2000 Session

Budget Amendments - HB30 (Member Request)

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Chief Patron: Deeds
Federal Per Diem Payments Restored Language/Limit

Item 64 #3h

Item 64 #3h

First Year - FY2001 Second Year - FY2002
Compensation Board FY2001 ($1,602,900) FY2002 ($1,602,900) GF

Page 42, line 31, strike "$53,836,694" and insert "$52,233,794".
Page 42, line 31, strike "$53,836,694" and insert "$52,233,794".
Page 44, strike lines 38 through 14 on page 45, and insert:
"J. 1.  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 contract 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 personel 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 Compnsation 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 portation of the capital cost, the Compensation Board shall reduce the federal and total prisoner population by the federal prisoners corresponding to the faciltiy capacity, as defined by the Department of Correcitons, 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 personell costs using a method different from that set forth in paragraph J.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 buy the auditor of Public Accoutns.
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
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 capicity built under contract with the federal governement;  c) the facility has received a grant from the federal government for a portion of the capital costs;  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.
5.  Any sheriff or regional jail administrator who houses contract prisoners from other states, the District of Columbia, or the federal government, for more that 48 housrs, shall provide a monthly report to the Director of the Department of Corrections, which shall include the classification of the level of security of each such contract inmante and the level of security of the housing unit in which such inmates are confined.
6.  The Compensation Board shall apply the cost recovery methodology set out in paragraph J.1 of this Item to any jail which holds inmates from another state on a contractual basis.  However, recovery in such circumstances shall not be made for inmates held pending extradition to other states or pending transfer to the Virginia Department of Corrections.
7.  The provisions of this section J. notwithstanding, the Compensation Board shall limit overhead recoveries for federal and other state prisoners to the equivalent of five dollars per prisoner day or less."

(This amendment restores language in the introduced budget consistent with the requirements in the current biennium related to the recovery of per diem payments for federal or other state inmates confined in local or regional jails in Virginia. In addition, it includes language limiting such recoveries to approximately 45% of the amounts withheld from local and regional jails during the current biennium.)