RS 46:2610

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RS 46:2610

§2610. Community-based, school-based, and regionally based sanctions and services grant program

A. The legislature hereby finds that the state's over-reliance on juvenile incarceration, especially in large correctional institutions, is contrary to the best interests and well-being of juveniles and frequently inconsistent with the state and federal law requiring intervention by the least restrictive method. The legislature further finds that the lack of available alternatives within local communities is a significant factor in the over-incarceration of juveniles in such large correctional facilities.

B. To address such lack of available alternatives to the incarceration of juveniles, the legislature declares it to be the policy of the state of Louisiana to assist in the development and establishment of a community-based, school-based, and regionally based system of progressive intensive sanctions and treatment programs and services for juveniles who have committed or are at risk of committing delinquent acts.

C. The purposes of this Section shall be to assist in the provision of appropriate preventive, diversionary, and dispositional alternatives for juveniles, encourage coordination of the elements of the juvenile services system, and provide an opportunity for local involvement in developing community-based, school-based, and regionally based programs for juveniles so that the following objectives may be obtained:

(1)Improved deterrence of juvenile crime by providing immediate, effective, and more cost-effective sanctions that emphasize accountability for the juvenile offender for his actions and reduce the pattern of repeat offending.

(2)Preservation of the family unit whenever the best interests of the juvenile are served and such preservation does not place the juvenile at imminent risk.

(3)Limitation on intervention to those actions which are necessary and the utilization of the least restrictive yet most effective and appropriate resources.

(4)Encouragement of active family participation, except when the best interests of the juvenile indicates otherwise.

(5)Treatment in the community rather than commitment to a distant correctional facility, except when the best interests of the juvenile indicates otherwise.

(6)Assistance in the development of alternatives to secure temporary custody for juveniles who do not require secure detention.

(7)Encouragement of a public and private partnership in the design and delivery of services for juveniles.

(8)Encouragement of parental responsibility and the provision of community-based sanctions and services for juveniles and their families, holding child and family accountable for their behavior.

(9)Encouragement of the principles and practices of balanced and restorative justice.

D.(1) To be eligible for participation in this services grant program, a parish or municipal governing authority, a court or other governmental entity, or a school system shall adopt a plan for their jurisdiction based on the principles of the comprehensive strategy and balanced and restorative justice and as required by the guidelines to be prepared and promulgated by the cabinet and approved by the legislature. The applicant entity shall submit its plan to the cabinet at such times and in advance of such deadlines as defined by the cabinet.

In the event a single state entity is created pursuant to R.S. 46:2757, oversight and administration of this program shall be transferred to said entity.

(2)Plans may also be submitted jointly by two or more parishes, municipal governments, courts, or school boards within any regional service area.

E. After approval of an applicant's plan, an applicant may submit, at times specified by the cabinet, a proposal for funding one or more community-based, school-based, or regionally based sanctions or pre-dispositional and post-dispositional services that are consistent with the applicant's plan and that are nationally validated exemplary or promising programs as indicated in the guidelines promulgated by the cabinet or, after its creation, the department.

F. A parish or municipal governing authority, court or other governmental entity, or a school system may contract with an independent, private for-profit or not-for-profit organization to provide the community-based, school-based, or regionally based services contained in the applicant's plan; however, the request for funding of one or more of the approved services or programs shall contain a statement regarding the existence of such contract and its terms.

G.(1) To receive funding for a grant, applicants must provide a cash match based on a percentage of total cost not to exceed twenty percent as indicated in the schedule of match percentages to be provided by the cabinet in its programmatic guidelines.

(2)Funding requests for approved plans submitted jointly by two or more parishes, municipal governments, courts, or school boards within a regional service area shall be given preference for funding should funds be limited.

H. Each recipient shall report quarterly to the director of the cabinet such data as may be required by the cabinet or the department to measure progress on stated objectives and to evaluate programs and services provided by each recipient.

Acts 2003, No. 1225, §6.