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Action   13.
Regular Board of Supervisors Meeting
County Attorney
Meeting Date:
05/07/2013
Title:
IGA between Pima County and Cochise County for Restoration to Competency Services
Submitted By:
Sue Blanchard, County Attorney
Department:
County Attorney
Presentation:
No A/V Presentation
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
2
NAME
of PRESENTER:
Mike Ortega
TITLE
of PRESENTER:
County Administrator
Mandated Function?:
Federal or State Mandate
Source of Mandate
or Basis for Support?:
Docket Number (If applicable):

Information

Agenda Item Text:

Approve the Intergovernmental Agreement between Pima County and Cochise County for Restoration to Competency Services for a three year term effective upon full execution.

Background:

A small percentage of defendants charged with serious crimes suffer from mental illnesses that render them incompetent to stand trial. Many, but not all of those defendants can be restored to competency through the use of medication and education about the court process. Prior to May 2010 those defendants were sent to the Arizona State Hospital for restoration at an average cost of approximately $80,000 each. On May 19, 2010 the Board entered into an agreement with Pima County to provide the necessary restoration services for Cochise County defendants for a flat fee of $20,000 each. Upon a review of the services rendered during the last two years, some procedural changes and a slight increase in funding for physician testimony was requested by Pima County. This IGA contains the requested language from Pima County that formalizes the new procedures and payment structure.

Fiscal Impact & Funding Sources: The IGA payment structure continues the current flat fee of $20,000 per defendant sent to Pima County for restoration plus payment of expenses of extraordinary medical treatment and adds a new fee of $300 per hour for physician testimony in court, when necessary. Payment would be made from the County General Fund.

Department's Next Steps (if approved):

Upon approval of the IGA, send the signed copies to Pima County for their Board’s consideration and approval.

Impact of NOT Approving/Alternatives:

Mentally ill criminal defendants would not be restored to competency to stand trial for their alleged crimes, or they would have to be sent to the much more expensive program at the Arizona State Hospital.

To BOS Staff: Document Disposition/Follow-Up:

Advise County Attorney's Office - Civil Division upon Board's approval, send the signed IGA copies to Pima County for their Board’s consideration and approval.

Fiscal Impact

Fiscal Year:
n/a
One-time Fixed Costs? ($$$):
0
Ongoing Costs? ($$$):
0
County Match Required? ($$$):
0
A-87 Overhead Amt? (Co. Cost Allocation $$$):
0
Source of Funding?:
n/a

Fiscal Impact & Funding Sources (if known):

See attachment.

Attachments