This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0716 - Certification & Commitment of Juvenile Offenders
L.R. NO.  2627-01
BILL NO.  SB 716
SUBJECT:  Juvenile Offenders
TYPE:     Original
DATE:     January 16, 1996



                              FISCAL SUMMARY
                    ESTIMATED NET EFFECT ON STATE FUNDS


FUND AFFECTED              FY 1997             FY 1998           FY 1999
General Revenue*        $9,190,209          $3,620,596        $5,683,223

Total Estimated
Net Effect on All
State Funds             $9,190,209          $3,620,596        $5,683,223
*Cost Avoidance



                   ESTIMATED NET EFFECT ON FEDERAL FUNDS


FUND AFFECTED              FY 1997             FY 1998           FY 1999
Federal*                  $882,973          $1,078,002        $1,870,235

Total Estimated
Net Effect on All
Federal Funds             $882,973          $1,078,002        $1,870,235
*Cost Avoidance


                    ESTIMATED NET EFFECT ON LOCAL FUNDS


FUND AFFECTED              FY 1997             FY 1998           FY 1999
Local Government                $0                  $0                $0


                              FISCAL ANALYSIS

ASSUMPTION

The Office of State Courts Administrator (CTS), the State Public Defender
(SPD), the Office of Prosecution Services (OPS), the Attorney General (AGO)
and the Department of Corrections (DOC) do not expect to be fiscally
impacted.

Based on conversations with the Department of Social Services (DOS), the
Division of Youth Services (DYS) anticipates a cost avoidance as a result of
this proposal.  This proposal would make changes to HB 174 (612-17T) passed
during the 1995 legislative session by removing the length of stay
requirements which fiscally impacted DYS.  The cost avoidance would relate to
an additional 55 beds; intensive supervision; JOBS program; capital
improvements; and corresponding staff requirements.

In HB 174, DYS assumed that an additional 55 beds would be needed as a result
of the length of stay guidelines.  This equated to 2-30 bed facilities with
corresponding staff.  The capital improvement costs were estimated at
$6,095,834 to be incurred in FY96, with the staff going on-line in FY98.
Oversight had adjusted the staffing requirements.  The costs would now be a
cost avoidance, totalling $6,095,834 in FY97; $0 in FY98; and $2,729,550 in
FY99.

Additionally, since a judge had discretion to commit a child to DYS custody
for a specific length of time it was assumed that not only would the length
of stay in residential care increase, but so would the amount of time a youth
was in aftercare.  The current length of stay in aftercare was approximately
four months, but as a result of HB 174, the average length of stay expanded
to nine months.  This meant that the number of case managers needed would
double and additional money would be needed for intensive case monitoring and
the JOBS program.

DYS estimated intensive supervision costs at $1,112,000 in FY96; $1,145,360
in FY97; and $1,179,721 in FY98.  DYS assumed that these costs would provide
an additional 260 youth 320 hours of intensive supervision services. However,
based on FY95 budgetary information, Oversight adjusted the costs for
intensive supervision.  According to DYS's FY95 budget request, the average
youth received 160 units of service at $14 per hour.  Using the DYS estimate
of 260 youth and adjusting the per hour cost by 3% for inflation, the
estimated costs would have been $599,872 in FY96; $617,868 in FY97; and
$636,404 in FY98.  These costs would now be a cost avoidance and occur in
FY97, FY98 and FY99.

DYS assumed that a total of 96 FTE (i.e., 64-Service Coordinator II, 24-Clerk
Steno III and 8-Service Treatment Supervisors) would be required to perform
the intensive supervision.  Costs associated with the 96 FTE were $3,153,475
in FY96; $3,850,000 in FY97; and $3,949,862 in FY98.  These costs would now
be a cost avoidance and occur in FY97, FY98 and FY99.

DYS also indicated costs for the JOBS program, totalling $224,000 in FY96;
$230,720 in FY97; and $237,642 in FY98.  DYS assumed costs to serve 123
youths for an average of four months with 41 JOB slots.  A 3% inflationary
factor was included.  These costs would be an avoidance and occur in FY97,
FY98 and FY99.

The total cost avoidance for DYS would be $10,073,182 in FY97; $4,698,598 in
FY98; and $7,553,458 in FY99.

FISCAL IMPACT - State Government      FY 1997      FY 1998      FY 1999
                                     (10 Mo.)

GENERAL REVENUE

Cost Avoidance-Department of Social Services
Division of Youth Services (DYS)
Case Management
  Personal Service (69.12 FTE)     $1,400,695   $1,723,544   $1,766,633
  Fringe Benefits                    $430,574     $529,818     $543,063
  Expense and Equipment              $439,234     $518,646     $534,205
Total Avoidance-DYS                $2,270,503   $2,772,008   $2,843,901

2-30 Bed Facilities
  Personal Service (37.8 FTE)              $0           $0     $897,142
  Fringe Benefits                          $0           $0     $272,782
  Expense and Equipment                    $0           $0     $792,352
Total Avoidance-DYS                        $0           $0   $1,965,276

Capital Improvement                $6,095,834

Intensive Supervision                $599,872     $617,868     $636,404

JOBS Program                         $224,000     $230,720     $237,642


ESTIMATED NET EFFECT ON
GENERAL REVENUE FUND               $9,190,209   $3,620,596   $5,683,223

FEDERAL

Cost Avoidance-Department of Social Services
Division of Youth Services (DYS)
Case Management
  Personal Service (26.88 FTE)       $544,715     $670,267     $687,024
  Fringe Benefits                    $167,445     $206,040     $211,191
  Expense and Equipment              $170,813     $201,695     $207,746
Total Avoidance-DYS                  $882,973   $1,078,002   $1,105,961

2-30 Bed Facilities
  Personal Service (14.7 FTE)              $0           $0     $348,889
  Fringe Benefits                          $0           $0     $107,248
  Expense and Equipment                    $0           $0     $308,137
Total Avoidance-DYS                        $0           $0     $764,274

ESTIMATED NET EFFECT ON
FEDERAL FUND                         $882,973   $1,078,002   $1,870,235

FISCAL IMPACT  - Local Government     FY 1997      FY 1998      FY 1999
                                     (10 Mo.)
                                           $0           $0           $0

DESCRIPTION

The proposal would amend sections pertaining to juvenile offenders.  The
primary components of the proposal are as follows.

Racial disparity would no longer be a factor considered in the certification
process.

The authority of the court to direct placement with the Division of Youth
Services (DYS) concerning the child's length of stay would be removed.

The court would no longer be able to set forth in the order of commitment the
minimum period of time a child would be held in DYS custody and the
Department of Social Services (DOS) would no longer be required to hold the
child until the length of stay expired.

The juvenile court could exercise jurisdiction over a child placed in a
family home and could commit the child for an indeterminate period of time.

This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.

SOURCES OF INFORMATION

Department of Social Services
Department of Corrections
State Public Defender
Office of State Courts Administrator
Attorney General
Office of Prosecution Services