41-5-130. Department to administer juvenile placement funds -- transfer of funds -- allocations. (1) The department shall administer juvenile placement funds as appropriated by the legislature in accordance with this chapter. The department shall consult with the office of court administrator when developing its budget request for juvenile placement funds for submission to the budget director as provided in 17-7-112.
     (2) For each fiscal year, the department shall transfer $25,000 from the appropriated juvenile placement funds to the office of court administrator for evaluations of out-of-home placements, programs, and services as provided in 41-5-2003. The office shall deposit the funds in the youth court intervention and prevention account provided for in 41-5-2011.
     (3) For each fiscal year, the department shall, after transferring funds under subsection (2) and allocating funds to the cost containment pool under 41-5-132, allocate 11% of the remaining appropriated juvenile placement funds for juvenile parole out-of-home placements, programs, and services.
     (4) For each fiscal year, the department shall, after allocating funds under subsection (3), allocate the remaining appropriated juvenile placement funds to each judicial district according to a formula established by the cost containment review panel provided for in 41-5-131.
     (5) A judicial district may expend funds from its annual allocation for out-of-home placements or for other programs or services intended to reduce or prevent juvenile delinquency subject to the provisions of subsection (6).
     (6) (a) Except as provided in subsection (6)(b), a judicial district shall reserve at least 80% of its annual allocation for out-of-home placements and the remainder for programs or services.
     (b) A judicial district may reserve up to 50% of its annual allocation for programs or services if:
     (i) the programs or services have, based on demonstrated outcomes, reduced the number of placements in correctional facilities or higher-cost residential placements; and
     (ii) the judicial district would not require funding from the cost containment pool, provided for in 41-5-132, in the same fiscal year in which the annual allocation is made under this subsection (6)(b).
     (7) A judicial district that intends to expend funds from its annual allocation on an out-of-home placement, program, or service for a person who is 18 years of age or older shall submit to the cost containment review panel a plan describing how the funds will be used. The cost containment review panel shall approve or disapprove the plan. If the plan is approved, the judicial district may expend funds from its annual allocation to implement the plan.
     (8) At the end of each fiscal year, after all valid obligations have been paid or encumbered for payment, the department shall transfer any unexpended funds from the judicial districts' annual allocations provided for in this section to the office of court administrator for deposit into the youth court intervention and prevention account provided for in 41-5-2011.

     History: En. Sec. 11, Ch. 587, L. 2001; amd. Sec. 3, Ch. 482, L. 2005; amd. Sec. 6, Ch. 398, L. 2007.