Authority: §§ 16.1-309.2 through 16.1-309.10, 16.1-313, 16.1-322.1 and 16.1-322.2, Code of Virginia.

A. 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:

B. No state funds shall be committed or approved by the Board of Youth and Family Services 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 locality or localities have presented to the Board a comparative cost analysis of private compared to public sector financing, site selection, design, construction, maintenance and operation of the proposed facilities or programs.

C. 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, 1996, and June 30, 1997, 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, 1996, and June 30, 1997, respectively.

D. 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.

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

F. The appropriation for Financial Assistance for Juvenile Confinement in Local Facilities includes $17,537,453 the first year and $17,537,453 the second year 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:

The state cost for pre-dispositional community-based services (§16.1-309.7.A.1, 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 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.

2. The state cost for postdispositional community-based services (§16.1-309.7.A.2, 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.

3. Annual Updates. The data used to compute this formula shall be updated annually based on the latest available information. For fiscal year 1998, postdispositional placements shall be based on Juvenile and Domestic Relations Court dispositions for all juveniles adjudicated delinquent, child in need of services and child in need of supervision, less those receiving services under the provisions of §§ 16.1-285.1 and 16.1-286.

4. No Loss Provision. No locality owning a pre-dispositional or post-dispositional block grant program in fiscal year 1995, plus funding allocated for the per diem reimbursement and continuum demonstration projects, shall receive less state funds in accordance with § 16.1-322.1, Code of Virginia, than it received in fiscal year 1995 for such 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. Such amount shall be based on the number of days in each block 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.

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

G. 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.