HomeMy WebLinkAboutMINUTES - 03062007 - C.38 -�sE--L--°
TO: BOARD OF SUPERVISORS -- Contra
FROM: JOHN CULLEN, COUNTY ADMINISTRATOR : .=s Costa
DATE: MARCH 6, 2007 cou ` County
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SUBJECT: FEDERAL BENEFITS FOR INCARCERATED PERSONS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT Resolution No. 2007/103 urging the U.S. Congress to alter federal law so that
federal benefits are not terminated for those who are arrested and incarcerated, but not
yet convicted.
FISCAL IMPACT:
The anticipated cost of health care services for incarcerated persons in Contra Costa
County in 2006-07 is approximately $15 million, all of which is funded by County
General Funds. An estimated 80 percent of these costs are for persons who have not
yet been convicted.
BACKGROUND:
Federal regulations prohibit federal financial participation for services provided to
individuals who are inmates of public institutions, including services provided prior to
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
-ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BO D COMMITTEE
,''APPROVE OTHER
SIGNATURE(S):
" /
ACTION OF BOD N /�fL (® A,�Pr7 APPROVE AS RECOMMENDED�_O�R
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
x UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AND ENTERED ON THE MINUTES OF THE BOARD
AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN: /
ATTESTED
JOHN CULLEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact Person: Anastasia Dodson,5-1022
CC: S.Hoffman,CAO
Dorothy Sansoe,CAO
Health Services Department
B DEPUTY
SUBJECT: FEDERAL BENEFITS FOR INCARCERATED PERSONS
the issuance of formal charges or conviction. As a result, all costs of medical care are
borne solely by counties.
Providing assessment, services, and housing for mentally ill juvenile and adult
offenders who are incarcerated, as well as continuing treatment after release, have
become significant challenges for counties. Frequently these inmates are disabled
because of their mental illness or related conditions associated with substance abuse.
Although they may have medical benefits through Social Security and/or Medicaid when
they enter the jail, their benefits are terminated upon incarceration. Even though these
persons have not been convicted of a crime, they lose their medical benefits and
therefore lose funding for treatment, including medication, and must reapply upon
release. If these persons are incarcerated and they become stabilized through
treatment provided by the county while in jail, they lose access to treatment and
medication upon release until they reapply and are granted reinstatement of benefits,
which can take weeks or months. This situation contributes to the high recidivism rate
in California.
- C. :78' I -& -o7
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,
CALIFORNIA
Adopted this Resolution on March 6, 2007 by the following vote: sE L
AYES: O L' -a W. 'L Ke"'YLP- re r-
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NOES:
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ABSENT:
Un Sr9 COUr�`
ABSTAIN: /4 alr%-e—
SUBJECT: DECLARING SUPPORT FOR FEDERAL ) Resolution No.-_2 oo7103
FINANCIAL PARTICIPATION FOR )
SERVICES PROVIDED TO INMATES )
WHEREAS, U.S. Code of Federal Regulations, title 42, Part 435.1009 states that
federal financial participation (FFP) is not available in expenditures for services provided
to individuals who are inmates of public institutions, and
WHEREAS, States being unable to assume the federal share of providing
medical services to FFP eligible persons being held in county jails and detention
facilities, tend to terminate or sometimes suspend eligibility, and .
WHEREAS, this immediate cessation of benefits occurs prior to the issuance of
formal charges or conviction, and
WHEREAS, counties must provide medical services to all persons incarcerated
in local jails and detention facilities, and
WHEREAS, as a result of this regulation to immediately cease FFP for medical
benefits, all costs of medical care must be borne solely by counties;
NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of
Supervisors requests and strongly urges Congress to amend necessary federal statutes
to allow federal financial participation for medical benefits to incarcerated individuals
until convicted and sentenced to secure detention.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown
ATTESTED: March 6, 2007
John Cullen, erk of the Board of Supervisors
And Count dministrator
By . oel Deput
RESOLUTIO 07/103