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2003 Session

Budget Bill - HB1400 (Chapter 1042)

Department of Juvenile Justice

Item 443

Item 443

First Year - FY2003Second Year - FY2004
Community-Based Custody (35000)$27,714,555
$21,454,555
$27,714,555
$19,704,555
Community Residential Custody and Treatment Services (35002)FY2003 $10,728,582
$5,468,582
FY2004 $10,728,582
$3,718,582
Community Non-Residential Custody and Treatment (35004)FY2003 $1,967,250
$967,250
FY2004 $1,967,250
$967,250
Financial Assistance for Community Based Alternative Treatment Services (35007)FY2003 $15,018,723FY2004 $15,018,723
Fund Sources:  
GeneralFY2003 $27,182,542
$20,922,542
FY2004 $27,182,542
$19,172,542
Federal TrustFY2003 $532,013FY2004 $532,013

Authority: §§ 16.1-246 through 16.1-258, 16.1-286, 16.1-291 through 16.1-295, 66-13, 66-14, 66-22 and 66-24, Code of Virginia.


A.1. Out of this appropriation $1,000,000 the first year and $1,000,000 the second year from the general fund shall be used to contract for residential and nonresidential postsentencing alternatives in localities or combinations of localities for juvenile offenders eligible to be sentenced to confinement in a state juvenile correctional center pursuant to § 16.1-278.8 14, Code of Virginia, but who may require confinement less secure than a state juvenile correctional center. The goal of such programs shall be to reduce the incidence of repeat juvenile offenders.


2. Such funding shall be used exclusively for the development or improvement of community-based services for those juvenile offenders specified in paragraph 1, but shall not be used for capital expenditures. Contracts entered into under the provisions of this paragraph shall not be used in lieu of supervised probation or parole. It is the intention of the General Assembly that the use of supervised probation for offenders not be decreased by the use of such postsentencing alternatives and that release from such programs be followed by an appropriate period of supervised parole.


3. The State Board of Juvenile Justice shall prescribe standards for the development, operation and evaluation of programs and services authorized in this paragraph. State funds for such contracts shall be matched at a rate of 33 percent from nonstate sources.


B. Services funded out of this appropriation may include intensive supervision, day treatment, boot camp, and aftercare services, and should be integrated into existing services for juveniles.


C. Out of this appropriation $4,957,003 $2,566,110 the first year and $4,957,003 $2,687,003 the second year from the general fund shall be used to house in public or private facilities in Virginia juveniles committed to the custody of the Department pursuant to § 16.1-278.8 A 14, Code of Virginia. Before contracting for these beds, the Department of Juvenile Justice shall give consideration to the marginal cost impact on the public or private facilities, so the department may obtain additional beds at the lowest per diem cost possible.


D. This appropriation contains funds to be used to establish programs to give judges alternative sentencing options for juveniles, in the amounts of $4,619,107 the first year and $4,619,107 the second year from the general fund for boot camps for juveniles; however, no contract to establish a juvenile boot camp shall be executed by the Department nor shall any funds be expended for the contract except as provided in this act.


E.1. The appropriation for Financial Assistance for Juvenile Confinement in Local Facilities includes $14,506,010 the first year and $14,506,010 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.


2. Notwithstanding the provisions of §§ 16.1-309.2 through 16.1-309.10, Code of Virginia, the Department of Juvenile Justice shall exercise discretion for the distribution of VJCCCA funding in fiscal year 2003, with emphasis on fundamental, appropriate services that can be maintained with this appropriation and resources which may be available on the local level.


3. Notwithstanding the provisions of §§ 16.1-309.2 through 16.1-309.10, Code of Virginia, the Board of Juvenile Justice shall establish guidelines for use in determining the types of programs for which VJCCCA funding may be expended. The Department shall provide copies of such guidelines to the Chairmen of the House Appropriations and Senate Finance Committees no later than December 19, 2002. The Department shall establish a format to receive biennial or annual requests for funding from localities, based on these guidelines. For each program requested, the plan shall document the need for the program, goals, and measurable objectives, and a budget for the proposed expenditure of these funds and any other resources to be committed by localities.


F. The Department shall provide annual reports to the Chairmen of the House Appropriations and Senate Finance Committees on the progress of Virginia Juvenile Community Crime Control Act programs. The annual report shall address the requirements of § 16.1-309.3, Code of Virginia, as well as identifying the number of juveniles served, the average cost for residential and nonresidential services, the number of employees, and descriptions of the contracts entered into by localities, pursuant to §§ 16.1-309.2 through 16.1-309.10, Code of Virginia.


G. Notwithstanding the provisions of § 16.1-309.7 B of the Code of Virginia, or any other provision of law, any funds unexpended by the localities at the close of each fiscal year shall be returned to the state treasury.