HomeMy WebLinkAbout050619_ra01 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
FROM: Yield Kirkpatrick, Director,Jefferson County Public Health
DATE: May 6,2019
RE: Criminal Justice Treatment Account Funds
STATEMENT OF ISSUE:
In 2018,the Washington State Legislature provided Counties the option to administer their
portion of Criminal Just Treatment Account(CJTA) funding. The CJTA funds are provided
pursuant to RCW 71.24.580 for substance abuse disorder treatment and recovery support
modalities for individuals in the criminal justice system. Since 2016, CJTA dollars have been
contracted and administered by the Behavioral Health Organization(BHO) or the Administrative
Services Organization(ASO). The Health Care Authority(HCA) has the ability to contract
directly with any counties that wish to administer their CJTA allocations beginning July 2019.
For Jefferson County, the annual allocation is currently$45,000.
ANALYSIS:
With the dissolution of the BHOs effective 1/1/2020 to be replaced by a Administrative Services
Organizations in each region,the Health Care Authority is opening up the opportunity for each
County to take control of the CJTA allocations. Along with that comes the responsibility to
either continue use of the funds under the current implementation plan or provide an updated
plan by October 1, 2019. Attached is a list of authorized uses of the funds. The County also
would bear the responsibility to meet the data and fiscal reporting requirements. There are
potential pros and cons for taking back the responsibility for these funds.
PRO: The County retains sole control over the use of the funds including the ability to set
spending priorities (with input from an advisory panel). Allocation decisions would be made
exclusively by the Board of County Commissioners. During this time of significant change in
the delivery of behavioral health services due to implementation of Fully Integrated Managed
Care,the role of the Salish BHO will change. It will become an Administrative Services
Organization principally responsible for crisis services in our three county region. The Managed
Care Organizations will contract directly with providers for Medicaid Behavioral Health
Services in Jefferson County. Bringing CJTA funds under BOCC control would enable the
County to consider the services purchased by those funds in the context of all other behavioral
health services provided within the criminal justice system.
CON: Additional workload for County staff given the responsibility for managing the funds and
meeting all of the statutory requirements that are currently being met by the Salish BHO. The
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County would need to establish an advisory panel (or use an existing committee like the
Behavioral Health Advisory Committee, including mandated representatives)to advise the
BOCC on the allocation of the funds. Up to 10% of the funds can be used to cover
administrative management costs but the work(including financial management)would have to
be absorbed by existing staff because the funds are not sufficient to enable the County to hire.
The HCA sent a letter to Jefferson County in April, asking the County to designate if the County
intends to administer CJTA dollars itself, or maintain the current arrangements with the
BHO/ASO (see the attached letter). Despite a May 6 deadline in the letter,the HCA has written
an email giving Jefferson County until May 20, 2019 to decide which direction to go for the
2020 contract year(and perhaps beyond).
Staff is doing outreach to the Salish BHO to learn more about existing service contract(s) with
Safe Harbor or other service providers, and what accountability/reporting measures are in place
for services delivered and use of the funds. If the Board of Commissioners were interested in the
County assuming administering the CJTA funds, we would coordinate further between now and
May 20 with our criminal justice and treatment partners to develop a recommendation.
It is useful to note that regardless of what decision Jefferson County might make by May 20,
2019, the HCA believes they will be able to offer counties the same option again in the future to
administer funds on a bi-annual basis to coincide with the appropriations with the State
Biennium Budget. The HCA bases its belief on the 2019-21 budget proviso language and the
HCA requirement to report to the Legislature by September 30, 2019. However whether we will
be given the opportunity to decide this again in two years is not guaranteed.
As background,please see the following attachments:
• April 2019 Letter from Washington's Health Care Authority
• Substance Use Disorder Optional Services and Activities Allowable under CJTA
• RCW 71.24.580: Criminal Justice Treatment Account
FISCAL IMPACT:
To be Determined. The Cost would be in the administration of the funds.
RECOMMENDATION:
Update only.
DEPARTMENT CONTACT:
Vicki Kirkpatrick, Director Ext. 408 vkirkpatrick(aco jefferson.wa.us
RE _ EWED .Y:
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1889,QY
STATE OF WASHINGTON
HEALTH CARE AUTHORITY
626 8th Avenue, SE• P.O. Box 42730 •Olympia,Washington 98504-2730
April 17, 2019
Vicki Kirkpatrick
Public Health Director
615 Sheridan St
Port Townsend, WA 98368
To Whom It May Concern:
In 2018,the Washington State Legislature provided Counties the option to administer their
portion of Criminal Justice Treatment Account(CJTA)funding. The CJTA funds are provided
for substance use disorder treatment and recovery support modalities for individuals in the
criminal justice system. Since 2016, CJTA dollars have been contracted and administered by the
Behavioral Health Organization (BHO)or Administrative Service Organization(ASO).
The Health Care Authority has the ability to contract directly with any counties that wish to
administer their CJTA allocations beginning July 2019. Guidelines under 71.24.580 RCW
require that CJTA administrators submit an implementation plan for use of these funds. Each
county may choose to use the funds according to the current plan or provide an updated plan by
October 1, 2019. The contract will include requirements for data and fiscal reporting.
Furthermore, up to 10 percent of the funds may be used for administrative costs.
Please submit your response by Monday, May 6, 2019,to Tony Walton, Criminal Justice
Behavioral Health Administrator, via email at tony.waltonna,hca.wa.gov, indicating if your
county intends to administer CJTA dollars or defer to the current arrangements with the
BHO/ASO. Should you have any questions, please contact Tony Walton at the email above or
by telephone at 360-725-9992.
Sincerely,
Michael Langer
Acting Assistant Director
Division of Behavioral Health and Recovery
cc: Tony Walton, Criminal Justice Behavioral Health Administrator, DBHR, HCA
Behavioral Health Organization Administrators
Behavioral Health Administrative Service Organizations Administrators
Substance Use Disorder Optional Services and Activities Allowable under CJTA
R&E
Code/Definition Service
566.39 Brief Intervention(Any Level,Assessment not Required)
566.42 Acute Withdrawal Management(ASAM Level 3.2WM)
566.45 Sub-Acute Withdrawal Management(ASAM Level 3.2WM)
566.51 Outpatient Treatment(ASAM Level 1)
Intensive Outpatient Treatment(ASAM Level 2.1)
566.59 Opiate Substitution Treatment(ASAM Level 1)
566.64 Case Management(Level 1,2)
566.81 Intensive Inpatient Residential Treatment(ASAM Level 3.5)
566.82 Long-term Care Residential Treatment(ASAM Level 3.3)
566.83 Recovery House Residential Treatment(ASAM Level 3.1)
Assessment(to include Assessments done while in jail)
566.36 Interim Services
566.37 Community Outreach
566.44 Involuntary Commitment Investigations and Treatment
566.93 Room and Board(Residential Treatment Only)
564.36 Transportation
566.67 Childcare Services
Urinalysis
Treatment in the Jail(limited to 8 sessions)
Employment services and job training
Relapse Prevention
Family/Marriage education
Peer-to-peer services,mentoring and coaching
Self-help and support groups
Housing Support Services(rent and/or deposits)
Substance Use Disorder Optional Services and Activities Allowable under CJTA
04/25/2018 ak
Substance Use Disorder Optional Services and Activities Allowable under CJTA
Life Skills
Spiritual and faith-based support
Education
Parent education and child development
The services highlighted in yellow will become allowable on June 7,2018.
Services highlighted in yellow are only permitted for Drug Court Clients.
Substance Use Disorder Optional Services and Activities Allowable under CJTA
04/25/2018 ak
https://apps.leg wa.gov/rcw/default.aspx?cite=7 l.24.580
RCW 71.24.580 Criminal justice treatment account.
(1) The criminal justice treatment account is created in the state treasury. Moneys in the account
may be expended solely for: (a) Substance use disorder treatment and treatment support services for
offenders with a substance use disorder that, if not treated, would result in addiction, against whom
charges are filed by a prosecuting attorney in Washington state; (b)the provision of substance use
disorder treatment services and treatment support services for nonviolent offenders within a drug court
program; and(c)the administrative and overhead costs associated with the operation of a drug court.
Amounts provided in this subsection must be used for treatment and recovery support services for
criminally involved offenders and authorization of these services shall not be subject to determinations
of medical necessity. During the 2017-2019 fiscal biennium, the legislature may direct the state treasurer
to make transfers of moneys in the criminal justice treatment account to the state general fund. It is the
intent of the legislature to continue in the 2019-2021 biennium the policy of transferring to the state
general fund such amounts as reflect the excess fund balance of the account. Moneys in the account may
be spent only after appropriation.
(2) For purposes of this section:
(a) "Treatment" means services that are critical to a participant's successful completion of his or
her substance use disorder treatment program, including but not limited to the recovery support and
other programmatic elements outlined in RCW 2.30.030 authorizing therapeutic courts; and
(b) "Treatment support" includes transportation to or from inpatient or outpatient treatment
services when no viable alternative exists, and child care services that are necessary to ensure a
participant's ability to attend outpatient treatment sessions.
(3)Revenues to the criminal justice treatment account consist of: (a) Funds transferred to the
account pursuant to this section; and(b) any other revenues appropriated to or deposited in the account.
(4)(a) For the fiscal year beginning July 1, 2005, and each subsequent fiscal year, the state
treasurer shall transfer eight million two hundred fifty thousand dollars from the general fund to the
criminal justice treatment account, divided into four equal quarterly payments. For the fiscal year
beginning July 1, 2006, and each subsequent fiscal year, the amount transferred shall be increased on an
annual basis by the implicit price deflator as published by the federal bureau of labor statistics.
(b) In each odd-numbered year, the legislature shall appropriate the amount transferred to the
criminal justice treatment account in(a)of this subsection to the department for the purposes of
subsection(5) of this section.
(5) Moneys appropriated to the authority from the criminal justice treatment account shall be
distributed as specified in this subsection. The authority may retain up to three percent of the amount
appropriated under subsection(4)(b) of this section for its administrative costs.
(a) Seventy percent of amounts appropriated to the authority from the account shall be
distributed to counties pursuant to the distribution formula adopted under this section. The authority, in
consultation with the department of corrections,the Washington state association of counties,the
Washington state association of drug court professionals,the superior court judges' association, the
Washington association of prosecuting attorneys, representatives of the criminal defense bar,
representatives of substance use disorder treatment providers, and any other person deemed by the
authority to be necessary, shall establish a fair and reasonable methodology for distribution to counties
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of moneys in the criminal justice treatment account. County or regional plans submitted for the
expenditure of formula funds must be approved by the panel established in(b)of this subsection.
(b) Thirty percent of the amounts appropriated to the authority from the account shall be
distributed as grants for purposes of treating offenders against whom charges are filed by a county
prosecuting attorney. The authority shall appoint a panel of representatives from the Washington
association of prosecuting attorneys, the Washington association of sheriffs and police chiefs, the
superior court judges' association,the Washington state association of counties,the Washington
defender's association or the Washington association of criminal defense lawyers, the department of
corrections,the Washington state association of drug court professionals, and substance use disorder
treatment providers. The panel shall review county or regional plans for funding under(a) of this
subsection and grants approved under this subsection. The panel shall attempt to ensure that treatment as
funded by the grants is available to offenders statewide.
(6) The county alcohol and drug coordinator, county prosecutor, county sheriff, county superior
court, a substance abuse treatment provider appointed by the county legislative authority, a member of
the criminal defense bar appointed by the county legislative authority, and, in counties with a drug court,
a representative of the drug court shall jointly submit a plan, approved by the county legislative
authority or authorities,to the panel established in subsection(5)(b)of this section, for disposition of all
the funds provided from the criminal justice treatment account within that county. The funds shall be
used solely to provide approved alcohol and substance abuse treatment pursuant to RCW 71.24.560 and
treatment support services. No more than ten percent of the total moneys received under subsections (4)
and(5)of this section by a county or group of counties participating in a regional agreement shall be
spent for treatment support services.
(7) Counties are encouraged to consider regional agreements and submit regional plans for the
efficient delivery of treatment under this section.
(8) Moneys allocated under this section shall be used to supplement, not supplant, other federal,
state, and local funds used for substance abuse treatment.
(9) Counties must meet the criteria established in RCW 2.30.030(3).
[2018 c 205 §2;2018 c 201 §4044;2017 3rd sp.s. c 1 §981;2016 sp.s.c 29 § 511.Prior:2015 3rd sp.s.c 4 § 968;2015 c
291 § 10;2013 2nd sp.s.c 4 §990;2011 2nd sp.s.c 9 § 910;2011 1st sp.s. c 40§34;prior:2009 c 479 §50;2009 c 445 § 1;
2008 c 329 §918;2003 c 379 § 11;2002 c 290 §4.Formerly RCW 70.96A.350.}
NOTES:
Reviser's note: This section was amended by 2018 c 201 §4044 and by 2018 c 205 §2,each without reference
to the other.Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of
construction,see RCW 1.12.025(1).
Finding—Intent-2018 c 205: "Drug courts remove a defendant's or respondent's case from the criminal and
civil court traditional trial track and allow those defendants or respondents the opportunity to obtain treatment services to
address particular issues that may have contributed to the conduct that led to their arrest or other issues before the court. Such
courts,by focusing on specific individuals'needs,provide treatment for the issues presented and ensure rapid and appropriate
accountability for program violations,which decreases recidivism,improves the safety of the community,and improves the
life of the program participant and the lives of the participant's family members by decreasing the severity and frequency of
the specific behavior addressed by the therapeutic court.Therefore,the legislature finds compelling the research conducted
by the Washington state institute for public policy and the research and data analysis division of the department of social and
health services showing that providing recovery support services to clients in drug courts creates a benefit to the state of
approximately seven dollars and sixty cents in reduced public expenditures and reduced costs of victimization for each dollar
spent.Therefore,it is the intent of the legislature to allow the use of a portion of the criminal justice treatment account to
provide such services to foster increased success in drug courts." [2018 c 205 § 1.]
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