Counties Role in Juvenile Justice
Counties are in a cost sharing relationship with the Department of Juvenile Justice (DJJ), but have no input on how secure detention is administered. Thus, counties role in juvenile detention is strictly financial. The entire budget for secure detention is just over $133 million, which the state pays roughly $28 million for the state share and $5 million for the fiscally constrained county portion of secure detention. The 37 non-fiscally constrained counties paid the remaining $100 million.
Counties pay for any youth held in secure detention that is:
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Waiting for their case to be disposed of
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Charged with violation of probation
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On violation of a court order, including Failure to Appears (FTA)
The state's share of secure detention is limited to youth who:
The original cost shift legislation passed in 2004, at which point non-fiscally constrained counties became the primary revenue source for the state’s juvenile detention facilities. In theory the breakdown was simple: counties would pay for juvenile offenders before trial and the state would pay for juvenile offenders after their case has been resolved. However, the actual implementation is far from a simple process.
Language in the statute divides the county share and state share using “pre-disposition” and “post-disposition,” terms that are related to the youth’s case status in juvenile court. However, litigation and DJJ’s internal policy decisions have further increased what counties are responsible for paying. Of note, is that the internal policy decision alone permitted the Department to shift $1.5 million in costs to counties during the 2007-08 fiscal year.
How Billing and Reconciliation Works in Florida
The non-fiscally constrained counties are billed monthly based on the Department’s estimates of how many “bed days” youth from each county will spend in detention. Disputes occur quarterly, and are only permitted based on the youth’s address and actual county of residence.
Counties never receive money back when errors are discovered, but rather a credit for their next monthly payment. Since the initial stage of this cost-share experiment, counties have been unable to accurately predict their budgets due to the timeliness of the dispute resolution process, called reconciliation. In fact, each year when the reconciliation is complete some counties receive hundreds of thousands of dollars in bills, and others may receive credits for their next billing cycle. This billing process makes counties ability to plan for such expenditures extremely difficult.
DJJ posts all correspondence regarding the detention cost-share on their website. For questions on cost sharing you may contact Sarrah Troncoso, or the Department's representative, Beth Davis.
Local Options
Detaining non-violent youth lead to unnecessary costs and damage the adolescent’s chances of exiting the criminal justice system, especially since most youth age out of crime. Secure detention should only be reserved for violent and dangerous offenders. Thus, FAC believes Florida should focus efforts to detain the right youth, like habitual violent offenders, and focus on less expensive community alternatives for youth who do not meet detention criteria.
Many judges are left with only two options when a youth violates the law: sending the youth home with family, or sending the youth to secure detention. There is a lack of available alternatives to secure detention for youth who need more supervision than returning home with mom and dad. Fortunately, there are alternatives to detention that are proven to reduce recidivism. Some counties have been experimenting with local options for judges. For example, Hillsborough has a civil citation program, Miami-Dade uses electronic monitoring, and Pinellas uses youth court to provide more guidance for youth involved in the criminal justice system.
A National Standard Begins in Florida - JDAI
Four pilot sites have been selected in Florida to create, or expand upon, local alternatives to secure detention. Using the Juvenile Detention Alternative Initiative, or JDAI, Broward, Duval, Hillsborough and Palm Beach counties will embark on detention reform in Florida giving local judges more options for youth who violate the law. Every jurisdiction that has implemented JDAI has seen a reduction in detention costs, less juvenile crime, and increased public safety.
JDAI has more than 16 years of research that has shown how community-based alternatives to detention can increase public safety and save tax dollars. To read Two Decades of JDAI: From Demonstration Project to National Standard, click here.
Since youth who experience detention are more likely to end up in county jails and prisons as adults, ask about local alternatives for your community. With support from the Governor, the Department of Juvenile Justice, and local leaders, Florida can improve delivery of justice to youthful offenders, improve public safety and save tax dollars.
Additional Resources:
NACo: Juvenile Detention Reform, Guide for County Officials
JDAI Detention Reform Brief 1: A Cost-Saving Approach
JDAI Detention Reform Brief 2: An Effective Public Safety Strategy
JDAI Detention Reform Brief 3: Detention Reform: An Effective Approach to Reduce Racial and Ethnic Disparities in Juvenile Justice
2010 OJP Program Plan: Resources for the Field
Juvenile Detention in Florida Talk Sheet.pdf
Juveniles in County Correctional Facilities.xlsx
2008-09 Detention Cost Sharing Reconcilation.xls
Legislative action needed to end unfair billing by DJJ.pdf