August 22, 2014 Chair: The Honorable Sharon Keller Presiding Judge, Court of Criminal Appeals Vice Chair: The Honorable Olen Underwood Ex Officio Members: Honorable Sharon Keller Honorable Nathan Hecht Honorable John Whitmire Honorable Royce West Honorable Roberto Alonzo Honorable Abel Herrero Members Appointed by Governor: Honorable Olen Underwood Honorable Sherry Radack Honorable Jon Burrows Honorable B. Glen Whitley Honorable Linda Rodriguez Mr. Anthony Odiorne Mr. Don Hase Executive Director: James D. Bethke The Honorable Jon Burrows Bell County Judge Via E-mail: jon.burrows@co.bell.tx.us RE: FY2015 Statement of Grant Award Grant Number 212-25-D08 Dear Judge Burrows: I am pleased to inform you that the Texas Indigent Defense Commission has awarded Bell County a FY2015 Multi-Year Discretionary Grant in the amount of $17,000 in response to your application titled Mental Health Case Workers for Assigned Counsel System. Your Statement of Grant Award for fiscal year 2015 is attached. Please sign, scan, and return via e-mail the Statement of Grant Award to bryan.wilson@txcourts.gov on or before September 21, 2014. You do not need to mail a copy. Congratulations to Bell County on taking the lead in Texas by developing this new indigent defense program. If you have any questions or need clarification of the information contained in this letter or the attached Statement of Grant Award, please contact Bryan Wilson, the Commission Grants Administrator at (512) 936-6996. Sincerely, Sharon Keller Chair, Texas Indigent Defense Commission Presiding Judge, Court of Criminal Appeals Copy: Linda D. Ingraham, Program Director, Linda.Ingraham@co.bell.tx.us Ms. Donna C. Eakin, County Auditor, Donna.Eakin@co.bell.tx.us; Texas Indigent Defense Commission 209 West 14 th Street, Room 202 Austin, Texas 78701 www.txcourts.gov/tidc Phone: 512.936.6994 Fax: 512.463.5724
Method of Calculation Attachment A Required Conditions and Reports The budget appearing in the Statement of Grant Award was developed under the assumptions that the grant be based on a 12- month period. The schedule provides the county twelve months of funds at each of the original agreed upon funding levels. The County requested an alternative funding schedule which was granted by the Commission on June 20, 2012. The County is provided a declining schedule of 80 percent in the second year; then, 40 percent in the third year ($34,000); then, 20 percent in the third year and final year ($17,000) of the Commission support. The grants will remain on a fiscal calendar (October to September). Program Requirements In addition to the program requirements stated in the Request for Applications (RFA) these specific program requirements apply to this funded program (Note: If the County contracts the public defender office to a non-profit corporation or governmental entity, then the corporation or governmental entity will ensure the following are performed): The County will submit reports to obtain reimbursement of expended funds based on actual expenditures. The reimbursements will be proportional to the county s required match. This grant requires quarterly progress reports to provide information on the effectiveness of the program. The Commission grants administrator will construct an on-line progress report that best reflects the actual work performed in this program and is consistent with the FY2012 application listed below as edited and agreed to. The County will be able to request modifications to the on-line report when the performance measures are determined to not accurately reflect the work performed. The County must provide a plan of data collection by the first progress report that includes a list of data elements that capture the work performed under this program or impact on the county s compliance with the Fair Defense Act. This County must submit data collection agreements from county offices or departments to provide this data to the program director on a regular basis to measure the impact of this program. A final version of the Case Representation Policies and Procedures Manual must be provided to the Commission along with the 2nd quarterly progress report. A final version of the Policies and Procedures Manual shall be completed and delivered to the Commission along with the Final Progress Report for FY2014. Grantees that use grant funds to contract for services must develop and include in the contract provisions to monitor each contract that is for more than $10,000 per year. These provisions must include specific actions to be taken if the grantee discovers that the contractor s performance does not meet the operational or performance terms of the contract. In the case of contracts for public defender offices and managed assigned counsel programs, these provisions must include a review of utilization and activity, reporting of financial data to evaluate the contractor s performance within the budget required by statute for such programs. Equipment costs listed in the first year start-up budget will not be carried forward into subsequent years of funding. If the County selects a non-profit corporation the proposal and the contract must include the method for funding equipment to operate the Public Defender Office that does not require the start-up costs to be included in the contract beyond the first year. Contract Grantees that use grant funds to contract for services must develop and include in the contract provisions to monitor each contract that is for more than $10,000 per year. These provisions must include specific actions to be taken if the grantee discovers that the contractor s performance does not meet the operational or performance terms of the contract. In the case of contracts for public defender offices and managed assigned counsel programs, these provisions must include a review of utilization and activity, reporting of financial data to evaluate the contractor s performance within the budget required by statute for such programs. Provide copies of the contracts to the Commission staff at the first progress report. FY2015 Statement of Grant Award Bell County Page 3 of 8
The County will develop a written policy that includes a formal intake process for this program. The policy must include: 1) a procedure to refer clients from courts, public defender attorneys, and the private bar; 2) a method to screen and/or assess the defendants who are referred for representation under this program; and 3) a set priority population criteria to determine which clients are to be represented if referrals are greater than caseload capacity. The priority population criteria may include factors of mental health, mental retardation, institutionalization history, medical history, seriousness of the offense, impact on the community, or other factors related to the alleged crime or personal history of the defendant. The Chief Public Defender may allow exceptions but all exceptions to the policy from the intake process must be documented and maintained. The County will provide a written plan on how it will coordinate with, and not duplicate the work of, existing mental health systems. The plan must demonstrate how the County will identify and incorporate available mental health screening, assessment, treatment, and community services available to the defendants served by the grant program. The plan must also address how the positions funded under this grant will fit into the County s methods of operation for the identification of mentally ill arrestees and for providing assessment, treatment and bonding options to these arrestees under Article 16.22 and Article 17.032 of the Texas Code of Criminal Procedure. 2013 Bell County Discretionary Grant Application Narrative (Continued Multi-Year Grant) a. Application Form Counties Represented: Bell Fiscal Year: 2013 State Payee Identification Number: 746000348 Division To Administer Grant: Pre-trial Services Department Program Title: Mental Health Case Workers for Assigned Counsel System Requested Grant Amount: $181,440 Financial Officer: Donna C. Eakin Program Director: Linda D. Ingraham Mailing Address: P.O. Box 454; BELTON, TX 76513 b. Introduction (Executive Summary) Bell County has identified the need for a comprehensive effort to address Mental Health issues for Indigent Defendants. Bell County intends to leverage lessons learned from Travis County, Lubbock County, Fort Bend County, and Williamson County. The effort will include planning, design, and execution. The efforts in the program have been divided into 6 target areas so that we are able to focus our efforts properly and align the project to our goals. 1. Mental Health Specialty Docket(s) & Competency Docket 2. Mental Health Training 3. Mental Health Advocate 4. Social Work Partnerships with MHMR and University of Mary Hardin-Baylor also Veteran Affairs partnership for diversion and support programs 5. Mental Health Reporting & Analytics 6. Magistration Process & Mental Health Attorney Appointment Process c. Problem Statement Bell County has recognized an unbalanced approach for handling mentally ill defendants charged with a crime. This process results in a less than optimal timeframe for prosecuting offenses, high cost for the county, and a less than optimal result for the defendant and community at large. An independent assessment of the Mental Health system was started in February 7, 2011. This assessment reviewed all aspects and departments that have impact on a defendant who is mentally ill. The assessment will provide recommendations on process changes, system changes and other changes that will assist the mentally ill defendant through the judicial process. d. Objectives Bell County complies with the requirements of Fair Defense Act and has a strong commitment to serving the community. The Mental Health Improvement Campaign s objective is to improve the quality of representation for defendants, improve outcomes of cases, and better partner with the community to support both the defendant and the attorneys representing those defendants that are mentally ill. Bell County has invested several months in the review of existing processes, controls and constraints for defendants in the judicial system that are mentally ill. The planning, design, and execution of this project will result in: FY2015 Statement of Grant Award Bell County Page 4 of 8
*) A reduction in time between identification as potentially mentally ill/incompetent and court action addressing the mental health issue; *) A partnership of attorneys and social workers to better support attorneys representing defendants with mental illness; *) Reduction in jail costs attributed to a shorter wait time for court settings, community diversion programs; *) A Mental Health Advocate to coordinate defendant representation, court settings, competency notifications to the court, and community partnerships; *) A unified effort for analytical analysis and reporting for defendants who are mentally ill to better identify improvements to be made on a continued basis; *) Training for attorneys to facilitate mental health specialist who can serve the mentally ill population in the courts; *) A coordinated effort among community partnerships to facilitate probation conditions, programs for successful diversions, and reduced recidivism. Bell County is also considering an in-county restoration program for those defendants who are found incompetent to stand trial. This program would work with local partners, medical facilities, attorneys, and the courts to expeditiously restore competency for the defendant if possible. Although the restoration program is not a component of this application, it is an important effort for the overall effectiveness of the Mental Health Campaign. e. Methodology or Project Design (Activities) Review of Current Issues The following table identifies the campaign focus areas, constraints, and the proposed solution to resolve the constraint. Campaign Focus Areas Mental Health Specialty Docket(s) & Competency Docket Bell County Constraint Delay in Competency Docket Setting Proposed Solution Create a Competency Docket for an expedient setting for those defendants who have been identified by the Jail, Attorney, or Courts as being impaired. Mental Health Training Mental Health Advocate Mental Health Reporting & Analytics Social Work Partnerships with MHMR and University of Mary Hardin-Baylor also Veteran Affairs partnership for diversion and support programs Magistration Process & Mental Health Attorney Appointment Process Attorneys and Law Enforcement not specifically supported and trained on available resources. Less than optimal process for defendants who are identified as mentally ill. This includes, but is not limited to: attorney representation, judicial motions and needs, and viable alternatives for defendants. No current capability or consistent mechanism for reporting and generating analytical information. No consistent process or program to unify community resources and channel eligible defendants into resources. This is both predisposition and postdisposition. The process of identification of mentally ill defendants has strengthened with recent changes in the jail, courts, etc. The process of managing follow up activities should be The training program will consist of Mental Health awareness training, diversion program options, and training on available resources to assist in defendant representation. (Both currently available resources and resources created through this grant effort.) Mental Health Advocate to coordinate across multiple areas in the process. This would include law enforcement, courts, attorneys, probation, medical services and community partnerships. This advocate will be the primary owner of analytical data for Mental Health defendants and would be responsible for reporting success of the campaign, propose further enhancements/modifications, and report financial impact of programs. Review requirements for reporting and analytical data to ensure adequate systems, processes, and visibility are put in place. These items will facilitate reporting and analytical data for the programs. Create a common process for all community programs and work with community partners to better address the needs of those identified in each program. Provide necessary resources to facilitate the best possible outcomes for defendants. Strengthen the process for the identification of defendants with potential mental illness. Facilitate a consistent process and better management for optimal results. FY2015 Statement of Grant Award Bell County Page 5 of 8
Campaign Focus Areas Bell County Constraint strengthened. Proposed Solution Review of other Counties existing Programs Bell County has already invested several months of internal resources and consultant costs in the analysis of Mental Health in Bell County. As part of that assessment, Bell County representatives have discussed and/or viewed previously funded solutions at Travis County, Fort Bend County and Dallas County. Proposed Approach - Project Phases (See supporting files for graphic.) Year 1 Year 2 Year 3 Analyze Plan & Design Execution Execution (Continued) Monitor & Stabilize Monitor & Stabilize Evaluate Partnering Counties Bell County has a continuing commitment to partner with other counties. As part of this effort, Bell County intends to closely work with several counties that have had success in similar programs. Additionally, Bell County intends on sharing similar programs with neighboring counties in Central Texas. Current Process Flow This process flow below is an illustrative example of some of the constraints identified for the assessment and this grant application. The delay for evaluation, court settings, restoration, and judicial action is significant. This project will significantly reduce those waiting times while facilitating better outcomes for all those involved. Draft Project Plan (See supporting files for table.) Proposed Project Team ROLE Proposed Project Team ROLE Internal / Contract Commitment Steering Committee District Judge Representative Once a month and key milestones County Judge Representative Commissioner s Court Rep Mental Health Advocate Mgr Auditor Representative Indigent Defense Representative Sheriff s Office Representative Project Manager May be contracted 10%-20% commitment approximately through the life of the project Business Analyst To be contracted 100% allocated to the project in year 1. Decreasing percentage in subsequent years. Mental Health Advocate Internal Bell County Role Active participation 100% (To Be Hired) Auditor Representative Internal Bell County role Active participation during life of project Pretrial Services Director Internal Bell County role Active participation 100% Local Bar Representative (Court Local Bar Member Active participation during the entire Appointed List) project Technical Resources Internal Bell County role Allocated to the project for technical sizing, housing, infrastructure and security activities. Jail Liaison Internal Bell County role As Needed Veteran Affairs Local Partner As Needed Community Supervision and Local Partner As Needed Corrections Division MHMR Local Partner As Needed FY2015 Statement of Grant Award Bell County Page 6 of 8
University of Mary Hardin-Baylor Local Partner As Needed f. Evaluation The evaluation component of the campaign is critical to understanding the true success of each program. Bell County is committed to continual improvement of programs for its citizens and understands that through evaluation the programs are strengthened. The below items are some of the metrics that will be used to evaluate the programs funded by this grant. *) Pre-Disposition Jail Days* *) Mental Health Treatment Engagement* *) Case Disposition* *) Recidivism* *) Quality of Mental Health Specialist Attorneys *) Independent Assessment of Defendant Representation Improvements *) Report on Overall Effectiveness of the Programs * As recommended by the evaluation entitled, "Representing the Mentally Ill Offender", published by the Texas Task Force on Indigent Defense, April 2010. g. Future Funding Bell County is submitting this proposal for funding to develop and implement a campaign focused on better meeting the needs of defendants who are mentally ill. The amount of funding requested $361,914 includes many one-time-only start-up costs such as computer hardware & software equipment, personnel, and professional services cost. At this time, it is projected that at the end of the grant period Bell County will evaluate the effectiveness of programs implemented and funded by grant monies. Bell County will determine the feasibility of using General Fund dollars to pay for programs after the grant period during the annual budgeting process. h. Budget Narrative and Budget Form The additional Year 2 funds will be used to pay a contracted Licensed Masters Social Worker (LMSW) who started as an intern with the program to assist Mental Health Attorney Specialists. His success in the development and implementation of the program led to the expansion of his contracted position. The LMSW will be assisted by Social Work Interns as originally described in the grant application. Additional funds will be dedicated to the areas outlined below: Contract Line Item Budget Detail for Year 2 LMSW Full Time $55,000 Stipends for SW $30,000 Estimated Consulting Fees $101,800 Technology $20,000 MH Specialty Training Program $20,000 Total $226,800 As described in the previously funded application, Contract Services expenses are professional services that will be utilized for the planning and execution of the programs outlined in this grant application. LMSW Full Time This budget detail includes payment for contracted MH workers, including a contracted Licensed Masters Social Worker (LMSW) who started as an intern with the program to assist Mental Health Attorney Specialists. The LMSW will be paid up to $55,000 as a full-time contracted position, as his success in the development and implementation of the program led to the expansion of his contracted position. He will provide assistance in MH indigent defense cases at the direction of courtappointed counsel, participate in the onboarding training for new SW interns, and ensure that data is collected throughout the program. Stipends for SW The LMSW will be assisted by Social Work Interns as originally described in the grant application or other contracted MH professionals needed to assist specialized mental health attorneys with client issues as requested by the defense attorney. The $30,000 will be used to provide stipends to approximately 5-10 SW interns from local universities or other professionals over the course of the fall, spring, and summer semesters. The stipends will take into account whether the interns FY2015 Statement of Grant Award Bell County Page 7 of 8
are bachelor- or masters-level students ($1,000 for the former; $4,500 for the latter), as well as an additional stipend ($500) if they attend a university outside of the Belton area to account for increased travel expenditures. Estimated Consulting Fees The estimated consulting services line will facilitate the continued implementation, coordination, build of the web based tool, and management of the program initiatives. For example, funds may be used to conduct a build-out of FIDo that will provide additional data entry/tracking that is specialized for MH defendants. In addition, consulting fees will be used to support data-driven reports of activities and outcomes for TIDC and possibly academic audiences. The cost will also be used to support travel expenses for contracted entities where they are required. The actual fees incurred may vary based on negotiations of rates with the contracted entities. Technology The technology line item will allow for the procurement of any technology needed to support program or reporting activities. This includes pre-paid cell phones for SW interns and LMSW. It may also include any software needed to improve program data collection (currently done with Excel, which is complicated by multiple users) and a dashboard tool specialized for this program s needs (for example, improved data management for MH status hearings for judges and interns use). MH Specialty Training Program The MH Specialty Training Program expenses relate to costs incurred in the development and delivery of cross-discipline training involving the attorneys and various stakeholders across the indigent defense system. These trainings will be focused on improving the quality of the attorney representation of the indigent mentally ill or intellectually/developmentally Timeline for Reporting and Fund Distribution Reports will be submitted on-line over the Internet. Reporting Period Type Report Due Date Report Due Fund Distribution Date October 2014 through December Budget Status Report January 15, 2015 January 2015 2014 Progress report January 2015 through March 2015 Budget Status Report April 15, 2015 April 2015 Progress report April 2015 through June 2015 Budget Status Report July 15, 2015 July 2015 Progress report July 2015 through September 2015 FINAL Expense Report Final Progress Report and Conclusion. Delivery of Final Product and Demonstration November 16, 2015 November 2015 FY2015 Statement of Grant Award Bell County Page 8 of 8