Florida Association of Counties Webinar 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 Share Secure Detention Budget

Detention Cost-Share Expenditures Fiscally Constrained Counties share is included in the County Trust Fund

Detention Cost Share Legislative Budget Request

Per Diem Rate per diem estimates are expected to increase since utilization is down Final per diem rate will be published in December per diem estimates expected to increase since utilization is down State Fiscal YearCountyState $280.70$ $ – est$ $ est$ ???

Secure Detention Average 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% capacity Seminole South West Regional

Delinquency Profile Delinquency rate all time low Rate = youth referred per 1,000 age /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-Share County’s share increases as detention utilization decreases Estimated per diem rate for current year is $286 Next 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 Expenditures were $13,137,900 lower than the appropriation

Hillsborough and Santa Rosa Counties vs. Department of Juvenile Justice Judge dismissed the declaratory action filed by the counties against the DJJ on detention cost- share Stating there are numerous administrative remedies Administrative rules related to cost-share (63G-1) Seek a declaratory statement from DJJ , Fla. Stat. The court lacks subject matter jurisdiction The 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 Agreement Make Statutory Recommendations Florida Statute

Certification Task Force Statute 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 Rule Florida Administrative Code 63K Final rule workshop was November 17 FAC 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 , 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” (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” (21), F.S. Waiver or variance cannot override Florida Statutes or Federal Regulations

County Operated Facilities Legislative changes Quarterly to Annual Inspections Regional Detention Facilities 110% of Medicaid on medical services Reimbursement for counties housing youth from other counties Detention cost-share

Evidence Based Practices (EBP) Prevention PACE Center for Girls – nationally recognized as a EBP CINSFINS- nationally recognized as a as a EBP Redirections Program- nationally recognized as a as a EBP Functional Family Therapy (FFT) provides a $49,776 net benefit to crime victims and taxpayers per participant and reduces a juvenile’s recidivism rate by 18.1 percent. Multi-Systemic Therapy (MST) provides a benefit of $13.36 for every dollar spent as well as a $17,694 net benefit to crime victims and taxpayers per participant. Probation and Community Intervention Evidence-based Practices Life Skills Training Thinking for a Change Multi-Systemic Therapy (MST) Functional Family Therapy (FFT) Cannabis Youth Treatment Practices with Demonstrated Effectiveness Arise Promising/Best Practices Brief Strategic Family Therapy (BSFT) Parenting with Love and Limits (PLL) Motivational Interviewing Detention Practices with Demonstrated Effectiveness Arise Promising/Best Practices Motivational Interviewing Teaching Alternatives to Gangs (TAG) Trauma Informed Care Faith Initiative and Chaplaincy Services Program Alternatives to Secure Detention Girls Programming

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 Baker Bradford Calhoun Columbia Desoto Dixie Franklin Gadsden Gilchrist Glades Gulf Hamilton Hardee Hendry Highlands Holmes Jackson Jefferson Lafayette Levy Liberty Madison Okeechobee Putnam Suwannee Taylor Union Wakulla Washington

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) Detention Cost Share: SUPPORT legislation that would give counties the option to invest in locally operated detention facilities and detention alternatives by reducing the number of children in the state’s detention facilities, ultimately reducing the amount counties contribute to the Department of Juvenile Justice (DJJ) Shared County State Trust Fund. SUPPORT legislation creating an expenditure and operational efficiency review team made up of county and state representatives to discuss and review DJJ operations, as well as alternatives to detention. This team would provide genuine budget input at the time DJJ makes its legislative budget request for budget sections affecting counties, and would focus on community efforts that divert children from detention. SUPPORT legislation that would establish a set per diem rate to create predictability and fairness in the cost of secure detention. Cost of Care: SUPPORT legislation allowing counties to charge juveniles, or the parents of juveniles, for the costs of providing pre-adjudicatory, secure detention care based on their availability to pay.

2011 Legislative Priorities (Added 2010) Regional Detention Facilities: SUPPORT legislation that allows counties to establish regional detention facilities.