Agenda Item No. 11
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Joe Pradetto, Director of Government Affairs
Shane Massoud, Management Analyst
FOR: City Council Meeting of March 27, 2023
SUBJECT: Support for Senate Bill 63 - Homeless and Mental Health Court and Transitioning Home Grant Programs
RECOMMENDATION:
That the City Council:
1) Support Senate Bill 63 — Homeless and Mental Health Court and Transitioning Home Grant Programs (SB 63) by Senator Rosilicie Ochoa Bogh (R — Yucaipa), as written; and 2) Approve the attached letter of support.
BACKGROUND:
California is in a statewide mental health crisis, presenting challenges to local criminal justice systems. As jail and psychiatric beds become more scarce, collaborative courts, such as mental health and homeless courts, are becoming important tools in preserving public safety.
Mental health courts are voluntary programs that help people suffering mental illness obtain court -supervised treatment in lieu of detention. Homeless courts help people move from the streets to self-sufficiency by opening access to treatment and rehabilitation programs, dismissing or reducing charges, and clearing outstanding fines and fees.
Without proper support, many inmates become homeless and/or return to crime post -release.
DISCUSSION:
SB 63, as written, will create two grant programs, one to support mental health and homeless courts and another to provide funding to support inmates prepare for a successful release.
ATTACHMENTS:
Letter of Support to Senator Ochoa Bogh
Senate Bill 63
Approved by:
City Council Agenda 169
03/27/2023
CITY OF
March 27, 2023
Honorable Rosilicie Ochoa Bogh
1021 O Street, Room 7220
Sacramento, CA 95814
Dear Senator Ochoa Bogh:
On behalf of the City of Yucaipa, we write in support of Senate Bill 63.
California is in a statewide mental health crisis. One in seven California adults suffers from a mental illness, and one in 26 suffers from a serious mental illness. These numbers are concentrated in the state's homeless and inmate populations, presenting challenges to local criminal justice systems.
Mental health and homeless courts are voluntary collaborative court programs that help people suffering mental illness or homelessness 1) stay out of jail by allowing eligible offenders to obtain court -supervised treatment in lieu of detention and 2) move from the streets to employment and housing by opening access to treatment, dismissing or reducing charges, and clearing outstanding fines and fees.
In addition to getting people experiencing mental health disorders and/or homelessness off the streets and keeping them out of jail, county sheriffs see the need to apply the same efforts to inmates released from custody. Without proper support, many inmates find themselves homeless and returning to crime.
Research conducted by the Administrative Office of the Courts shows that participants of collaborative courts experience lower recidivism rates, indicating a successful transition to self-sufficiency. However, these courts are often underfunded and have insufficient programming options for participants. Senate Bill 63, as written, will create two grant programs to help fund these efforts.
We thank you for your continued support of our community.
Sincerely,
Justin Beaver
Mayor
Jon Thorp
Councilmember
Matt Garner
Councilmember
Bobby Duncan
Mayor Pro Tern
Chris Venable
Councilmember
cc: Laura Varela, League of California Cities, lvarelaL�kalcities.or„ Meg Desmond, League of California Cities, mdesmond,,icaleities.or, Jason Gonsalves, Joe A. Gonsalves & Son, Jason cr;,onsalvi.corn City of Yucaipa
34272 Yucaipa Blvd, Yucaipa, CA 92399
City Council Agenda 909-797-2489 171
03/27/2023
SENATE BILL No. 63
Introduced by Senator Ochoa Bogh
(Coauthors: Senators Grove, Jones, Nguyen, Roth, and Seyarto) January 4, 2023
An act to add and repeal Article 7 (commencing with Section 6048) and Article 8 (commencing with Section 6049) of Chapter 5 of Title 7 of Part 3 of the Penal Code, relating to criminal law.
LEGISLATIVE COUNSEL'S DIGEST
SB 63, as introduced, Ochoa Bogh. Homeless and Mental Health Court and Transitioning Home Grant Programs.
Existing law establishes the Board of State and Community Corrections. Existing law charges the board with providing the statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California's adult and juvenile criminal justice system.
Under existing law, the board administers several grant programs, including a mentally ill offender crime reduction grant program, a medication -assisted treatment grant program, and a violence intervention and prevention grant program.
This bill would establish two new grant programs until January 1, 2028: the Homeless and Mental Health Court Grant Program that would, subject to an appropriation by the Legislature, be administered by the Judicial Council and provide grants to counties for the purpose of establishing or expanding homeless courts and mental health courts, as specified; and the Transitioning Home Grant Program that would, subject to an appropriation by the Legislature, be administered by the board and provide grants to county sheriffs and jail administrators to fined programs aimed at reducing homelessness among inmates released from custody, as specified.
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SIR 63
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The bill would require the board and council to prepare and submit reports to the Legislature, as specified, regarding the impacts of the grant program under their jurisdiction.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: no.
The people of the State of California Flo enact as follows:
1 SECTION 1. Article 7 (commencing with Section 6048) is 2 added to Chapter 5 of Title 7 of Part 3 of the Penal Code, to read:
3 4 Article 7. Homeless and Mental Health Court Grant Program 5 6 6048. (a) The Homeless and Mental Health Court Grant 7 Program is hereby created and shall be administered by the Judicial 8 Council..
9 (b) The council shall award grants, on a competitive basis, to 10 counties, as authorized by this article. The council shall establish I minimum standards, fielding schedules, and procedures for 12 awarding grants to counties that have established a mental health 13 court, homeless court, or hybrid collaborative that incorporates 14 the features of both a mental health court and a homeless court or 15 to counties that commit to doing so upon receipt of funding 16 pursuant to the grant.
17 (c) Homeless and Mental Health Grant Program funds may be 18 used by recipient counties for any one or more of the following 19 purposes:
20 (1) Salaries and related costs for county personnel to provide 21 mental health evaluation, housing navigation services, drug 22 treatment referral, or other risk and needs evaluation for criminal 23 defendants charged with a misdemeanor or infraction offense, or 24 who are convicted of a misdemeanor or infraction offense, and are 25 homeless, at risk of homelessness upon release from jail, or who 26 suffer from a mental disorder that was a significant factor in the 27 commission of the charged misdemeanor or infraction offense. 28 (2) Establishment or expansion of, a mental health court, 29 homeless court, or hybrid collaborative court. Expenditures may 30 include any necessary training, salaries for support personnel, 31 including probation department personnel, court facility expansion 99 City Council Agenda 174
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or renovation, or the expansion or renovation of treatment or evaluation space, but shall not include judicial salaries. (3) Funding for services provided pursuant to contracts between the recipient county's probation department and drug treatment providers, mental health service providers, housing providers, or for other rehabilitative programs ordered by the court for misdemeanor or infraction defendants whose cases are processed through the county's homeless court, mental health court, or hybrid collaborative court.
(4) Housing vouchers.
(5) Salary and related costs for providing medication -assisted treatment for misdemeanor defendants whose cases are processed through the county's homeless court, mental health court, or hybrid collaborative court.
(6) Funding to increase capacity for community -based,
medication -assisted treatment and substance use disorder treatment services for misdemeanor or infraction defendants whose cases are processed through the county's homeless court, mental health court, or hybrid collaborative court, or to improve the care coordination and connections to medication -assisted treatment services upon placement in the program. Activities may include, but are not limited to, capital expenditures or operating costs to establish new reentry centers or treatment programs, expansion of existing community -based, medication -assisted treatment services to better meet the needs of participating defendants, and other strategies to ensure timely and appropriate access to
medication -assisted treatment upon release from jail or placement in the program.
(d) Counties receiving funds pursuant to this article shall operate the homeless court, mental health court, or hybrid collaborative court for defendants receiving services pursuant to this program on a deferred entry of judgment or diversion basis, or both. Nothing in this section shall preclude a county from operating a homeless court, mental health court, or a hybrid collaborative court on a nondiversion, or a nondeferred entry of judgment basis for defendants who are ineligible or are found by the court to be unsuitable for diversion or deferred entry of judgment. Except for incidental expenditures pursuant to paragraph (2) of subdivision (c), or expenditures for evaluation of defendants pursuant to paragraph (1) of subdivision (c) who are later determined to be 99 City Council Agenda 175
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SB 63 —4-
1 unsuitable or ineligible for diversion or deferred entry of judgment, 2 funds received by the county pursuant to this article shall only be 3 expended to provide services enumerated in subdivision (e) to 4 eligible misdemeanor or infraction defendants who qualify for 5 services pursuant to this article and who are placed on diversion 6 or on deferred entry of judgment by the court.
7 (e) Counties receiving funding pursuant to this article shall 8 require collaboration between the court and county social service 9 agencies to provide services for defendants participating in the 10 program.
1 l (f) Grant finds shall not be used to supplant existing resources 12 provided by the county probation department or by county social 13 services.
14 (g) (1) Counties that receive grants pursuant to this article shall 15 collect and maintain data pertaining to the effectiveness of the 16 program, as indicated by the council in the request for proposals, 17 including data on the rate of recidivism for criminal defendants 18 who participate in the deferred entry of judgment or diversion 19 program ordered by the court.
20 (2) (A) Information relating to the rate of recidivism that shall 21 be collected and maintained pursuant to this subdivision includes 22 all of the following, as it relates to defendants charged or convicted 23 of a misdemeanor or infraction and placed on diversion or deferred 24 entry of judgment and receive services funded pursuant to this 25 article:
26 (i) The number and percentage who were sentenced to jail or 27 prison within three years after being sentenced or placed on 28 diversion, and were provided services funded pursuant to this 29 article.
30 (ii) The number and percentage who were convicted of a 31 misdemeanor or a felony within three years after being sentenced 32 or placed on diversion, after having been provided with services 33 that funded pursuant to this article.
34 (iii) The number and percentage who were arrested for a crime 35 or had their parole, probation, mandatory supervision, or 36 postrelease community supervision revoked within three years 37 after being sentenced or placed on diversion, and were provided 38 services funded pursuant to this article.
39 (B) A county that receives a grant pursuant to this article shall 40 include recidivism data for persons placed in the program less than 99 City Council Agenda 176
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three years prior to any reporting period established by the council pursuant to paragraph (4).
(3) A county that receives a grant pursuant to this article may use state summary criminal history information, as defined in Section 11105, or local summary criminal history information, as defined in Section 13300, to collect data as required by the council. (4) The council may establish a deadline by which counties that receive grants pursuant to this article are required to submit data collected and maintained pursuant to this subdivision to the council to enable the council to comply with the reporting requirement in Section 6048.2.
(h) The council may use up to 5 percent of the funds
appropriated for the program each year for the costs of administering the program, including, without limitation, the employment of personnel and evaluation of activities supported by the grant funding.
6048.1. As used in this article, "mental disorder" means that the defendant suffers from a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post -traumatic stress disorder, but excluding antisocial personality disorder, borderline personality disorder, and pedophilia. Evidence of the defendant's mental disorder shall be provided by the defense and shall include a recent diagnosis by a qualified mental health expert. In opining that a defendant suffers from a qualifying disorder, the qualified mental health expert may rely on an examination of the defendant, the defendant's medical records, arrest reports, or any other relevant evidence.
6048.2. On or before July 1, 2027, the council shall compile a report describing the activities funded pursuant to this article, and the success of those activities in reducing recidivism by defendants participating in a program of diversion or deferred entry of judgment who receive services provided pursuant to this program.
The report shall be submitted to the Legislature pursuant to Section 9795 of the Government Code.
6048.3. This article shall be operative only to the extent that funding is provided, by express reference, in the annual Budget Act or another statute for the purposes of this article. 99 City Council Agenda 177
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6048.4. This article shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 2. Article 8 (commencing with Section 6049) is added to Chapter 5 of Title 7 of Part 3 of the Penal Code, to read:
Article 8. Transitioning Home Grant Program
6049. (a) The Transitioning Home Grant Program is hereby created and shall be administered by the Board of State and Community Corrections.
(b) The board shall award grants, on a competitive basis, to county sheriffs or jail administrators, as authorized by this article.
The board shall establish minimum standards, funding schedules, and procedures for awarding grants pursuant to this article. (c) Transitioning Horne Grant Program finds may be used by recipient sheriffs or jail administrators for any one or more of the following purposes:
(1) Salaries and related costs for jail personnel to evaluate whether inmates released from the jail are, or upon release from custody, will be, homeless.
(2) Housing navigation services to assist inmates released from jail in locating housing.
(3) Housing vouchers.
(4) Transportation for inmates who would otherwise be homeless upon release without transportation to that housing.
(5) Salaries and related costs to provide reentry planning for inmates upon release from jail.
(d) Funds provided pursuant to this article shall not be used to supplant existing resources provided by the sheriff, jail administrator, county probation department, or county social services department.
(e) The board shall determine a cap on fluids that can be used for salaries of recipient sheriffs based on reasonable and actual costs.
(f) Sheriffs or jail administrators who receive grants pursuant to this article shall collect and maintain data pertaining to the use of funds received pursuant to the program, and report it to the board. The report shall include all of the following:
(1) The amount spent on salaries and administration.
(2) The number of inmates placed in housing.
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(3) The number of inmates who were eligible for housing, but could not be placed.
(4) The length of stay in the housing placement.
(5) The number of inmates transported to housing.
(6) The recidivism rates of inmates.
(g) Sheriffs who receive grants pursuant to this article shall collaborate with appropriate government entities and community organizations that specialize in providing the services described in this article.
(h) The board may use up to 5 percent of the funds appropriated for the program each year for the costs of administering the program, including, without limitation, the employment of personnel and evaluation of activities supported by the grant funding.
6049.1. On or before July 1, 2027, the board shall compile a report describing the activities funded pursuant to this article. The report shall be submitted to the Legislature pursuant to Section 9795 of the Government Code.
6049.2. This article shall be operative only to the extent that funding is provided, by express reference, in the annual Budget Act or another statute for the purposes of this article. 6049.3. This article shall remain in effect only until January 1, 2028, and as of that date is repealed.
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