The county board of supervisors has again extended Liberty Healthcare of California, Inc.’s highly lucrative contract to provide restoration of mental competency services to inmates declared incompetent to stand trial, this time for $17,975,520 on an arrangement to run for the three years beginning on January 1, 2018 through December 31, 2020. The contract contains an option to extend for two additional one-year periods.
The agreement with Liberty will entail the county committing a significant amount of the space within the West Valley Detention Center in Rancho Cucamonga to house inmates originating from outside of San Bernardino County who will be evaluated and treated by Liberty’s psychological and psychiatric professionals.
Under the terms of this and parallel arrangements, the county is supposed to be provided with reimbursements from the State of California intended to offset, or more than offset, the county’s outlay. The county’s commitment to Liberty was one that was chosen not by the county directly but rather because of the state’s previous contractual relationship to Liberty.
The California Department of State Hospitals is responsible for returning to competency individuals charged with a felony who have been determined to be incompetent to stand trial by California Superior Courts. Once an individual is committed to a California State Hospital facility for treatment, the facility has 90 days to make a written report to the court concerning the defendant’s progress toward recovery of mental competence.
Previously and currently, the California Department of State Hospitals had and has insufficient beds within the state hospitals, thereby creating lengthy waiting lists of inmates in county jails, including those in San Bernardino County, who are in need of mental competency restoration services. To address that shortage, the California Department of State Hospitals contracted with and is continuing to contract with the San Bernardino County Sheriff’s Department to provide access to portions of the West Valley Detention Center to administer the jail based competency treatment program and provide inmates, from San Bernardino County and other Southern California counties, with restoration of competency treatment services similar to those provided in state mental hospitals for up-to 96 patient inmates at any one time. The state and the sheriff’s department maintain that the program allows inmates to begin treatment faster and significantly decreases the time the inmates remain incarcerated due to a faster adjudication of their criminal charges.
On April 21, 2015 the county board of supervisors approved Agreement No. 15-195 with the California Department of State Hospitals to administer the jail based competency treatment program at the West Valley Detention Center from June 1, 2015 through May 31, 2016 and for the sheriff’s department to provide a 76-bed jail based competency treatment program for inmates determined to be incompetent to stand trial. On May 3, 2016, the board of supervisors approved Agreement No. 16-196 to continue the jail based competency treatment program through May 31, 2017; and an amendment on April 18, 2017 to extend the jail based competency treatment program through December 31, 2017.
The California Department of State Hospitals has requested to continue the jail based competency treatment program and increase its capacity to 96 beds, reimbursing the county for an amount up to $40,996,800 for the period of January 1, 2018 through December 31, 2020 for competency restoration services, transportation of inmates, and administration of the jail based competency treatment program. The county will provide jail based competency treatment via staff as well as through Liberty.
Sheriff’s captain Robert O’Brine in a report dated November 14, 2017, told the board of supervisors, “The California Department of State Hospitals will reimburse the sheriff’s department up-to $40,996,800 (96 beds x $390 x 1,095 days) to cover both the direct and indirect costs associated with the designated space, personnel, and services, including medication, for the care of up to 96 patient inmates admitted into the jail based competency treatment program. The contract with Liberty Healthcare of California, Inc. provides for compensation to Liberty for the provision of clinical personnel and delivery of services necessary to restore mental competency of inmates. The amount of the contract shall not exceed $17,975,520 (96 beds x $171 x 1,095 days). Appropriation and revenue in the amount of $10.9 million was included in the sheriff department’s 2017-18 Budget. The remaining appropriation and revenue will be included in a future quarterly budget adjustment.”
In compliance with O’Brine’s and sheriff John McMahon’s recommendation that they do so, the board of supervisors on November 14 agreed to enter into the arrangements with California Department of State Hospitals and Liberty.
-Mark Gutglueck