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HomeMy WebLinkAboutR-2009-143 CWCMH Behavioral Health Diversion Program, Agreement for Cost-Sharing with Yakima CountyRESOLUTION NO. R 2009-143 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Agreement with Central Washington Comprehensive Mental Health (CWCMH), and Yakima County Department of Human Services whereby the City of Yakima agrees to cost -share with the County to fund the CWCMH Behavioral Health Diversion Program for a six-month period WHEREAS, the Yakima Unit of CWCMH has developed a behavioral health diversion program to provide crisis intervention to persons with mental illness as authorized by SSB 5533, Chapter 375, Laws of 2007, Criminal Behavior—Individuals with Mental Illness; and WHEREAS, the CWCMH Behavioral Health Diversion Program provides crisis stabilization 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, inmates with a history of mental health illness tend to be housed longer in jail than inmates similarly situated without mental health illness, lose entitlements while in jail, and receive no treatment for mental health issues while housed in City and County jail facilities; and WHEREAS, the Behavioral Health Diversion Program allows an officer to take an individual to the crisis stabilization unit, in lieu of jail, 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 cost to continue the program for an additional six months is $216,461, and the City of Yakima and Yakima County will share that costs based on each entities historical use of the program; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to execute an Agreement whereby the City of Yakima will cost share with Yakima County the Behavioral Health Diversion Program, now, therefore, 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 an Agreement with Central Washington Comprehensive Mental Health whereby the City of Yakima will cost -share with Yakima County to fund the Central Washington Comprehensive Mental Health Behavioral Health Diversion Program for a six month period. This Resolution shall be effective after its adoption. ADOPTED BY THE CITY COUNCIL this 20th day of October, 2009. ATTEST: cim/CWCMH behavioral Diversion Program CIT AGREEMENT BETWEEN YAKIMA COUNTY, jCITY OF YAKIMA, AND CENTRAL WASHINGTON COMPREHENSIVE MENTAL HEALTH This AGREEMENT, entered into this ID day of I\104 2009 by Yakima County Department of Human Services (hereafter referred to as the County) whose address is 128 North 2nd Street, Room 102, Yakima, Washington 98901-2639, the City of Yakima (the City) whose address is 129 North 2nd Street, Yakima, Washington 98901-2613, and Central Washington Comprehensive Mental Health (the Contractor) whose address is PO Box 959, Yakima, Washington, 98907-0959, whose signatures are reflected on this Agreement. PURPOSE The purpose of this agreement is to provide crisis intervention to persons with mental illness as authorized by SSB 5533, Chapter 375, Laws of 2007, Criminal Behavior — Individuals with Mental Illness. TERM OF AGREEMENT The term of this Agreement shall be October 1, 2009 through March 31, 2010. This Agreement may be extended, by mutual written consent of the parties CONSIDERATION In consideration of the Contractors' performance of the responsibilities as defined in the Statement of Work, the City and County agree to cost -share the Behavioral Health Diversion Program as follows: the City shall contribute $132,041 and the County shall contribute $84,420 for a total of $216,461. The Contractor shall assume full responsibility for payments of Federal, State, and local taxes or contributions imposed or required under the Social Security, Workmen's Compensation, and Income Tax laws for persons other than County or City employees performing services pursuant to this Agreement. GENERAL TERMS AND CONDITIONS 1. Definitions: The words and phrases listed below, as used in the Agreement, shall each have the following definitions: a. "Agreement" means this Agreement and any Exhibits and other documents attached or incorporated by reference, between the Contractor and the County and City. Page 1 of 14 CMH CIT 09 b. "CFR" means Code of Federal Regulations. All references in this Agreement and any Program Agreement to CFR chapters or sections shall include any successor, amended, or replacement regulation. The CFR may be accessed at http://www.gpoaccess.gov/cfr/index.html. c. "Debarment" means an action taken by a Federal official to exclude a person or business entity from participating in transactions involving certain federal funds. d. "Personal Information" means information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, drivers license numbers, other identifying numbers, and any financial identifiers. e. "RCW" means the Revised Code of Washington. All references in this Agreement to RCW chapters or sections shall include any successor, amended, or replacement statute. The RCW can be accessed at http://slc.leg.wa.gov. f. "Subcontract" means a separate Agreement between the Contractor and an individual or entity ("Subcontractor") to perform all or a portion of the duties and obligations, which the Contractor is obligated to perform pursuant to this Agreement. "USCA" means United States Code Annotated. All references to USCA chapters or sections in this Agreement, or any Program Agreement, shall include any successor, amended, or replacement regulation. The USCA is accessible at http://www.gpoaccess.qov/uscode/. h. "WAC" means the Washington Administrative Code. All references in this Agreement to WAC chapters or sections shall include any successor, amended, or replacement regulation. The WAC is accessible at http://slc.leg.wa.gov. 2. Amendment: This Agreement, or any term or condition, may be modified only by a written amendment signed by both parties. Only personnel authorized to bind each of the parties shall sign an amendment. 3. Assignment: The Contractor shall not assign rights or obligations derived from this Agreement to a third party without the prior, written consent of the Contracts Administrator and the other parties to this Agreement. Any authorized assignment will include a written assumption of the Contractor's obligations by the third party. 4. Billing Limitations: Unless otherwise specified in this Agreement, the County and the City shall not pay any claims for services submitted more than 30 days after the calendar month in which the services were performed. 5. Compliance with Applicable Law: At all times during the term of this Agreement, and any Program Agreement, the Contractor and DSHS shall comply with all applicable federal, state, and local laws, regulations, and rules, including but not limited to non- discrimination laws and regulations. g. Page 2 of 14 CMH CIT 09 6. Confidentiality: a. The parties shall use Personal Information and other information gained because of this Agreement only for the purpose of this Agreement. Yakima County and the Contractor shall not disclose, transfer, or sell any such information to any other party, except as provided by law or, in the case of Personal Information, without the prior written consent of the person to whom the Personal Information pertains. The parties shall maintain the confidentiality of all Personal Information and other information gained because of this Agreement and shall return or certify the destruction of such information, as authorized by law, if requested in writing by the party to this Agreement that provided the information. b. The Contractor shall comply with all confidentiality requirements of the Health Insurance Portability and Accountability Act (42 CFR Sections 160 - 164). 7. Debarment Certification: The Contractor, by signature to this Agreement, certifies the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions (debarred.) The Contractor also agrees to include the above requirement in any and all Subcontracts into which it enters. The Contractor shall immediately notify the County and the City if, during the term of this Agreement, the Contractor becomes debarred. The County and/or the City may immediately terminate this Agreement by providing the Contractor written notice if the Contractor becomes debarred during the term of this Agreement. 8. Disputes: A Dispute Board shall determine disputes between the parties in the following manner: Each party in the dispute shall appoint one member to the Dispute Board. If additional members are needed on the Dispute Board, the members appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms, and applicable statutes and rules and make a determination. This process shall constitute the final administrative remedy available to the parties. Each party reserves the right to litigate issues and matters in court de novo. A Program Agreement may supplement, but not contravene, this section. 9. Nondiscrimination: The Contractor ,agrees that it shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of race, creed, color, religion, national origin, sex, sexual orientation, age, marital status, disability, political affiliation or belief', honorably discharged veteran or military status, pregnancy, or the presence of any sensory, mental or physical handicap, and any other classification protected under federal , state and local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay of other forms of compensation, selection for training, and the provision of services under this Agreement. In the event the Contractor violates this provision, the County and/or the City may terminate this Agreement immediately and bar the Contractor from performing any services for the County and/or the City in the future. 10. Entire Agreement: This Agreement, including all documents attached to or incorporated by reference, contains all the terms and conditions agreed upon by the parties. No other Page 3 of 14 CMH CIT 09 understandings or representations, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind the parties. 11. Governing Law and Venue: The laws of the State of Washington govern this Agreement. In the event of a lawsuit by the Contractor against the County and/or the City involving this Agreement or a Program Agreement, venue shall be proper only in Yakima County, Washington. In the event of a lawsuit by the County or the City against the Contractor involving this Agreement or a Program Agreement, venue shall be proper only as provided in RCW 36.01.050. 12. Independent Contractor: The parties agree that, for the purposes of this Agreement, the Contractor is an independent contractor and neither the Contractor nor any employee of the Contractor is an employee of the County or the City. Neither the Contractor nor any employee of the Contractor is entitled to any benefits that the County or the City provides its employees. The Contractor is solely responsible for payment of any statutory workers compensation or employer's liability insurance as required by state law. 13. Inspection: The parties may request reasonable access to other party's records and place of business for the limited purpose of monitoring, auditing, and evaluating the other party's compliance with this Agreement, any Program Agreement, and applicable laws and regulations. During the term of any Program Agreement and for one year following termination or expiration of the Program Agreement, the parties shall, upon receiving written notice, provide the other party with access to its place of business and to its records, which are relevant to its compliance with this Agreement, any Program Agreement, and applicable laws and regulations. This provision shall not be construed to give either party access to the other party's records and place of business for any other purpose. Nothing herein shall be construed to authorize the parties to possess or copy records of the other parties. 14. Maintenance of Records: a. During the term of this Agreement and for seven years following termination or expiration of this Agreement, or if any audit, claim, litigation, or other legal action involving the records is started before expiration of the seven year period, the records shall be maintained until completion and resolution of all issues arising there from or until the end of the six year period, whichever is later. The Contractor shall maintain records sufficient to: (1) Document performance of all acts required by law, regulation, or this Agreement; (2) Demonstrate the accounting procedures, practices, and records that sufficiently and properly document the Contractor's invoices to the County and the City, and all expenditures made by the Contractor to perform as required by this Agreement; and For the same period, the Contractor shall maintain records sufficient to substantiate the Contractor's statement of its organization's structure, tax status, capabilities, and performance. (3) Page 4 of 14 CMH CIT 09 15. Indemnification and Hold Harmless: (1) The Contractor agrees to protect, defend, indemnify, and hold harmless the County and the City, its elected officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from death or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and/or omission of Contractor, its officers, employees, agents, volunteers and/or subcontractors, arising out of the performance of this Agreement. (2) The City and County agree to protect, defend, indemnify, and hold harmless the Contractor, it's officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from death or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and/or omission of Contractor, its officers, employees, agents, volunteers and/or subcontractors, arising out of the performance of this Agreement. If the County or the City and the Contractor are found to be joint and severally liable for damages as a result of an act or omission arising from the performance of this contract, each party shall be responsible for its proportionate share of damages. (4) The County, the City and the Contractor agree to notify the attorneys of record in any tort lawsuit involving the performance under this agreement, if either the County, the City or the Contractor enters into settlement negotiations. It is understood that the notice shall occur prior to any negotiations, or as soon as possible, and the notice may be either written or oral. (3) (5) 16. Insurance: Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. a. The County and the City certify that they are part of a risk pool and shall pay for losses if they are found liable. b. At all times during performance of the Services, the Contractor shall secure and maintain in effect insurance to protect the County and the City from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. The Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The County and the Page 5 of 14 CMH CIT 09 City reserves the right to require higher limits should it deem it necessary in the best interest of the public. (1) Commercial Liability Insurance. Before this Agreement is fully executed by the parties, the Contractor shall provide the County and the City with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Three Million Dollars ($3,000,000.00) per occurrence combined single limit bodily injury and property damage, and Three Million Dollars ($3,000,000.00) general aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the County and the City, their elected officials, officers, agents, employees, and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the County and the City 30 calendar days prior written notice. The insurance shall be with an insurance company or companies rated B+ or higher in Best's Guide and admitted in the State of Washington. (2) Commercial Automobile Insurance. i. If the Contractor owns any vehicles, before this Agreement is fully executed by the parties, the Contractor shall provide the County and the City with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Three Million Dollars ($3,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. ii. If the Contractor does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may added to the commercial liability coverage at the same limits as required in that section of this Agreement, which is Section 12.2 entitled "Commercial Liability Insurance". iii. Under either situation described above., the required certificate of insurance shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the County and the City, their elected officials, officers, agents, employees, and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the County and the City 30 calendar days prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. Page 6of14 CMH CIT 09 (3) Directors and Officers. Before this Agreement is fully executed by the parties, the Contractor shall provide the County and the City with a certificate of insurance as evidence of Directors and Officers Liability Insurance with coverage of at least One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate limit of at least One Million Dollars ($1,000,000.00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If the policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before the inception date of the Agreement, or shall provide full prior acts. The insurance coverage shall remain in effect during the term of this Agreement and for a minimum of three years following the termination of this Contract. 17. Order of Precedence: In the event of an inconsistency in this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. State statutes and regulations; b. Other applicable federal, state, or local law. 18. Ownership of Material: Material created by the Contractor and paid for by the County and the City as part of this Agreement shall be equally owned by the County and the City and shall be "work made for hire" as defined by Title 17 USCA, Section 101. This material includes, but is not limited to: books; computer programs; documents; films; pamphlets; reports; sound reproductions; studies; surveys; tapes; and/or training materials. Material which the Contractor uses to perform the Program Agreement but is not created for or paid for by the County or the City is owned by the Contractor and is not "work made for hire"; however, the County and the City shall have a perpetual license to use this material for County and/or City internal purposes at no charge to the County or the City, provided that such license shall be limited to the extent which the Contactor has a right to grant such a license. No report, device, thing, or document of whatever kind or nature, produced in whole or in part in connection with the project shall be the subject of an application for copyright or patent by or on behalf of the Contractor without prior written approval of the County or the City. Supplies and equipment (such as computer equipment, office supplies, etc.) provided by the County or the City for use during the course of this Agreement remain the property of the loaning entity and may be utilized by the loaning entity in any manner, which is deemed appropriate 19. Severability: The provisions of this Agreement are severable. If any court holds any provision of this Agreement, including any provision of any document incorporated by reference, invalid, that invalidity shall not affect the other provisions of this Agreement. Page 7 of 14 CMH CIT 09 20. Subcontracting: The Contractor may subcontract services provided under this Agreement, unless otherwise specified in a Program Agreement. Any subcontractor shall be required to indemnify and hold harmless the Contractor and maintain adequate liability insurance, comparable to the insurance maintained by the Contractor pursuant to this agreement. The Contractor shall not subcontract with an individual provider or an entity with an individual who is an officer, director, agent, or manager, or who owns or has a controlling interest in the entity, and who has been convicted of crimes as specified in 42 USC 1320a. 21. Subrecipients: a. General: If the Contractor is a subrecipient of federal awards as defined by Office of Management and Budget (OMB) Circular A-133 and this Agreement, the Contractor shall, unless otherwise indicated in the Special Terms and Conditions: (1) Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass- through entity; (2) Maintain internal controls that provide reasonable assurance that the Contractor is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant Agreements that could have a material effect on each of its federal programs; Prepare appropriate financial statements, including a schedule of expenditures of federal awards; (4) Incorporate OMB Circular A-133 audit requirements into all Agreements between the Contractor and its Subcontractors who are subrecipients; Comply with any future amendments to OMB Circular A-133 and any successor or replacement Circular or regulation; (6) Comply with the applicable requirements of OMB Circular A-87 and any future amendments to OMB Circular A-87, and any successor or replacement Circular or regulation; and Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Depaitinent of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E and G, and 28 CFR Part 35 and 39. (See www.oip.usdoj/gov/ocr for additional information and access to the aforementioned Federal laws and regulations.) b. Single Audit Act Compliance: If the Contractor is a subrecipient and expends $500,000 or more in federal awards from any and/or all sources in any fiscal year, (3) (5) (7) Page 8 of 14 CMH CIT 09 the Contractor shall procure and pay for a single audit or a program -specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: (1) Submit to the County and the City contact person, listed on the first page of this Agreement, the data collection form and reporting package specified in OMB Circular A-133, reports required by the program - specific audit guide (if applicable), and a copy of any management letters issued by the auditor; (2) Follow-up and develop corrective action for all audit findings; in accordance with OMB Circular A-133, prepare a "Summary Schedule of Prior Audit Findings." c. Overpayments: If it is determined by the County or the City, or during the course of a required audit, that the Contractor has been paid unallowable costs under this Agreement, the County and/or the City may require the Contractor to reimburse the County in accordance with OMB Circular A-87. 22. Survivability: The terms and conditions contained in this Agreement, which by their sense and context, are intended to survive the expiration of this Agreement, shall so survive. Surviving terms include, but are not limited to Confidentiality, Disputes, Inspection, Maintenance of Records, Mutual Indemnification and Hold Harmless, Ownership of Material, Termination for Default, Termination Procedure, and Treatment of Assets Purchased by the RSN, and Treatment of Property. 23. Termination due to Change in Funding: If the funds upon which either the County or the City relied to establish this Agreement are withdrawn, reduced or limited or if additional or modified conditions are placed on such funding, the County or the City may terminate this Agreement by providing at least five business days' written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. The County and/or the City shall give the Contractor such advance written notice of termination as the notice of withdrawal, reduction, or limitation received by the County or the City will permit. 24. Termination for Convenience: Except otherwise as provided in this Agreement, Yakima County Representative or the City of Yakima Representative may terminate this Agreement, in whole or in part, when it is in the best interest of either of the parties by giving the Contractor at least 90 calendar days' written notification by certified mail. The Contractor may terminate this Agreement for convenience by giving the County and the City at least 90 calendar days' written notification receipt by certified mail addressed to: Yakima County Department of Human Services 128 N 2nd Street, Room 102, Yakima, WA 98901-2639 City of Yakima, City Manager 129 N 2nd Street, Yakima WA 98901 Page 9 of 14 CMH CIT 09 The effective date of the termination shall be the last day of the calendar month in which the ninetieth day occurs. This Agreement may also be terminated in whole or in part by either party, upon thirty days advance written request to terminate, with the written consent of the other party, in which case the two parties shall devise by mutual Agreement the conditions of termination including effective date and in the case of termination in part, the portion to be terminated. 25. Termination for Default: a. The Yakima County Representative and/or the City of Yakima Representative may terminate this Agreement for default, in whole or in part, by written notice to the Contractor, if the County or the City has a reasonable basis to believe that the Contractor has: (1) Failed to meet or maintain any requirement for contracting with Yakima County; (2) Failed to perform under any provision of this Agreement; (3) Performed any of the Contractor's obligations under this Agreement in a manner that comprised the health or safety of any individual with whom the Contractor had contact; (4) Violated any law, regulation, rule, or ordinance applicable to the services provided under this Agreement, including those pertaining to health and safety; or Otherwise breached any provision or condition of this Agreement. (5) b. Before the County and/or the City may terminate this Agreement for default, the County and/or the City shall provide the Contractor with written notice of the Contractor's noncompliance with this Agreement and provide the Contractor a reasonable opportunity to correct the Contractor's noncompliance. The complaining party shall provide a copy of the written notice to the other party of this agreement. If the Contractor does not correct the Contractor's noncompliance within the period of time specified in the written notice of noncompliance, the complaining party may then terminate this Agreement. The Yakima County Representative and/or the City of Yakima Representative, however, may terminate this Agreement for default without such written notice and without opportunity for correction if the County and/or the City has a reasonable basis to believe that an individual's health or safety is in jeopardy or if the Contractor has violated any law, regulation, rule, or ordinance applicable to the services provided under this Agreement. c. The Contractor may terminate this Agreement with either the County, or the City, for default, in whole or in part, by written notice to the County and the City, if the Contractor has a reasonable basis to believe that the County and /or the City has: (1) Failed to meet or maintain any requirement for contracting with the Contractor; Page 10 of 14 CMH CIT 09 (2) Failed to perform under any provision of this Agreement; (3) Violated any law, regulation, rule or ordinance applicable to work performed under this Agreement; and/or (4) Otherwise breached any provision or condition of this Agreement. d. Before the Contractor may terminate this Agreement for default, the Contractor shall provide the County and the City with written notice of either parties' noncompliance with this Agreement and provide the noncomplying party(ies) a reasonable opportunity to correct the noncompliance. If the noncomplying party has not corrected the noncompliance within the period specified in the written notice of noncompliance, the Contractor may then terminate this Agreement. 26. Termination Procedure: The following provisions shall survive and be binding on the parties in the event this Agreement is terminated. a. The Contractor shall cease to perform any services required by this Agreement as of the effective date of termination and shall comply with all reasonable instructions contained in the notice of termination which are related to the transfer of individuals, distribution of property, and termination of services. Each party shall be responsible only for its performance in accordance with the terms of this Agreement, rendered prior to the effect date of termination. The Contractor shall assist in the orderly transfer/transition of the individuals served under this Agreement. The Contractor shall promptly supply all information necessary for the reimbursement of any outstanding Medicaid claims. b. The Contractor shall immediately deliver to the County and City contact person (or to his or her successor) listed on the first page of this Agreement, all loaned County and City assets (property)to the owner agency in the Contractor's possession, including any material created under this Contract. The Contractor grants the County and the City the right to enter upon the Contractor's premises for the sole purpose of recovering any of their respective property that the Contractor fails to return within 10 working days of termination of this Agreement. Upon failure to return County or City property within 10 working days of termination of this Agreement, the Contractor shall be charged with all reasonable costs of recovery, including transportation and attorney's fees. The Contractor shall protect and preserve any property of the County and the City that is in the possession of the Contractor pending return to the respective party. c. The County and the City shall be liable for and shall pay for only those services authorized and provided through the date of termination. The County and the City may pay an amount agreed by the parties for partially completed work and services, if work products are useful to or usable by the County or the City. d. If the County and/or City Representative(s) terminates this Agreement for default, the terminating party may withhold a sum from the final payment to the Contractor that the terminating party determines necessary to protect the terminating party against loss or additional liability. The County and/or the City shall be entitled to all remedies available at law, in equity, or under this Agreement, including consequential damages, incidental damages, legal fees, and Page 11 of 14 CMH CIT 09 costs. If it is later determined that the Contractor was not in default, the Contractor shall be entitled to all remedies available at law, in equity, or under this Agreement, including consequential damages, incidental damages, legal fees, and costs. e. The County and /or City Representative(s) may direct assignment of the Contractor's rights to any interest in any subcontract or orders placed to County and/or the City. The County and/or the City may terminate any subcontract or orders and settle or pay any or all claims arising out of the termination of such orders and subcontracts. 27. Waiver: Waiver of any breach or default of any provision of this Agreement shall not be deemed a waiver of any subsequent breach or default. Any waiver shall not be construed to be a modification of the terms and conditions of this Agreement. Only the County and/or City Representative(s) or designee has the authority to waive any term or condition of this Agreement, on behalf of their agency. STATEMENT OF WORK The Contractor shall: 1. Administer and staff a Crisis Triage Center (CTC) where client assessment, referral to community services, and crisis treatment services will occur over a period of up to 12 hours as contemplated in SSB 5533 — an act relating to procedures for individuals who are mentally ill and engaged in acts constituting criminal behavior, attached as Exhibit A. A. This program shall be known as the Behavioral Health Diversion Program. The Crisis Triage Center shall provide a means for law enforcement officers of the City of Yakima, Yakima County Sheriff's office, and officers of County Probation to deliver individuals believed to meet the criteria for the Behavioral Health Diversion Program to the facility and to, as quickly as is feasible, accept the individual for evaluation. B. The Contractor warrants that it is certified by the Washington State Mental Health Division as the Emergency Evaluation and Treatment provider for Yakima County, that it is a Washington State Licensed Community Mental Health Center authorized to provide the contemplated services, and that it is a Washington State certified chemical dependency treatment provider. C. The Contractor shall be accredited by the Joint Commission on the Accreditation of Health Care Organization (JCAHO). The proposed facility is licensed by the Washington State Department of Health as a Residential Treatment Facility (RTF). 2. Provide initial screening and assessment for admission to the diversion program. 3. For individuals accepted into the program, coordinate crisis, involuntary, outpatient, and residential treatment services based on the individuals needs; develop initial service/ treatment plans and coordinate placement and other community services including, but not limited to, housing placement, income supports, and medical services. Page 12 of 14 CMH CIT 09 A. Monitor participants for treatment compliance. I. Individuals who fail to follow treatment plans or recommendations at any time within the first two weeks of referral will be referred back to the referring law enforcement agency and the appropriate prosecuting authority for further disposition. 4. For individuals not accepted into the program, refer the individual back to the referring law enforcement agency and the appropriate prosecuting authority within 12 hours of the individual's arrival at the Crisis Triage Center for further disposition. 5. Utilize the Referral for Treatment Standards (attached as Exhibit C) developed by Yakima County and City of Yakima prosecutors as criteria for admission to the program. A. Should modifications to this document be necessary, assist the Yakima County and City of Yakima prosecutors to develop client offense level criteria standards to determine appropriate referral of clients to the CDC. 6. The Contractor will provide regular orientation training to law enforcement personnel at mutually agreed upon times and locations (e.g., musters, Department training events). The Contractor will make law enforcement aware of CIT training events it sponsors and provide registration materials. Because these training events are funded by other sources admission to any particular class cannot be guaranteed. 7. Based on a mutually agreed upon data dictionary, contractor will collect and report data using approved intake and assessment tools, and documentation of client services and referrals, including law enforcement contact reports and service data. Currently collected data is attached as Exhibit D. The contractor will staff and participate in a Data Collection and Monitoring Committee, which incorporates representation from all parties to this agreement. This committee will coordinate evaluation of the outcomes and effectiveness of the program. 8. Develop, staff, and participate in the Program Oversight Committee, comprised of stakeholders, who meet regularly to discuss program development, implementation, systemic integration of services, staffing, training, and public education regarding the program. 9. Develop, staff, and participate in the Administrative Oversight Committee, comprised of Criminal Justice, County and City officials, and program stakeholders, providing program implementation reports and recommendations. **************** THEREFORE, Yakima County, the City of Yakima, and Central Washington Comprehensive Mental Health agree to the terms and conditions of the Agreement and its exhibits as listed above by signing below: Page 13 of 14 CMH CIT 09 CITY OF YAKIMA 4 Richard Zais, Jr., City anager Date Approved as to Form: AI/9 BOARD OF COUNTY COMMISSIONERS J. Ralliott, Chairman Jeff Cutter, City Attorney Date CITY CONTRACENO. Q4-123 RESOLUTION NO: R sa /AV - /4/3 CENTRAL WASHINGTON COMPREHENSIVE MENTAL HEALTH Rick Weaver, President and CEO 10/1_9 o 9 1 Date Michael D. Leita, Commissioner n J. B ► ' ey, Commissioner Approved as to Form: y\ A w Deputy Prosecuting Attorney LbSbf 03S401 CONTRACT AUTHORIZATION Attest: \\\,3•.. WAS L'O& /,moi o:tic' y GA • o w . cD Z Christina S. Steiner, Clerk oft e Brkai.d • c, � 1, MOVtlJd 2_c V '''"„II1110s Date Page 14 of 14 CMH CIT 09 • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of October 20, 2009 ITEM TITLE: Consideration of legislation regarding a Behavioral Health Diversion Program: A. A Resolution authorizing and directing the City Manager of the City of Yakima to execute an Agreement with Central Washington Comprehensive Mental Health (CWCMH), whereby the City of Yakima agrees to cost -share with Yakima County to fund the CWCMH Behavioral Health Diversion Program for a six month period. B. An Ordinance amending the 2009 budget and making an appropriation in the 000 — General Fund. SUBMITTED BY: Chief Sam Granato, Yakima Police Department Cynthia Martinez, Senior Assistant City Attomey CONTACT PERSON/TELEPHONE: Cynthia Martinez, 575-6033 SUMMARY EXPLANATION: A couple of years ago, Central Washington Comprehensive Mental Health (CWCMH) received a grant to create and implement a Behavioral Health Diversion Program. The program is now fully operational and provides 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 also complete substance abuse assessments and as applicable refer individuals participating in the program 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. Continued on the next page: Resolution X Ordinance X Other(Specify) Contract X Mail to (name and address): Central Wash. Comprehensive Mental Health PO Box 959, Yakima, WA 98907-0959 Phone: Funding Source General Fund R es --$132,041 for a 6 month pilot program APPROVED FOR SUBMITTAL: City Manager' STAFF RECOMMENDATION: A. Adopt Resolution. B. Read the attached Ordinance by title only at the October 20, 2009 meeting. Pass ordinance after second reading at the November 3, 2009 Council Meeting. BOARD/COMMISSION RECOMMENDATION: The Yakima City Council Public Safety Committee unanimously approved this item. COUNCIL ACTION: Continued from the first page: The City benefits from the Behavioral Health Diversion program because it allows an officer to take an individual to the crisis stabilization unit, in lieu of jail, 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 the individual has a history of mental illness. Without this program these individuals would be booked into the jail and typically incur medical costs at the City's expense. Defendants with active mental health illnesses typically spend longer in jail than similarly situated defendants without mental health illness, due to lengthy legal procedures mandated by statute, which often result in the dismissal of charges. The lengthy stay in jail leads to other problems for the mentally ill individual such as the loss of social entitlements and further decompensation due to lack of treatment which increases the chance of further interaction with the criminal justice system. For the reasons stated above, participation in the CWCMH Behavioral Diversion Program saves the City money. The City of Yakima has been able to utilize this program at no cost; but, because the grant funds have been fully expended, the City of Yakima and Yakima County are being asked to fund the program. The six month cost of the program is $216,461 and the Agreement provides that Yakima County and the City of Yakima will cost -share in proportion to each organizations past use of the program. The City of Yakima's portion has been calculated at $132,041. The attached appropriation increases the 2009 General Fund budget in• the Intergovernmental Department for 3 months of the contracted period (October through December), or $66,021. The balance of the contracted amount will be added to the final 2010 budget. Since this program was anticipated during budget development,- this expense is already considered in the expenditure/reserve calculations for General Fund. This contract period is being considered a 6 (six) month pilot project and CWCMH will be monitoring City and County usage to determine costs• saved by the program. The current budget situation makes it difficult to predict whether the City will be in a position to continue to fund the program at the end of this six month period. City Of Yakima 2010 Budget Requests For Agencies Requesting Funding Through General Funds General Background, Requesting Agency Name: Central Washington Comprehensive Mental Health Address: PO Box 959 (402 S. 4th Avenue), Yakima, WA 98907 Contact Person: Rick Weaver, CEO Agency's Primary Service Central Washington Comprehensive Mental Health (Comprehensive) is a private, non-profit 501(c)(3) Washington corporation. Comprehensive began operations in. 1972. As a community mental health center it serves children and their families, adults and seniors in Yakima, Kittitas, Klickitat and Benton Counties in rural south central Washington State. More than 400 highly trained and qualified mental health professionals serve the three county area of over 290,000 population. Comprehensive provides a full range of outpatient, residential and inpatient mental health, chemical dependency treatment, crime victim advocacy and veteran's services. A major service provided by Comprehensive is a national award-winning twenty-four hour mental health and chemical dependency crisis response outreach service. This. service responds wherever crises occurs in the community and provides for connection to services including involuntary treatment. Since November 2007, this service has included the first behavioral health jail diversion program in the State of Washington. This service diverts non-violent misdemeanants suffering from mental illness or co-occurring mental illness and substance abuse from jail and into treatment. Is Applicant Organization A Governmental Agency Created By Statute, By Yakima County Or City Legislation? Yes ❑ No ® . If answer is "yes", cite the applicable RCW Section or Chapter, or enclose with this application for a copy of the County or City legislation which created the agency. If answer to #3 above is "no", answer questions #1 and #2 below: 1. Describe the legal organization of applicant, such as nonprofit corporation, etc. Comprehensive is a private, non-profit 501(c)(3) corporation. It is licensed by the State of Washington, DSHS, Mental Health Division as a Community Mental Health Center. Comprehensive is also licensed by DASA to provide outpatient, detox and residential chemical dependency treatment services. All twenty-four hour residential treatment services operated by Comprehensive are licensed by Department of Health. Comprehensive is voluntarily accredited by the Joint Commission on the Accreditation of Health Care Organizations. 2. Has applicant, entered into a contract with the State of Washington, Yakima county or the city of Yakima, pursuant to which applicant performs a function on behalf of the state, county or city? Yes ® No ❑ If answer is "yes", enclose with this application a copy of that contract. Comprehensive has multiple contracts with Yakima County to provide outpatient mental health and chemical dependency treatment services to residents of Yakima County. Has Applicant Previously Received A Grant Or Other Financing From The State Of Washington, Yakima County, Or City Of To Finance Applicant's Operation? Yes® No❑ If answer is ."yes", indicate the source of funds and the fiscal period for which such grant or other financing was or is applicable. Source of Funds: Yakima County Fiscal Period: July 1, 2007 through June 30, 09 GEOGRAPHICAL AREASERVED Total Number Of Citizens By Your Agency Actual ------- Projected 2007 2008 2009 2010 Within Yakima 12,873 13,017 14,580 16,328 Outside Yakima 2,206 2,274 2,342. 2,389 Total 15,079 15,291 16,922 18,717 INFORMATION ON PROGRAM TO BE FUNDED Specific Program Or Project You Are Requesting To Be Funded Through General Funds Behavioral Health Jail Diversion Program Description Of Program Or Project Please address these areas of concern in detail: • Program or project objective • Program or project scope • Justification - necessity of program Program Objective: •Program or project activities • Results expected from programs or projects • Rank projects in order of priority As part of its effort to provide a full continuum of care to individuals with serious mental illness, Comprehensive has, since 2004, offered a Behavioral Health Diversion service. Beginning in November 2007, the current pre -booking diversion program has served the City of Yakima and Yakima County. The goal of the program is to divert non-violent misdemeanants and probation violators with behavioral health problems out of jail and into treatment. Many times the crime is a reflection of an individual's mental illness rather than a criminal intent. These individual in most cases spend substantially longer periods in jail than non -mentally ill persons committing the same offense. There are significant costs to process and incarcerate these non-violent people. Repeated incarceration does not appear to break the cycle of recidivism. Behavioral Health Division offers a treatment alternative which is more compassionate and is a cost effective alternative to serving time in jail. As part of the Behavioral Health Diversion Program, Comprehensive offers Crisis Intervention Team (CIT) Training for law enforcement and other first responders. CIT is a national movement within law enforcement that recognizes sheriff, police and probation officers as the first point of contact with individuals in a behavioral crisis and empowers them with skills to effectively manage these difficult interactions. Its goals are to: 1. Increase the feeling of safety in the general community 2: Increase law enforcement officer safety 3. Increase mental health consumer safety 4. Assist law enforcement in handling crises involving people with mental illness 5. Divert the mentally ill out of the legal system and into needed treatment 6. Make the mental health system more understandable and accessible to law enforcement officers. Program Scope: Comprehensive and Yakima County first began exploring the possibility of post- booking diversion in 2002 and submitted a grant proposal to SAMHSA. Yakima County received the SAMHSA grant in 2004. The initial three year grant period held many challenges but much was learned about what worked and did not work. Effective partnerships and working relationships were developed. It became clear that diversion after a person got booked into jail was difficult and savings were not substantial. A no -cost fourth year extension was granted under the grant. During the first part of the 4th year, law enforcement, elected officials and Comprehensive staff began learning about pre -booking diversion models and observed them in action. Comprehensive began offering Crisis Intervention Team (CIT) Training to local law enforcement in 2007. Funds from local fund raising and small grants have sustained and grown this program over time. In 2007, the Washington State Legislature passed SB 5533 which authorized pre -booking jail diversion. To date, our local Behavioral Health Diversion Program is the only full implementation of this statute in the state. Using remaining funds from the SAMHSA grant, Comprehensive began a pilot implementation of a pre -booking diversion program. Yakima County and the City of Yakima were the pilot partners. The pilot operated from November 2007— March 2008. Currently the Behavioral Health Diversion Program is still operational and being utilized by Yakima Police Department (YPD), Yakima Sheriff Office (YSO) and Yakima County and City probation staff. Mentally ill individuals who have committed a non- violent misdemeanor or individuals at risk of probation violations resulting in return to jail are brought to Comprehensive's Crisis Triage Center in the City of Yakima. At the Crisis Triage Center individuals are evaluated to determine if they meet Prosecutor- developed criteria for diversion and are willing to accept mental health and/or chemical dependency treatment as an alternative to being placed in jail. Individuals meeting criteria and willing to accept treatment are placed into the diversion program. In many cases these individuals are not on state or federally sponsored welfare programs meaning that they would not qualify for publicly funded mental health treatment under the state's Medicaid program. Additionally, the lack of income supports in many cases means the individual is without funds for housing. This places them at risk of being homeless. Comprehensive's diversion staff work with participants to gain access to income and medical supports while the individual is in the program and receiving ongoing treatment. Comprehensive has made housing available for participants through its extensive array of residential services. • Individuals in the diversion program are connected to treatment services e.g., case management, individual therapy, medication management, housing and other necessary supports to assist them in remaining out of the criminal justice system. Should an individual in the program choose not to participate/cooperate with treatment appointments or recommendations, law enforcement or probation is contacted and they determine the individual's disposition. Justification - necessity of program: A recent national study determined that approximately seventeen percent (17%) of the national jail population is seriously mentally ill and that many more have co-occurring mental health and chemical dependency disorders. Data collected by Comprehensive's Jail Mental Health team indicates that this percentage appears to hold true for the Yakima County Jail. Anecdotal evidence indicates that mentally ill individuals arrested in the City of Yakima tend to be placed in the County jail due to their challenging needs and the presence of mental health services there. In addition, research indicates that individuals with serious mental illness are forty percent more likely to be arrested for non-violent misdemeanors than the general population. Behavioral Health Diversion makes available the specialized treatment that the serious mentally ill require while remaining in the community and avoiding being re -arrested. The initial pilot of Behavioral Health Diversion was quite successful. Seventy-six (76) individuals were referred. Of the'76 referred, 73 entered the program (2 did not meet criteria and 1 would not comply). None on the participants were re -arrested in the pilot period. The Following is a summary of the programs services from November 1, 2007 through May 30, 2009: • 291 individuals were referred to the program. o 2 did not meet criteria for admission into the program o 5 did not show for the initial process into the program as agreed. • 61% of the individuals served have been referred based on charges originating in the City of Yakima • Individuals referred ranged in age from 18 to 69 years old. • Gender for individuals referred o 42% were Females o 58% were Males • Ethnicity for individual referred o 6% African American o 78% Caucasian/White o 11% Hispanic o 5% Native American • Of the individuals referred 68% initially came into the program without any income or medical supports to cover housing in the community, personal needs, or primary healthcare, mental health or chemical dependency care. • Of the individuals referred 87% had a prior history of chemical dependency treatment. • Of the individuals referred 72% had a prior history of mental health treatment. • A broad range of mental health and chemical dependency disorders were served. 48% of the referrals had a co-occurring mental health and chemical dependency disorders. Program or project activities: The Behavioral Health Diversion program provides for: • Twenty-four hour a day, seven day a week availability for referrals by law enforcement and probation officers. • Quick assessment of individuals referred to the program to determine compliance with criteria and the individual's willingness accept treatment as an alternative to jail. In most cases, this assessment is completed within ten to fifteen minutes and gets law enforcement officers back on duty in the community. • Staff assist participants with, o obtaining income and medical supports such as GAU, SSI or SSDI, o finding housing if the individual is homeless and has no community placement, o enrollment into ongoing mental health and/or chemical dependency treatment services, o ensuring that the individual keeps and maintains scheduled appointments with mental health and/or chemical dependency services, o accessing supportive services provided by other organizations e.g., medical services. The program also offers nationally approved CIT training to law enforcement as a means of educating officers about mental health and how to engage persons with mental illness and the advantages of Behavioral Health Diversion. Results expected from programs or projects: CIT appears to be the most effective tool in generating referrals for Behavioral Health Diversion. So we would expect to increase training to law enforcement officers. In doing so we should see increased referrals to the program thus expanding the beneficial effects of diversion. DSHS data indicates 10-20 individuals with a DSHS identified MH history are still being booked into the Yakima City and County jails each week. The Behavioral Health Diversion program can continue to generate approximately $4.66 in savings for every $1 spent for individuals diverted from the jail. Rank projects in order of priority: This program should be considered high priority since the program will be without a secure source of funding as of June 30, 2009. Comprehensive cannot continue to operate the program at its current level without replacement funding. (Attach additional sheets of same size if more space is necessary) Number Of Citizens Served In The Program Actual Projected 2007 2008 2009 2010 Within Yakima (Began Nov 1, 07) 10 120 178 196 Outside Yakima Total 10 120 178 196 Program Is: New ❑ Current Specific Allocation Requested: For 2010: $ $ 264,081.96 (61% of base program cost) If this is a multiple year request, please identify the following: This is for one year of operation Tota! Amount City Funds Other Sources Funds for Project Year Project Cost Requested Source Amount FY 2010 $ 432,921.24 $ 264,081.96 Yakima County $ $ 168,839.28 Additional costs for CIT training and housing supports will be generated through local fund raising and small grants. Total $ 264,081.96 $ IF YOUR REQUEST SHOULD BE APPROVED FOR 2010, HOW WOULD You OPERATE PROGRAM IN 2011 WITHOUT IT? The program will require on-going support since diversion operations are not allowable under the Medicaid program. If funds do not continue in FY 2011 program operations will have to be curtailed or discontinued to the level of fund reduction. DETAIL THE TOTAL EXPENSE BUDGET FOR PROGRAM(S) PROJECTS IN 2010, OR CALENDAR PERIOD OF REQUEST AS FOLLOWS: Operating & Maintenance Expenses Amount See Attached Operating Revenue — Identify Primary Source(s) 1. $ 2. 3. 4. • Total $ Capital Improvement Expenses— Identify Each Individual Project And Cost: N/A 1. $ 2. 3. 4. Total $ Resources/Grants — Identify Source Of All Existing And Proposed Primary Sources, Matching Funds Available, Etc: 1. Small grants have been made available from the Washington State Mental Health Transformation Grant, the Criminal Justice Training Commission and similar sources for the provision of CIT Training. We expect the availability of such funds to continue 2. Yakima County has provided funding through grants and other sources. We expect the County to continue to support the program proportional to their utilization 3. Comprehensive continues utilize agency developed funds to support CIT and housing supports for participants Total Other Agencies Providing Similar Services (To Your Knowledge) No other organization or agency is providing Behavioral Health Diversion within Yakima County. Comprehensive's Behavior Health Diversion/CIT is the only fully operational program in the state. Other communities and law enforcement agencies throughout the state have looked to Yakima for CIT training and consultation on how to operate a Behavioral Health Diversion Program. This Funding Request Is Not Approved, What Alternative Programs And/Or Funding Have Been Considered? There are no other known resources for funding this program. The SAMHSA grant had an expectation that the program would be self sustaining through saving created by diversion of the mentally ill individual out of jail. If funding is not approved Comprehensive would have to limit access to only those jurisdictions participating financially or close the program completely. What Other Agencies Or Programs Might Be Affected If This Request Is Not Approved And In What Manner Would They Be Affected? If request is not approved the jail would continue to be utilized to manage mentally ill individuals committing non-violent misdemeanors. Prosecution, court personnel and probation officers would also have increased caseloads. How Do You Coordinate Programs With Other Agencies? Comprehensive has a long and successful history of coordinating with other agencies in the community. We accomplish this by collaborating with these agencies in order to learn and understanding their needs along with educating them about Comprehensive. Comprehensive views community organizations/agencies as significant partners to help us carry out our goal of providing behavioral health services to individuals in our community. We look to these organizations/agencies to provide us feedback about how we are coordinating so we can make improvements to better serve them and individuals in treatment services. Our efforts at coordinating with other community organizations/agencies have lead to collaborative agreement to foster increase services. For example Comprehensive has had an eight year relationship with the Yakima School District to provide behavioral health services to students in the schools. Comprehensives long collaborative relationship with Yakima Valley Memorial Hospital has been a key to coordination of care for individuals which has aided in saving to reduce over utilization and cost of the state hospital and keep individuals in our community. Please attach any additional information you feel would be helpful in reviewing your request, and submit this form, together with any attachments by September 12, 2008 to: • Certification Cindy Epperson Deputy Director of Accounting and Budgeting City of Yakima 129 No. 2nd Street Yakima, WA 98901 I certify the above information to be true and factual to the best of my knowledge. Signed: Rick Weaver, Title: CEO Date: July 2, 2009 If your funding is approved, a quarterly on-site audit and inspection of your financial records may be made by the City of Yakima Finance Department. • CWCMH Diversion Program 02=01-03-250 July 1, 2009 thru June 30, 2010 Projection FY 2010 Salaries Staff % Admin Diversion Pilot Coordinator 18% $ 11,800.00 Division Director 5% $ 6,400.00 Diversion - SAMSHA CIT Mental Health Asst -Peer Support 100% $ 26,100.00 COP/CDMHP 100% $ 48,200.00 MHP Extra Shifts @$200 event 20% $ 12,900.00 20% $ 15,100.00 Crisis Case Management MHP 100% $ 36,000.00 Crisis Case Management MHP 100% $ 32,100.00 CDP Counselor 100% $ 27,900.00 Support Staff 100% $ 26,800.00 Management Accountant 3% $ 1,500.00 MHP 100% $ 7,000.00 MHP 100% $ 5,200.00 MHP 100% $ 1,300.00 MHP 100% $ 14,400.00 MHP 100% $ 17,800.00 MHP 100% $ - MHP 100% $ 1,500.00 Case Coordinator 100% $ 2,600.00 Total Salaries $ 294,600.00 Benefits @ 28.11% Prescriber Total Personnel $ 82,812.06 $ 51,421.68 $ 428,833.74 Other Expenses SAMHSA Supplies & Expenses Office Supplies - CWCMH CWCMH $ 87.50 Client Care (Crisis Beds, etc) CWCMH $ 450.00 Printing CWCMH $ 50.00 Cell Phones CWCMH $ 1,500.00 Travel CWCMH $ 2,000.00 Total Other Expenses $ 4,087.50 TOTAL DIRECT SERVICES $ 432,921.24 GRAND TOTAL $ 432,921.24 ORDINANCE NO. 2009 AN ORDINANCE amending the 2009 budget for the City of Yakima; and making appropriations of $66,021 within the 000 -General Fund to provide for a behavioral health diversion program operated by Central Washington Comprehensive Mental Health. WHEREAS, the amount of $66,021 must be appropriated within the 000 General Fund for expenditure during 2009 to provide for. the Professional Services Agreement to conduct a a behavioral health diversion program operated by Central Washington Comprehensive Mental Health (CWCMH). WHEREAS, atthe time of the adoption of the 2009 budget it could not reasonably have been foreseen that the appropriation provided for by this ordinance would be required; and the City Council declares that an emergency exists of the type contemplated by RCW 35.33.091 and that it is in the best interests of the City to make the appropriation herein provided, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1: The amount of $66,021 is hereby appropriated from the Unappropriated Fund Balance in the 000 -General Fund Account 000-095-411-0000- 562.29-410 titled CWCMH Professional Services as a 2009 appropriation to provide for 111 a behavioral health diversion program. Section 2: This ordinance is one making an appropriation and shall take effect immediately upon its passage, approval and publication as provided by law and .by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of , 2009. ATTEST: CITY CLERK First Reading: Publication Date: Effective Date: Cje CW Comp Mental Health Approp Ord 0910/15/2009 DAVID EDLER, MAYOR Yakima CIT Program Program Components Program Component: Crisis Intervention Training (CIT) . Description: Law enforcement is often the first point of contact for people in crisis. Since the initial interaction with persons with behavioral health problems is so critical to determining outcomes, this diversion strategy relies heavily on well trained officers who are knowledgeable regarding the nature of behavioral disorders and resources available in the community. The Crisis Intervention Team (CIT) program is a community partnership involving law enforcement, mental health providers, mental health consumers, and family members. It is coordinated and financially supported by CWCMH. Officers are provided with a 40 hour; active participation training experience with the result being certification as a CIT officer. Other first responders such as fire department personnel, EMTs and ambulance personnel, corrections officers, and emergency room staff are also invited to attend. Shorter 1 and 2 day introductory CIT classes are also made available through the year. This program component is funded by other sources and access to any particular training event cannot be guaranteed. Potential Savings: CIT training has been shown, national research to reduce the incidence of officer and civilian injuries resulting from contact between law enforcement and persons with mental illness or chemical dependency problems. CIT training for officers may also assist in risk management and/or premium savings for Iocal jurisdictions. Program Component: Crisis Response, Triage, and Linkage Description: Operating under a cooperative agreement and according to criteria defined by the Yakima county and City prosecutors per SSB 5533, designated staff receive and evaluate potential behavioral health diversion participants. Staffing consists of designated mental health professionals, chemical dependency counselors, bilingual mental health assistants, a chemical dependency counselor, a case manager, a peer support specialist, support staff, and their supervisors. Following evaluation, a diversion/treatment plan is developed and, if the participant accepts the plan, it is implemented. If a potential participant refuses to participate, law enforcement and prosecution are notified for consideration of filing charges. Team staff members are available 24/7 to actively triage and intervene with participants. The program is housed in the existing CWCMH crisis triage center. Potential Savings: The Crisis Response,. Triage, and Linkage component is the core of the behavioral health diversion program. It allows officers to quickly offer an alternative to . incarceration resulting in decreased down time from line duties. Diversion from jail also results in a host of cost reduction and cost avoidance outcomes including potential reductions in court and legal caseloads, reduced jail medical costs, reduced outlays for jail bed rental, potential availability for increased jail rental income, etc. Page 1 of 4 CMH CIT 09 Exhibit B Program Component: Mental Health/Chemical Dependency Co -Occurring Disorder Treatment (aka MICA or COD services) Description: • Co-occurring disorder refers to the presence of both a severe mental illness and substance use disorder. Nearly 1 00% of the participants in the CIT program have either a chemical dependency or co-occurring mental health and chemical dependency disorder. Integrated dual disorders treatment has been shown to work effectively for both disorders. People with dual disorders have a better chance of recovery from both disorders when their mental health practitioners provide combined mental health and substance abuse treatments. People with dual disorders are at high risk for many additional problems such as incarceration, symptomatic relapses, hospitalizations, financial problems, family problems, homelessness, suicide, violence, sexual and physical victimization, serious medical illnesses, such as HIV and hepatitis B and C, and early death. Sending people with dual disorders to substance abuse treatment programs or to self-help groups such as AA, without offering substance abuse treatment in the mental health setting, is not an effective approach. Providing effective integrated dual disorders treatment involves the following: • Knowledge about alcohol and cfrug use, as well as mental illnesses: Clinicians know the effects of alcohol and drugs and their interactions with mental illness. • Integrated services: Clinicians provide services for both mental illness and substance use at the same time. • Stage -wise treatment: People go through a process over time to recover and different services are helpful at different stages of recovery. • Assessment: Consumers collaborate with clinicians to develop an individualized treatment plan for both substance use disorder and mental illness. • Motivational treatment: Clinicians use specific listening and counseling skills to help consumers develop awareness, hopefulness, and motivation for recovery. This is important for consumers who are demoralized and not ready for substance abuse treatment. • Substance abuse counseling: Substance abuse counseling helps people with dual disorders to develop the skills and find the supports needed to pursue recovery from substance use disorder. CWCMH is a national leader in providing co-occurring disorder services. CWCMH was one of the original 13 demonstration sites (beginning in 1987) for what is now considered an evidence - based best practice. These services are made available through Federal, State and County programs for mental health and chemical dependency treat and are subject to the restrictions of those programs. Participants in the Behavioral Health Diversion Program are given priority access to programs they are eligible for. Page 2 of 4 CMH CIT 09 Exhibit B Research consistently indicates that consumers with co-occurring disorders account for as many as 70% of the chronically mentally ill individuals served in the community mental health system. . These individuals are often chronic recidivists, returning to hospital ERs; psychiatric inpatient facilities, and jails. Integrated co-occurring disorder treatment is one of six SAMHSA "best practices." A recent review of the patients at Washington's state hospitals indicated that 60 percent suffered from co-occurring disorders. These patients are among the most difficult to place and that they often remain in the hospital longer than they might if alternatives such as these were available. It is highly likely that reductions would occur in the use of local psychiatric inpatient and.E&T facilities, ERs and jails. Potential Savings: Reduced utilization of state hospitals, reduced use of community psychiatric inpatient and E&T beds, and reduced utilization of ERs. Improved outcomes in chemical dependency treatment. Program Component: CIT Housing Description: CWCMH operates an apartment building to provide housing for participants who are homeless or at the risk of being homeless. This apartment building is intended to provide an integral piece of a pilot project to divert persons suffering from mental illness, chemical dependency and co-occurring disorders from incarceration in city and county jail. When these individuals come into contact with law enforcement as a result of the commission of a non- violent misdemeanor crime, they are frequently homeless and in need of intensive case management assistance. The availability of these units allows staff to "wrap" services around a participant while services are developed to allow a more permanent placement. These services are made available through funds developed locally by Comprehensive. Potential Savings: There is significant research indicating that having decent, affordable, and safe housing is a key determinant of the success of a behavioral health patient in the community. Clients living in supported are substantially less likely to experience recidivism to hospitals, jails, etc. Program Component: Mental Health Treatment for CIT Participants Description: CIT participants require a Wide range of mental health services including evaluation and assessment, psychiatric and medication management services, case management, group and individual therapy, crisis services and residential services. CWCMH provides an extensive range of services to meet these needs. These services are made available through Federal, State and County programs for mental health and chemical dependency treat and are subject to the restrictions of those programs. Participants in the Behavioral Health Diversion Program are given priority access to programs they are eligible for. Potential Savings: Successful engagement in treatment is documented to reduce utilization of high cost services including jails, hospitals, etc. Page 3 of 4 CMH CIT 09 • Exhibit B Program Component: Outpatient Chemical Dependency Treatment for CIT Participants Description: CIT participants require a wide range of chemical dependency treatment services including assessment, group and individual therapy, crisis services and residential services. CWCMH provides an extensive range of services to meet these needs. These services are made available through Federal, State and County programs for mental health and chemical dependency treat and are subject to the restrictions of those programs. Participants in the Behavioral Health Diversion Program are given priority access to programs they are eligible for. Potential Savings: Successful engagement in treatment is documented to reduce utilization of high cost services including jails, hospitals, etc. Page 4 of 4 CMH CIT 09 Exhibit B MENTAL HEALTH CRISIS STABILIZATION UNIT (Crisis Triage Unit) REFERRAL FOR TREATMENT STANDARDS Authority: Chapter 375, Laws of 2007 (SSB 5533). Statement of Authority: Section 2 of Chapter 375, Laws of 2007 adds a new section to RCW 10.31, which, in subpart (2) provides that police officers are to be guided by standards mutually agreed upon with the prosecuting attorney. These are the standards mutually agreed upon: 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) or an equivalent city ordinance; 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 be 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. Page 1 of 2 CMH CIT 09 Exhibit C 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. Yakima County Prosecuting Attorney City of Yakima Legal Department Date Date Yakima County Sheriff City of Yakima Chief of Police Date Date Central Washington Comprehensive Mental Health, CEO Date Page 2 of 2 CMH CIT 09 Exhibit C • • Behavioral Health Diversion Program Data Dictionary 1. Excel Spreadsheet Collects: .a. CWCMH lA a. Client Number b. CIient Name (First, Last, Middle) c. Medical Record Number d. Ethnicity e. Hispanic Origin f. Client Priority g. Handicap Status h. Previous Mental Health Outpatient Services i. Previous Psychiatric Hospitalization j. Substance Abuse TX k. Referral Source 1. Axis 1 Diagnosis m: Axis II Diagnosis n. Axis III Diagnosis o.. Residential Status 2. b. Law Enforcement Tracking Form: a. Nature of Incident b. Threats/violence/weapons c. Prior Contact d. Dx reported by client e. Drug/Alcohol Involvement f. Complainant Relationship g. Behavior noted during intervention h. Incident Injuries i. Law enforcement Response j. Disposition of Case c. Probation Tracking Form: Referral a. Court Ordered Services b. Nature of the Charging Incident (Charge leading to arrest, conviction and probation services) c. Known History of Violence d. Prior Probation e. Drug/Alcohol Involvement f. Current Medication g. History of Probation Compliance. • h. Imminent Risk of Violation PsychConsult (CWCMH Practice Management Software) Collets: a. Required state and federal data dictionary including: Page 1 of 2 CMH CIT 09 Exhibit D i. Services received ii. Clinical assessment information iii. Medication history iv. Involuntary Treatment services received v. Housing and employment status 3. COmmunityOS, formerly Tapestry: a. Collects information on all homeless clients for Yakima County Page 2 of 2 CMH CIT 09 Exhibit D • • Yakima Herald Republic Online - Printer Friendly Page 1 of 5 From the YakimaHerald.com Online News. Jail diversion an alternative for offenders with mental health issues by Phil Ferolitio Yakima Herald -Republic 2 . hotos I View the. , alle SARA GETTYS/Yakima Herald -Republic Torie Harding, left, wipes ice cream off the face of her daughter, Elizabeth, 3. Harding lives with her kids in transitional housing, a program that she decided to participate in rather than facing jail time for a probation violation. Harding and her kids spend some time every day with Harding's mother, who lives near the transitional housing. Advertisement More 'Local' 1. Jail diversion an alternative for offenders with mental health issues 2. Lawsuit filed over water for feedlot 3. Teamwork touted at water supply forum 4. Sunnyside road work a welcome inconvenience 5. Account set up for plane crash victim 6. Lottery winners feeling 'grateful' 7. Sunfair Parade names Anderson marshal More Stories: Today's News I This Week YAKIMA, Wash. — Haunted by memories of a time she thought she'd forgot, Torie Harding began drinking. http://www.yakima-herald.com/stories/print/20954 7/1/2009 Yakima Herald Republic Online - Printer Friendly Page 2 of 5 "I didn't know what was happen-ing to me," she said of memories she didn't want to discuss. "It was like I was living the past all over again and I didn't know how to handle it." Her drinking led to her being jailed twice last year on domestic violence charges after she allegedly hit her brother. Then, she became separated from her husband and two children and lost her rental home in Yakima. Later, she was diagnosed with post-traumatic stress disorder and depression. Her drinking continued and she moved from one motel to another without telling her probation officer, a probation violation. Rather than being jailed a third time, Harding entered a diversion program in Yakima that allows misdemeanor offenders suffering from mental illness to get help rather than be locked up. She is just one of more than 40 people currently in the program run by Comprehensive Mental Health and Yakima County. Law enforcement officers can take suspects accused of committing misdemeanor crimes, such as public intoxication, trespassing or shoplifting, to a 16 -bed triage center at 402 S. Fourth Ave. There, people are assessed and offered treatment for substance abuse and mental illness. If the person complies with the terms of diversion, the misdemeanor charge is dropped. The program -- one of only two in the state -- not only saves the judicial system money by keeping these offenders out of jail and courts, but also helps them improve their lives, supporters say. Harding, 32, is receiving both mental health and alcohol counseling. She has also been placed in clean and sober housing, where she resides with her 3 -year-old daughter and 10 -year-old son. More than 300 people have been diverted from jail and into mental health services and drug and alcohol treatment since the program began in November 2007. "We strongly support jail diversion," said Ron Honberg, legal director for the National Alliance on Mental Illness in Arlington, Va. "There is a lot of data and evidence that they work." Since the 1950s, beds at mental hospitals nationwide have been reduced from more than 500,000 to about 58,000, sending many people who suffer from mental illness into the streets and jails. The push to reduce the number of beds available at state hospitals came in part by efforts to have these patients treated at smaller community-based centers, said Chris De Villenueve, director of Lower Valley services with Comprehensive Mental Health. But federal and state funding was insufficient, and the smaller centers lacked beds, he said. "Essentially, 30 percent (of the mentally ill) were fundamentally homeless," he said. Trouble without treatment Without treatment, many end up getting into trouble. Nationwide, stories abound of how their run-ins with police sometimes end tragically. http://www.yakima-herald.com/stories/print/20954 7/1/2009 Yakima Herald Republic Online - Printer Friendly Page 3 of 5 Yakima has stories of its own. On Oct. 3, 2008, 19 -year-old William Murray was found hanging in his cell at the Yakima County Jail. He was being held on arson charges in an incident in which he tried to kill himself in a fire. On Oct. 17, 2005, Gerry Holman, a black -belt in karate who scuffled with police, shook off the effects of three Taser shocks, escaped officers and drowned in nearby Aspen Lake. And on Aug. 11, 2003, police shot and killed 38 -year-old Elvis Wayne Wilson after he lunged at them with a knife, urging them to shoot and kill him. Police admit that the "take 'em to jail" attitude doesn't always work with the mentally ill. Now, officers are undergoing training to respond to such incidents. Nearly a third of more than 60 deputies with the Yakima County Sheriffs Office and about 70 percent of roughly 135 Yakima police officers, including some dispatch officers, already have been trained to respond to such incidents. Officers receive 40 hours in crisis intervention training to identify basic mental illness symptoms, such as depression, mania and hallucinations, and learn how to defuse potentially dangerous situations. Officers say the training, which was made possible through a three-year, $240,000 state and federal grant, fosters new perspectives. "I think the ability to learn -- it's not all about going out there and kicking ass and taking names -- it's going out there and learning about the public," said Deputy Bob Locatti. He said his partner at first didn't think the training had anything to offer. "His idea was 'there's nothing they can teach me that I don't already know,' he said. "By the end of the first day, he was like 'we need more training.' Officers' discretion Law enforcement officers have discretion to offer suspects diversion if they appear to be suffering from any mental illness. Often it's simply a matter of asking certain questions and paying attention to behavior, said Locatti. "Every officer that I have talked to after they have diverted somebody said exactly the same thing: 'When I offered them diversion, they said yeah,'" he said. The diversion center is staffed 24 hours and allows officers to drop off suspects any time. There, suspects can stay up to 30 days. The Triage Center not only serves as a central. hub for services -- such as mental health, housing and drug and alcohol treatment -- it also helps people receive help faster than they would if they were to go to each agency individually, said Marcy Treat, who does chemicaldependency assessments at the center. http://www.yakima-herald.com/stories/print/20954 7/1/2009 Yakima Herald Republic Online - Printer Friendly Page 4 of 5 Social service agencies usually operate independently, but the triage center offers a form of one-stop shopping. "Here, assessments are done within 24 hours and a client can be seen by a prescriber within a week, depending on the need or crisis," Treat said, something that could take up to a month elsewhere. "The objective of our program is to keep them out of jail -- it's the revolving door that we're trying to stop." The program also saves money. It costs $71.25 a day to house one inmate at the Yakima County Jail, which has an annual budget of about $30 million. About 18 percent of the roughly 1,100 inmates incarcerated there daily suffer from severe mental illness, said jail supervisor of mental health Michael Aquilino. Medication for the mentally ill runs the jail about $15,000 a month, he said. "It's not just about locking up the bad guys," he said of the county jail. "It's taking care of some of the sickest and worst -off people in the county. I don't think the public realizes how much time we spend taking care of the sick." Operating the diversion program is much cheaper -- about $433,000 a year. Comprehensive Mental Health vice president Jack Maris says the average cost of incarceration is about four times that of diversion. He and others view the triage center as a better public investment because mentally ill offenders are often arrested more than once. A federal grant supplied the funds to get the diversion program started and to train law enforcement officers on how to deal with the mentally ill. When the federal money ran out for diversion services, Yakima County agreed to finance it this year. But that money expired this week. Now, both county and city officials are talking about how to keep funding going to continue the diversion program and training for officers. "I do believe that it's a critical program and all of us are concerned about funding right now," said Yakima Mayor Dave Edler. "We're going to look at everything we possibly can. We have a good track record of looking for and pursuing grants for policing." For Harding, who spent Christmas and New Year's Day in jail and away from her family, the program is giving her another chance at life. Now she's learning how to combat post-traumatic stress disorder and depression. "I feel like there is hope and I'm learning every day to where before I didn't understand what was going on," said the former preschool teacher. "The big part is learning that I'm not the only one and that there's help out there." * Phil Ferolito can be reached at 509-577-7749 or pferolito@yakimaherald. com. http://www.yakima-herald.com/stories/print/20954 7/1/2009 Yakima jail diversion for mentally ill offenders Page 1 of 4 *attleeattle Maintethil ensu r http://www.seattlepi.com/loca1/6420ap_wa 'ail diversion.html p p_wa _1 Last updated July 1, 2009 10:48 a.m. PT • Yakimajail diversion for mentally ill offenders By PHIL FEROLITIO YAKIMA HERALD -REPUBLIC YAKIMA, Wash. -- Haunted by memories of a time she thought she'd forgot, Torie Harding began drinking. "I didn't know what was happening to me," she said of memories she didn't want to discuss. "It was like I was living the past all over again and I didn't know how to handle it." Her drinking led to her being jailed twice last year on domestic violence charges after she allegedly hit her brother. Then, she became separated from her husband and two children and lost her rental home in Yakima. Later, she was diagnosed with post-traumatic stress disorder and depression. Her drinking continued and she moved from one motel to another without telling her probation officer, a probation violation. Rather than being jailed a third time, Harding entered a diversion program in Yakima that allows misdemeanor offenders suffering from mental illness to get help rather than be locked up. She is just one of more than 40 people currently in the program run by Comprehensive Mental Health and Yakima County. Law enforcement officers can take suspects accused of committing misdemeanor crimes, such as public intoxication, trespassing or shoplifting, to a 16 -bed triage center at 402 S. Fourth Ave. There, people are assessed and offered treatment for substance abuse and mental illness. If the person complies with the terms of diversion, the misdemeanor charge is dropped. The program not only saves the judicial system money by keeping these offenders out of jail and courts, but also helps them improve their lives, supporters say. Harding, 32, is receiving both mental health and alcohol counseling. She has also been placed in clean and sober housing, where she resides with her 3 -year-old daughter and 10 -year-old son. More than 300 people have been diverted from jail and into mental health services and drug and alcohol treatment since the program began in November 2007. "We strongly support jail diversion," said Ron Honberg, legal director for the National Alliance on Mental Illness in Arlington, Va. "There is a lot of data and evidence that they work." Since the 1950s, beds at mental hospitals nationwide have been reduced from more than 500,000 to about 58,000, sending many people who suffer from mental illness into the streets and jails. http://www.seattlepi.com/printer2/index.asp?ploc=t&refer=http://www. seattlepi.com/local/6... 7/1/2009 Yakima jail diversion for mentally ill offenders Page 2 of 4 The push to reduce the number of beds available at state hospitals came in part by efforts to have these patients treated at smaller community-based centers, said Chris De Villenueve, director of Lower Valley services with Comprehensive Mental Health. But federal and state funding was insufficient, and the smaller centers lacked beds, he said. "Essentially, 30 percent (of the mentally ill) were fundamentally homeless," he said. Without treatment, many end up getting into trouble. Nationwide, stories abound of how their run-ins with police sometimes end tragically. Yakima has stories of its own. On Oct. 3, 2008, 19 -year-old William Murray was found hanging in his cell at the Yakima County Jail. He was being held on arson charges in an incident in which he tried to kill himself in a fire. On Oct: 17, 2005, Gerry Holman, a black -belt in karate who scuffled with police, shook off the effects of three Taser shocks, escaped officers and drowned in nearby Aspen Lake. And on Aug. 11, 2003, police shot and killed 38 -year-old Elvis Wayne Wilson after he lunged at them with a knife, urging them to shoot and kill him. Police admit that the "take 'em to jail" attitude doesn't always work with the mentally ill. Now, officers are undergoing training to respond to such incidents. Nearly a third of more than 60 deputies with the Yakima County Sheriffs Office and about 70 percent of roughly 135 Yakima police officers, including some dispatch officers, already have been trained to respond to such incidents. Officers receive 40 hours in crisis intervention training to identify basic mental illness symptoms, such as depression, mania and hallucinations, and learn how to defuse potentially dangerous situations. Officers say the training, which was made possible through a three-year, $240,000 state and federal grant, fosters new perspectives. "I think the ability to learn -- it's not all about going out there and kicking ass and taking names -- it's going out there and learning about the public," said Deputy Bob Locatti. He said his partner at first didn't think the training had anything to offer. "His idea was 'there's nothing they can teach me that I don't already know,' he said. "By the end of the first day, he was like 'we need more training.' Officers' discretion Law enforcement officers have discretion to offer suspects diversion if they appear to be suffering from any mental illness. Often it's simply a matter of asking certain questions and paying attention to behavior, said Locatti. "Every officer that I have talked to after they have diverted somebody said exactly the same thing: 'When I offered them diversion, they said yeah,'" he said. http://www. seattlepi.com/printer2/index.asp?ploc=t&refer=http://www. seattlepi. com/local/6... 7/1/2009 Yakima jail diversion for mentally ill offenders Page 3 of 4 The diversion center is staffed 24 hours and allows officers to drop off suspects any time. There, suspects can stay up to 30 days. The Triage Center not only serves as a central hub for services -- such as mental health, housing and drug and alcohol treatment -- it also helps people receive help faster than they would if they were to go to each agency individually, said Marcy Treat, who does chemical dependency assessments at the center. Social service agencies usually operate independently, but the triage center offers a form of one-stop shopping. "Here, assessments are done within 24 hours and a client can be seen by a prescriber within a week, depending on the need or crisis," Treat said, something that could take up to a month elsewhere. "The objective of our program is to keep them out of jail -- it's the revolving door that we're trying to stop." The program also saves money. It costs $71.25 a day to house one inmate at the Yakima County Jail, which has an annual budget of about $30 million. About 18 percent of the roughly 1,100 inmates incarcerated there daily suffer from severe mental illness, said jail supervisor of mental health Michael Aquilino. Medication for the mentally ill runs the jail about $15,000 a month, he said. "It's not just about locking up the bad guys," he said of the county jail. "It's taking care of some of the sickest and worst -off people in the county. I don't think the public realizes how much time we spend taking care of the sick." Operating the diversion program is much cheaper -- about $433,000 a year. Comprehensive Mental Health vice president Jack Maris says the average cost of incarceration is about four times that of diversion. He and others view the triage center as a better public investment because mentally ill offenders are often arrested more than once. A federal grant supplied the funds to get the diversion program started and to train law enforcement officers on how to deal with the mentally ill. When the federal money ran out for diversion services, Yakima County agreed to finance it this year. But that money expired this week. Now, both county and city officials are talking about how to keep funding going to continue the diversion program and training for officers. "I do believe that it's a critical program and all of us are concerned about funding right now," said Yakima Mayor Dave Edler. "We're going to look at everything we possibly can. We have a good track record of looking for and pursuing grants for policing." For Harding, who spent Christmas and New Year's Day in jail and away from her family, the program is giving her another chance at life. http://www.seattlepi.com/printer2/index.asp?ploc=t&refer=http://www.seattlepi.com/loca1/6... 7/1/2009 Yakima jail diversion for mentally ill offenders Page 4 of 4 Now she's learning how to combat post-traumatic stress disorder and depression. "I feel like there is hope and I'm learning every day to where before I didn't understand what was going on," said the former preschool teacher. "The big part is learning that I'm not the only one and that there's help out there." Information from: Yakima Herald -Republic, http://www.yakima-herald.com http://www. seattlepi. com/printer2/index. asp?ploc=t&refer=http://www. seattlepi. com/local/6... 7/1/2009