41-5-132. Cost containment pool -- allocation of appropriated funds -- authorization of allocation from pool -- transfer of unexpended funds. (1) (a) The department shall establish a cost containment pool. After considering the cost containment review panel's recommendation as provided for in subsection (1)(b), the department shall allocate to the cost containment pool at the beginning of each fiscal year not less than $1 million from the funds appropriated for juvenile placements.
     (b) The cost containment review panel shall submit to the department a recommended amount to be allocated to the cost containment pool at least 1 month prior to the start of each fiscal year. The cost containment review panel shall establish a methodology for determining the recommended amount to be allocated to the cost containment pool.
     (2) According to criteria and procedures adopted by the cost containment review panel, the cost containment review panel may authorize an allocation from the cost containment pool to a judicial district that has exceeded its annual allocation under 41-5-130 for juvenile out-of-home placements, programs, and services. The judicial district shall request an allocation from the cost containment review panel before exceeding its annual allocation.
     (3) (a) According to criteria and procedures established by the cost containment review panel, the cost containment review panel may authorize an allocation from the cost containment pool to the department for a request submitted under subsection (3)(b).
     (b) The department may request at the end of the fiscal year that the cost containment review panel reimburse the department from the cost containment pool for costs incurred under 41-5-1504(3) for placing a youth found to be suffering from a mental disorder, including costs for transporting the youth. Before requesting reimbursement, the department shall expend its state youth correctional facility budgets for mental health placements and any parental contributions or federal funds, for which the department has spending authority, or private insurance payments received for treatment.
     (4) In addition to any disbursement made by the cost containment review panel under subsection (2) or (3), the department may expend funds from the cost containment pool to reimburse cost containment review panel members or alternates for travel expenses, as provided in 2-18-501 through 2-18-503, and to pay the actual costs incurred in conducting a cost containment review panel meeting, excluding salary and benefits for employees providing support services to the cost containment review panel.
     (5) The department shall transfer any amount remaining in the cost containment pool at the end of each fiscal year to the office of court administrator for deposit in the youth court intervention and prevention account provided for in 41-5-2011.

     History: En. Sec. 20, Ch. 587, L. 2001; amd. Sec. 8, Ch. 398, L. 2007.