department of juvenile justice: county share of costs brief update july 14, 2015
TRANSCRIPT
Overview
State and counties share the costs of juvenile detention:
County of residence “predisposition” period
Board approval will be requested to:1. Make full payment instead of partial payment
for DJJ monthly invoices (BCC acti on 9/23/14)
2. Allow processing of payments for FY15-16
Committed Probation
Disposition Hearing(Sentencing)
Max 21 days
Max 15 days
Predisposition days
Max 24 hours
Adjudication Hearing(Trial)
Court Appearance
Detention
JAC
Juvenile Arrest
Committed Probation
Disposition Hearing(Sentencing)
Predisposition days Adjudication Hearing
(Trial)
Court Appearance
Detention
JAC
Juvenile Arrest
Shared Costs: Counties = 57% State = 43%
Legal & Legislative Issues
Judicial Ruling: Counties were overbilled– DJJ’s definition of “predisposition” invalidated– Cost-share based on DJJ budget, not actual costs
County Overpayments for FY 10-12:–$126 million statewide–$15.8 million for Orange County
Legal Challenges
PAY IN FULL HYBRID CREDIT
Miami
Duval
St. Lucie
Broward
Hillsborough
Orange
Brevard
Volusia
Okaloosa
Palm Beach
Charlotte
Sarasota
BCC Action 9/23/14
50% payment50% credit
Legal & Legislative Issues
For counties determined to not have met cost-share obligation by DJJ:
Department of Revenue is directed to deduct the amount owed to DJJ from revenue sharing funds
Staff Recommendation: Pay full invoiced amountAccompany with “payment under protest” statement
NEW: SB 2502A
Legal & Legislative Issues
What will happen to overpaid county funds?
Will the cost-share percentages change?
What action will the State take in regards to
withheld payments for last fiscal year?
Will there be additional legal action by counties?
Unresolved Issues:
Legal & Legislative Issues
County billings are based on estimated costs
County days used State established per diem rate
Per Diem rate based on statewide days used divided by prior year actual cost of detention
57% covered by counties, 43% by state Invoiced monthly
Current Billings & Payments
2009 2010 2011 2012 2013 2014 2015 20160
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9 Orange CountyDJJ shared costs estimate for FY 2015–2016 is $4.5 Million
County Fiscal Year
Millions
FY 15-16 Billings & Payments
Board Action Request
Action Requested:
Approval to 1) process full payment amount for Department of Juvenile Justice (DJJ) invoices received after July 1, 2015 instead of 50% payments as previously approved by the Board of County Commissioners and 2) process payment of DJJ invoices for FY 2015-2016 up to $4,500,000.