2006 Ohio Revised Code - 5139.41. Procedure for expending appropriation for care and custody of felony delinquents.

§ 5139.41. Procedure for expending appropriation for care and custody of felony delinquents.
 

On and after January 1, 1995, the appropriation made to the department of youth services for care and custody of felony delinquents shall be expended in accordance with a formula that the department shall develop for each year of a biennium. The formula shall be consistent with sections 5139.41 to 5139.45Å of the Revised Code and shall be developed in accordance with the following guidelines: 

(A) The department shall set aside at least three per cent but not more than five per cent of the appropriation for purposes of funding the contingency program described in section 5139.45Å of the Revised Code and of use in accordance with that section. 

(B) (1) After setting aside the amount described in division (A) of this section, the department shall set aside twenty-five per cent of the remainder of the appropriation and use that amount for the purpose described in division (B) (2) of this section and to pay certain of the operational costs associated with, and to provide cash flow for, the following: 

(a) Institutions; 

(b) The diagnosis, care, or treatment of felony delinquents at institutions, facilities, or centers pursuant to contracts entered into under section 5139.08 of the Revised Code; 

(c) Community corrections facilities constructed, reconstructed, improved, or financed as described in section 5139.36 of the Revised Code for the purpose of providing alternative placement and services for felony delinquents who have been diverted from care and custody in institutions. 

(2) The department may use a portion of the twenty-five per cent of the remainder of the appropriation set aside pursuant to division (B) (1) of this section for administrative expenses incurred by the department in connection with the felony delinquent care and custody program described in section 5139.43 of the Revised Code and the associated contingency program described in section 5139.45Å of the Revised Code. 

(C) After setting aside the amounts described in divisions (A) and (B) (1) of this section, the department shall set aside the amount of the appropriation that is equal to twenty-five per cent of the amount that is calculated by multiplying the per diem cost for the care and custody of felony delinquents, as determined pursuant to division (D) of section 5139.42/DÅ of the Revised Code, by the number of bed days that the department projects for occupancy in community corrections facilities described in division (B) (1) (c) of this section. The department shall use the amount of the appropriation that is set aside pursuant to this division to pay the percentage of the per diem cost for the care and custody of felony delinquents who are in the care and custody of community corrections facilities described in division (B) (1) (c) of this section for which the department is responsible under sections 5139.41 to 5139.45Å of the Revised Code. 

(D) After setting aside the amounts described in divisions (A) to (C) of this section, the department shall set aside the amount of the appropriation that is necessary to pay seventy-five per cent of the per diem cost of public safety beds and shall use that amount for the purpose of paying that per diem cost. 

(E) After setting aside the amounts described in divisions (A) to (D) of this section, the department shall use the remainder of the appropriation in connection with the felony delinquent care and custody program described in section 5139.43 of the Revised Code, except that, for fiscal year 2002 and fiscal year 2003 and only for those two fiscal years, the total number of beds available to all counties via public safety beds and county allocations shall not be less than the total beds used by all the counties during fiscal year 2000 funded by care and custody chargebacks (Line Item 401) and as public safety beds. 

(F) If the department's appropriation for a fiscal year is subsequently revised by law or its expenditures ordered to be reduced by executive order under section 126.05 of the Revised Code, the department may adjust the amounts described in divisions (A) to (E) of this section in a manner consistent with the revision or reduction. 
 

HISTORY: 145 v H 152 (Eff 7-1-93); 145 v H 715 (Eff 7-22-94); 146 v H 117 (Eff 6-30-95); 146 v H 670 (Eff 12-2-96); 148 v S 179, § 3. Eff 1-1-2002; 150 v H 40, § 1, eff. 3-7-03; 150 v H 95, § 1, eff. 9-26-03.
 

Not analogous to former RC § 5139.41 (133 v H 700), repealed 136 v H 155, § 49, eff 6-29-75.

The effective date is set by section 179 of H.B. 95 (150 v  - ). 
 

Å As enrolled. RC § 5139.45 has been repealed by 150 v H 95, effective 6-26-03. 

/DÅ As enrolled. RC § 5139.42 has been repealed by 150 v H 95, effective 6-26-03. 

 

Effect of Amendments

H.B. 40, Acts 2003, effective March 7, 2003, added (F). 

H.B. 95, Acts 2003, effective September 26, 2003, rewrote the section.