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2009 Session

Budget Bill - HB1600 (Introduced)

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Department of Juvenile Justice

Item 411

Item 411

First Year - FY2009Second Year - FY2010
Financial Assistance to Local Governments for Juvenile Justice Services (36000)$52,697,635$52,697,635
Financial Assistance for Juvenile Confinement in Local Facilities (36001)FY2009 $35,194,793FY2010 $35,194,793
$35,694,793
Financial Assistance for Probation and Parole - Local Grants (36002)FY2009 $2,474,676FY2010 $2,474,676
Financial Assistance for Community Based Alternative Treatment Services (36003)FY2009 $15,028,166FY2010 $15,028,166
$14,528,166
Fund Sources: 
GeneralFY2009 $50,787,956FY2010 $50,787,956
Federal TrustFY2009 $1,909,679FY2010 $1,909,679

Authority: §§ 16.1-233 through 16.1-238, 16.1-274, 16.1-322.1 and 66-14, Code of Virginia.


A. From July 1, 2008 to June 30, 2010, the Board of Juvenile Justice shall not approve or commit additional funds for the state share of the cost of construction, enlargement or renovation of local or regional detention centers, group homes or related facilities. The Board may grant exceptions only to address emergency maintenance projects needed to resolve immediate life safety issues. For such emergency projects, approval by both the Board of Juvenile Justice and the Secretary of Public Safety is required. Any emergency projects must also comply with Board of Juvenile Justice standards.


B. Each emergency resolution adopted by the Board of Juvenile Justice approving reimbursement of the state share of the cost of construction, maintenance, or operation of local or regional detention centers, group homes, or related facilities or programs shall include a statement noting that such approval is subject to the availability of funds and approval by the General Assembly at its next regular session.


C. The Department of Juvenile Justice shall reimburse localities, pursuant to § 66-15, Code of Virginia, at the rate of $50 per day for housing juveniles who have been committed to the department, for each day after the department has received a valid commitment order and other pertinent information as required by § 16.1-287, Code of Virginia.


D. Notwithstanding the provisions of § 16.1-322.1 of the Code of Virginia, the department shall apportion to localities the amounts appropriated in this item.


E. Subject to the conditions stated in this paragraph and with the prior written approval of the Director, Department of Planning and Budget, there is hereby re-appropriated the unexpended balances remaining at the close of business on June 30, 2008, and June 30, 2009, in the appropriation for Financial Assistance for Juvenile Confinement in Local Facilities. The reappropriations shall be applicable only for payments owing for physical plant projects for local detention which have been approved by the Governor and for which contracts are in effect June 30, 2008, and June 30, 2009, respectively.


F.1. The appropriation for Financial Assistance for Community Based Alternative Treatment Services includes $14,143,360 the first year and $14,143,360 the second year from the general fund for the implementation of the financial assistance provisions of the Juvenile Community Crime Control Act (VJCCCA), §§ 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 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 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.


3.a.  Notwithstanding the provisions of § 16.1-309.7 B, unobligated VJCCCA funds must be returned to the department by each grantee locality no later than October 1 of the fiscal year following the fiscal year in with they were received, or a similar amount may be withheld from the current fiscal year's periodic payments designated by the department for that locality.


b. Subject to the conditions stated in this Item and with the prior written approval of the Director, Department of Planning and Budget, there are hereby reappropriated the unexpended balances remaining in the appropriations made in the Financial Assistance for Community Based Alternative Treatment Services service area on June 30, 2008, and June 30, 2009.


c. All such unobligated and reappropriated balances shall be used by the department for the purpose of awarding short-term supplementary grants to localities, for programs and services which have been demonstrated to improve outcomes, including reduced recidivism, of juvenile offenders.  Such programs and services must augment and support current VJCCCA-funded programs within each affected locality.  The grantee locality shall submit an outcomes report to the department, in accord with a written memorandum of agreement which shall accompany the supplementary grant award.  This provision shall apply to funds obligated to and in the possession of the department and its grant recipients.  The entity which returns unobligated funds under this provision shall not have a presumptive entitlement to a supplementary grant.


G. 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.


H. Pursuant to Section 4-1.05.a.4. of this act, $195,406 of the June 30, 2008, balances required to be reappropriated have been transferred to the general fund.