximum annual compensation amount of $371,684. On September 19, 2023, the Board approved a third amendment to decrease the maximum annual compensation amount to $367,345.
The DUI Treatment Court Program takes a minimum of 12 months, and consist of two tracks, during which participants attend court regularly, engage in substance use disorder treatment and mental health therapy, attend self-help groups such as Narcotics Anonymous/Alcoholics Anonymous, check in with their Probation Officer regularly, and participate in frequent drug testing. The frequency of treatment sessions and court appearances in each track is based on each individual participant's progress or relapse.
The Court and County will each provide staff to assist in the success of the expanded treatment Court. The Court will provide one DUI Court Coordinator position, DBH will provide .50 FTE Community Mental Health Specialist (CMHS) and 1.0 FTE Substance Abuse Specialist. The CMHS will ensure participants are provided with linkages to aftercare services and post-graduation resources. Probation will provide 2 FTE Deputy Probation Officer positions (1.5 FTE to be covered with grant funds and .5 FTE to be covered by the Department). DBH staff will report to the DBH Collaborative Court’s Team Clinical Supervisor, while Probation staff will report directly to the Assistant Deputy Chief Probation Officer of the Drug Suppression Unit under the Adult Probation Services Deputy Chief Probation Officer. The recommended amendment will also allow DBH and Probation to modify the service level in accordance with the change in staffing, in order to continue to provide support and services.
OTHER REVIEWING AGENCIES:
The Behavioral Health Board was made aware of the recommended amendment during its August 21, 2024 meeting.
REFERENCE MATERIAL:
BAI #51, September 19, 2023
BAI #31, September 20, 2022
BAI #40, September 21, 2021
BAI #10, November 24, 2020
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Amendment to Agreement with Superior Court
CAO ANALYST:
Fine Nai