State-funded juvenile detention centers would accept outside referrals

A state-funded local detention facility would have to accept a juvenile referred by another locality. This applies to any locality or commission that operates a juvenile secure detention facility and receives state funds under the cited law. A facility may refuse if security concerns or urgent staffing or other operating problems, including a lack of beds, make placement infeasible. A referred juvenile may not take a bed from a juvenile who lives in the receiving locality.

The referring locality would cover certain costs and responsibilities when its juvenile is placed elsewhere. These rules apply when a locality or commission accepts a juvenile referred from another locality under the placement provision. The referring locality would pay medical expenses unless the localities agree otherwise. If the juvenile injures a facility employee at work, the referring locality would count as the employer for workers’ compensation purposes. Sheriff’s departments affected by the placement, including by extra transportation, would be compensated, and their funding would be prioritized. The receiving locality would set the daily placement cost under the cited law.

The Department of Juvenile Justice could cut or stop a locality’s or commission’s state funding for refusing an outside placement. This applies to a locality or commission that receives state funding for a juvenile secure detention facility. The Department may take this action only when the refusal is for a reason other than security concerns or urgent staffing or other operating problems. The funding that may be cut or stopped includes money for facility operations and education programs.

The Department could designate up to three detention facilities to provide added support and services to high-needs or high-risk juveniles. The provision covers up to three juvenile secure detention facilities and juveniles identified as high-needs or high-risk. The Department may increase funding or provide other resources to the localities or commissions operating designated facilities.