Authority: §§ 16.1-309.2 through 16.1-309.10, 16.1-322.1 and 16.1-322.2, Code of Virginia.

A. No funds shall be committed for the state share of the cost of construction or enlargement of local or regional detention centers, group homes or related facilities, unless such commitment of funds shall be consistent with the state plan required under § 16.1-309.4, Code of Virginia. Such plans shall give consideration to the need to provide a range of alternatives to detention in order to minimize the need for construction. No request for state assistance shall be approved unless the Board shall have first approved a companion local or regional plan for a range of alternatives to detention.

B.1. No state funds shall be committed or approved by the Board of Juvenile Justice for the state share of the cost of construction, maintenance or operation of local or regional detention centers, group homes, or related facilities or programs, until the Board has submitted the local or regional request together with its recommendation, to the Governor for his review and approval.

2. Each resolution adopted by the Board of Juvenile Justice approving reimbursement of the state share of the cost of construction, maintenance, or operation of local or regional detention centers, group homes, or related facilities or programs shall include a statement noting that such approval is subject to the availability of funds and approval by the General Assembly at its next regular session.

C. Out of this appropriation shall be provided the state share of the cost of construction or renovation of the following juvenile residential care facilities, to be distributed as shown:

D. The appropriation for Financial Assistance for Juvenile Confinement in Local Facilities includes $27,717,992 the first year and $27,717,992 the second year from the general fund for the implementation of the financial assistance provisions of the Juvenile Community Crime Control Act, §§ 16.1-309.2 through 16.1-309.10, Code of Virginia. The formula to be used in carrying out such provisions is as follows:

1. Effective January 1, 1997, the state cost for community diversion services (§16.1-309.7.A.1, Code of Virginia) shall equal 50 percent of the total calculated cost as determined on the basis of Eligible Intakes for Community Diversion Services, Community Services Diversion Services Placement Days, and the Total Cost for Community Diversion Services Placements.

a. Eligible Intakes for Community Diversion Services. The eligible intakes for community diversion services shall be determined by dividing eligible status complaints by the fiscal year 1994 statewide average number of complaints per intake (1.208).

1) "Eligible Status Complaints" means fiscal year 1994 status complaints multiplied by the statewide percent of Status Offenders Diverted at Intake (46 percent).

b. Community Diversion Services Placement Days. The community diversion services placement days shall be computed by multiplying the "eligible intakes for community diversion services" by the average statewide length of stay for predispositional nonresidential placements.

c. Total Cost for Community Diversion Services Placements. The total cost for community diversion services placements shall be computed by multiplying the "community diversion services placement days " by the average statewide cost per predispositional block grant program nonresidential day.

2. The state cost for pre-dispositional community-based services (§16.1-309.7.A.2, Code of Virginia) shall equal seventy-five percent of the total calculated cost as determined on the basis of Eligible Arrests for Predispositional Placements, Residential and Nonresidential Predispositional Placement Days, and Total Cost for Predispositional Placements.

a. Eligible Arrests for Predispositional Placements. The eligible arrests for predispositional placements shall be computed by multiplying the eligible arrests by the applied ratio of arrests to placements.

1) "Eligible Arrests" means thirty-three percent of the juvenile arrests for Part I property offenses as reported in the Department of State Police Uniform Crime Report plus thirty-three percent of the juvenile arrests for the possession and/or sale and/or distribution of schedule I and II drugs as reported in the Department of State Police Uniform Crime Report plus one hundred percent of the balance of juvenile arrests for Part II offenses as reported in the Department of State Police Uniform Crime Report.

2) "Applied Ratio of Arrests to Placements" means the total eligible arrests in the ten highest predispositional block grant user localities divided by the total number of predispositional block grant placements in those ten localities for fiscal year 1993.

b. Residential and Nonresidential Predispositional Placement Days. The predispositional residential placement days shall be computed by multiplying "arrests for predispositional residential placement" by the average statewide length of stay for predispositional residential placement. The predispositional nonresidential placement days shall be computed by multiplying the "arrests for predispositional nonresidential placement" by the average statewide length of stay for predispositional nonresidential placement.

1) "Arrests for Predispositional Residential Placement" means the eligible arrests for predispositional placements multiplied by the statewide percentage of residential predispositional block grant program placements.

2) "Arrests for Predispositional Nonresidential Placement" means the eligible arrests for predispositional placements multiplied by the statewide percentage of nonresidential predispositional block grant program placements.

c. Total Cost for Predispositional Placements. The total cost for predispositional placements shall be the sum of total residential and nonresidential cost.

1) "Total Predispositional Residential Cost" means the predispositional residential placement days multiplied by the average statewide cost per predispositional block grant program residential day.

2) "Total Predispositional Nonresidential Cost" means the predispositional nonresidential placement days multiplied by the average statewide cost per predispositional block grant program nonresidential day.

3. Effective January 1, 1997, the state cost for postdispositional community based services for adjudicated first offender services (§16.1-309.7.A.4, Code of Virginia) shall equal 50 percent of the total calculated cost as determined on the basis of Eligible Intake Complaints for First Offenders, Intakes for First Offender Services, Eligible First Offender Placements, First Offender Services Placement Days, and the Total Cost for First Offender Placements. However, no locality eligible for funding under this section shall receive more than $250,000.

a. Eligible Intake Complaints for First Offenders. Eligible intake complaints for first offenders shall be computed by dividing the sum of fiscal year 1994 delinquent and miscellaneous crime complaints by the fiscal year 1994 statewide average number of complaints per intake (1.208).

b. Intakes for First Offender Services. Intake complaints for first offender services shall be computed by multiplying non-resolved intakes by the percentage of intakes adjudicated first offenders in each Juvenile and Domestic Relations District Court.

1) "Non-Resolved Intakes" means eligible intake complaints for first offenders less the statewide percent of delinquent complaints resolved at intake (37 percent).

2) "Percentage of Intakes Adjudicated First Offenders in Each Juvenile and Domestic Relations District Court" means:

c. Eligible First Offender Placements. Eligible first offender placements shall be computed by subtracting First Offenders Receiving Court Supervision from Intakes for First Offender Services.

1) "First Offenders Receiving Court Supervision" means Intakes for First Offender Services multiplied by the statewide percentage of first time delinquent offenders placed on probation/supervision (44 percent).

d. First Offender Services Placement Days. Eligible first offender placement days shall be computed by multiplying "Eligible First Offender Placements" by the average length of stay for postdispositional nonresidential placements.

e. Total Cost for First Offender Placements. The total cost for first offender placements shall be computed by multiplying the "first offender services placement days" by the average statewide cost per postdispositional block grant program nonresidential day.

4. The state cost for postdispositional community-based services (§16.1-309.7.A.3, Code of Virginia) shall equal fifty percent of the total calculated cost as determined on the basis of Eligible Arrests for Postdispositional Placements, Residential and Nonresidential Postdispositional Placement Days, and Total Cost for Postdispositional Placements.

a. Eligible Arrests for Postdispositional Placements. The eligible arrests for postdispositional placements shall be computed by multiplying the total juvenile arrests as reported in the Department of State Police Uniform Crime Report by the applied ratio of arrests to placements.

1) "Applied Ratio of Arrests to Placements" means the total eligible arrests in the ten highest postdispositional block grant user localities divided by the total number of postdispositional block grant placements in those ten localities for fiscal year 1993.

b. Residential and Nonresidential Postdispositional Placement Days. The postdispositional residential placement days shall be computed by multiplying "arrests for residential postdispositional placement" by the average statewide length of stay for postdispositional residential placement. The postdispositional nonresidential placement days shall be computed by multiplying the "arrests for nonresidential postdispositional placement" by the average statewide length of stay for postdispositional nonresidential placement.

1) "Arrests for Residential Postdispositional Placement" means the eligible arrests for postdispositional alternatives multiplied by fifty percent.

2) "Arrests for Nonresidential Postdispositional Placement" means the eligible arrests for postdispositional alternatives multiplied by fifty percent.

c. Total Cost for Postdispositional Placements. The total cost for postdispositional alternatives shall be the sum of total residential and nonresidential postdispositional cost.

1) "Total Residential Postdispositional Cost" means the post-dispositional residential days multiplied by the average statewide cost per block grant program postdispositional residential day.

2) "Total Nonresidential Postdispositional Cost" means the postdispositional nonresidential days multiplied by the average statewide cost per block grant program postdispositional nonresidential day.

5. Biennial Updates. The data used to compute this formula shall be updated biennially.

6. No Loss Provision. No locality owning a pre-dispositional or post-dispositional block grant program in fiscal year 1995, , shall receive less state funds in accordance with § 16.1-322.1, Code of Virginia, than it received in fiscal year 1995 for both pre-dispositional and post-dispositional programs. Any locality which did not receive block grant funds for this purpose in fiscal year 1995 shall not receive less state funds than were appropriated on their behalf in fiscal year 1993 for pre-dispositional and post-dispositional block grant programs. Such amount shall be based on the separate calculation of hold-harmless amounts for predispositional services and postdispositional services. Predispositional services and postdispositional service hold-harmless provisions shall be based on the number of days in each block grant program by locality multiplied by the average cost per day for each program multiplied by the average state share of the daily cost of such program. Funding previously withheld because of special appropriations for the continuum demonstration project (Item 494.B.1.) and marine program (Item 494.A.1.) shall be restored in the second year.

7. Maintenance of effort. No city, county or combination thereof which utilized block grant services or programs in fiscal year 1995 shall contribute less than an amount equal to the sum of its fiscal year 1995 expenditures for predispositional and postdispositional block grant alternatives to secure detention for the implementation of its local plan. Such amounts shall not include any expenditures in fiscal year 1995 for secure juvenile detention.

8. Locality Definition. "Locality" means city or county for purposes of this Item.

E. The Department shall provide quarterly reports, to the Chairmen of the House Appropriations and Senate Finance Committees on the progress in implementing the Juvenile Community Crime Control Act.

F. Notwithstanding any contrary provision of law, the Governor is authorized to withhold approval for state payment, by reimbursement or otherwise, of expenditures which may cause the amount listed for the subprograms in this item to be overexpended; nor shall any portion of this appropriation be used to initiate or expand programs not currently funded by this appropriation without prior written approval of the Governor.

G. Further, from this appropriation, the Governor is authorized to expend such amounts as he determines necessary for the administration of this item.

H. Subject to the conditions stated in this paragraph and with the prior written approval of the Director of the Department of Planning and Budget, there is hereby reappropriated the unexpended balances remaining at the close of business on June 30, 1998, and June 30, 1999, in the Financial Assistance for Confinement in Local Facilities program. The reappropriations shall be applicable only for payments owing for physical plant projects for local detention and group homes which have been approved by the Governor and for which contracts are in effect June 30, 1998, and June 30, 1999, respectively.