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HomeMy WebLinkAbout05/04/2010 06B CWCMH Crisis Intervention Team Diversion Program Reports from the Public Safety Committee 0 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT • Item No. (4 For Meeting Of May 4, 2010 ITEM TITLE: Updated Reports from the Public Safety Committee regarding CWCMH Crisis Intervention Team Diversion Program • SUBMITTED BY: Deputy Police Chief Kelly Rosenow CONTACT PERSON /TELEPHONE: Deputy Chief Kelly Rosenow - 575 -6210 SUMMARY EXPLANATION: At the April 21, 2010 meeting of the Council Public Safety Committee, a report was provided to the committee members regarding the CIT diversion program. This program was partially funded through general fund reserves for a 6 month pilot program. Although the committee does find value in the program, they cannot recommend continuation of funding for the program given the current economic conditions facing the City. The following reports are 0 being forwarded to the full council from the Public Safety Committee for their review with the recommendation that the Council not continue funding the CIT diversion prgoram. Resolution Ordinance Other (Specify) Report Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL City Manager STAFF RECOMMENDATION: Accept reports. • BOARD /COMMISSION RECOMMENDATION: The Public Safety Committee recommends the Council discontinue funding of the CIT Diversion Program. COUNCIL ACTION: III City of Yakima Police Department 200 S. f Street Yakima, , %, %, :051PNA ® Samuel Granato, Chief of Police Washington 98901 �� < =' 0.1.'-±.0 ' �, ;, FNS 1 Telephone (509)575 -6200 Fax (509)575 -6007 4 %'� MEMORANDUM April 26, 2010 TO: Honorable Council Members City Manager Dick Zais FROM: Deputy Police Chief Kelly Rosenow SUBJECT: CWCMH Crisis Intervention Team Diversion Program At the April 21, 2010 Public Safety Committee the police department presented the attached information regarding the CIT program. As noted in CWCMH's report, the CIT program is not utilized by the Yakima Police Department. There are a number of reasons for this, as described in the Deputy Chief's memorandum. The CIT program was funded by the council in October 2009 as a six month trial program, ending March 31, 2010. The six month trial program cost over $132,000 • and to continue would cost an additional $132,000 for 2010 and twice that much in 2011. It is unfortunate the program did not receive the success it needed to survive. Those with mental illness do not always belong in jail, unfortunately the structure of this law makes it very difficult to use effectively. Based on the cost of the program and the restrictions put upon us by the law, neither the police department nor the Public Safety Committee can recommend the continual funding of this program. The police department is dedicated to helping those with mental illness and will continue to work with CWCMH to develop programs effective to our needs. III City of Yakima Police Department 200 5. f Street Yakima, , %, .�, 0 Samuel Granato Chief of Police Washington 98901 �� ' r° o ` „ l , Telephone (509)575 -6200 Fax (509)575 -6007 `� %' MEMORANDUM April 15, 2010 TO: Dick Zais, City Manager FROM: Sam Granato, Chief of Police Kelly M. Rosenow, Deputy Chief of Police SUBJECT: CIT Behavioral Review The Yakima Police Department recognizes the importance of ensuring those arrested who are suffering from mental illness receive the proper treatment. The options for mental illness treatment in our city facility is very limited, as such they are housed at the Yakima County Department of Corrections. The CIT program was introduced to Yakima County law enforcement a number of years ago by Central Washington Comprehensive Mental Health (CWCMH) in 41) partnership with Yakima County. The Yakima Sheriffs Department and Yakima Police Department were designated as pilot projects. Training was conducted for law enforcement offices, elected officials, administration, and command staff. In fall 2009 the city was notified by CWCMH of funding issues with the CIT program. The city funded the CIT program for the amount of $132,041 for six months. The continuation of funding was based on the success of the program and more importantly if it would assist in reducing jail costs at YCDOC. The six months time period has expired and a progress report has been submitted by CWCMH, attached. As noted in the CWCMH report, statistics for October 2009 through March 2010 indicates Yakima Police Officers used CIT four (4) times, as compared to the Yakima Sheriffs Department who used the program two (2) times. It appears the user of CIT is County Probation (who also supervises Municipal Court probationary people). This really does not assist our officers or lower the city's jail costs. As noted in CWCMH's report, Yakima City /County Probation Services is largest user of the CIT program. With the Toss of the City of Yakima CIT program funding it is not expected Probation Services will have the capacity to fund the program. At this time we are not sure how this will affect the city's inmate housing costs at YCDOC. III • i The city's prosecutor's office and police department are implementing other sentencing alternatives, such as GPS Electronic Home Monitoring, and GPS Electronic Home Monitoring with alcohol sensors. We are anticipating these two • new sentencing options will be place into practice and assist in deferring the cost inmate housing. Lt. Finch has supplied a report, attached, as to the effectiveness and use of the program by police officers. As noted in previous conversations, to qualify for the CIT Diversion program requires the offender not to commit certain types of crimes. This appears to be a very significant obstacle to the program. To continue to fund this program in 2010 will most likely cost the city another $132,000. The police department cannot fund this program without incurring additional reductions in personnel. We also recognize the City's Reserve Account cannot absorb this cost impact. Unless there are changes to the State Law and /or CWCMH develops a post booking and /or the court orders the program as part of the offender's sentence, we do not believe at this time CIT can be an effective tool for the department. We do not recommend the City of Yakima continue to fund this program. At this point of time it is not cost effective. We recommend the police department continue to work with CWCMH, Yakima County, and the various courts in developing other options such as grant funds to improve the delivery of CIT services (via a post booking program), discussion with our Legislators for changes in the requirements for qualification to receive CIT services, and /or to impose sentences which includes mental health assessments and allow the inmate to access the CIT services in a location other than YCDOC. 2 ® City of Yakima 200 S. 3rd Street Police Department Yakima, Washington 98901 Samuel Granato, Chief of Police Telephone (509) 575 -6200 Fax (509) 575 -6007 oL Inter- Office Memorandum Date: April 4, 2010 To: Deputy Chief Rosenow From: Lt. S. Finch Subject: Behavioral Health Diversion Program This memorandum is in response to your March 30, 2010 email to me, directing me to complete a report regarding the Behavioral Health Diversion Program, or "CIT" as it is sometimes 0 referred to. As you are aware I only recently returned to the patrol division, so my knowledge of the parameters of the program, the requirements of the program, and the officer's utilization of the program are very limited. Therefore, I polled the sergeants on Blue Team to solicit their responses to your questions, and they also spoke to their respective squads about the program. The responses I received are listed below, after each of your questions. One response you will notice on more than one occasion is that the officers do not receive any feedback on how many persons get diverted, if they are successful in the diversion program, what the disposition rate is, etc. 1. How many Patrol Officers /Sgt's have been trained in the program? I spoke with Officer Fowler of the training office regarding this question. He advised that most all of the officers should have received the initial eight (8) hour training in this program, as this was presented as an in- service training. There are additional officers (he did not supply more specific numbers but said they are available if needed) that have attended a forty (40) hour class in this program. 2. Why this program is under utilized by patrol? "A" squad They believe there are too many restrictions with CIT. As you're aware, people arrested for serious crimes, D.V. related arrests, etc do not qualify for CIT. Rarely are people actually arrested for shoplifting, trespassing, etc. Custodial arrests 411 normally come into play when the suspect has no identification or is fighting with the Loss Prevention Officer or under the influence of alcohol or drugs. If the LPO detains a subject that may qualify for the program and that suspect has been cooperative, 1 they are released and a report is written and shipped to the PD and a summons is issued so there isn't any police contact with them. Urwin told me that at night MHP's resources are very limited so it takes a longer period of time to get things accomplished. He said the officer is required to have the entire report/case done • before they can be taken to the placement facility which takes additional time. "B" squad During the inception of this program officers attempted to divert arrestees on several occasions and the staff at CWCMH were not aware of the program and did not know how to proceed with the diversion. The process took a long time and was frustrating for the officer. I believe that this has been resolved, but that stigma remains. Historically, we are at the mercy of CWCMH when we have someone in protective custody, often waiting for hours for an MHP to arrive for an evaluation. I realize that the evaluation process is different than the diversion process, but again, if the officer has a choice to resolve the incident quickly by citing and releasing or booking then they will usually take that approach. "C" squad I don't know that the program is being under - utilized as much as it is being over- regulated. It appears that there is a very specific person that can fit into that program. On evenings, it is difficult to fit an arrestee into the program when most of the people we encounter for arrest have either drugs, alcohol, or both on board. Acts of violence also prohibit placement and as you know, DV arrests require mandatory booking. "D" Squad (It should be noted that Sgt. Cortez is currently the sergeant on "D" squad. His knowledge of the program is also very limited, and his responses are from his squad) The squad felt that they may not have enough information regarding the program, because based on the little information they have, they felt the program was limited as to who qualified and felt the only persons that qualified are theft suspects. 3. What are the challenges encountered by patrol officers who wish to divert a person to CIT? This may include the person is too intoxicated, the law does not allow diversion, etc... "A" squad A couple of the officers said when they have attempted diversion, they ended up dealing with the same person again within a day or two. They have found it is easier to book the individual so they aren't dealing with that same person again within a short period of time. "B" squad Some of the challenges include awareness by the officers. Very few offenders qualify for the diversion program, mainly because of assaultive behavior; therefore the process • is not used on a routine basis. I believe that when we contact someone that may qualify for the program, oftentimes the officer does not consider the program because of the 2 awareness issue. The majority of the people we contact do not qualify for the program due to assaultive behavior either in the present or in the person's past. 0 "C" squad Due to call volume or activity, it is much easier and timely to book someone into jail than have to wait for a MHP. Lately, officers have been waiting for up to two hours for a MHP to arrive for things such as a consultation with a suicidal person. "D" squad Officers felt some challenges were only a small percentage qualified and the persons that did qualify were repeat offenders. Also the additional paperwork is time consuming. 4. Are patrol officers being directed by the Sgt or Lt to utilize the program if someone is in custody who may qualify? If not, why? "A" squad One of the questions the officers had for MHP is how many people have been diverted through our department and what is the disposition rate. How many of those folks have completed the guidelines of the Diversion program, how many have had to be ultimately arrested either by the officer or by warrant and how many of those cases have there been no disposition to. "B" s uad This program has been promoted by CWCMH during several of our musters. The first level supervisors encourage officers to utilize the program, but again most of the offenders we contact do not qualify. Officers who have diverted offenders do not receive any feedback as to what has occurred to the offender. In all of the diversions, or potential diversions, that have been done on my squad, the officer contacted me and we discussed the case to determine if the offender meets the criteria for diversion. "C" squad I recall recently a suicidal person who had a visit here with a MHP. CIT was suggested, but for whatever reason I cannot recall, placement there was not an option and the MHP wound up asking if we could book the individual in City Jail on other charges. I am sure there is some confusion as to when officers can place the officers into the program. Most of the individuals that we encounter also have a previous history of violence which excludes them from the program. "D" squad The officers felt the program was not really being emphasized by supervisors because they could not recall any incidents where a subject actually qualified. Again, my recent return to the patrol division prevents me from offering any personal experience or insight into the program itself. However, from the responses I received, I would offer the following O ndensed answers to your questions. 3 . 1. Training in this program was presented during an in- service training program, so most officers should have received at least the preliminary eight (8) hour training. Some additional officers have attended a forty (40) hour program. I was reminded by the training office that getting officers trained in this program resulted in the department receiving several Tasers. 2. It appears that the program may not be getting utilized enough for a couple of reasons. The response by CWCMH appears to be a detriment, or at least it has been in the past. I do know that getting them to respond to even suicidal persons in a timely manner is usually the exception, not the rule. I understand that the mental health professionals are busy, and CWCMH is understaffed, however that is also the case for the officers calling for their assistance. The second reason is that there are very few people that the officers come into contact with that qualify for the program, for varying reasons. There have also been cases where the subject qualified for the program, but chose not to participate in it. It may be beneficial to review some of the reasons that an officer may come into contact with a subject, or "Potential Charges" that would qualify a subject for the program, as compared to what is normally done with a subject under the same circumstances. • "Drug Use" Any drug use other than the use of marijuana, and /or possession of marijuana under 40 grams, would constitute a felony. Felony arrestees do not qualify for this program. Those that would be charged with the use of marijuana and/or possession of marijuana under 40 grams would be issued a criminal citation and released • pending an appearance in court anyway, barring any other mitigating factors. • "Possession of Drug Paraphernalia" Barring the presence of any mitigating factors, this misdemeanor offense is also one in which the subject would receive a criminal citation and be released pending their appearance in court. • "Harassment" Unless the offense rises to the level of felony harassment, this offense is also usually handled the same as the previous two. In fact, it is seldom that an officer would even do that, as most of these types of cases involve ongoing issues and are referred to the detective division. • "Petty (sic) Larceny" As a general practice, officers do not respond any longer to shoplift offenses. The loss prevention officer completes a report and the subject receives a court date through the mail. If an officer responds to a shoplift it means that the subject either does not have any identification, has resisted apprehension, has assaulted the loss prevention officer, etc. In any of these circumstances, the subject would not qualify for the program and would be booked. If an officer responds to a theft call other than a shoplift, those are also routinely handled through the detective division. 4 • "Trespassing" A subject is typically not arrested or given a citation for trespassing, unless they have been "trespassed" from the premises previously. In other words, if an officer is sent on a "trespass" call, it is usually what is referred to as "an unwanted guest ". The officer is present when the property owner advises the subject that he is not welcome on that property again, and the officer notes the subject's identifiers in the call. If the subject goes onto the property again, the next responding officer is made aware that the subject has previously been "trespassed" from the property. In that case, the officer may issue a criminal citation and release the subject pending their appearance in court. However, in a majority of these cases the trespassing is habitual, or the subject is intoxicated or under the influence of narcotics, or the situation involves previous domestic violence issues. In any of those cases, the subject would not qualify for the program. • . "Probation Violation" Probation violations are addressed with the issuance of a warrant. In those cases, the officer is commanded by a judge to arrest the violator and place them into custody until they can be seen by a judge or magistrate. Officers have no discretion in these cases. • "Other" Some of the offenses listed in this category were "dine and dash" and "driving • without a.license ". "Dine and dash" is a petit larceny, which was covered above. "Driving without a license" can encompass many different offenses. If the subject has verifiable identification and simply does not have a driver's license, the normal procedure is to issue a criminal citation and release the subject. If the subject has a third degree suspended license, and has no prior failure to appear issues, that subject is also normally cited and released. If there are other factors which have caused the subject's license to be suspended in the second or first degree, those factors normally necessitate booking the subject into jail. 3. I believe the answer to this question was outlined above. Even if the officers want to utilize the program, either the subject does not qualify for the program, or there are other mitigating factors such as mandatory booking on certain offenses. The vast majority of those that officers come into contact with do not qualify either because of their condition at the time, their behavior in the past, the offense does not meet the criteria, or the subject refuses to take part in the program. 4. It sounds to me like the officers and supervisors are communicating regarding the potential use of the program, when on those rare instances the subject qualifies for it and there are no other mitigating circumstances. Hopefully this answers your questions satisfactorily. Lt. Steve Finch Patrol Division Yakima Police Department 5