1997 Session

Budget Amendments - SB700 (Conference Report)

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Regional Jails -- federal prisoners (language only)

Item 78 #1c

Item 78 #1c

Compensation Board

Page 57, strike lines 7 through 14, and insert:
"L.1.  Effective July 1, 1997, the Compensation Board shall recover and deposit into the general fund 50 percent of the federal share of state-funded personnel costs based on the percentage of federal prisoners to total prisoners held in a local or regional jail.  The Compensation Board shall compute the federal share using prisoner population information and state-funded personnel costs.  State-funded personnel costs shall be based on the May 1 budgeted amounts and any amendments thereto for salaries and fringe benefit costs of corrections officers, medical treatment, classification, cooks, and administrative positions approved by the Compensation Board for the facility.  The Compensation Board shall deduct the federal share from the facility's next quarterly per diem payment for state and local inmates.  Upon certification by the Sheriff or Superintendent that the federal government has paid for the construction of bed space in the facility, or provided a grant for a portion of the capital cost, the Compensation Board shall reduce the federal and total prisoner population by the federal prisoners corresponding to the facility capacity, as defined by the Department of Corrections, funded by the federal government.  The provisions of this paragraph shall not apply to any local or regional jail where the cumulative federal share of the capital cost exceeds the Commonwealth's cumulative capital contribution.
2.  The Compensation Board may recover state-funded personnel costs using a method different from that set forth in paragraph L.1., if the local sheriff or regional jail administrator submits a cost allocation report justifying such alternative method to the Auditor of Public Accounts, and such report is reviewed and approved by the Auditor of Public Accounts.
3. Any local or regional jail which receives funding from the Compensation Board shall give priority to the housing of local-responsible; state-responsible; and state contract inmates, in that order, as provided in paragraph L.4.
4.  The Compensation Board shall not provide any inmate per diem payments to any local or regional jail which holds federal inmates in excess of the number of beds contracted for with the Department of Corrections, unless the Director of the Department of Corrections certifies to the Chairman of the Compensation Board that: a) such contract beds are not required; b) the facility has operational capacity built under contract with the federal government; c)  the facility has received a grant from the federal government for a portion of the capital cost; or d) the facility has applied to the Department of Corrections for participation in the contract bed program with a sufficient number of beds to meet the Department of Corrections need or ability to fund contract beds at that facility in any given fiscal year."

(This amendment implements the 1995 JLARC recommendations on the recovery of state expenditures for the maintenance of federal prisoners in local or regional jails.)