Florida Association of CountiesWebinar

November 30, 2010

JDAI and Detention Cost-Share

Detention Cost-Share: How Much is Your County Paying?

County Operated Detention Facilities

Legislative Priorities for 2011

Detention Cost ShareSecure Detention Budget

Detention Cost-ShareExpenditures

Fiscally Constrained Counties share is included in the County Trust Fund

Detention Cost ShareLegislative Budget Request

Per Diem Rate

2009-10 per diem estimates are expected to increase since utilization is downFinal per diem rate will be published in December

2010-11 per diem estimates expected to increase since utilization is down

State Fiscal Year

County State

2008-09 $280.70 $138.20

2009-10 $237.03 – est $143.16

2010-11 $286.12 - est $123.84

2011-12 ??? ???

Secure Detention 2009-10Average Daily Population 1,245

62% utilization (capacity 2,007)Min 985 (49%); Max 1404 (or 69%)Youth who circle through multiple centers are counted

twice

Average Length of Stay 11 days (pre and post)

25,008 Youth Served

41,606 Admissions

Two facilities operated at 100% capacitySeminole South West Regional

Delinquency Profile 2009-10Delinquency rate all time low

Rate = youth referred per 1,000 age 10-171991/92: 111; 1994/95: 123; 2009/10: 65

Over the last two years there has been a decrease (5% and 12%) in the number of law enforcement referrals

Youth on supervised probation has decreased 9%

Youth court ordered to residential commitment has decreased 14%

Detention Cost-ShareCounty’s share increases as detention utilization

decreases

Estimated per diem rate for current year is $286Next year will be higher

Counties that opt out of the state run system, will no longer pay into cost-share. State says they will shift cost to counties that remain in the state detention system.

2009-10 Expenditures were $13,137,900 lower than the appropriation

Hillsborough and Santa Rosa Counties vs. Department of Juvenile JusticeJudge dismissed the declaratory action filed

by the counties against the DJJ on detention cost- shareStating there are numerous administrative

remediesAdministrative rules related to cost-share (63G-1)Seek a declaratory statement from DJJ120.56, Fla. Stat.

The court lacks subject matter jurisdictionThe issue falls within the scope of the

Legislative Appropriation process

County Operated Detention Facilities

Certification Task Force

DJJ created a Task Force to:Develop a rule that counties or municipalities

could follow in order to operate a juvenile detention facility

Review the Detention Rule Develop an Interagency AgreementMake Statutory Recommendations

Florida Statute 985.688

Certification Task ForceStatute allows for the DJJ to collect a

monitoring fee of .5 of 1% of the operating cost

Quarterly inspections and evaluations

All centers must comply with DJJ rules

Facility must be certified

Certification RuleFlorida Administrative Code 63K-1.001 -.009Final rule workshop was November 17FAC asked for:

Specific detention operations criteria (or Quality Assurance Standards) should be defined in each quarter

Monitoring fees to offset the county’s obligation to detention cost share

Requires compliance with all Detention Rules, Protective Action Response, and Direct Care Staffing

Certification: Variance and Waiver

120.542, Fla. Stat.Waiver refers to the agency’s decision “not to

apply all or part of a rule to a person who is subject to the rule” 120.52 (22), F.S.

Variance refers to the agency’s decision to grant “a modification to all or part of the literal requirements of an agency rule to a person who is subject to the rule” 120.52 (21), F.S.

Waiver or variance cannot override Florida Statutes or Federal Regulations

County Operated FacilitiesLegislative changes

Quarterly to Annual InspectionsRegional Detention Facilities110% of Medicaid on medical servicesReimbursement for counties housing youth

from other countiesDetention cost-share

Evidence Based Practices (EBP)

Imagine this…What would a system look like if counties took

over detention facilities to monitor pre-dispositional youth, and the state had three detention facilities that housed post-dispositional youth?

Counties would no longer be required to pay into the state’s cost-share

Counties could use extra funds to invest in less expensive community alternatives

Fiscally Constrained Counties

Legislative Priorities for 2011(Carry Over)

Blueprint Commission: SUPPORT the findings and recommendations of DJJ’s Blueprint Commission report.

 Juvenile Assessment Centers (JAC

Centers): SUPPORT uniform state funding of JAC Centers throughout Florida to strive to achieve equal treatment of youth offenders.

Alternatives to Detention: SUPPORT legislation that implements juvenile detention alternatives and revises the Detention Risk Assessment Instrument to divert children from detention facilities.

2011 Legislative Priorities(Added in 2009)

2011 Legislative Priorities(Added 2010)

• Regional Detention Facilities: SUPPORT legislation that allows counties to establish regional detention facilities.