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Leon County
Board of County Commissioners
Cover Sheet for Agenda #5
September 11, 2012
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To: |
Honorable Chairman and Members of the Board |
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From: |
Vincent S. Long, County Administrator |
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Title: |
Consideration of Funding a Mental Health Competency Restoration Program |
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County Administrator
Review and Approval: |
Vincent S. Long, County Administrator |
Department/Division
Review and Approval: |
Alan Rosenzweig, Deputy County Administrator |
Lead Staff/
Project Team:
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Wanda Hunter, Director, Office of Intervention and Detention Alternatives |
Fiscal Impact:
This item could have an initial fiscal impact of $100,000 and could result in a reoccurring $100,000 line item expense. The
current $100,000 is available through uncommitted carry forward funding
which has been designated to be returned to fund balance. However, recurring funding has not been identified.
Staff Recommendation:
Board direction.
Report and Discussion
Background:
At
the July 9, 2012 Budget Workshop, the Board considered the Public
Safety Coordinating Council (PSCC) recommendation to fund both the
Leveraging Intervention For Transformations (LIFT) Program and establish
a mental health competency restoration program to address a population
of defendants not currently served under Florida Statute 916 (Attachment
#1). During the workshop the
Board had extensive discussion regarding funding two recurring programs
at $100,000 each thereby creating a future recurring expenditure of
$200,000. The Board decided at
the workshop that they did not desire to create this future increased
recurring expenditure and directed that only $100,000 be included in the
budget and that $100,000 be returned to fund balance. The Board voted and ratified the following actions at its July 10, 2012 regular meeting:
1. Accepted staff’s report on mental health competency restoration services and the LIFT Program;
2. Took
no further action on the existing $100,000 carryforward available in
the jail diversionary account and allowed the appropriation to be
returned to fund balance;
3. Maintained the current $100,000 funding level in the diversionary account for the LIFT Program;
4. Directed
staff to agenda funding consideration for mental health competency
restoration services for the Board’s August meeting (Attachment #2).
Additionally,
the Board invited the PSCC to attend a Board meeting and discuss in
detail the costs and benefits of establishing a mental competency
restoration program. In the
following Analysis section, a summary of the PSCC’s discussion of this
issue at their regular monthly meeting held on August 21, 2012, is
provided. The Analysis includes information requested by the Board, detailing the program objectives and funding request.
Analysis:
Summary of PSCC’s Discussion at their August 21, 2012 Meeting
The PSCC was briefed on the Board’s July Budget Workshop discussion of their recommendations and the actions taken. Subsequently,
the PSCC voted to send a representative to the next Board meeting, and
address questions raised and restate their recommendation for funding of
a mental health competency restoration program. The
PSCC agreed that all future correspondence to the Board, from
individual constitutional officers serving on the PSCC who request the
use of diversionary funds, would include a statement regarding the
PSCC’s support for it.
Mental Health Competency Restoration Program
Defendants
with brain injuries, dementia, or a mental illness or developmental
disability, who are charged with a misdemeanor offense, do not qualify
for competency restoration services through the Department of Children
and Families or the Agency for Persons with Disabilities. The Mental
Health Coordinator has asserted that some defendants in this population
are in jail for an extensive period because they do not qualify for
services under Florida Statute 916.
Competency restoration
training is intended to assist defendants in understanding the court
process and the charges against them so that they may participate in
their own defense. There
are six primary components in the evaluation that the Court must
consider in addressing a defendant’s competency to proceed. The defendant must:
1. appreciate the charges or allegations against him;
2. appreciate the range and nature of possible penalties, if applicable, that may be imposed in the proceedings against him;
3. understand the adversarial nature of the legal process;
4. disclose to counsel facts pertinent to the proceedings at issue;
5. manifest appropriate courtroom behavior; and,
6. testify relevantly.
In
addition to competency training, defendants could be referred for other
services; such as, readiness assessment and referral to vocational
rehabilitation, assistance with applying for Medicaid, social security,
housing, transportation, as well as assistance in establishing
medication management and counseling appointments and regular contact
with a case manager to address issues as they arise. If
competency restoration services were available, the Courts would, in
many cases, be satisfied that defendants could be released and monitored
with an assurance of regular updates to the court on their progress and
compliance. These support
services increase the defendant’s ability to live lawfully and
productively in the community after the court process.
In
its May 21, 2012 letter to the Chairman, the PSCC recommended that the
Board issue a request for proposals to identify a vendor whose purpose
is to support mental health restoration services for people with a
persistent mental health issue, as identified by the court. The PSCC intended to utilize the 2012 allocation from the diversionary fund to support this initiative. As
such, the vendor would be required to produce an itemized budget
detailing the funding required to provide the requested services, within
the $100,000 allocation (Attachment #3).
Currently, there are 20 defendants eligible to participate if a program was available. The
number of defendants enrolled, and the time frame for competency
restoration, would vary and may not be confined to an identified
12-month cycle. The Board must
consider that funding such a program may require continued funding in
order to produce the desired outcome of minimizing the time spent in
jail and in the court system.
Budget Considerations
As approved at the budget workshops, next year’s budget includes $100,000 in funding to support the LIFT program. If the Board supports the competency restoration funding request, this would require an additional $100,000 in funding. The
additional $100,000 in funding could come from the fund balance; this
is a result of a prior year $100,000 allocation for the PSCC not being
expended. However, if the Board
approved the additional $100,000, then $200,000 would have been
allocated to PSCC-related programs; annually, the Board has committed
$100,000 in recurring revenue. During
next year’s budget deliberations, the PSCC may recommend the continued
funding for both the LIFT and competency restoration programs. The Board could then be addressing $200,000 in budget requests, when $100,000 is the typical funding for these programs.
Options:
1. Accept the status update regarding the funding of a mental health competency restoration program and take no further action.
2. Appropriate
$100,000 for a competency restoration program utilizing prior year
uncommitted carry forward Public Safety Coordinating Council funding.
3. Board direction.
Recommendation:
Board direction
Attachments:
By Kathy Groob, Founder ElectWomen – National organizations including The
Women’s Campaign Fund, National Organization for Women, Florida Women’s
Democratic Club, Capital City Women’s Democratic Club and Name It.
Change It., are outraged over the actions and remarks of the current
Leon County Florida Sheriff Larry Campbell against his challenger Lisa
Sprague.
