DATE:
December 5, 2023
02
TO:
Board of Supervisors
SUBJECT
Title
SHERIFF - REQUEST TO APPROVE AMENDMENT TO THE REVENUE CONTRACT WITH DEPARTMENT OF STATE HOSPITALS FOR THE FELONY INCOMPETENT TO STAND TRIAL (IST) PROGRAM (DISTRICTS: ALL)
Body
OVERVIEW
The Department of State Hospitals (DSH) is responsible for restoring competency to individuals with serious mental illnesses who are found mentally incompetent to stand trial (IST) on felony charges, pursuant to California Penal Code 1370. A person cannot be tried or sentenced while mentally incompetent, therefore IST defendants are to be committed to a state hospital for care and treatment to restore competency in order to stand trial. There is a high demand in California for state hospital beds for substantive services to restore competency, which has created delays to IST treatment. DSH has made efforts to mitigate restorative service delays by introducing programs to facilitate expediency in the competency restoration process as well as alternatives to incarceration through diversion programs.
The San Diego County Sheriff's Department (SDSD) and DSH agreed to implement the Re-Evaluation Services IST program at Sheriff's detention facilities and entered into a revenue agreement executed in October 2022 with estimated expenditures of $100,000 per year for Fiscal Years 2021-22, 2022-23, and 2023-24. The SDSD agreed to facilitate access and provide security to IST individuals who DSH identified as being selected for re-evaluation services. IST individuals are escorted from their respective housing locations to the telehealth interview areas within the facilities. SDSD further agreed to provide DSH with relevant incarcerated persons' medical records, including mental health and behavioral health records, and coordinate interviews with defendants who have been determined to be IST on a felony charge, and are awaiting placement into a DSH restoration program.
Due to the high demand for competency ...
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