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HomeMy WebLinkAboutR-2007-159 Central Washington Comprehensive Mental Health Memorandum of UnderstandingA RESOLUTION RESOLUTION NO. R-2007- 159 authorizing and directing the City Manager of the City of Yakima to execute a Memorandum of Understanding with Central Washington Comprehensive Mental Health (CWCMH), Yakima Sheriffs Office, and Yakima County whereby the City of Yakima Police Department agrees to participate in a behavioral health diversion pilot project; and the final Memorandum of Understanding to be approved by the City Attorney. WHEREAS, the Yakima Unit of CWCMH has been chosen to develop a model program for individuals with co-occurring mental health and chemical dependency issues; and WHEREAS, within available resources, CWCMH shall provide staff to coordinate, monitor and implement a pre -arrest behavioral health diversion program. CWCMH will provide a location to serve as a crisis stabilization unit and clinical staff to triage, assess and treat individuals referred for mental illness and co-occurring substance abuse. CWCMH staff will additionally complete substance abuse assessments and as applicable refer these individuals for services as appropriate. These services may include but are not limited to outpatient mental health services, crisis residential services, dual -diagnosis treatment, chemical dependency services and inpatient dual diagnosis treatment; and WHEREAS, if agreed, the Yakima Police Department will provide staff to participate in the planning, implementation, and development of a behavioral health diversion program. Additionally, Yakima Police Department shall provide officers to participate in CIT training and shall take an active role in planning and coordinating this program. The Yakima Police Department will implement the "Referral for Treatment Standards," defined by the Yakima County Prosecutor, Yakima City Attorney, and CWCMH; and WHEREAS, this program will allow an officer to take an individual to the crisis stabilization unit for assessment and treatment when an officer has reasonable cause to believe that an individual has committed acts constituting a non -felony crime that is not a serious offense and that the individual has a history of mental illness; and WHEREAS, the parties desire to promote quality services in the community by developing a model program for individuals with co-occurring mental health and chemical dependency issues; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to execute a Memorandum of Understanding whereby the City of Yakima Police Department will participate in the behavioral health diversion pilot project, now, therefore, cim/Resolution/behavioral health diversion/page 1 of 2 BE IT RESOLVED by the Council of the City of Yakima, Washington: The Yakima City Council authorizes and directs the City Manager of the City of Yakima to execute a Memorandum of Understanding with Central Washington Comprehensive Mental Health, Yakima Sheriff's Office, and Yakima County whereby the City of Yakima Police Department agrees to participate in the Mental Health Crisis Stabilization Unit pilot project; and the final Memorandum of Understanding to be approved by the City Attorney. This Resolution shall be effective after its adoption. ADOPTED at a regular meeting of the Council of the City of Yakima, Washington, this 20 day of November, 2007. ATTEST: 4QJ)tY‘QL)1a(suL— City Clerk Page 2 of 2 MEMORANDUM OF UNDERSTANDING A Cooperative Agreement Entered Into By Central Washington Comprehensive Mental Health Yakima Police Department Yakima Sheriff's Office and Yakima County Whereas it is the intent of the parties to cooperatively implement a collaborative, behavioral health pre -arrest diversion program; and Whereas the parties desire to promote quality services in the community by developing a model program for individuals with co-occurring mental health and chemical dependency it is; Resolved by Central Washington Comprehensive Mental Health (CWCMH), Yakima County, Yakima Police Department (YPD), and Yakima Sheriffs Office (YSO) as follows: Within available resources, CWCMH shall provide staff to coordinate, monitor and implement a pre -arrest behavioral health diversion program. CWCMH will provide a location to serve as a crisis stabilization unit and clinical staff to triage, assess and treat individuals referred for mental illness and co-occurring substance abuse. CWCMH staff will additionally complete substance abuse assessments and as applicable refer these individuals for services as appropriate. These services may include but are not limited to outpatient mental health services, crisis residential services, dual - diagnosis treatment, chemical dependency services and inpatient dual diagnosis treatment. This is a pilot program that has limited resources. CWCMH staff will notify participating agencies when access to resources are limited or if an individual who may have qualified for the program would have to be referred to jail versus diversion due to limited resources. The Yakima Police Department will provide staff to participate in the planning, implementation and development of a behavioral health diversion program. Additionally, Yakima Police Department shall provide officers to participate in CIT training and shall take an active role in planning and coordinating this program. The Yakima Police Department will implement the "Referral for Treatment Standards," defined by the Yakima County Prosecutor, Yakima City Attorney and CWCMH. When a police officer has reasonable cause to believe that an individual has committed acts constituting a non -felony crime that is not a serious offense and that individual has a history of mental illness the arresting officer may take the individual to the crisis stabilization unit for assessment and treatment. The referring officer will contact the Acute Care Services department of CWCMH to make a referral. The law enforcement . officer will complete a CIT/Diversion contact sheet and charging document and will staff the case with CWCMH diversion staff. Admission to the behavioral health diversion program is voluntary. Individuals can choose not to participate and "opt -out" of this program. Page 1 of 15 The Yakima Police Department will participate in the administrative, planning and data gathering committees that oversee and monitor the behavioral health diversion program. The Yakima Sheriffs Office will provide staff to participate in the planning, implementation and development of a behavioral health diversion program. Additionally, Yakima County Sheriff's Office shall provide deputies to participate in CIT training and shall take an active role in planning and coordinating this program. The Sheriffs Office will implement the "Referral for Treatment Standards," established by the Yakima County Prosecutor. Deputies who have a reasonable cause to believe that an individual has committed acts constituting a non -felony crime that is not a serious offense and that individual has a history of mental illness the arresting officer may take the individual to a crisis stabilization unit for assessment and treatment. The referring officer will contact the Acute Care Services department of CWCMH to make a referral. The law enforcement officer will complete a CIT/Diversion contact sheet and charging document and will staff the case with CWCMH diversion staff. Admission to the behavioral health diversion program is voluntary. Individuals can choose not to participate and "opt -out" of this program. The Yakima County Sheriff's Office will participate in the administrative, planning and data gathering groups that oversee and monitor the behavioral health diversion program. Yakima County shall provide financial and program resources to assist in the implementation of the behavioral health diversion program within the limitations of available funding. Yakima County will participate in the administrative, planning and data gathering committees that oversee and monitor the behavioral health diversion program. Purpose of the Agreement This agreement is entered into as a means of providing a formalized mechanism by which Central Washington Comprehensive Mental Health (CWCMH), Yakima County, Yakima Police Department (YPD) and Yakima Sheriff's Office (YSO) will interact to most appropriately serve a group of mentally ill and/or substance involved individuals within the resources of the parties. These services are not intended to replace services already provided to individuals who qualify for services under the Washington Involuntary Treatment Act (ITA). The general guidelines for identification of this group are as follows: Individuals who have committed acts constituting a non -felony crime that is not a serious offense as identified in RCW 10.77.092* and the individual is known by history or consultation with Central Washington Comprehensive Mental Health staff to suffer from a mental disorder. If an officer believes or knows that the individual has a history of mental health issues and the officer believes that the individual would benefit from a referral to treatment and otherwise would qualify for this option, it is within the discretion of the officer to do so. These individuals may have committed any non -felony crime EXCEPT the following: 1. Any domestic violence crime; Pan 2of15 2. Driving under. the Influence (DUI), Physical control, Hit and Run (attended), Reckless driving; 3. Non felony violations of RCW 9.41 (firearms issues); and 4. Assault with serious injuries Individuals may not be referred if they have a criminal history of recent of serious assaultive behavior: The officer handling the case will give consideration to the circumstances surrounding the commission of the alleged offense for the relationship to instances of mental illness. Individuals who are believed to, as a result of a mental disorder, pose an imminent risk of danger to self, others or property or who are potentially gravely disabled as defined in RCW 71.05 or 71.34 should continue to be directed to the existing processes for implementation of the Involuntary Treatment Act. This agreement addresses: 1. Definition of agency/department/office roles and contributions to the Behavioral Health Diversion program. 2. Definition of various levels of program coordination, direction and management. 3. Admission procedures and responsibilities for individuals entering the Behavioral Health Diversion program. 4. The interaction of mental health, substance abuse and law enforcement while an individual is being evaluated and treated in the Behavioral Health Diversion program. 6. Procedures for notifications between the participating entities if an individual does not meet access to care standards or refuses voluntary treatment. 7. Discharge procedures and responsibilities for individuals served in the Behavioral Health Diversion program. 8. Procedures for the resolution of disagreements among the participating organizations. 9. Indemnification of participating agencies involved in the behavioral health diversion program Page3ofl5 Mutual Agreements The parties agree to: 1. Operate their programs so as to maintain licensing and certification for their respective program components. 2. Designate a liaison person to meet regularly with the designated liaison staff from the other parties. These liaison staff will be designated as members of the administrative stakeholders committee for the behavioral health diversion program as defined in this agreement. The staff members designated will have the necessary authority to effectively represent the interest and needs of their respective entities. 3. Provide qualified and trained staff to perform their agency's responsibilities and to provide supervision to them in accordance with applicable regulations. 4. Recommend policies and procedures for referral and communication to the behavioral health diversion system through the "administrative stakeholders committee". 5. Cooperate in augmenting the efforts of the other parties as defined in this agreement. 6. Meet at least monthly beginning in November 2007 for the duration of the grant to review this agreement and to make necessary revisions. Central Washington Comprehensive Mental Health agrees to take responsibility for convening these meetings. Notwithstanding any party may convene a meeting of the parties to review or renegotiate this agreement at any time. 7. Cooperate in developing curriculum for and presenting periodic training events for staff of the participating entities. The "planning/operations committee" will have responsibility for coordinating these training events. 8. Provide at least 60 -days written notice of their intent to withdraw from this agreement. Confidentiality CWCMH, Yakima County, YPD and YSO agree to [ RJW1 ] acknowledge that .disclosure of this information is governed by Federal Regulation (42 CFR Part 2) as well as State of Washington Administrative Codes 388-865, and 388-805 which prohibit the recipient of the information from making further disclosure of it without the specific written consent of the person to whom it pertains, or as otherwise permitted by such regulations. The parties further agree that each party will institute appropriate procedures for safeguarding such information. Page 4 of 15 Agency Roles CWCMH is responsible for: 1. Providing a location to serve as the Crisis Stabilization Center for this project. 2. Providing services associated with designation as the Outpatient and Emergency components of the Yakima County Evaluation and Treatment program as defined in WAC 388-865. 3. Providing the Designated Mental Health Professional service as defined in RCW 71.05 and 71.34 and its contract with Yakima County. 4. Providing Designated Substance Abuse Professional Detention services, when associated with the operation of the behavioral health diversion program, in accordance with RCW 70.96A. 5. Providing mental health crisis response services to Yakima County residents age 18 and older in accordance with RCW 71.24, WAC 388-865 and its contract with Yakima County. 6. Within available resources, providing staff and diversion placement alternatives to permit the diversion of the target population as contemplated by the project. 7. Participating in the planning and operation of the behavioral health diversion program with Yakima County, Yakima Police Department and Yakima Sherriff s Office. 8. Providing a project coordinator to convene and staff the committees and collaborative activities of the project. 9. Provide a support staff to collect data and enter information received from operations into designated databases. This individual will be trained in the use of "Tapestry". This program is a confidential database that staff can use to record client information and to track client services over time. 10. Participating in the planning and coordination of the administrative stakeholders committee. CWCMH staff will provide information on the planning, coordination and operations of the behavioral health diversion program. This information will include budgets for facilities and staffing needs. Summary reports of operational services and problems that have occurred during the pilot process. Provide summary reports from the operations and data collections committees for the review, comments and questions of the administrative stakeholders. 11. Provide training to law enforcement officers, clinical staff and participating agencies regarding behavioral health diversion. Provide coordination and clinical training for Page 5 of 15 law enforcement agencies involved in CIT training. 12. Providing outpatient and residential mental health services, including dual diagnosis services, in accordance with its contract with Yakima County. 13. Providing staff and in-kind assistance, as defined in this agreement, to assist the other parties in meeting the goals of the behavioral health diversion program. Yakima Department of Community Development is responsible for: 1. Providing financial and program resources to implement the behavioral health diversion program within the limitations of available funding. Yakima County further agrees to actively seek any additional resources needed to implement these services. 2. Provide staff to participate in the development of programming and operational services, participate in the data collection committee and administrative stakeholder's committee. 3. Provide access to and training on "Tapestry". This program is a database that staff can use to record client information and to track client services over time. Yakima Police Department is responsible for: 1. Providing staff to participate in the administrative stakeholders committee. 2. Providing staff as liaison to the Planning/Operations committee a. Ensuring processes for referral. b. Training officers/deputies on systems for accessing services. c. Train officers on the admissions standards developed by the County Prosecutor and the City of Yakima Prosecutor. 3. Engage in the implementation and development of CIT training for Yakima County. Yakima Sheriff's Office is responsible for: 1. Providing staff to participate in the administrative stakeholders committee. 2. Providing staff as liaison to the Planning/Operations committee a. Ensuring processes for referral. b. Training officers/deputies on systems for accessing services. c. Train officers on the admissions standards developed by the County Prosecutor and the City of Yakima Prosecutor. 3. Engage in the implementation and development of CIT training for Yakima County. Program Direction, Coordination and Management The Administrative Stakeholders Committee has been developed to oversee the implementation of Page 6 of 15 the behavioral health diversion program in Yakima County and comprised of representatives from participating agencies and key community representatives. The participating individuals have the necessary authority to effectively represent the interest and needs of their respective entities. The size make-up of the committee can change based on the identified stakeholders and goals of the committee. The Administrative Stakeholders Committee will: 1. Define the goals, limits and future of the behavioral health diversion program. 2. Recognize the limitations of this pilot project, work with members to identify gaps in services and seek resources or provide methods to fill these gaps. 3. Engage other community participants whose work affects the defined goals of the program. 4. Review and oversee the work of the data analysis committee and the planning/operations committee. 5. Provide feedback to the program coordinator for implementation by the clinical supervisors of the program. Data Analysis Committee This committee is comprised of Yakima County liaison staff, Phil Diaz for program analysis, the Program Coordinator and liaison staff from Central Washington Comprehensive Mental Health. The size and make-up of the committee has been established by the administrative stakeholders and may increase or decrease based on the data analysis requirements of the program and as requested by administrative stakeholders. The Data Analysis Committee will: 1. Recommend forms and tools to be used for data analysis. 2. Work with CWCMH clinical staff regarding data entry, and the security and validity of that data. 3. Work with law enforcement to gauge cost savings, and relate system needs determined by data analysis. 4. Provide monthly updates for dissemination to the administrative stakeholders for their review. 5. Complete reports that provide measures regarding the effectiveness and/or benefits of the behavioral health diversion program. Page 7of15 Planning/Operations Committee This committee is comprised of clinical staff from CWCMH, the program coordinator, representatives from Yakima County and additional community stakeholders as recommended and suggested by the Administrative Stakeholders Committee. This committee is tasked with the development of clinical services. These services include but are not limited to; crisis counseling, crisis residential services, behavioral health assessment, chemical dependency assessment and out patient services as needed. The Planning/Operations Committee will: 1. Develop systems for the admission and treatment of voluntary referrals to the behavioral health diversion program. 2. Implement the data gathering tools and systems developed by the Data Analysis Committee. 3. Engage treatment providers in systems that encourage smooth service delivery and minimize time between services. 4. Recognize the limits of this pilot process and identify gaps in services. 5. Provide monthly updates to the Administrative Stakeholders Committee on the systems and operations established for the program. 6. Develop and implement recommended system changes identified by the Administrative Stakeholders Committee. The management of the behavioral health diversion program will occur within the Acute Care Services team of CWCMH and under the guidance of the three committees established to implement and coordinate this program. A program coordinator will be provided by CWCMH to coordinate the development and implementation of the behavioral health diversion program. The Program Coordinator will: 1. Work with the county prosecutor and legal representative of the City of Yakima to develop, train and implement standards for admission to the behavioral health diversion program. 2. Ensure that recommendations and policies developed by the stakeholder's committee, and program/operations committee are implemented by the direct supervisors of the clinical team. 3. Collaborate with designated staff from the Yakima Police Department and Yakima Sheriff s Office to ensure coordination of services. Page 8 of 15 4. Work with the planning/operations committee to develop procedures for admission, discharge and communication between parties. 5. Propose, for adoption by the administrative stakeholders, policies and procedures for the operation of the behavioral health diversion program. 6. Work with the clinical supervisors of the behavioral health diversion program to access services within Central Washington Comprehensive Mental Health and Yakima County as needed. 7. Review the operation of the behavioral health diversion program and plan further development and/or corrective action. 8. Work with the data committee to evaluate the effectiveness of the program, identify problems, recognize gaps in services and communicate this information to the administrative stakeholders for their review and comment. 9. Be a clearinghouse for program information and "point -of -contact" for any member of the committees. Yakima County Office of Community Development staff will: 1. Participate as an active and voting member in the Administrative Stakeholders Committee 2. Participate as an active and voting member in the Data Analysis Committee 3. Participate as an active and voting member in the Planning/Operations Committee 4. Provide resources and funding 5. Monitor expenditures 6. Encourage community participation 7. Engage county government systems which may support the implementation of behavioral health diversion. 8. Monitor state and federal programs that fund behavioral health diversion programs. 9. Encourage the involvement and participation of community health care providers and other key agencies as determined by the administrative stakeholders committee. 10. Develop county systems that address the growth, implementation and use of behavioral health diversion beyond the current stakeholders. Page 9 of 15 The parties agree to adopt policies/procedures and systems which: 1. Encourage the use of behavioral health diversion by law enforcement and probation services. Services will be provided in the least restrictive placement possible based on the needs of the individual and in consideration of public safety, residential needs and presenting symptomology. 2. Ensure transparency and consistency by adopting standards that can be implemented countywide by all law enforcement agencies. 3. Acknowledge the limitations of the current service options and develops plans to meet these needs countywide. Assist in the communication of realistic expectations of the program's capacities to staff of all organizations in order to foster positive working relationships and to minimize misunderstandings. 4. Require staff to communicate regarding admissions to care and non-compliance with treatment. 5. If an individual chooses to opt -out of diversion within 72 -hours of admission. The behavioral health staff will contact the referring law enforcement department regarding this individual notify them of their intent to opt -out of voluntary behavioral health diversion. A copy of the law enforcement contact sheet and the charging document will be provided to the responding officer. The prosecuting attorney will determine if charges should be pressed. Admission The parties agree, as a guiding principle, to strive for a system of care in which admissions to the behavioral health diversion program occur smoothly. Behavioral Health Diversion staff will actively work to say "yes" to law enforcement referrals. The parties agree to, whenever possible, to resolve differences about appropriateness of referrals through the administrative stakeholders committee and not during the actual transfer process between law enforcement and clinical staff. The parties agree to: 1. Define an admission to the Behavioral Health Diversion program as a voluntary admission to care. The assessing Designated Mental Health Professional (DMHP) will establish that the individual meets the guidelines for the program and is voluntarily agreeing to the treatment recommendations of the behavioral health diversion program: 2. Referring law enforcement agencies will complete the Law Enforcement Tracking Form and a copy of the deferred charging document. The original copy of the Law Enforcement Tracking Form and a copy of the charging document allow basic data to be gathered once by the party having initial contact and to be shared with the other parties as responsibility for the patient is transferred. Completion of this Page 10 of 15 document will record a treatment event as an admission to the behavioral health diversion program and will be the responsibility of party referring the individual to the program. 3. Develop, and communicate in writing to the other parties, admission criteria established by the Yakima County Prosecutor, City of Yakima and Central Washington Comprehensive Mental Health (CWCMH) for its components of the behavioral health diversion program. 4. Make referrals of individuals to the behavioral health diversion program that each believes meet the admission criteria defined by the Yakima County Prosecutor and City of Yakima. 5. When circumstances permit (e.g. the individual is being seen in an emergency room), assist the referring party in obtaining medical evaluation and other relevant clinical data which permits the referring party in making sound referral decisions. 6. Maintain responsibility for disposition of any individual referred to behavioral health diversion until the individual is accepted for voluntary . admission by a designated member of the behavioral health diversion program as outlined in the section on Discharges and transfers below. 7. Accept referrals for its programs in accordance with its admission criteria and based on available resources. 8. To respond promptly to referrals with a decision to admit or not admit. 9. Accept responsibility for disposition of a patient once the individual is accepted for admission except as outlined in the section on discharges and transfers below. CWCMH agrees to: 1. Make the Crisis Triage Center 3rd Avenue entrance as the designated admission point for individuals being referred to this program. Services to Behavioral Health Diversion Consumers Within the limitations of CWCMH resources and contract obligations CWCMH agrees to: 1. Provide 24-hour access 7 -days weekly to behavioral health diversion services. 2. Respond to requests made by the Yakima Sheriffs Office, and the Yakima Police Department for behavioral health diversion. Where possible, and in keeping with good clinical triage practices, requests for service from the other parties will be a priority response from CWCMH. Page 11 of 15 3. Provide feedback as to the treatment compliance of individuals referred from law enforcement. 4. Make the Crisis Triage Center 3rd Avenue entrance a designated area for law enforcement officers to drop off individuals referred to the program and a designated location for access to this treatment program. 5. Provide a DMHP to serve as the lead behavioral health diversion staff member in accessing this and other resources during off hours. 6. Provide feedback regarding treatment compliance with the services of the behavioral health diversion program and communicate with law enforcement when individuals have met the goals of the program. Within the limitations of the Yakima Police Department (YPD) and Yakima Sheriffs Office (YSO) resources and contract obligations, both parties agree to: 1. Refer individuals for voluntary behavioral health diversion as established by Substitute Senate Bill 5533 (SSB 5533) and mutually agreed upon by the prosecuting attorney in the referral for treatment standards. 2. Provide law enforcement officers/deputies to participate in behavioral health diversion training and program implementation as established in the initial grant. 3. Ensure that referrals meet the guidelines for admission to the program and provide assistance to program staff for individuals who do not meet access to care or are choosing to "opt -out" of voluntary treatment services. Transfer of Case Responsibility The parties agree, as a guiding principle, that all individuals referred to this program must have a diagnosable mental health condition, agree to voluntary treatment, and meet the standards established for referral to the behavioral health diversion program. The parties will work cooperatively to implement effective admissions and a clear plan for individuals who do not meet the treatment standards or have "opted -out" of voluntary placement once the referring party has left the crisis triage center. The behavioral health diversion team will complete an assessment of the individual which identifies the use of appropriate resources in terms of both clinical care and the limits of available resources. The parties agree to: 1. Define a discharge from the Behavioral Health Diversion program as one of the following events: a. The acceptance of responsibility for an individual by another entity within Central Washington Comprehensive Mental Health (including the non - mental health diversion programs of Dependency Health Services). Page 12 of 15 b. Referral to an inpatient treatment program (including the residential mental health programs of Central Washington Comprehensive Mental Health) c. Successful completion of treatment goals as defined by the behavioral health diversion clinical staff. d. Complete at least two weeks of voluntary treatment without law enforcement contact. 2. Define a discharge for non-compliance with treatment as one of the following: a. The referred individual does not meet access to care as established by the "Referral for Treatment Standards." b. The referred individual refuses to or "opts -out" of participation in voluntary treatment services. c. The referred individual is hostile, aggressive and/or threatening towards the staff of the behavioral health diversion program. d. The referred individual has outstanding warrants from other counties which would limit their ability to participate in a voluntary behavioral health diversion program. e. The referred individual has law enforcement contact and is arrested within two weeks of starting behavioral health diversion services. 3. Participate in data development and track diversion information and treatment compliance for individuals during the duration of the pilot program and make recommendations for countywide implementation as appropriate. Indemnification 1. The parties to this agreement shall protect, defend, and save harmless CWCMH, Yakima Police Department, Yakima County and the Yakima County Sheriff's Office from and against all claims, suits and actions arising from negligent acts or omissions of their employees, or volunteers, in the performance of this agreement. CWCMH, Yakima Police Department, Yakima County and the Yakima County Sheriff's Office shall defend, protect, and save harmless the other parties to this program, or any employee of the these agencies in the performance of this agreement, from and against all claims, suits, and actions arising from activities, policies, procedures, or services required to be performed or implemented by the program staff pursuant to the terms of this agreement, provided that the performance is consistent with the requirements set forth in the agreement, applicable state and federal statutes and regulations and is performed in good faith and without negligence. Pate 13 of 15 This agreement will commence on the 1st day of November , 2007 and extend until March 31, 2008 or terminated by any party by formal written notice of intent to terminate thirty (30) days prior to the proposed date of termination. IN WITNESS WHEREOF, the parties have executed this agreement: Central Washington Comprehensive Mental Health 1 / Rick eaver, CEO Date City of Yakima Richard A. Zais Jr., City Manager CITY CONTRAC r NO: 02619 7 " 9. RESOLUTION NO: 07007 —45r41 Yakima Police Department 1C07(>�j Date /—/ —49 Samuel Granato, Chief Date Yakima,S eriffs Office eriff Date Page 14of15 Attest: \ :9.-1 Christina S. Steiner Clerk of the Board Approved as to Form: Deputy Prosec BOARD OF 7/(cpg' g Attorney IMA COUNTY COMMISSIONERS Ronald F. amache, Chairman J. Rand liott, Commissioner Michael D. Leita, Commissioner Constituting the Board of County Commissioners for Yakima County, Page 15 of .15 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. go For Meeting of November 20, 2007 ITEM TITLE: Consideration of a Resolution authorizing and directing the City Manager of the City of Yakima to execute a Memorandum of Understanding with Central Washington Comprehensive Mental Health (CWCMH), Yakima Sheriff's Office, and Yakima County whereby the City of Yakima Police Department agrees to participate in a behavioral health diversion pilot project; and the final Memorandum of Understanding to be approved by the City Attorney. SUBMITTED BY: Chief Sam Granato, Yakima Police Department Cynthia Martinez, Senior Assistant City Attorney CONTACT PERSON/TELEPHONE: Cynthia Martinez, 575-6033 SUMMARY EXPLANATION: Recently the state legislature enacted Section 2 of Chapter 375, Laws of 2207(not yet codified), which allows for the creation of behavioral health diversion programs. The Yakima Unit of CWCMH has been chosen to develop a model program for individuals with co-occurring mental health and chemical dependency issues. CWCMH has asked the City of Yakima Police Department along with Yakima County and the Yakima Sheriffs Office to participate in the pilot project. Within available resources, CWCMH will provide staff to coordinate, monitor, and implement a pre -arrest behavioral health diversion program. CWCMH will provide a location to serve as a crisis stabilization unit and clinical staff to triage, assess and treat individuals referred for mental illness and co-occurring substance abuse. CWCMH staff will additionally complete substance abuse assessments and as applicable refer these individuals for services as appropriate. These services may include but are not limited to outpatient mental health services, crisis residential services, dual -diagnosis treatment, chemical dependency services, and inpatient dual diagnosis treatment. Resolution X Ordinance Contract Other(Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: City Man STAFF RECOMMENDATION: Approve Resolution. BOARD/COMMISSION RECOMMENDATION: The Yakima City Council Public Safety Committee is forwarding the attached resolution to the full council for consideration. Those members present were in favor of the proposed resolution. COUNCIL ACTION: 41 -1-i-exti Distributed at ixi6 p'7 Business Meeting PRE -ARREST BEHAVIORAL HEALTH DIVERSION The increasing involvement of persons with serious mental illness in the criminal justice system has enormous fiscal, public safety, health and human costs. Diverting individuals with mental illness away from jails and prisons and toward more appropriate community-based mental health treatment has emerged as an important component of national, state and local strategies to provide effective mental health care; to enhance public safety by making jail and prison space available for violent offenders; to provide law enforcement and the courts with alternatives to incarceration; and to reduce the social cost of providing inappropriate mental health services or no services at all. The success of diversion programs in communities across the country is generating genuine excitement and hope that real progress can be made in meeting the challenge of criminalization. Why Yakima Police Department? Pre -arrest strategies typically focus on law enforcement officers that are often the first point of contact for the mentally ill and people in crisis. Since their initial interactions are so critical to determining the situation's outcome (i.e., whether or not an individual with mental illness is jailed), pre -arrest behavioral health diversion strategies rely heavily on officers who are knowledgeable regarding the nature of mental illness, have tools to de-escalate crisis situations and provide options for mental health treatment alternatives to jail and prison that are available in the community. The officers of the Yakima Police Department, probation officers and deputies from the Sheriffs office have received Crisis Intervention Team (CIT) training. This training provides them with the knowledge to recognize the signs of mental illness; safe and secure methods to de-escalate the situation and education on the behavioral health diversion system. This program is taught by law enforcement and mental health staff and is available free of charge to all law enforcement personnel in Yakima County. Currently, the Yakima Police Department, Yakima Sheriff's Office, Yakima County, and Yakima County Probation, along with community stakeholders and Central Washington Comprehensive Mental Health are the first in the State of Washington to offer a pre -arrest behavioral health diversion program. I-Iow Law Enforcement accesses behavioral health diversion I. Officers will call the crisis number (509) 575-4173 2. Tell the on -duty DMI -IP they have a referral for diversion. (Voluntary admission). 3. Take the individual to the 4th Avenue Crisis Triage Center (Building B). 4. Complete a "Law Enforcement Contact Sheet," and leave a copy of the charging document. (No more than 30 -minutes wait time). 5. Contact David Reeder or Tim Bonwell at 575-473 or Chris De Villeneuve (509) 941- 8535 with any complaints. Crisis Intervention Teams - Facts & Benefits The Crisis Intervention Team (CIT) Model was first developed and implemented in 1988 by the Memphis Chapter of the National Alliance for the Mentally Ill and the Memphis, TN Police Department. The team was developed to address the special challenges to law enforcement posed by persons with mental illness and to better serve the community. Prior to 1988 the Memphis Police Department were involved in an average of S to 6 officer involved shootings per year. Less need for the use of lethal force Since 1988, there have been two officer involved shootings involving mentally ill individuals by non-C1T trained officers of the Memphis Police Department. Reduction in Officer Injuries Since CIT implementation in Memphis in 1988, officer injuries dropped 85%. Reduction in injuries to mental health consumers Reported injuries to mentally ill individuals dropped 40 %. (Memphis) Reduction in SWAT call outs SWAT call outs dropped 55 % from .042 per 100 calls to .019 per 1000 calls. (Memphis) Reduction in time "off patrol" Departments using the CIT model find that CIT officers are usually back on patrol within 15 minutes of leaving a mental health consumer at the designated medical center for evaluation. Prior to CIT, officers spent an average of 4 hours with mental health consumers in Emergency Rooms. Reduction in civil litigation Reduction in deaths and injuries have also significantly reduced costs associated with litigation. Improvements in community relations The skills learned by CIT officers lead to successful interventions in ALL aspects of officers' patrol responsibilities, leading to better morale and improved community relations for the department. Reduction in emergency room recidivism ER recidivism rate dropped to less than 20% after implementation of CIT model. (Memphis) Decrease in involuntary commitments Involuntary commitments decreased from over 40 % to 25%. (Memphis) Jail Diversion In Memphis, the census of mentally ill individuals in, jail custody has dropped from 15 % in 1988 to 3% today. The national average of mentally ill individuals currently incarcerated ranges from 15 to 20% Arrests were reduced 90% from 20 arrests per 100 calls prior to CIT inception down to 2 arrests per 100 calls since the implementation of CIT. City of Yakima 200 S 3rd Street Police Department Yakima, Washington 98901 Sam Granaro, Chief of Police Telephone (509)575-6200 Fax (509)575-6007 Memorandum October 31, 2007 TO: Patrol Division FROM: Capt. J. Schneider SUBJECT: Mental Health Diversion Program Effective Monday November 5, 2007 the Yakima Police Department will begin a six-month trial diversion program with Central Washington Comprehensive Mental Health (CWCMH). This program will allow officers, AT THEIR DISCRETION, to release certain arrestees to the custody of CWCMH when the officer believes the suspect would benefit from behavioral health services (mental health and substance abuse treatment). The exact guidelines for the release are as follows: Statement of law: When a police officer has reasonable cause to believe that the individual has committed acts constituting a non -felony crime that is not a serious offense as identified in RCW 10.77.092 and the individual is known by history or consultation with the regional support network to suffer from a mental disorder, the arresting officer MAY take the individual to a crisis stabilization unit and be held up to 12 hours. In deciding whether to refer the individual to treatment, the officer shall be guided by these standards Types of crimes covered: Any non -felony crime EXCEPT the following: 1. Any DV crime; 2 DUI, Physical control, Hit and Run (attended), Reckless driving; 3. Non felony violations of RCW 9.41 (firearms issues); 4. Assault with injuries, stalking, harassment or intimidation that involves threats of harm to person and/or property; and 5. Any sex offense. Criminal history: The individual may not be referred if they have the following criminal history: 1 There should be no recent history of serious assaultive behavior. Mental health history: The statute requires consideration of the mental health history of the individual (if known). Due to state and federal privacy laws, this will typically not be known. It will up to the knowledge and discretion of the officer handling the case. if the officer believes or knows that the individual has a history of mental health issues and the officer believes that the individual would benefit from referral to treatment and otherwise would qualify for this option, it is within the discretion of the officer to so do. Circumstances surrounding commission of alleged offense. The statute requires consideration of the circumstances surrounding the commission of the alleged offense. Some offenses will appear to be strongly related to instances of mental illness. Such offenses and their relationship to any issues of mental illness will be up to the knowledge and discretion of the officer handling the case. If an officer determines an arrestee would benefit from behavioral health services and the arrestee qualifies for the program as outlined above the following procedure should be used: Officers will write a brief incident report of the circumstances leading to the arrest and obtain a YPD case number. The suspect will then be transported to the Mental Health facility at 402 S. 4111 Ave. (Acute Care: Crisis Triage Center) Once there the officer will provide the intake person with a copy of the incident report and fill out an intake form. The intake form is very brief (1 - page) and requires only identifying information on the suspect. CWCMH will then take custody of the arrestee and evaluate them for behavioral health diversion participation. The incident report will then be turned in and processed as normal. Should the arrestee leave the facility before they are authorized to do so (it is not a "secured" facility), or fail to follow the prescribed course of treatment, CWCMI-I will notify YPD. At that point a report from CWCMH will be forwarded back to the arresting officer who will then determine if filing charges is appropriate on the original charge. If so, the initial incident report will be forwarded to the Prosecutors Office for charging.