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Incompetent to Stand Trial (IST) Solutions Workgroup

About

The California Health & Human Services Agency (CalHHS) and the Department of State Hospitals (DSH) convened an Incompetent to Stand Trial Solutions (IST) Workgroup (Workgroup) to identify actionable solutions that address the increasing number of individuals with serious mental illness who become justice-involved and deemed Incompetent to Stand Trial (IST) on felony charges.

The purpose of the Workgroup was to identify solutions to advance alternatives to placement in DSH restoration of competency programs and may include:

  • strategies for reducing the number of individuals found incompetent to stand trial;
  • reducing lengths of stay for felony IST patients;
  • providing early access to treatment prior to transfer to a DSH program;
  • increasing diversion opportunities and treatment options, among other solutions.

The Workgroup submitted recommendations to CalHHS and the Department of Finance on or before November 30, 2021, for short-term, medium-term, and long-term solutions.

Members

  • Stephanie Clendenin, Chair, IST Solutions Workgroup & Director, California Department of State Hospitals (DSH)
  • Stephanie Welch, Deputy Secretary of Behavioral Health, California Health and Human Services Agency
  • Nancy Bargmann, Director, California Department of Developmental Services (DDS)
  • Adam Dorsey, Program Budget Manager, California Department of Finance (DOF)
  • Brenda Grealish, Executive Officer, Council on Criminal Justice and Behavioral Health (CCJBH), California Department of Corrections and Rehabilitation (CDCR) Office of the Secretary
  • Tyler Sadwith, Assistant Deputy Director, Behavioral Health, California Department of Health Care Services (DHCS)
  • Brandon Barnes, Sheriff, Sutter County Sheriff’s Office
  • John Keene, Chief Probation Officer, San Mateo County & President-Elect, Chief Probation Officers of California CPOC)
  • Stephanie Regular, Assistant Public Defender, Contra Costa County Public Defender Office & Co-Chair of the Mental Health Committee of the California Public Defender Association (CPDA) 
  • Veronica Kelley, Director, San Bernardino County Department of Behavioral Health & Board President, California Behavioral Health Directors Association (CBHDA)
  • Farrah McDaid Ting, Senior Legislative Representative, Administration of Justice, California State Association of Counties (CSAC)
  • Scarlet Hughes, Executive Director, California Association of Public Administrators, Public Guardians and Public Conservators (CAPAPGPC)
  • Jessica Cruz, Executive Director, National Alliance of Mental Illness (NAMI) – California
  • Pamila Lew, Senior Attorney, Disability Rights California (DRC)
  • Francine Byrne, Principal Manager, Criminal Justice Services, Operations & Programs Division, Judicial Council of California
  • Jonathan Raven, Chief Deputy District Attorney, Yolo County (CDAA)

IST Solutions Workgroup Report

As required by Welfare and Institutions Code 4147 the following report was submitted to the California Health and Human Services and the Department of Finance on November 30, 2021.  The report describes: 1) the background of the increasing numbers of referrals of individuals committed as Incompetent to Stand Trial in California and across the nation, 2) an overview of the IST Solutions Workgroup and the process utilized to develop the recommended solutions, and 3) a census of recommendations provided by the members of IST Solutions Workgroup and stakeholders on actionable solutions that address the increasing number of individuals with serious mental illness who become justice-involved and deemed Incompetent to Stand Trial (IST) on felony charges.

IST Solutions Workgroup – Report of Recommended Solutions

IST Solutions Workgroup Meeting Dates

  • August 17, 2021 10:00 a.m. – 12:00 noon
  • August 31, 2021, 3:00 – 5:00 p.m.
  • September 29, 2021 – Meeting cancelled
  • October 12, 2021 – 3:00 – 5:00 p.m.
  • November 5, 2021 – 10:00 a.m. – 12:00 noon
  • November 19, 2021 11:00 a.m. – 1:00 p.m.

Working Groups

Working Group 1: Early Access to Treatment and Stabilization for Individuals Found IST on Felony Charges

Goal:

Identify short-term solutions to provide early access to treatment and stabilization in jail or via JBCTs in order to maximize re-evaluation, diversion or other community – based treatment opportunities and reduce length of stay

Meeting Dates: 

    • 9/21/2021 –  1:00 – 3:00 p.m.
    • 9/28/2021 – 1:00 – 3:00 p.m.
    • 10/26/2021 – 1:00 – 3:00 p.m.

Working Group 2: Diversion and Community-Based Restoration for Felony ISTs

Goal:

Identify short-term, medium-term and long-term strategies to implement Diversion and Community-Baster Restoration programs

Meeting Dates:

    • 9/24/2021 – 10:00 a.m. – 12:00 noon
    • 10/1/2021 – 9:00 – 11:00 a.m.
    • 10/22/2021 – 1:00 – 3:00 p.m.

Working Group 3: Initial County Competency Evaluations

Goal:

Reduce the number of individuals found Incompetent to Stand Trial by strengthening the quality of the initial county competency evaluation (aka Alienist Evaluations)

Meeting Dates: 

    • 9/17/2021 – 2:00 – 4:00 p.m.
    • 9/24/2021 – 2:00 – 4:00 p.m.
    • 10/15/2021 – 2:00 – 4:00 p.m.

Meeting Materials

 
November 19, 2021
November 5, 2021
October 26, 2021 - Working Group 1
October 22, 2021 - Working Group 2
Archive

Working Group 1: Early Access to Treatment and Stabilization for Individuals Found IST on Felony Charges

Working Group 2: Diversion and Community-Based Restoration for Felony ISTs

Working Group 3: 10/15/2021

IST Solutions Workgroup: 10/12/2021

Working Group 2: 10/1/2021

Working Group 1: 9/28/2021

Working Group 2: 9/24/2021

Working Group 3: 9/24/2021

Working Group 1: 9/21/2021

Working Group 3: 9/17/2021

IST Solutions Workgroup: 8/31/2021

IST Solutions Workgroup: 8/17/2021