DATE:
May 19, 2026
09
TO:
Board of Supervisors
SUBJECT
Title
AUTHORIZE ACCEPTANCE OF INCOMPETENT TO STAND TRIAL (IST) DIVERSION AND COMMUNITY-BASED RESTORATION PROGRAM AND INFRASTRUCTURE PROJECT GRANT FUNDS; ADOPT A RESOLUTION AUTHORIZING THE COUNTY OF SAN DIEGO PARTICIPATION IN IST INFRASTRUCTURE GRANT; AUTHORIZE COMPETITIVE PROCUREMENT TO ESTABLISH CONTRACTS FOR IST SERVICES; AND AUTHORIZE ACCEPTANCE OF GROWTH CAP PENALTY FUNDS FROM THE DEPARTMENT OF STATE HOSPITALS (DISTRICTS: ALL)
Body
OVERVIEW
In recent years, the State of California's (State) legislature has implemented new laws, penalties, and funding in response to a significant increase in the number of individuals committed to the State hospital system after being found Incompetent to Stand Trial (IST) as part of a felony criminal case. An individual deemed IST by the court is unable to understand the charges against them and assist counsel in their defense and may receive treatment through the California Department of State Hospitals (DSH) to restore competency and support their return to court. As the number of justice-involved individuals with serious mental illness found IST has continued to rise, demand for State hospital beds has outpaced available capacity, resulting in prolonged waitlists and admission delays.
In response, the State convened a statewide IST Solutions Workgroup (Workgroup) in 2021 to identify strategies to address growing IST commitments and improve timely access to treatment. The Workgroup recommended investments in local diversion, competency restoration, and community-based behavioral health services to intervene earlier and reduce justice involvement among individuals with serious mental illness. Building on these recommendations, Senate Bill 184 established an IST growth cap and penalty structure to incentivize counties to reduce reliance on State hospital commitments, along with a process through which counties can request penalty funds back for reinvestment i...
Click here for full text