1. (a) When a county reduces its budgeted bed capacity, the Department shall calculate that county's commitment limit for the subsequent twelve months. That limit shall be determined by applying the county's fiscal year 1990-91 rate of commitments to its juvenile population estimate for the twelve months following the month of reduction, using an estimate as defined in Section 4364.11(e).
2. (b) For the subsequent twelve months after capacity reduction, each person committed after reaching that county's commitment limit shall be considered an excess commitment, subject to career-cost reimbursement by the county through redirection of funds to the Department.
3. (c) That reimbursement shall include all career costs of each excess case until each of those wards is discharged from Departmental jurisdiction. For each excess case: (1) each day of that ward's institutional placement shall be assessed a cost equal to the Department's average daily per capita institutional cost for the last completed fiscal year; (2) each day of that ward's parole placement shall be assessed a cost equal to the Department's average daily per capita parole cost for the last completed fiscal year; and (3) all time spent on that case, including the development and assessment of records, by the Youthful Offender Parole Board shall be assessed the actual cost of that time.
4. (d) If a county is determined to have any excess commitments subject to reimbursement pursuant to Section 4364.21(b), the procedures and calculations of this Section shall be repeated for every subsequent 12-month period.
5. (e) Prior to any redirection of funds based on this subchapter, the Department shall provide to the county all applicable data, including commitment and population data, and consult with the county concerning that data.

The following procedure and calculations shall be used to determine actual costs for the purpose of redirecting funds to the Department pursuant to this Subchapter.

Note: Authority cited: Sections 881.5, 885, 1712(b) and 1752.7, Welfare and Institutions Code. Reference: Sections 880, 881.5, 885, 886, 886.5, 888 and 17602, Welfare and Institutions Code.

History

1. New section filed 6-10-94; operative 7-11-94 (Register 94, No. 23).