DATE: October 8, 2024
TO: Board of Supervisors
SUBMITTED BY: Susan L. Holt, Director, Department of Behavioral Health
SUBJECT: Retroactive Amendment to Agreement 23-296 with Turning Point of Central California
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute a retroactive Amendment I to Agreement with Turning Point of Central California, to continue the Diversion Pilot Program funding (approved via County Agreement No. 24-307) extending the ability to invoice for Diversion services for an additional year through June 30, 2025, with no change to the term of July 1, 2023 through June 30, 2027 and increasing the compensation of the Full Service Partnership and Assertive Community Treatment Diversion Non Medi-Cal Services and Supports program portion of the agreement by $195,379 for Fiscal Year 2024-2025 to a total of $27,292,403.
REPORT
The recommended action will allow Turning Point of Central California, Inc. (TPOCC) an additional fiscal year to expend the amount of funding originally granted by the Department of State Hospitals (DSH) in County Agreement No. 24-307 to partially fund the behavioral health diversion treatment program for justice-involved adults with serious mental health illness who are found or at risk to be found incompetent to stand trial (IST) on felony and misdemeanor charges. The DSH diversion pilot program has allowed the counties an additional one-year period to expend the one-time costs through FY 2024-25 as approved via County Amendment 24-307 to Agreement 20-340 with DSH. The Department of Behavioral Health (DBH) is passing through said revenue to its subcontracted provider of diversion programming, TPOCC. Costs will be funded with DSH diversion funding, Mental Health Services Act (MHSA) Community Services and Support (CSS) and Medi-Cal Federal Financial Participation (FFP), with no Net County Cost. This item is countywide.
ALTERNATIVE ACTION(S):
There is no viable alternative action. If the Board does not approve the recommended action, Fresno County would lose the DSH diversion funding opportunity and not be able to provide needed community-based behavioral health services to justice-involved individuals who have significant mental health challenges and who would otherwise remain incarcerated.
RETROACTIVE AGREEMENT:
The recommended Amendment with TPOCC is retroactive to July 1, 2024 to align with the funding term as set by DSH in County Amendment 24-307 to Agreement 20-340 approved by your Board on June 18, 2024. The period to prepare and review the associated program service agreement currently funded by the stated DSH funding did not allow presentation to your Board on an earlier date.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action. If approved, the one-time, non-competitive funding made available by DSH may be extended into FY 2024-25 for an increase of $195,379; total maximum compensation for FY 2024-25 would be increased to $1,942,862. Sufficient appropriations and estimated revenues are included in the Department’s Org 5630 FY 2024-25 Recommended Budget. Total expenditures are based on actual services provided.
DISCUSSION:
Under Assembly Bill (AB) 1810 on June 27, 2018, pre-trial jail diversion is defined as the “postponement of prosecution, either temporarily or permanently, at any point in the judicial process from the point at which the accused is charged until adjudication, to allow the defendant to undergo mental health treatment.” Essentially, pre-trial jail diversion will allow mental health services treatment in lieu of trial and sentencing by a jury or judge for those who have been deemed to have a mental health illness, which significantly contributed to the act of the crime.
Senate Bill (SB) 317 authorized the ability for the court to suspend proceedings and grant diversion to individuals charged with misdemeanors who have been found incompetent to stand trial. Currently individuals that are found incompetent to stand trial are either referred to an out of county inpatient facility for restoration services or a Full-Service Partnership (FSP) within the DBH system of care for mental health services. With the passing of SB 317, IST individuals are more likely to be diverted to community-based supports for both mental health and restoration services.
On June 23, 2023, the Board executed County Agreement 23-296 with TPOCC, establishing a diversion pilot program for the period stated in the original DSH funding agreement 20-340 (as amended by 24-307). The original termination date of the diversion pilot was June 30, 2024. DSH has granted a one-year extension to DBH to expend the remaining diversion pilot program funds through FY 2024-25. DBH is recommending the funds be allocated to the subcontractor, TPOCC, to continue the diversion pilot services for one additional year under existing agreement No. 23-296. The recommended Amendment will allow TPOCC to expend the remainder of the original funds ($195,379) through FY 2024-25.
OTHER REVIEWING AGENCIES:
The Behavioral Health Board was made aware of the recommended Amendment at its August 21, 2024 meeting.
REFERENCE MATERIAL:
BAI #46, June 18, 2024
BAI #45, June 20, 2023
BAI #26.1, September 22, 2020
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Amendment I to Agreement 23-296 with Turning Point
CAO ANALYST:
Ronald Alexander