Santa Barbara County Grand Jury • 2022-2023 • Agency Response
Response to: Death on Electronic Monitored Home Release

Das Williams First District, Chair Board of Supervisors Laura Capps County Administration Building Second District

Published: December 05, 2023 2 pages
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Findings and Recommendations 1 findings

F2
That if the Sheriff’s Office had known of NM’s mental health history, it indicated it would have more closely monitored him to ensure meaningful participating in effective substance abuse and mental health clinical programs. The Board of Supervisors agrees.
Related Recommendations (2)
R2a
That the Santa Barbara County Sheriff’s Office and the Santa Barbara County Probation Department promptly request that Santa Barbara County Counsel prepare a legal opinion as to whether, consistent with Federal law, Wellpath or any successor may provide critical inmate mental health information to Sheriff’s Office personnel who need to know that information for inmate housing, programing, and Electronic Monitored Home Release program decisions. This recommendation has been implemented.
R2b
That if Santa Barbara County Counsel determines that Wellpath does have legal authority to provide inmate mental health information to Sheriff’s Office personnel and Santa Barbara County Probation Department, then the County and the Santa Barbara County Sheriff’s Office shall amend the existing agreement with Wellpath to require such sharing to the full extent of the law. All parties agree that sharing of protected health information in a correctional setting is allowed when the information is necessary for the health and safety of inmates, individuals or custody staff. Extra privacy protections exist for substance abuse records. The current contract terms allow for information sharing as allowable under the statutes and regulations. Therefore, this recommendation will not be implemented as it is not warranted.