§ 10A-2-7-401. Juvenile Detention Improvement Revolving Fund.  


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  • A.  There is hereby created in the State Treasury a revolving fund for the Office of Juvenile Affairs to be designated the "Juvenile Detention Improvement Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies appropriated to the Juvenile Detention Improvement Revolving Fund and monies which may otherwise be available to the Office of Juvenile Affairs for use as provided for in this section.

    B.  All monies appropriated to the fund shall be budgeted and expended by the Office of Juvenile Affairs for the purpose of providing funds to counties to renovate existing juvenile detention facilities, to construct new juvenile detention facilities, to operate juvenile detention facilities and otherwise provide for secure juvenile detention services and alternatives to secure detention as necessary and appropriate, in accordance with state-approved juvenile detention standards and the State Plan for the Establishment of Juvenile Detention Services provided for in Section 2-3-103 of this title.  The participation of local resources shall be a requirement for the receipt by counties of said funds and the Department shall establish a system of rates for the reimbursement of secure detention costs to counties.  The methodology for the establishment of said rates may include, but not be limited to, consideration of detention costs, the size of the facility, services provided and geographic location.  Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.

    1.  The rate of reimbursement of approved operating cost shall be eighty-five percent (85%) for the Office of Juvenile Affairs and fifteen percent (15%) for the county.

    2.  The rate of reimbursement of approved operating cost shall be fifty percent (50%) for the Office of Juvenile Affairs and fifty percent (50%) for any county that has failed to establish the beds required by the provisions of subsection A of Section 2-7-608 of this title.

    3.  The Office of Juvenile Affairs shall approve only those applications for funds to renovate an existing juvenile detention facility or any other existing facility or to construct a new juvenile detention facility which contain proposed plans that are in compliance with state-approved juvenile detention standards.

    4.  The Office of Juvenile Affairs shall approve only those applications or contracts for funds to operate juvenile detention facilities or otherwise provide for secure juvenile detention services and alternatives to secure detention which are in compliance with or which are designed to achieve compliance with the State Plan for the Establishment of Juvenile Detention Services provided for in Section 2-3-103 of this title.

    5.  The Office of Juvenile Affairs shall, from appropriated state monies or from available federal grants, provide for payment pursuant to contract for transportation personnel and vehicle-related costs and reimburse for eligible travel costs for counties utilizing the juvenile detention facilities identified in the "State Plan for the Establishment of Juvenile Detention Services" in accordance with the provisions of the State Travel Reimbursement Act and in accordance with Section 2-3-103 of this title.

Added by Laws 1982, c. 374, § 41, emerg. eff. July 20, 1982.  Amended by Laws 1983, c. 326, § 30, operative July 1, 1983; Laws 1987, c. 209, § 4, eff. July 1, 1987; Laws 1988, c. 134, § 1, emerg. eff. April 19, 1988; Laws 1994, c. 290, § 61, eff. July 1, 1994; Laws 1995, c. 352, § 88, eff. July 1, 1995.  Renumbered from § 200.6 of Title 56 by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1996, c. 247, § 16, eff. July 1, 1996; Laws 1997, c. 293, § 5, eff. July 1, 1997; Laws 2009, c. 234, § 13, emerg. eff. May 21, 2009.  Renumbered from § 7302-4.1 of Title 10 by Laws 2009, c. 234, § 172, emerg. eff. May 21, 2009.  Amended by Laws 2012, c. 304, § 43.