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2003 Session

Budget Bill - HB1400 (Chapter 1042)

Department of Criminal Justice Services

Item 432

Item 432

First Year - FY2003Second Year - FY2004
Financial Assistance for Administration of Justice Services (39000)$71,681,790
$65,346,779
$66,986,695
$62,942,296
Financial Assistance to Localities for Administration of Justice Services (39001)FY2003 $71,681,790
$65,346,779
FY2004 $66,986,695
$62,942,296
Fund Sources:  
GeneralFY2003 $32,339,823
$26,177,577
FY2004 $27,614,728
$23,743,094
SpecialFY2003 $100,000FY2004 $100,000
Dedicated Special RevenueFY2003 $4,714,562
$4,541,797
FY2004 $4,714,562
$4,541,797
Federal TrustFY2003 $34,527,405FY2004 $34,557,405

Authority: Title 9.1, Chapter 1, Code of Virginia.


A. This appropriation includes an estimated $12,000,000 the first year and an estimated $12,000,000 the second year in federal funds pursuant to the Omnibus Crime Control Act of 1968, as amended. Of these amounts, nine percent is available for administration, and the remainder is available for grants to state agencies and local units of government. 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 $829,930 the first year and $829,930 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 nonprofit organizations for the establishment and operation of programs for the following purposes and up to the amounts specified:


1.a. Regional training academies for criminal justice training, $1,188,970 $1,016,205 the first year and $1,188,970 $1,016,205 the second year from the general fund and an estimated $1,114,562 $941,797 the first year and an estimated $1,114,562 $941,797 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.


b. The Board of Criminal Justice Services, consistent with § 9.1-102, Code of Virginia, and § 6VAC-20-20-61 of the Administrative Code, shall not approve or provide funding for the establishment of any new criminal justice training academy from July 1, 2002, through June 30, 2004.


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


3. Court Appointed Special Advocate programs, $975,000 $840,519 the first year and $975,000 $828,750 the second year from the general fund.


C.1. Out of this appropriation, $18,620,828 the first year and $18,620,828 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) and the Pretrial 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 alternatives to incarceration programs shall be limited to those established or expanded pursuant to paragraph E 2 of Item 64. Out of these amounts, the Director of the Department of Criminal Justice Services is authorized to expend no more than five percent per year for state administration of these programs.


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 an annual report 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.


4. The Secretary of Public Safety, with the assistance of the Department of Criminal Justice Services and the Compensation Board, shall develop a pilot program for alternative sentencing of nonviolent misdemeanants and local-responsible felons pursuant to § 53.1-131 and § 9.1-173, et. seq., Code of Virginia, for offenders who are serving six months or less in jail. The program shall be piloted in localities only upon approval by the local Community Criminal Justice Board established pursuant to § 9.1-178, Code of Virginia. The fiscal agent for participating local community corrections programs shall be reimbursed at a rate of $4 per inmate day for each inmate participating in the alternative sentencing program, pursuant to Item 67 L of this act. The Secretary of Public Safety shall provide a report to the Chairmen of the House Appropriations and Senate Finance Committees by December 1, 2003, as to the progress of implementation of the pilot program.


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 $750,000 the first year and $750,000 the second 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.


F. 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 balances remaining in the appropriations made in the Financial Assistance for Administration of Justice Services program on June 30, 2002 and June 30, 2003. 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.


G. From such federal funds as may be available, the Department shall provide a grant of up to $500,000 each year to the Department of Juvenile Justice for regional and statewide training and technical assistance to localities in the development and evaluation of programs established under the Virginia Juvenile Community Crime Control Act.


H. The Department shall provide a grant of up to $1,300,000 the first year and $1,300,000 the second year from federal funds to the Department of Corrections, to continue intensive substance abuse treatment services in correctional facilities.


I.1. Out of this appropriation, $1,700,000 $1,675,000 the first year and $1,700,000 $1,490,000 the second year from the general fund and $1,500,000 $1,525,000 the first year and $1,500,000 $1,710,000 the second year from such federal funds as are available shall be deposited to the School Resource Officer Incentive Grants Fund established pursuant to § 9-171.1, Code of Virginia. Localities shall match these funds based on the composite index of local ability-to-pay. The Department shall give priority to localities requesting school resource officers in high schools.


2. The Director of the Department of Criminal Justice Services is authorized to expend $357,285 the first year and $357,285 the second year from the School Resource Officer Incentive Grants Fund to establish the Virginia Center for School Safety, pursuant to § 9.1-110, Code of Virginia.


J. From such federal funds as are available, the Department shall provide grants to the Department of Juvenile Justice for up to $600,000 the first year and $600,000 the second year for additional juvenile probation officers for screening and assessment of certain juvenile offenders for substance abuse.


K.1. Out of this appropriation, $800,000 the first year and $800,000 the second year from the general fund and an estimated $3,200,000 the first year and $3,200,000 the second year from federal grant funds is provided for the Integrated Criminal Justice Information System. Funding for this project shall be allotted upon approval of each phase of the project, as described in K3 below.


2. The Department of Criminal Justice Services (DCJS) shall make the following estimated subgrants to the following agencies for the component parts of this project:


FY 2003

General Fund

Federal Funds

Supreme Court of Virginia

$250,000

$1,600,000

$1,491,750

Department of State Police

$250,000

$1,600,000

$1,497,250

Compensation Board

$0

$50,000

$47,000

Department of Criminal Justice Services

$300,000

$0

$237,500

FY 2004

General Fund

Federal Funds

Supreme Court of Virginia

$250,000

$1,600,000

$1,491,750

Department of State Police

$250,000

$1,600,000

$1,497,250

Compensation Board

$0

$50,000

$47,000

Department of Criminal Justice Services

$300,000

$0

$237,500


3. The Integrated Criminal Justice Information System shall be implemented in phases under the general direction of the Secretary of Public Safety. Prior to the allotment of funds and the beginning of the implementation of each phase, a report on the planned development of that phase and the specific performance objectives to be achieved shall be approved by the Secretaries of Public Safety, Technology, and Finance and the Executive Secretary of the Supreme Court of Virginia, and transmitted to the Chairmen of the Senate Finance and House Appropriations Committees, the Senate and House Courts of Justice Committees, the House Militia and Police Committee, and the Virginia State Crime Commission.


4. Included in the amounts in subparagraph 2 of this item is $44,000 for the Supreme Court of Virginia and $37,500 for the Department of State Police in the second year from federal grant funds to implement the provisions of House Bill 2541, regarding the unification of the Virginia Crime Codes.


L. From such federal funds as are available, the Department of Criminal Justice Services is authorized to make a grant of up to $100,000 in the second year to the City of Lynchburg Police Department for a computer-crime investigation pilot project.


M. Out of this appropriation, $2,080,000 $1,102,148 the first year from the general fund and $977,852 in the first year from such federal funds as are available is and $520,000 the second year from the general fund and $1,560,000 the second year from such federal funds as are available are included to support drug court programs statewide.


N. Out of this appropriation, $892,000 $446,283 the first year from the general fund and $445,717 in the first year from such federal funds as are available is included to support existing Project Exile programs.


O. Out of this appropriation, $1,753,095 $876,668 the first year from the general fund and $876,427 in the first year from such federal funds as are available is included for Pre-release and Post-incarceration services.