department of juvenile justice: county share of costs brief update july 14, 2015

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Department of Juvenile Justice: County Share of Costs BRIEF UPDATE July 14, 2015

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Department of Juvenile Justice:County Share of Costs

BRIEF UPDATE

July 14, 2015

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

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

FY 15-16 Billings & Payments

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

1

2

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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

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.