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1997 Session

Budget Bill - HB1600 (Chapter 924)

Department of Criminal Justice Services

Item 438

Item 438

First Year - FY1997Second Year - FY1998
Financial Assistance for Administration of Justice Services (39000)$38,555,369
$38,155,369
$38,555,369
$49,182,507
Financial Assistance to Localities for Administration of Justice Services (39001)FY1997 $37,025,029
$36,625,029
FY1998 $37,025,029
$47,652,167
Other Services (39099)FY1997 $1,530,340FY1998 $1,530,340
Fund Sources: 
GeneralFY1997 $17,252,690
$16,852,690
FY1998 $17,252,690
$25,765,266
SpecialFY1997 $100,000FY1998 $100,000
$1,214,562
Dedicated Special RevenueFY1997 $3,600,000FY1998 $3,600,000
$4,600,000
Federal TrustFY1997 $17,602,679FY1998 $17,602,679

Authority: Title 9, Chapter 27, Code of Virginia.


A. This appropriation includes an estimated $10,700,000 in the first year and an estimated $10,700,000 in the second year in federal funds pursuant to the Anti-Drug Abuse Act of 1988, as amended. Of these amounts, nine percent is available for administration, and 70 percent of the remainder is available for grants to state agencies. The remaining federal funds are to be passed through as grants to localities, with a required 25 percent local match. Also included in this appropriation is $2,158,388 $1,758,388 in the first year and $2,158,388 in the second year from the general fund for the required matching funds for state agencies.


B. The Department of Criminal Justice Services is authorized to make grants and provide technical assistance out of this appropriation to state agencies, local governments, regional and non-profit organizations for the establishment and operation of programs for the following purposes and up to the amounts specified:


1. Regional training academies for criminal justice training, $1,125,408 the first year and $1,125,408 $1,188,970 the second year from the general fund and $1,114,562 the second year from nongeneral funds. The Criminal Justice Services Board shall adopt such rules as may reasonably be required for the distribution of funds and for the establishment, operation and service boundaries of state supported regional criminal justice training academies. The Criminal Justice Services Board shall amend such rules as may be necessary to recognize the Piedmont Regional Criminal Justice Training Academy, organized by the Counties of Patrick, Pittsylvania and Henry, and the Cities of Martinsville and Danville. The Piedmont Regional Criminal Justice Training Academy shall receive not less than $63,562 in funding authorized pursuant to this paragraph.


2. Virginia Crime Victim-Witness fund $3,600,000 the first year and $3,600,000 the second year from dedicated special revenue.


3.a. New River Community Sentencing, Inc., $386,637 the first year, and Rooftop of Virginia Community Action Agency, $25,000 the first year from the general fund, subject to approval by the Department of Criminal Justice Services of a memorandum of agreement and grant application developed by the participating localities, as represented by the New River Comprehensive Community Corrections Board, the New River Regional Jail Board, and the New River Community Sentencing, Inc., Board of Directors, specifying the appropriate distribution of roles and responsibilities for provision of services, consistent with the Comprehensive Community Corrections Act for Local Responsible Offenders (§53.1-182.1, Code of Virginia) and the Pre-Trial Services Act (§19.2-152.4, Code of Virginia), and other programs funded by the Department of Criminal Justice Services.


b. In the second year, the New River Comprehensive Community Corrections Board shall receive an amount equal to $411,637 from the general fund (less the amounts provided to New River Community Sentencing, Inc. and Rooftop of Virginia Community Action Agency for other programs as specified in the FY 1997 memorandum of agreement and grant application). Funding from the general fund in the second year shall be subject to approval by the Department of Criminal Justice Services of a grant application to be submitted by the New River Comprehensive Community Corrections Board.


4. Court Appointed Special Advocate programs, $375,000 the first year and $375,000 the second year from the general fund;


5. Pre-release and post-incarceration services, $1,791,369 the first year and $1,791,369 $1,605,229 the second year.


I VETO THIS ITEM /s/ GEORGE ALLEN (4/10/96) (Vetoed item is enclosed in brackets.)

[ Out of this sum, the Department is authorized to award grants to the following organization:


Virginia Community Action Re-entry System, Inc., $1,605,229 the first year and $1,605,229 the second year. ]


C.1. Out of this appropriation, $11,364,888 the first year and $11,364,888 $11,753,444 the second year from the general fund is authorized to make discretionary grants and to provide technical assistance to cities, counties or combinations thereof to develop, implement, operate and evaluate programs, services and facilities established pursuant to the Comprehensive Community Corrections Act for Local-Responsible Offenders, (§ 53.1-182.1, Code of Virginia), Pre-trial Services Act (§ 19.2-152.4, Code of Virginia). Funding for local-responsible offenders shall be limited to programs, services and facilities targeting those offenders specified in § 19.2-303.3, Code of Virginia. Funds for pretrial programs or other alternative to incarceration programs shall be limited to those established or expanded pursuant to Paragraph E.2. of Item 78. Out of this amount in the second year, $163,147 shall be used to initiate a three-year pilot public inebriate diversion program in the Roanoke Comprehensive Community Corrections Act catchment area. Out of this amount in the second year, $225,409 shall be used to initiate a three-year pilot public inebriate diversion program in the Fairfax Comprehensive Community Corrections Act catchment area.


2. The Department of Criminal Justice Services, in conjunction with the Office of the Executive Secretary of the Supreme Court and the Virginia Criminal Sentencing Commission, shall conduct information and training sessions for judges and other judicial officials on the programs, services and facilities available through the Pretrial Services Act and the Comprehensive Community Corrections Act for Local-Responsible Offenders.


3. The Department of Criminal Justice Services shall provide quarterly reports on its progress in implementing the Pretrial Services Act and the Comprehensive Community Corrections Act for Local-Responsible Offenders to the Chairmen of the House Courts of Justice, Health, Welfare and Institutions, and Appropriations Committees and the Senate Courts of Justice, Rehabilitation and Social Services, and Finance Committees.


D. In the event the federal government should make available additional funds pursuant to the Violence Against Women Act, the Department shall set aside 33 percent of such funds for competitive grants to programs providing services to domestic violence and sexual assault victims.


E. The Department, from such federal funds as may be available, shall provide a grant of up to $150,000 to support activities of the Virginia Criminal Sentencing Commission in its study of Juvenile and Domestic Relations District Court sentencing practices pursuant to House Joint Resolution 131 of the 1996 Regular Session.


F. The Department, from such federal funds as may be available, shall provide a grant of up to $750,000 each year to the Department of Corrections to contract for residential substance abuse treatment services for probationers and parolees. Services to be provided through such grant request shall be linked to existing institutional and community-based substance abuse treatment programs in the Department of Corrections.


G. Subject to the conditions stated in this item and with the prior written approval of the Director, Department of Planning and Budget, there is hereby reappropriated the unexpended balance remaining at the close of business on June 30, 1996, in the appropriations made from Item 534, Financial Assistance for Administration of Justice Services, Chapter 853, Acts of Assembly of 1995, and the unexpended balance remaining in this item on June 30, 1997. These reappropriations shall be used only for the purposes of the original appropriation for grants made by the Criminal Justice Services Board. This provision shall apply to funds obligated to and in the possession of state agency subgrantees and the Department of Criminal Justice Services.


H. Out of this appropriation, $4,850,000 from the general fund and $1,000,000 from nongeneral funds the second year is authorized to assist localities with the 25 percent matching requirement for federal grant funds awarded by the Community Oriented Policing Services (COPS) program and to further assist localities by providing an incentive for the locality to assume the federal share of these costs as such federal funds diminish. The General Assembly intends to assist localities in adding 1,000 new police officer and sheriff's deputy positions in Virginia over the remaining duration of the federal program, and by providing an incentive for localities to continue funding an additional 850 existing, federally supported police officer and deputy sheriff positions for which federal funds will begin to expire. Funds provided will (i) assist localities by providing the actual cash match requirement (25%) for such federal grants which may be awarded on or after July 1, 1997, and (ii) assist localities by assuming 25 percent of the costs for continuing this program as federal funds expire subsequent to July 1, 1997. The Department of Criminal Justice Services shall provide quarterly reports to the Chairmen of the House Appropriations and Senate Finance Committees on the progress in implementing this program.


I. Out of this appropriation the Department is authorized to make grants to qualified organizations for pre-incarceration and post-incarceration services in an amount not to exceed $1,791,369 the second year from the general fund. Priority shall be given to grants for post-incarceration services targeted to state-responsible adult offenders.