Six months after San Bernardino County through its sheriff’s department provided a three-year $17,975,520 extension of its contract with Liberty Healthcare of California, Inc. for the provision of restoration of mental competency services to inmates declared unfit to stand trial, the board of supervisors this week consented to a $4,864,266 amendment to the contract to expand the program’s capacity from 96 to 126 inmates.
The increase in Liberty’s contract was made in conjunction with the county’s commitment to expand its contractual arrangement with the State of California to alleviate the burden for carrying out mental competency restoration from state hospitals.
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 placed in 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 a shortage of beds within its facilities, 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 in 2010 initiated a pilot program in which it contracted 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 up to 20 inmates, from San Bernardino County and other Southern California counties, with restoration of competency treatment services similar to those provided in state mental hospitals. The county and the sheriff’s department utilized the funding provided by the state to employ Liberty Healthcare of California to provide the inmates with the needed psychological services. In June 2013, the San Bernardino County Board of Supervisors approved an agreement with the state to continue the program until June 30, 2016. In April 2015 the board approved a $4,756,536 agreement with Liberty for the period of June 1, 2015 through May 31, 2016 to provide restoration of mental competency services to up to 20 inmates, as required by the contract between the California Department of State Hospitals and the sheriff’s department. In June 2016 the board approved an agreement to allow Liberty’s continued use of the housing unit until December 31, 2017. In May 2016 and in April 2017 the board approved extensions through May 31, 2017 and December 31, 2017 respectively, increasing the amount to a maximum cost of $9,500,076. On November 14, 2017 the board approved a new $17,975,520 contractual agreement with Liberty, increasing the program’s bed capacity to 96 for the period of January 1, 2018 through December 31, 2020. The arrangement with Liberty at that time was made as a consequence of the California Department of State Hospitals’ request to continue the jail based competency treatment program and increase its capacity to 96 beds, and the State of California’s willingness to reimburse 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 provides the jail based competency treatment via sheriff’s staff as well as through Liberty.
According to San Bernardino County Sheriff’s Department Captain Robert O’Brine, “The California Department of State Hospitals has requested to increase the jail based competency treatment program’s capacity by 30 additional beds, bringing the total to 126 beds beginning on June 1, 2018, reimbursing the county for an amount up to $52,090,740 without changes to the contract 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 the jail based competency treatment program via staff as well as through Liberty.”
Consequently, the board of supervisors this week approved Amendment No. 1 to Revenue Contract No. 17-837 with the California Department of State Hospitals to administer jail based competency treatment at the county’s West Valley Detention Center for services to inmates within any Southern California county, increasing the maximum reimbursement by $11,093,940 from $40,996,800 to $52,090,740, without change to the original term of the contract from January 1, 2018 through December 31, 2020. The board also approved Amendment No. 1 to Contract No. 17-838 with Liberty Healthcare of California, Inc., to provide restoration of mental competency services to inmates declared incompetent to stand trial, increasing the cost by $4,864,266 from $17,975,520 to a maximum not to exceed $22,839,786, without change to the original term of the contract from January 1, 2018 through December 31, 2020, with the option to extend for two additional one-year periods.
The state and the sheriff’s department maintain that the program allows inmates to begin treatment more quickly and significantly decreases the time the inmates remain incarcerated due to a faster adjudication of the criminal charges against them.
-Mark Gutglueck