SB324

ENGROSSED

By Senator Williams

A BILL TO BE ENTITLED AN ACT

To amend Section 12-15-108, Code of Alabama 1975, to provide that a municipality is responsible for half of the expenses of a child under the jurisdiction of the juvenile court if the child resides in a municipality with a specified population; to provide that the law enforcement agency in whose custody a child is initially held or detained is responsible for all transportation costs of the child throughout the period in which the child is under the jurisdiction of the juvenile court; and to provide that the act does not supersede certain local laws in effect on the effective date of the act.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 12-15-108, Code of Alabama 1975, is amended to read as follows:

§12-15-108.

"(a)(1) Except as otherwise provided in this chapter or by local law, all expenses necessary or appropriate to the for carrying out of the purposes and intent of this chapter and all expenses of for the housing, maintenance, and medical care of children under the jurisdiction of the juvenile court pursuant to this chapter that may be incurred by order of the juvenile court in carrying out the provisions and intent of this chapter (, except costs paid by parents, legal guardians, legal custodians, or trustees and court costs as provided by law), shall be valid charges and preferred claims against the county. These claims apportioned equally between the county and municipality in whose custody the child is initially held or detained if the population of the municipality is at least 15 percent of the total population of the county in which the child is initially taken into custody.

"(2) All necessary or appropriate expenses for the housing, maintenance, and medical expenses of a child under the jurisdiction of the juvenile court whose residence is outside the corporate limits of a municipality or within a municipality whose population is less than 15 percent of the total population of the county shall be valid charges and preferred claims against the county. For the purpose of this section, the residence of the child is determined by the physical address at which the child’s parent, legal guardian, or legal custodian resides. County and municipal population is determined by the most recent federal decennial census preceding the juvenile court jurisdiction over the child.

"(3) Notwithstanding subdivisions (1) and (2), the county and any municipality within the county may reach an agreement whereby the municipality assists with the payment of costs for juveniles or contributes to other expenses of the county in lieu of direct payment for the costs of juveniles. Any agreements or arrangements in place on the effective date of the act adding this amendatory language shall remain in place until altered or revoked by mutual agreement of the county and municipality.

"(4) All expenses shall be paid by the county treasurer when itemized and sworn to by the creditor or other persons knowing the facts in the case and when approved by the juvenile court. If a municipality is financially responsible for half of the expenses related to a child as provided in this section, the county shall invoice the municipality for half of all expenses paid by the county. The invoice shall be delivered at least 60 days prior to the date the county shall make payment to any creditor or other person. The municipality shall reimburse the county for its portion of the expenses within 30 days of receipt of an invoice from the county.

"(5) Notwithstanding the foregoing, a municipality shall reimburse the county the actual costs of housing, maintenance, and medical expenses of those children held in a facility utilized by the county for housing children, or other facility licensed by the Department of Youth Services utilized by the county, as a result of a child being cited or detained for an alleged violation of an ordinance of the municipality that is not based on a state criminal statute adopted by the municipality as a municipal ordinance.

"(b) Except where a county and municipality have entered into a written agreement regarding transportation of juveniles, all transportation costs and expenses related to a child under the jurisdiction of the juvenile court shall be the responsibility of the local law enforcement agency in whose custody the child is initially held or detained and shall remain the responsibility of that agency throughout the period in which the child is under the jurisdiction of the juvenile court, terminating only upon the final disposition of his or her case.

"(c)(1) Any local law existing on the effective date of the act adding this subsection that establishes a different or alternative formula for local funding of housing, maintenance, or medical expenses for children under the jurisdiction of the juvenile court shall remain in full force and effect, and where applicable, a local law creating a juvenile fund that receives contributions from the county and municipalities within the county shall be deemed the necessary and proper method for payment of the expenses for the housing, maintenance, and medical expenses of a child under the jurisdiction of the juvenile court until or unless the local law is amended or repealed.

"(2) Nothing in this section prohibits the enactment and implementation of a local law establishing a different or alternative formula for county and municipal cost-sharing of housing, maintenance, or medical expenses for children under the jurisdiction of the juvenile court in the counties and municipalities subject to the local law. Additionally, nothing in this section shall prevent a county and municipality from reaching an agreement to share costs for the housing, maintenance, or medical expenses of a child under the jurisdiction of the juvenile court through direct payments for the costs or through other financial arrangement mutually agreed upon by the county and municipality.

"(d) Where a local law provides revenues for the housing, maintenance, or medical expenses of a child under the jurisdiction of the juvenile court, a municipality financially responsible for one-half of such expenses pursuant to this section shall be granted a credit against that financial responsibility in the amount of one-half of any revenues generated and paid for these purposes pursuant to the local law."

Section 2. This act shall take effect on October 1, 2017, and shall be applicable to any housing, maintenance, and medical expenses or any transportation expenses incurred on and after October 1, 2017, for the benefit of any child under the jurisdiction of the juvenile court.

Juvenile Courts

Children

Counties

Municipalities

Code Amended