RD158 - Virginia Department of Behavioral Health and Developmental Services Item 329.A.3. – Progress Report on the Plan for the Housing of Additional Individuals Committed for Treatment at the Virginia Center for Behavioral Rehabilitation - July 1, 2012


Executive Summary:
I. Executive Summary

Item 329.A.1-3 of the 2012 Appropriation Act requires the Commissioner of the Department of Behavioral Health and Developmental Services (DBHDS) to submit a quarterly report on the plan to house additional individuals committed for treatment to the Virginia Center for Behavior Rehabilitation (VCBR). The language is outlined below:

"A.1. The Department of Behavioral Health and Developmental Services (DBHDS) shall implement a plan to accommodate additional sexually violent predators committed to the Virginia Center for Behavioral Rehabilitation (VCBR). Such plan may include double-bunking dormitory-style, repurposing existing space, or the addition of new housing units at the current VCBR site. The department shall not reopen a temporary facility for the housing, confinement and treatment of civilly committed sexually violent predators at the Southside Virginia Training Center in Dinwiddie County. Further, the department shall not undertake a capital project to expand or construct additional units or facilities at a new site for the housing, confinement and treatment of these individuals until a comprehensive review of the current program for the civil commitment of sexually violent predators is completed. The Department of Corrections shall assist DBHDS in developing the plan to accommodate additional capacity and shall provide risk assessment data of the affected population. The department may make necessary capital renovations to the facility in Nottoway County to accommodate the increased capacity in order to ensure resident safety.

2. In the event that services are not available in Virginia to address the specific needs of an individual committed for treatment at the VCBR or conditionally released, or additional capacity cannot be met at the VCBR, the Commissioner is authorized to seek such services from another state.

3. Beginning on July 1, 2011, the department shall provide quarterly reports to the Governor and the Chairmen of the House Appropriations and Senate Finance Committees on the plan for the housing of additional individual committed for treatment."

The 2012 Appropriation Act also requires:

"C-76.15 Life Safety Code and Major Mechanical Repairs: In furtherance of the provisions of Item 329 pertaining to the Virginia Center for Behavioral Rehabilitation in Nottoway County, the Secretary of Finance is authorized to transfer an amount not to exceed $7,000,000 of the appropriation of Virginia Public Building Authority bond funds for project 17596 to a new separate subproject to be used to address capital costs related to the increased capacity, including equipment, furnishings, and renovations. With the cooperation and support of the Department of Behavioral Health and Developmental Services and the Secretary of Health and Human Resources, the Department of General Services is authorized to manage such funds transferred by the Secretary of Finance."

The last quarterly report was submitted on April 6, 2012 (Report Document 122). Since that time, notable progress with the project includes:

• All selected residential rooms are converted for double-occupancy.
• Initial design and cost estimation on converting the present kitchen from cook-chill to cafeteria service was completed. Review by the Bureau of Capital Outlay Management (BCOM) is underway. Details regarding the construction process, including contract award and project completion, are listed in the Revised Project Schedule on page 6.
• An interim foodservice model, utilizing cook-serve and serving cafeteria style, was implemented on May 7, 2012.

II. Census Factors

Beginning in 2006, DBHDS has submitted an annual forecast of census growth at VCBR to the General Assembly as the "Sexually Violent Predator Referrals, Commitments, and Bed Utilization Forecast" report, most recently submitted as Report Document No. 378 (2011). It was forecast in that document that the VCBR would reach maximum census of 300 residents by the end of 2011, but as of May 30, 2012, census stood at 291 residents. In fact, as a result of the reasons listed below, the census of persons currently in residence at VCBR has remained almost constant at 280 since July 2011. Since completion of Report Document 378, the average monthly admission rate to VCBR for the past seven months has been 5 per month. At this rate, census will reach 450 (the expanded capacity) in late 2014.

It is important to note that this number (admission rate) changes slightly based on a couple of specific factors. We know the number of cases working their way through the civil commitment process at any one time, and can generally predict how many of these will ultimately be committed to VCBR. In the last quarterly report, the rate of individuals committed to the program was expected to be 4.75 per month. This admission rate has been one of the factors responsible for reduced growth in census. Another key factor related to occupancy levels is the intermittent return of individuals from the program to either Department of Corrections or jail for felony offenses within the facility. Further, the number of discharges to conditional release has increased from 12 cases for all of 2010 to 28 for 2011, with 15 discharges occurring during the final six months. This increase in discharges is considered to be a result of the program’s maturation, which has created a growing pool of discharge-eligible residents.

III. Plan for Accommodating Increases in Sexually Violent Predator (SVP) Population

The Department’s goal for this project is to expand capacity at the current VCBR facility by 150 beds. This is being accomplished by:

• Retrofitting up to 150 existing single occupancy residential rooms at VCBR for double-occupancy;
• Expanding or repurposing existing space for clinical and other residential treatment and support services;
• Creating, interim food service capacity to serve until such time as new and expanded kitchen capacity comes on line at VCBR; and,
• Renovating the kitchen, warehouse, and various areas throughout the facility for additional food service capacity, program space, and staff offices.

As noted in previous quarterly reports, in compliance with Item C-76.15, project management for double-bunking at VCBR is done by DGS. A Memorandum of Understanding (MOU) was executed between DBHDS and DGS, outlining the scope of services.