What is the Crisis Diversion Facility?
The JPAE has many questions and concerns about the exact nature of the DESC's Crisis Diversion Facility (CDF).
- The crisis diversion center use (including "crisis diversion facility", "residential treatment facility") is not defined in the Land Use Code (SMC 23.84A) and is not on the list of permitted/prohibited uses in the Commercial zone.
- Under the Land Use Code, if a use is not listed in a zone, it is prohibited in the zone.
Is the CDF a hospital?
The DESC states the CDF is a hospital.
- The CDF will not be licensed by the State as a hospital
- The CDF will not obtain a Certificate of Need to provide beds, a state law certification requirement for all hospital beds
Per SMC 23.84A.018 Definitions -- "I", the Code defines "hospital" as follows:
"Hospital" means an institution that provides
, facilities and services over a continuous period of twenty-four (24) hours or more, for observation, diagnosis and care of individuals who are suffering from illness, injury, deformity or abnormality or from any condition requiring
, medical or surgical services, or alcohol or drug detoxification.
The DESC has explicitly confirmed that the CDF will NOT provide medical services that are key indicators of a hospital. The list of services not provided are as follows:
Is the CDF a jail?
Per SMC 23.84A.020 "J", the Code defines "jail" as follows"
"Jail" means a public facility for the incarceration of persons under warrant, awaiting trial on felony or misdemeanor charges, convicted but not yet sentenced, or serving a sentence upon conviction. This definition does not include facilities for programs providing alternatives to
such a pre-release, work release or probationary programs.
- Individuals who are delivered to the CDF by police with a pending charge may be held up to 48 hours on a Police Hold, as stated by the MIDD CDF Status Report:
- When an individual is arrested by the police and have met the criteria for admission to the CDF, the individual is required to sign an Agreement to Divert to Crisis Diversion Facility for Evaluation & Services. The document states that the individual may be diverted to the CDF for a period of up to 48 hours.
Is the CDF a work release facility?
Per SMC 23.84A.044 "W", the Code defines "work release" as follows:
"Work release center" means a use providing an alternative to imprisonment, including pre-release and work/training release programs that are under the supervision of a court, or a federal, state or local agency.
The characteristics described by the DESC are not similar to those of a hospital, medical service, or residential use. The defining characteristics of the CDF are more similar to jail and work release uses.