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2015-10-Minutes for Meeting November 04,2014 Recorded 1/23/2015 DESCHUTES COUNTY OFFICIAL RECORDS 2015.10 NANCY BLANKENSHIP, COUNTY CLERK �+ COMMISSIONERS' JOURNAL 01/23/2015 10:40:36 AM LIIIIIIIIIIIIIIIIIII11III 1 —IS „Es, ----_.ter DESCHUTES COUNTY PUBLIC SAFETY COORDINATING COUNCIL TUESDAY, NOVEMBER 4, 2014 Allen Room, Deschutes Services Building, 1300 NW Wall, Bend, OR MINUTES OF MEETING 1. Call to Order & Introductions Vice Chair Tammy Baney opened the meeting at 3:35 p.m. Present were Commissioner Baney; Judge Alta Brady; David Doyle, County Counsel; Stephen Gunnels and Brandi Shroyer, D.A.'s Office; Donna McClung, Oregon Youth Authority; Ken Hales, Community Justice; Shelly Smith, KIDS Center; Denney Kelley, Black Butte Ranch Police Chief; Sheriff Larry Blanton; Brian McNaughton, Redmond Police Department; Jacques DeKalb, defense attorney; Tom Anderson, County Administrator; David Givans, Internal Auditor; Jane Smilie, Health Services; and Roger Olson, NAMI. Also present was Andrew J. Smith, J.D., representing AOC and from the media, Claire Withycombe and Richard Coe, The Bulletin. 2. August Minutes The minutes were moved, seconded and approved as written. Minutes of PSCC Meeting Tuesday, November 4, 2014 Page 1 of 10 3. Public Comment None was offered. 4. Mental Health Justice Reinvestment Proposal Andrew Smith said that he is involved in this proposal, but also works on matters involving veterans, and other State and AOC issues. He provided a handout, and gave an overview of the "Criminal Justice — Behavioral Health Partnership" legislative concept. He noted that counties are facing fiscal challenges in dealing with public safety, with pressure being put on the jails where there are people who are non-violent but suffering from severe mental illness. They need to be in the health system to get better, and not in jail. A legislative concept to address this has been drafted and since revised. The Public Safety Coordinating Councils are at the center of this. The biggest purpose is to create diversion. This is a front-end piece, prior to even specialty courts. The role of a CCO is a consideration. The State went from about 600,000 to over a million individuals on Medicaid, so some are getting health benefits they never got before. However, they cannot receive these payments while they are in jail. This change would complement what is going on with Medicaid expansion. The 2007 report identified many mental health needs. This laid a good foundation for SB 5529 in 2013. There is an opportunity for change with Medicaid, although some will still not be eligible. This would be evidence- based, locally guided and not too prescriptive. It would depend on a formula. PSCC is an existing mechanism to assist with this. CCO's would be brought to the table, recommendations would be crafted locally, and those would go to the Board of Commissioners and then back to the State. At the State, there needs to be a partnership, with the work aligned with the Criminal Justice Commission. It would be evidence-based with a data approach; a cross-system discussion regarding needs. Each County might propose something different. Minutes of PSCC Meeting Tuesday, November 4, 2014 Page 2 of 10 Regarding funding, Senator Peter Courtney is a strong advocate for mental health care and has announced a goal of major investment in this, of$300 million over three biennium. He is focused on mental health needs and this approach fits into the big plan drafted in 2007. There would be a joint investment in mental health and law enforcement. There is a lot of interest in this at the Governor's Office. Oregon will make a big commitment to addressing mental health needs. Part of this would be through the CCO's and the State, and some is driven by the potential of federal litigation. The Olmstead v. L.C. case decision at the Supreme Court is a factor (regarding discrimination against people with mental disabilities), and some states have already experienced liability, so there needs to be an alignment of interests. Other states have done this type of work, some in Utah and Texas, gives law enf a practical alternative to ER and jail. Saw return in investment already. Decide what holes need to be filled here, housing, acute beds, specialty courts, training. Strong allies with Sen Courtney and Gov Office. Commissioner Baney asked how they plan to determine real needs, and whether funding is available to help define these. She asked how they can target these needs, and whether it is consistent across the state. Mr. Smith replied that there is no specific resource for this. The first thing is not to reinvent what has already been done, and PSCC is a good place to start. Mr. Hales asked if the Justice Reinvestment Plan has the same goal, to reduce the rate of incarceration of those with mental health problems; or if it involves the service level. Mr. Smith responded that the genesis is at the front line, finding options other than jail. The outcomes are better in community mental health also. This is not always possible if they are in jail. Mr. DeKalb asked if PSCC is to determine the priority and the services needed. Mr. Smith replied that fundamentally, yes. It needs to be local, but evidence- based outcomes will be evaluated. The first year is to get it rolling, but there will be oversight needed. Minutes of PSCC Meeting Tuesday, November 4, 2014 Page 3 of 10 Mr. Anderson stated that in regard to measurements and accountability, the draft document talks about PSCC setting local priorities and goals. In terms of meeting the overall objectives from the State and the second biennium results, he asked how they can be sure they are within the scope of the objectives that have been envisioned. There needs to be conformity and consistency. Mr. Smith said that a lot needs to be done at the Rules level. It could change, and the ramp-up is unclear. He is not sure about incentives or dis-incentives. One issue is the requirements and outcomes. They went out for a competitive RFP, but this resulted in mixed reviews. Some smaller counties could not compete. Every county has issues, though. Advocating for this will required a statewide, shared approach, but some legislators want more accountability. Mr. Hales noted that whatever the measure is, is should be unique to the community. Mr. Smith stated that the origins of the plan were in Washington State. There has to be a counterpoint that is tested. Communities will have to meet the basic model, but some of this can be different. Mr. DeKalb asked if the U.S. Department of Justice is involved at some level. Mr. Smith responded that this came out of the Civil Rights Davison of the Department of Justice. There has been litigation in Portland and other places. It is clear that individual mental illness needs to be handled differently. Mr. DeKalb queried if there are any federal guidelines that PSCC needs to follow. Mr. Smith said that this is evolving between the federal and state agencies. They are working on measures and collecting data. Jails are institutions like hospitals are, and they want to make sure individuals are in the right place. They are collecting data on cases. There is a long list wanted by the federal government, and they are working on a baseline. The CCO world is connected now, and the federal agencies are watching. Mr. Hales stated that the Department of Justice is concerned about institutionalizing individuals, but there is a disproportionate number in jail even though most of the crimes committed are not that bad. Minutes of PSCC Meeting Tuesday, November 4, 2014 Page 4 of 10 Officer McNaughton said they also want them out of other institutions. The Department of Justice report has a big part of it shown in dollars. It takes $300,000 to keep someone in a state hospital for a year. It appears they want to turn them out to the counties. Commissioner Baney noted that the counties need to be able to handle this, then. Mr. Smith noted that there might need to be a secure facility of some kind. They don't get a Medicaid match while in a state hospital. Sheriff Blanton said that the Oregon State Sheriff's Association is not supportive as it is now written. There is a lot more to addressing mental health issues than comparing a few counties. Deschutes County makes a strong effort to handle mental health cases, and this is far different from what some other counties can or will do. The Bill got a lot of discussion, some good, some not. It appears there is no new money; he asked where it will come from. He does not want to see new state institutions built. It was odd to hear about this at the AOC spring conference. It is a complicated issue that involves the judicial process and mental health issues. Many things have to happen early on. There are no respite beds. They just remodeled the jail to allow seven more special needs beds. They work closely with NAMI, and no one is more dedicated than this PSCC group. Sometimes concepts mean well but are too far in front. Using a baseline across the State is dangerous. Curry and Josephine counties throw the curve off since they do not have a way to do much. People used to say that individuals are not in jail because they are mentally ill, but that is not true today. He had someone in jail for more than a year for trespass 2, because they could not get him through the judicial process. He noted that it is not that simple, and they need to have the right people at the table. He is surprised that AOC is taking the lead on unfunded concepts that are passed down to the counties to put into action. A lot more work needs to be done on this first. There are many issues with how people progress through the system, and it is not as easy as a legislative concept. Minutes of PSCC Meeting Tuesday, November 4, 2014 Page 5 of 10 Commissioner Baney asked if the Sheriff's Association has come up with any suggestions. Sheriff Blanton replied that it is far too soon for that. There used to be a way to get someone into a detox center, but now if they act out, they end up in jail. It is a revolving door. Some situations can be fixed with small steps, but because the State does not want to build any more mental health beds, the counties will end up with this problem. Commissioner Baney said that the value of AOC taking the lead is to infuse the discussion and make sure it does not harm counties. They need to make sure the concepts enhance the system. In 2007 they recognized there needed to be investment in the county system. This involves more than just a detox bed. There may be an opportunity to add another piece to create a better system of care. Sheriff Blanton disagreed. The 2007 idea had nothing to do with State beds. This is not new money, and the resources are gone. Mr. Smith stated that the State was not crazy about it, either, at the time. They want this to be a new investment. Some new money will come into the system through the CCO's and Medicaid. Sheriff Blanton suggested that they bring in a District Attorney, a Circuit Court Judge and others to explain the situation. It isn't that easy. Judge Brady said that this is not meant to supplant existing money. The Family Drug Court is fully supported by the CJC. She asked, if this is part of the oversight, would jeopardize existing programs. She asked if the concept would override others. The program works, but she is concerned about the loss of these programs. Mr. Smith replied that if it is a zero-sum budget proposal, it won't work. He does not think this is the intent. They do not want to cannibalize other programs. What is different is that the federal government is watching as a mental health advocate. There is exposure that concerns them. Health care change is happening. It is starting to flow, but this has not taken pressure off everything. This is real money, but the CCO's need to be held accountable. Minutes of PSCC Meeting Tuesday, November 4, 2014 Page 6 of 10 Ms. Smilie explained that a consultant has been hired to review community mental health programs, including St. Charles and the local counties, and this person will assess the mental health continuum of care. Interviews are taking place, data is being gathered, and they are conducting community meetings. Some issues will surface without this legislation. Commissioner Baney added that they have taken a medically-driven model and expanded it to all community care. Commercial insurance companies do not know much about crisis intervention or specialty courts. Sheriff Blanton said that they should follow someone through the system to see how it goes. It is complicated. Judge Brady noted that Deschutes County handles this better than most. They get a lot of positive things done using internal budgets. The overriding concepts at the State level may mean that Deschutes County gets bitten because it is ahead of the others already, and then the funds will go elsewhere. Officer McNaughton stated that the biggest issue facing law enforcement is, although the crime rate has dropped, allegedly mentally ill calls have skyrocketed. Bend Police Department calls went up tremendously, as did Redmond's. These are people who can't function well in society. They are doing a better job of tracking the calls, but it has become a big issue. They need to make sure everyone is involved. Sheriff Blanton said that Deschutes County is nearing 100% CIT certification and others are still working towards this. The OSSA and Oregon Chiefs convinced the police academy to put two CIT full-time staff there. Everyone means well, but it is not that easy. The State's version of a secure facility really isn't secure. Judge Brady stated that if there is new money and the existing programs are not supplanted, it could be a good concept. Mr. Hales noted that at the local government level, there is concern about the State's decision that shuffles money. He likes the idea of an emphasis on local decision-making, since it will be different for each entity. If there is local control, some things can avoid being defunded. The portion of the allocation is an issue, since there needs to be a level playing field based on size. Minutes of PSCC Meeting Tuesday, November 4, 2014 Page 7 of 10 Commissioner Baney said that SB 3194 was not fair because Deschutes County was already doing well, so was penalized. The County had made investments to make sure things were covered. There are the same issues with 1145. She is also hearing that there are needs, and the CCO's are the gravy train at this time. This is the model to fund care of all kinds. Mr. Hales stated that if they are to serve this population, they can't leave it up to the CCO's. There has to be local involvement. Commissioner Baney suggested someone from PacificSource come in to lay out how this is working. She asked if the document is in stone. Mr. Smith replied that it continues to evolve. It is better to have discussions now rather than later. There could be big changes; this is not known. AOC raised the conversation and this would have been different if brought up by legislators. Commissioner Baney said they need to track what happens in Salem; a list of issues, from non-starters to opposing or changing. If there is no new money, that is a no-starter. The investment needs to be made, though. Perhaps they can review this document again in another month. Mr. Smith stated that they want it to be community health money. It has to be more than mental health. These need to be equal partners. Mr. Hales said he respects this aspect. The County could choose to give it to mental health if the decision is local. Mr. Smith stated that he will provide the original documents and any data. Sheriff Blanton said that there was a meeting about two years ago, with the Attorney General and the U.S. Attorney, which was titled a `call to action'. The Sheriffs were there. Discussion took place regarding funneling millions to help with mental health issues. It never happened. Mr. Smith noted that some things did happen, such as the general fund investment and CCO dollars. Most of this should come through the CCO's. Commissioner Baney said there is a general lack of understanding of the system. Minutes of PSCC Meeting Tuesday, November 4, 2014 Page 8 of 10 Mr. Smith stated that they are trying to address the Medicaid jail issue. He has been working with the jail commander at the Marion County jail. The State is finally looking at Medicaid benefits for some inmates, and the savings can be documented. He said that stable care makes a difference. They need care after they are released from jail, so the CCO has to be involved. Over time, they may not show up in jail again. This is an opportunity to get some people enrolled. 5. Odyssey Case Management System Judge Brady said the "E" court system implementation is progressing. They are working on handling documents and getting attorneys to cooperate, for future e-filing for any case except the original documents. She hopes to see this completed by June. 6. Other Business Sheriff Blanton announced the new jail opening on Monday. No other county has been able to do this for more than a decade. They are starting to move inmates around. There have been a few technical glitches, but for the most part it is going well. The medical units will be open in a week. This has a big impact on staffing and how they deploy personnel. Shelly Smith shared that KIDS Center and the District Attorney's Office are through the first year of a pilot program that provides an immediate response to children who witness domestic violence in their homes when a felony arrest is made. There will be a presentation about this program (DV Child Safety Program) at the next LPSCC meeting. Mr. Gunnels noted that the transition to the new District Attorney is going smoothly. Ms. McClung said the Oregon Youth Authority is starting employees on rotation for training purposes, hoping to find out what works best for the local counties. Minutes of PSCC Meeting Tuesday,November 4, 2014 Page 9 of 10 Being no other discussion, Vice Chair Baney adjourned the meeting at 4:50 p.m. Respectfully submitted, Bonnie Baker Recording Secretary Attachments ▪ Agenda • Sign-in Sheets • Criminal Justice — Behavioral Health Partnership Legislative Concept Document • AOC Draft Mental Health Reinvestment Program Minutes of PSCC Meeting Tuesday, November 4, 2014 Page 10 of 10 DESCHUTES COUNTY PUBLIC SAFETY COORDINATING COUNCIL �vYes CO c, Tuesday, November 4, 2014 - 3:30 PM Allen Room, Deschutes Services Building 1300 NW Wall, Bend, OR AGENDA I Call to Order & Introductions Chair Sullivan. II August Minutes Attachment 1 Chair Sullivan Action: Approve August minutes III Public Comment Chair Sullivan IV Mental Health Justice Reinvestment Proposal Attachment 2 Andrew J. Smith, J.D.; AOC Brief Council on the "Criminal Justice --- Behavioral Health Partnership" legislative concept V Odyssey Case Management System Jeff Hall Brief Council on "E" Court system implementation VI Other Business Judge Sullivan N I `y 4 C q '... .. . 4 ^0J i ID U -*- -D 4 ,. \, , v v r v t.)'1 %) ''''..v4 ,?r) '..__ , s z c U I C z o 0 m Let L W = W v Cc—I. I c. I I I a I ' I N III CU Cy e \ffin ... ,i , , ___, _ ... Q : ' ' z ~ S U ' ? v a ) 0. ,I. I 'Q .4.-, s s S d J . I (-: a. -c;,- 0 ,--- 1 Vi I N 4. v Nr- 1 1 1 E c N p `- I z aG ca Ca_ j -— o 0 � i ,--.. S ' a ri `, aa ,,-.„^ ___-_,/ \j � ;,) w c_______:)._ Z C.. ,g cNot r_, 2 0 c 0 m V Q N W v CL 1 tio C cl) co V 2 Z lJ a- ,.�1 z.''L---- i 0. c .,c n 9(7-) i —t) i- ) 4,c.t. ' 1 0 _,,... ...._.) ,, ...., ,,... _... , ____-_ ,,,-,), , 1 t,i) c_2 ..,. , 1 .._, ___,s--- -5,,,-.D - 1 1 ti 2- 1 ___,.-- .„.._, e_G -':. (-7:v 3 t-1 44 Criminal Justice-Behavioral Health Partnership Legislative Concept Establishes community-based alternatives to incarceration for the purpose of diverting persons with serious mental illness from entering the criminal justice system, or linking people with serious mental illness to community-based services upon release to prevent further involvement in the criminal justice system. The target population is adults, but local partners retain the choice to include services for juveniles. The eligible programs may be new or an expansion of existing services, but must be implemented in coordination with Community Care Organizations (CCO) services and jail diversion initiatives. This proposal was developed from prior statewide planning efforts, including the 2007 Community Services Workgroup Report and the SB 5529 Jail Diversion Workgroup Report, resulting in a Budget Note presented by the Addictions and Mental Health Division (AMHD) to the 201.3 Legislature. Funding for this proposal shall not supplant existing funding and when possible will leverage other funding streams like Medicaid and align with established community programs. Eligible Programs Community-based alternatives to incarceration and re-entry services, at a minimum, must be evidenced based, directed toward diverting individuals with serious mental illness or releasing individuals with serious mental illness from the public safety system and into community-based treatment, to include, but not be limited to: • Center-based and/or Mobile crisis response • Psychiatric emergency services • Respite services • Forensic Assertive Community Treatment • Sobering stations • Specialty housing • Specialty Courts (Mental Health, Drug, Veterans) • Coordinated transition planning • Acute or sub-acute centers • Other programs that have proven results for diversion or re-entry • Crisis Intervention Training (CIT) Equity Grant Funding Allocations to Counties All counties would receive funding according to a statewide distribution formula, and at a minimum, a base funding level for the first biennium (2015-17) with the following planning requirements: 1. Demonstrate a coordinated effort to address the target population that is developed and adopted by the Local Public Safety Coordinating Council as defined by ORS 423.560, in cooperation with each CCO in the county. 2. Complete a written plan of how the county intends to use funding based on recognized, evidence-based community alternatives to incarceration directed toward persons with serious mental illness, to be approved and submitted by the County Governing Body (CGB) or delegated 1 Updated 10-29-14 by the CGB to the Community Mental Health Program to approve and submit in certain counties. 3. AMHD shall be the lead agency for review and approval of these plans, with the advice and consent of the Criminal Justice Commission (CJC). Funding Mechanism Written plans will be submitted from the counties to the AMHD. The counties will receive funding through the AMHD, with shared oversight by the CJC. Accountability Each county will track and report outcomes to the State, mutually agreed upon between the AMHD and the CJC, in alignment with the incarceration alternative and recidivism reports currently submitted to the AMHD, and congruent with directives by the US Department of Justice. The baseline data reported in the first biennium will inform the potential decision to award incentives or disincentives in the next round of funding parallel to other funding processes. Funding Amount and Source The funding for this concept would primarily be from a second phase of mental health investments from the State General Funds. The $50 million estimate of need is based on the amount and reach of the first round of new investments for programs serving people at risk for incarceration, and informed by the original recommendations from the Community Services Workgroup for funding increases through the 2013-15 biennium. The amount of Medicaid funding that could be used to contribute to the community based alternatives to incarceration would need to be determined by the Division of Medicaid Assistance Programs. Some community based services, especially capacity based programs, are not reimbursable by Medicaid (e.g., Mobile Crisis Outreach, Forensic Peer Support, Sobering Services, and Specialty Courts). Additionally, the estimated funding was derived from two community-based alternative models of interest in Texas and Utah --the Texas model funded annually at $25,500,000 for about half of the population of Oregon, and the Utah model funded annually at $10,880,000 with roughly one-quarter of Oregon's population. The focus of this concept is funding for programs and services in the community, but there may be regions in Oregon in which a sub-acute, respite, or other type of center is needed. If so, funding support may be necessary from both public and private sources. 2 Updated 10-29-14 AOCAssociation of Oregon Counties AOC CONCEPT 002 2015 Regular Session 08/18/14 (REB) DRAFT SUMMARY Establishes Mental Health Justice Reinvestment Program for the purpose of preventing persons with mental illness from entering the criminal justice system, or from further involvement in the criminal justice system, including but not limited to,reducing referrals to the state hospital due to lack of fitness to proceed in criminal cases. Directs Oregon Criminal Justice Commission, in consultation with advisory body,to administer program. Sunsets July 1,2025. Declares emergency,effective on passage. 1 A BILL FOR AN ACT 2 Relating to crime; creating new provisions; and declaring an emergency. 3 Be It Enacted by the People of the State of Oregon: 4 MENTAL HEALTH JUSTICE REINVESTMENT PROGRAM 5 SECTION 1. The Mental Health Justice Reinvestment Account is established, 6 separate and distinct from the General Fund. All moneys in the account are continuously 7 appropriated to the Oregon Criminal Justice Commission for the purpose of making grants 8 to counties in accordance with section 2 of this 2015 Act. 9 SECTION 2. (1) In consultation with the Justice Reinvestment Grant Review 10 Committee established under Section 53, Chapter 649, 2013 Oregon Laws, the Oregon 11 Criminal Justice Commission shall administer the Mental Health Justice Reinvestment 12 Program described in this section. From funds appropriated to the commission for 13 purposes of the program, the commission shall award grants to counties that establish 14 services and programs that are designed to prevent persons with mental illness from 15 entering the criminal justice system, or from further involvement in the criminal justice 16 system, including, but not limited to, reducing referrals to the state hospital under ORS 17 161.370. NOTE: Matter in boldfaced type in an amended section is new;matter/italic and bracketed/is existing law to be omitted. New sections are in boldfaced type. 1201 Court Street NE, Suite 300 I Salem, Oregon 97301-4110 I 503.585.8351 I www.aocweb.org AOC 002 08/18/14 1 (2) After consulting with the Justice Reinvestment Grant Review Committee, the 2 commission shall adopt rules to administer the Mental Health Justice Reinvestment 3 Program.The rules must include: 4 (a) A methodology for reviewing and approving grant applications and distributing 5 grant funds. Rules described in this paragraph must provide the Justice Reinvestment 6 Grant Review Committee with the ability to approve grant applications, subject to final 7 approval by the commission. 8 (b) A process for evaluating the efficacy of services and programs funded under this 9 section. 10 (3) Notwithstanding subsections (1) and (2) of this section, upon receipt of a letter of 11 intent to participate in the Mental Health Justice Reinvestment Program submitted by a 12 county, the commission shall distribute to the county a proportional share of funds 13 deposited in the Mental Health Justice Reinvestment Account. The proportion shall be 14 determined in accordance with the formula used to distribute baseline funding under ORS 15 423.483. 16 (4) Funds distributed under this section must be spent on the provision of services 17 and programs that are designed to prevent persons with mental illness from entering the 18 criminal justice system, or from further involvement in the criminal justice system, 19 including,but not limited to, reducing referrals to the state hospital under ORS 161.370. 20 SECTION 3. Section 2 of this 2015 Act is amended to read: 21 Sec. 2. (1) In consultation with the Justice Reinvestment Grant Review Committee 22 established under Section 53, Chapter 649, 2013 Oregon Laws, the Oregon Criminal Justice 23 Commission shall administer the Mental Health Justice Reinvestment Program described in this 24 section. From funds appropriated to the commission for purposes of the program, the 25 commission shall award grants to counties that establish services and programs that are designed 26 to prevent persons with mental illness from entering the criminal justice system, or from further 27 involvement in the criminal justice system, including, but not limited to, reducing referrals to the 28 state hospital under ORS 161.370. 29 (2) An application for a grant described in this section must be submitted by a 30 county, after consultation with the local public safety coordinating council convened under 31 ORS 423.560 and the local mental health authority operating under ORS 430.630. Association of �2� ���1� Oregon Counties AOC 002 08/18/14 1 (3)(a) During a grant application period established by the commission, the 2 proportion of grant funds available to each county shall be determined in accordance with 3 the formula used to distribute baseline funding under ORS 423.483. 4 (b) At the conclusion of the grant application period, the commission shall award 5 grants to counties in accordance with rules adopted by the commission. If unallocated 6 funds remain at the conclusion of the grant acceptance period, the commission may 7 establish a supplemental grant period and distribute the unallocated funds. 8 (4) The commission shall regularly evaluate the services and programs funded 9 under this section. The commission shall report the results of an evaluation conducted 10 under this section to a committee of the Legislative Assembly related to the judiciary. 11 [(2)7 (5) After consulting with the Justice Reinvestment Grant Review Committee, the 12 commission shall adopt rules to administer the Mental Health Justice Reinvestment Program. 13 The rules must include: 14 (a) A methodology for reviewing and approving grant applications and distributing grant 15 funds. Rules described in this paragraph must provide the Justice Reinvestment Grant Review 16 Committee with the ability to approve grant applications, subject to final approval by the 17 commission. 18 (b) A process for evaluating the efficacy of services and programs funded under this 19 section. 20 [(3) Notwithstanding subsections (1) and (2) of this section, upon receipt of a letter of 21 intent to participate in the Mental Health Justice Reinvestment Program submitted by a county, 22 the commission shall distribute to the county a proportional share of funds deposited in the 23 Mental Health Justice Reinvestment Account. The proportion shall be determined in accordance 24 with the formula used to distribute baseline funding under ORS 423.483.] 25 [(4) Funds distributed under this section must be spent on the provision of services and 26 programs that are designed to prevent persons with mental illness from entering the criminal 27 justice system, or from further involvement in the criminal justice system, including, but not 28 limited to, reducing referrals to the state hospital under ORS 161.370.] 29 (6) As used in this section, "county" includes a regional collection of counties. 30 SECTION 4. The amendments to section 2 of this 2015 Act by section 3 of this 2015 31 Act become operative on July 1,2017. 3] AOC OC Association of `.r Oregon Counties AOC 002 08/18/14 1 SECTION 5. Section 53, Chapter 649, 2013 Oregon Laws, as amended by section 54, 2 Chapter 649, 2013 Oregon Laws, is further amended to read: 3 Sec. 53. (1)(a) In consultation with the Justice Reinvestment Grant Review Committee 4 established under subsection (2) of this section, the Oregon Criminal Justice Commission shall 5 administer the Justice Reinvestment Program described in this section. From funds appropriated 6 to the commission for purposes of the program, the commission shall award grants to counties 7 that establish a process to assess offenders and provide a continuum of community-based 8 sanctions, services and programs that are designed to reduce recidivism and decrease the 9 county's utilization of imprisonment in a Department of Corrections institution while protecting 10 public safety and holding offenders accountable. 11 (b) Notwithstanding paragraph (a) of this subsection, no less than 10 percent of grant 12 funds awarded under this section must be distributed to community-based nonprofit 13 organizations that provide services to victims of crime. 14 (2) The Justice Reinvestment Grant Review Committee is established, consisting of the 15 following members: 16 (a)The Governor shall appoint the following[five] seven members: 17 (A)[On] One member shall be a district attorney. 18 (B) One member shall be a county sheriff. 19 (C) One member shall be a chief of police. 20 (D) One member shall be a county commissioner. 21 (E) One member shall be a community corrections director who is not a sheriff. 22 (F) One member shall be a local mental health authority designee. 23 (G) One member shall be a treatment professional experienced with people who 24 have co-occurring mental illness and substance use disorder. 25 (b) The President of the Senate shall appoint two nonvoting members from among 26 members of the Senate. 27 (c) The Speaker of the House of Representatives shall appoint two nonvoting members 28 from among members of the House of Representatives. 29 (3)(a) A majority of the voting members of the committee constitutes a quorum for the 30 transaction of business. 31 (b) The committee shall elect one of its members to serve as chairperson. AOC Association of �4� Oregon Counties AOC 002 08/18/14 1 (c) If there is a vacancy for any cause, the appointing authority shall make an 2 appointment to become effective immediately. 3 (d) The committee shall meet at times and places specified by the call of the chairperson 4 or a majority of the voting members of the committee. 5 (e) Legislative members of the committee shall be entitled to payment of compensation 6 and expenses under ORS 171.072,payable from funds appropriated to the Legislative Assembly. 7 (4) An application for a grant described in this section must be submitted by a local 8 public safety coordinating council convened under ORS 423.560. 9 (5)(a) During a grant application period established by the commission, the proportion of 10 grant funds available to each county shall be determined in accordance with the formula used to 11 distribute baseline funding under ORS 423.483. 12 (b) At the conclusion of the grant application period, the commission shall award grants 13 to counties in accordance with rules adopted by the commission. If unallocated funds remain at 14 the conclusion of the grant acceptance period, the commission may establish a supplemental 15 grant period and distribute the unallocated funds. 16 (6) The commission shall regularly evaluate the community-based sanctions, services and 17 programs funded under this section. The commission shall report the results of an evaluation 18 conducted under this section to a committee of the Legislative Assembly related to the judiciary. 19 (7)(a) Before applying for grant funds to administer a community-based program 20 described in subsection (9)(a)(D) of this section, the county must obtain the consent of the 21 presiding judge of the judicial district in which the county is located. 22 (b) A grant application to administer a community-based program described in subsection 23 (9)(a)(D) of this section must include the costs of appointed counsel. 24 (8) After consulting with the Justice Reinvestment Grant Review Committee, the 25 commission shall adopt rules to administer the Justice Reinvestment Program. The rules must 26 include: 27 (a) A methodology for reviewing and approving grant applications and distributing grant 28 funds. Rules described in this paragraph must provide the Justice Reinvestment Grant Review 29 Committee with the ability to approve grant applications, subject to final approval by the 30 commission. [51 AOC Association of Oregon Counties AOC 002 08/18/14 1 (b) A process for evaluating the efficacy of community-based sanctions, services and 2 programs funded under this section. 3 (9) As used in this section: 4 (a) "Community-based programs" includes: 5 (A)Work release programs; 6 (B) Structured, transitional leave programs; 7 (C) Evidence-based programs designed to reduce recidivism that include the balanced 8 administration of sanctions, supervision and treatment; 9 (D)Administering a reentry court under section 29 of this 2013 Act; and 10 (E) Specialty courts aimed at medium-risk and high-risk offenders. 11 (b) "County" includes a regional collection of counties. 12 SECTION 6. The amendments to section 53, Chapter 649, 2013 Oregon Laws, by 13 section 3 of this 2015 Act become operative on July 1,2016. 14 SECTION 7. (1) Not less than once per biennium, the Oregon Criminal Justice 15 Commission shall identify: 16 (a) The avoided costs to state government resulting from the passage of this 2015 17 Act; and 18 (b) Any increased or decreased costs to local governments resulting from the 19 passage of this 2015 Act. 20 (2) No later than January 1 of each odd-numbered year, the commission shall 21 submit a report to the Justice Reinvestment Grant Review Committee established under 22 Section 53, Chapter 649, 2013 Oregon Laws,and to the Legislative Assembly in the manner 23 provided by ORS 192.245, that includes the determinations described in subsection (1) of 24 this section and describes the methodology employed by the commission in reaching those 25 determinations. 26 (3) As used in this section, "avoided costs" includes the costs of operating the state 27 hospital,and the costs associated with additional state hospital capacity. 28 SECTION 8. Sections 2,3,5,and 7 of this 2015. Act are repealed on July 1,2025. 29 [6] AOC Oregon Counties AOC 002 08/18/14 1 UNIT CAPTIONS 2 SECTION 9. The unit captions in this 2015 Act are provided only for the 3 convenience of the reader and do not become a part of the statutory law of this state or 4 express any legislative intent in the enactment of this 2015 Act. 5 EMERGENCY CLAUSE 6 SECTION 10. This 2015 Act being necessary for the immediate preservation of the 7 public peace, health and safety, an emergency is declared to exist, and this 2015 Act takes 8 effect on its passage. 9 [7] AOC Association of L Oregon Counties