DAR File No. 43805

Human Services, Juvenile Justice Services

Rule R547-15

Formula for Reform Savings

Notice of Proposed Rule

(New Rule)

DAR File No.: 43805
Filed: 06/13/2019 03:20:51 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In accordance with H.B. 404 passed during 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).

Summary of the rule or change:

This proposed 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: A corresponding 120-day (emergency) rule that is effective as of 06/13/2019 is under Filing No. 43804 in this issue, July 1, 2019, of the Bulletin.)

Statutory or constitutional authorization for this rule:

• Section 62A-7-113

Anticipated cost or savings to:

the state budget:

This proposed 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 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

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/31/2019

This rule may become effective on:

08/07/2019

Authorized by:

Ann Williamson, Executive Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

This proposed rule is not expected to have any fiscal impacts on non-small businesses' revenues or expenditures, because this rule's purpose is to establish a formula to calculate savings from general fund appropriations resulting from out-of-home placements for youth offenders with the Division. This rule does not impact or affect non-small businesses.

 

The head of the Department of Human Services, Ann Williamson, has reviewed and approved this fiscal analysis.

 

 

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: 2019

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