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Sutter County approves $229,500 payment to state for competency cap, backs Sutter Connect diversion pilot
Summary
Supervisors approved a $229,500 payment to the Department of State Hospitals tied to exceeding a 15-placement cap for felony competency restoration; staff said the Department will return the fine if the county's diversion plan is approved, and the board supported submitting a proposal for a Sutter Connect pilot to reduce future placements.
Sutter County supervisors voted Aug. 26 to fund a $229,500 penalty imposed by the Department of State Hospitals (DSH) after the county exceeded a DSH cap of 15 felony inpatient competency placements in fiscal year 2023–24.
Jamie Yang, deputy county administrator, said the county exceeded the baseline by four placements in 2023–24 and that DSH has the legal authority to impose fines; Yang said the county will submit an equivalent amount as a proposal for startup costs for a new diversion program, called Sutter Connect, designed to serve up to five probation-connected individuals with complex health and behavioral needs.
"DSH will return the full penalty amount once a diversion plan is approved and annual reporting requirements are met," Yang said. The board heard from Sarah Eberhard Rios, director of Health & Human Services, who explained the cap was set by the Department of State Hospitals using a formula counties disputed but that local advocacy through county associations has not yet changed the policy.
Supervisors expressed frustration about the cap and the state’s approach. One supervisor said counties had little control over the metric and urged continued advocacy through CSAC (California State Association of Counties) and RCRC (Regional Council of Rural Counties). The board approved using one-time 2011 public safety realignment funds (Community Corrections Partnership funds) to pay the penalty and authorized a new general-fund cost center to track unfunded state program costs.
A motion to approve the payment and to include a draft letter to the state was moved and seconded; the roll-call vote recorded four ayes and one no (Supervisor Stevens opposed the funding portion but supported the idea of the letter). The board directed staff to submit the Sutter Connect startup proposal to DSH for funding consideration and to continue advocacy seeking reconsideration of the placement caps.
Staff said future fines remain possible and recommended establishing an accounting track for these unfunded state program costs.
