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  Regular Agenda Item     4. B.    
Regular BOS Meeting
Meeting Date: 06/07/2022  
Submitted For: Jonathan Bearup Submitted By: Betty Hurst, Contracts Administrator
Department: Superior Court  
Fiscal Year: 2022-2023 Budgeted?: Yes
Contract Dates
Begin & End:
06-07-22 to 06-06-27 Grant?: No
Matching
Requirement?:
No
Fund?: Renewal

Information
Request/Subject
Intergovernmental Agreement between Pima County and Gila County for Restoration to Competency Services.
Background Information
In 2010, the Gila County Board of Supervisors designated Yavapai County Restoration to Competency (RTC) as Gila’s primary competency restoration program and entered into an Intergovernmental Agreement (IGA) with Yavapai County. The Board of Supervisors subsequently approved multiple extensions of the IGA and the agreement remains effective to this date.

In June 2021, Court Administration first received notification from RTC program officials in Yavapai County that their program was at capacity and new Restoration patients would be added to a waiting list.

Delays in admission to Restoration services could potentially cause further destabilization of the defendant inmate; add stress to detention resources who may not be well-suited to the management of such inmates, and ultimately delays the disposition of the case.
Evaluation
In staffing the situation internally and with Court Administrators in other jurisdictions, it was determined that these circumstances could continue for an indefinite period of time and that an alternative RTC program should be sought as a remedy.

Court Administration staff researched program availability and identified Pima County as an appropriate alternative. It should be noted that at least five other counties in the State were moving in a similar direction. No other in-patient RTC programs were successfully identified except for the program offered at the Arizona State Hospital.

Pima County’s RTC program is a qualified program with a flat case rate of $39,000 which is well below the projected costs of the same service at the Arizona State Hospital (approximately $55,000). The term of the agreement is from the date it is fully executed and shall continue for a period of five years unless terminated prior.

The Court would only utilize the Pima County RTC program in the event that Yavapai County is unable to accept new defendants.

While it is Gila County’s usual process to execute documents once the other party has signed, Pima County staff have expressed their desire that Gila County signs the IGA first, and they will, in turn, return two fully executed IGAs once it has gone to their Board of Supervisors.
Conclusion
Entering into an IGA with Pima County would provide the Gila County courts with an appropriate, cost-effective alternative for restoration services in the event that Yavapai County is at capacity.
Recommendation
Court and County staff recommend entering into an Intergovernmental Agreement with Pima County’s Restoration to Competency Services to provide an alternative outlet for restoration services.
Suggested Motion
Information/Discussion/Action to approve an Intergovernmental Agreement with Pima County, Gila County, and Gila County Superior Court for Restoration to Competency Services of a flat case rate of $39,000 from May 1, 2022, to April 30, 2027. (Jon Bearup)

Attachments
Pima Contract No. CTN-BH-22-006

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