|
Agenda Item
ASR
Control 23-000386 |
||
|
MEETING
DATE: |
08/22/23 |
|
|
legal entity taking action: |
Board
of Supervisors |
|
|
board of supervisors district(s): |
All
Districts |
|
|
SUBMITTING Agency/Department: |
Health
Care Agency (Approved) |
|
|
Department contact person(s): |
Annette
Mugrditchian (714) 834-5026 |
|
|
|
Veronica
Kelley (714) 834-7024 |
|
Subject: Ratify
Standard Agreement with Department of State Hospitals
|
ceo CONCUR |
County Counsel Review |
Clerk of the
Board |
||||||||
|
Concur |
Approved Agreement to Form |
Discussion |
||||||||
|
|
|
3 Votes Board Majority |
||||||||
|
|
|
|
||||||||
|
Budgeted: Yes |
Current
Year Cost: N/A |
Annual
Cost: N/A |
||||||||
|
|
|
|
||||||||
|
Staffing
Impact:
|
No |
#
of Positions: |
Sole
Source: N/A |
|||||||
|
Current Fiscal Year Revenue: $2,493,421
|
||||||||||
|
Prior Board Action: 6/22/2021 #48, 7/14/2020 #16,
1/29/2019 #25, 5/23/2017 #40 |
||||||||||
RECOMMENDED
ACTION(S):
|
1. |
Ratify and approve the Standard
Agreement for the Forensic Conditional Release Program with the California
Department of State Hospitals for the term of July 1, 2023, to June 30, 2026,
in the amount of $2,493,421 annually, for a cumulative total amount of $7,480,263. |
|
2. |
Authorize the Health Care Agency
Director or designee to execute the Standard Agreement Amendment and sign the
following documents: a. Contractor Certification Clauses b. Civil Rights Certification c. Dafur Contracting Act Certification d. Iran Certification e. Government Tax ID Number
Certification |
|
|
|
SUMMARY:
Ratification of
the Standard Agreement with the California Department of State Hospitals will
continue the funding for the Forensic Conditional Release Program, which
provides court mandated risk assessment evaluations and recommendations
regarding various legal issues and provides treatment and supervision in a
manner that ensures greater public protection in the community.
BACKGROUND
INFORMATION:
Below are the
prior Board of Supervisors (Board) Actions:
|
Board Dates |
Contract/Amendment |
Action |
Term |
|
May 23, 2017 |
Standard
Agreement |
Approved |
July 1, 2016 -
June 30, 2018 |
|
January 29, 2019 |
Standard
Agreement |
Approved |
July 1, 2018 -
June 30, 2020 |
|
July 14, 2020 |
Amendment to the
Standard Agreement |
Approved |
July 1, 2020 -
June 30, 2021 |
|
June 22, 2021 |
Standard
Agreement |
Approved |
July 1, 2021 -
June 30, 2023 |
Scope of Services:
The Forensic
Conditional Release Program (CONREP) is the Department of Mental Health’s
statewide system of community-based services for specified forensic
patients. Mandated as a state responsibility by the Governor’s Mental
Health Initiative of 1984, the program began operations on January 1, 1986. The
goal of CONREP is to ensure greater public protection in California communities
via an effective and standardized community outpatient treatment system.
Since 1986, the
California Department of State Hospitals (previously the Department of Mental
Health) (DSH) has provided funding for the Conditional Release Program
(CONREP). The purpose of this program is to provide court mandated treatment
and supervision and to evaluate and submit recommendations to the court for
judicially committed persons. Currently, Orange County CONREP evaluates
biannually approximately 200 patients in the Forensic State Hospital system not
yet released, and supervises and provides treatment for 50 individuals in the
community. Additionally, CONREP completes court-ordered Incompetency to Stand
Trial evaluations.
CONREP is a
program for person found by courts to be Not Guilty by Reason of Insanity
[Penal Code (PC) Section 1026 for Welfare and Institutions Code (WIC) 702.3;
Incompetent to Stand Trial (PC 1370); Mentally Disordered Sex Offenders (WIC
6316) or Civilly Committed Offenders with a Mental Disorder (OMD; PC 2972) -
former parolees of the Department of Corrections. Some parolees may have a
special condition of their parole established by the Board of Prison Terms
requiring CONREP treatment (PC 2962). Services and Supervision include
group treatment, random and weekly substance abuse and medication screening,
home visits, individual therapy, collateral contacts, psychiatry and agreement
to terms and conditions.
On June 29, 2023,
HCA received Standard Agreement Number 23-78009-000 in the amount of $7,480,263
for the period of July 1, 2023, through June 30, 2026. This item cannot go
before the Board until the Standard Agreement is received from DSH.
The agreement
contains an indemnification provision that differs from the County's standard
of sole indemnification that requires the County to indemnify and hold harmless
DSH against general claims for injury and damages by a third party. County
Executive Office/Office of Risk Management has reviewed and found the sole
indemnification to be acceptable since the County is the service provider.
The Health Care Agency requests the Board
approve the ratification of the Standard Agreement for CONREP with the DSH as
referenced in the Recommended Actions.
FINANCIAL IMPACT:
Revenue for this
Agreement is included in Budget Control 042 in FY 2023-24 Budget and will be
included in the budgeting process for future year.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - Standard Agreement
with Department of State Hospitals No. 23-78009-000
Attachment B - Risk Assessment Form
Attachment C - Penal Code Section 1026
Attachment D - WIC 702.3
Attachment E - Penal Code 1370
Attachment F - WIC 6316
Attachment G - Penal Code 2972
Attachment H - Penal Code 2962