DAR File No. 43804

Human Services, Juvenile Justice Services

Rule R547-15

Formula for Reform Savings

Notice of 120-Day (Emergency) Rule

DAR File No.: 43804
Filed: 06/13/2019 03:20:01 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In accordance with H.B. 404 passed in the 2019 General Session and Section 62A-7-113, this proposed rule provides a formula to calculate the savings from general fund appropriations resulting from out-of-home placements for youth offenders with the Division of Juvenile Justice Services (Division). This formula is needed for the upcoming fiscal year, which begins 07/01/2019, and the Division anticipates having this emergency rule in place prior to closeout.

Summary of the rule or change:

This emergency rule is being submitted simultaneously with the proposed version. This rule establishes the authority and purpose, which is required by Section 62A-7-113 and authorized by Title 63G, Chapter 3, the Utah Administrative Rulemaking Act. This proposed rule also provides the following definitions that are used in the established formula: out-of-home placements, lapsing funds, and average nightly count. Lastly, this rule establishes a formula to calculate the savings from general fund appropriations resulting from out-of-home placements for youth offenders with the Division. (EDITOR'S NOTE: The corresponding proposed Rule R547-15 is under Filing No. 43805 in this issue, July 1, 2019) of the Bulletin.)

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

Justification: The Division will need to be in line with H.B. 404 (2019) and Section 62A-7-113 prior to the upcoming fiscal year. This proposed rule provides a formula to calculate the savings from General Fund appropriations resulting from out-of-home placements for youth offenders with the Division. This formula is necessary for the upcoming fiscal year and will need to be in place prior. This emergency rule is being filed simultaneously with the official proposed Rule R547-15.

Statutory or constitutional authorization for this rule:

• Section 62A-7-113

Anticipated cost or savings to:

the state budget:

This rule is not expected to have any fiscal impact to the state budget. Any administrative costs associated with enactment of this rule and procedure is negligible and would be absorbed by the existing budget.

local governments:

It is not anticipated that local governments will see any fiscal impact from this rule or the formula that is established within it.

small businesses:

Small businesses are not impacted by the formula that is established within this proposed rule.

persons other than small businesses, businesses, or local governmental entities:

Persons other than small businesses, businesses, or local government entities are not impacted by the formula that is established within this proposed rule.

Compliance costs for affected persons:

There are no anticipated compliance costs as this rule does not provide an impact to any persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses.

Ann Williamson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Human Services
Juvenile Justice Services
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Jonah Shaw at the above address, by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov
• Abbielee Gardner at the above address, by phone at 801-538-3961, by FAX at , or by Internet E-mail at abbieleegardner@utah.gov
• Laura Powell at the above address, by phone at 801-538-4365, by FAX at , or by Internet E-mail at laurapowell@utah.gov

This rule is effective on:

06/13/2019

Authorized by:

Ann Williamson, Executive Director

R547. Human Services, Juvenile Justice Services.

R547-15. Formula for Reform Savings.

R547-15-1. Authority and Purpose.

Section 62A-7-113 requires the division to create a rule to establish a formula calculating the savings from General Fund appropriations resulting from out-of-home placements for youth offenders with the division.

 

R547-15-2. Definitions.

(1) Definitions:

(a) Out-of-home placements means division programs consisting of:

(i) Detention as defined in 62A-7-101

(ii) Long-term secure care

(iii) Residential community placements

(b) Lapsing funds means funds unspent during a fiscal year that are not designated as non-lapsing.

(c) Average Nightly Count means the average number of youths enrolled at midnight in a program for a specified time period.

 

R547-15-3. Formula.

(1) Formula:

(a) For the JJS Programs and Operations line item and the DHS Community Providers Line item:

(i) At the end of each fiscal year, the Division of Finance shall transfer the lesser of the lapsing balance in each line item or:

(ii) An amount to be determined based on calculating the percent reduction in average nightly counts of youth in out of home placements from the base year of 2017 to the current year, multiplied by total year end expenditures.

(A) ((FY17-Current FY)/FY17)*Current FY Expenditures

 

KEY: human services, reinvestment, formula, Juvenile Justice Services

Date of Enactment or Last Substantive Amendment: June 13, 2019

Authorizing, and Implemented or Interpreted Law: 62A-7-113