DJJ Escapes Draconian Budget Cuts, But Still Faces New Belt Tightening

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Governor Nathan Deal’s first State of the State address is making headlines for his promise to end teacher furloughs, prioritize K-12 education, and rescue HOPE scholarships.  A close reading of his new budget plans should also give the 4,200 employees of the Department of Juvenile Justice a little breathing room, but not much. As we reported last week, the agency has already lost more than 20% of its funding in the last 3 years, and doing more with less.  While the cutting continues, it won’t be as severe as it might have been.  Here are the numbers for both the amended 2011 budget and the 2012 budget:

The amended FY2011 budget calls for 4% in reductions, totaling $10.5 Million. Eleven full time positions will be sliced agency wide, but nine of those are currently vacant. Youth Detention Centers face about $3.3Million in cuts, including:

Hiring freeze to save $1.25 Million.

HR 9: Murders Motivate New State-wide Plan to Study Teen Violence

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The unprovoked murder of two teenagers at house parties in the Atlanta-area, is fueling a plan to study the causes of teen violence.  Georgia State Representative Roger Bruce has pre-filed a resolution at the Capitol calling for a Joint Teen Violence Study Commission.  The six-member commission will study teen violence and make recommendations to the legislature. Resolution HR9, calls for the Speaker of the House, the President of the Senate, and the Governor to each choose two members for the Commission, with a chair appointed by the Governor. Their mission will be to gather insight from experts in juvenile justice and child welfare as well as crime victims and teen perpetrators.

Federal Funds Available to Help Foster Kids

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The federal government is now pushing states to take part in two foster care programs that support guardianship placements and the extension of foster care up to age 21. The two programs are part of the Fostering Connections to Success and Increasing Adoptions Act, which was passed in 2009 and allows for federal IV-E funds to be more freely used, according to Youth Today. According to the Act, teens will be eligible for these funds if they continue their education or get a job among other things. As JJIE.org reported last month, more than 700 fostered teens in Georgia turn 18 this year and face an uncertain future, and a quarter of young people who age out become homeless within two years. But Georgia has apparently not applied for the money that might help them.

Doing More with Less: What DJJ Budget Cuts Really Mean for Children

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As Georgia faces its greatest budget crisis since the Great Depression, the state Department of Juvenile Justice (DJJ) has been forced to make drastic budget cuts.  The last three years have seen a reduction of more than 20% in state funding.  And future cuts of up to 10% for FY 2012 are possible. Jeff Minor, long time DJJ Chief Financial Officer, explains these losses in stark terms:

In FY 2009, DJJ’s base budget totaled nearly $343 million.  By 2011, the budget was down to $266 million. The FY 2012 budget faces further cuts, from $15.4 million in a best case scenario to $25.7 million in a worst case scenario. Over a three year period, the cuts could total nearly 30%. In addition, says Minor, the agency lost more than $80 million in one-time budget cuts, largely absorbed through staff furloughs and hiring freezes.

Miley Cyrus Bong Video Sparks New Debate About Salvia Drug

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Interest in the hallucinogenic drug salvia exploded this weekend when a video of teen pop sensation Miley Cyrus using salvia hit the Internet Friday. Salvia divinorum is a member of the sage family and users smoke it like a cigarette, chew it, or smoke it in a pipe or bong. It’s legal for adults in the state of California, where Cyrus was videoed inhaling it through a bong. The video comes from TMZ.com. Sales of the substance have tripled since the video went public, according to Fox News.

O.C.G.A. ß 16-13-72 (2010): Dangerous Drugs

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OFFICIAL CODE OF GEORGIA ANNOTATED

Copyright 2010 by The State of Georgia

All rights reserved. *** Current Through the 2010 Regular Session ***

*** Annotations Current Through September 24, 2010 ***

TITLE 16.  CRIMES AND OFFENSES

CHAPTER 13.  CONTROLLED SUBSTANCES

ARTICLE 3.  DANGEROUS DRUGS

Go to the Georgia Code Archive Directory

O.C.G.A. ß 16-13-72  (2010)

ß 16-13-72.  Sale, distribution, or possession of dangerous drugs

Except as provided for in this article, it shall be unlawful for any person, firm, corporation, or association to sell, give away, barter, exchange, distribute, or possess in this state any dangerous drug, except under the following conditions:

(1) A drug manufacturer, wholesaler, distributor, or supplier holding a license or registration issued in accordance with the Federal Food, Drug, and Cosmetic Act and authorizing the holder to possess dangerous drugs may possess dangerous drugs within this state but may not distribute, sell, exchange, give away, or by any other means supply dangerous drugs without a permit issued by the State Board of Pharmacy. Any drug manufacturer, wholesaler, distributor, or supplier holding a permit issued by the State Board of Pharmacy may sell, give away, exchange, or distribute dangerous drugs within this state, but only to a pharmacy, pharmacist, a practitioner of the healing arts, and educational institutions licensed by the state, or to a drug wholesaler, distributor, or supplier, and only if such distribution is made in the normal course of employment;

(2) A pharmacy may possess dangerous drugs, but the same shall not be sold, given away, bartered, exchanged, or distributed except by a licensed pharmacist in accordance with this article;

(3) A pharmacist may possess dangerous drugs but may sell, give away, barter, exchange, or distribute the same only when he compounds or dispenses the same upon the prescription of a practitioner of the healing arts. No such prescription shall be refilled except upon the authorization of the practitioner who prescribed it;

(4) A practitioner of the healing arts may possess dangerous drugs and may sell, give away, barter, exchange, or distribute the same in accordance with Code Section 16-13-74;

(4.1) A physician in conformity with Code Section 43-34-23 may delegate to a nurse or a physician assistant the authority to possess vaccines and such other drugs as specified by the physician for adverse reactions to those vaccines, and a nurse or physician assistant may possess such drugs pursuant to that delegation; provided, however, that nothing in this paragraph shall be construed to restrict any authority of nurses or physician assistants existing under other provisions of law;

(4.2) A registered professional nurse licensed under Article 1 of Chapter 26 of Title 43 who is employed or engaged by a licensed home health agency may possess sterile saline, sterile water, and diluted heparin for use as intravenous maintenance for use in a home health setting, and such nurse may administer such items to patients of the home health agency upon the order of a licensed physician. The State Board of Pharmacy shall be authorized to adopt regulations governing the storage, quantity, use, and administration of such items; provided, however, nothing in this paragraph or in such regulations shall be construed to restrict any authority of nurses existing under other provisions of law;

(4.3) Possession, planting, cultivation, growing, or harvesting of Salvia divinorum or Salvia divinorum A strictly for aesthetic, landscaping, or decorative purposes;

(5) A manufacturer's sales representative may distribute a dangerous drug as a complimentary sample only upon the written request of a practitioner.

New DJJ Policy Lowers Costs, Raises Concerns

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Thanks to a new Department of Juvenile Justice (DJJ) policy overcrowding is no longer an option in Georgia’s Regional Youth Development Centers (RYDCs). There are concerns, however, that the mandate to maintain a smaller number of kids in facilities could potentially become an expensive logistical nightmare for law enforcement. Now when RYDCs reach the new lowered population levels, law enforcement officers are required to drive the juveniles to the nearest available facility – whether it’s 10 or 100 miles away. “Concerns have been raised that there are going to be longer trips and it’s going to cost more to move kids from one center to the other and to transport them to court, “ said Rob Rosenbloom, DJJ Deputy Commissioner. “It’s a legitimate concern, but our hands are tied due to budget constraints.

Congressional Earmarks Fund Georgia Programs for Kids; Future Earmarks in Jeopardy

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The Justice Department has published the list of OJJDP congressional earmarks for the 2010 fiscal year.  Twenty-one programs in Georgia got funding for a total of $3.2 million.  Here are some of the largest awards along with congressional sponsors:

$500,000   City of Valdosta    Sponsors: Rep. Jack Kingston (R-Savannah), Sen. Saxby Chambliss (R-GA)
$300,000   Georgia Bureau of Investigation     Sponsor:  Sen. Johnny Isakson (R-GA)
$250,000    University of West Georgia    Sponsors:  Rep. Phil Gingrey(R-Marietta), Sen. Saxby Chambliss (R-GA)
$250,000    Rockdale County    Sponsors:  Rep. Hank Johnson (D-Lithonia), Rep. David Scott (D-Jonesboro), Sen. Saxby Chambliss (R-GA)
$250,000    Project Rebound, Inc.    Sponsor:  Rep. Sanford Bishop (D-Albany)
$200,000    City of Moultrie Police Department    Sponsors:  Rep. Jim Marshall (D-Macon), Sen. Saxby Chambliss (R-GA)
$150,000    Truancy Intervention Project Georgia, Inc.     Sponsor:  Sen. Johnny Isakson (R-GA)

Earmarks may be on the endangered list next year, according to Youth Today, which tracks federal earmarks for youth projects.  Sen. Jim DeMint (R-SC) and Tea Party supporters want a ban on earmarks. Senate Minority Leader Mitch McConnell (R-KY) and House Speaker John Boehner (R-OH) are also on board. President Obama wants to limit earmarks, and some congressional Democrats facing reelection in 2012 are under pressure to stop the practice. Earmarks aren’t the only source of federal funding for juvenile justice projects. Another $2,480,463 in competitive grants also went to agencies based in Georgia. Here’s that list from OJJDP:

$349,969     Family drug court programs in Chatham County Juvenile Court
$300,000   GBI law enforcement strategies to protect children from commercial sexual exploitation
$409,390    Internet Crimes Against Children Task Force at the GBI
$296,104     Juvenile Drug Courts and Mentoring Initiative in Columbus
$625,000     Young Adult Guidance Center, Inc. for the Second Chance Act Juvenile Mentoring Initiative
$500,000     The Center for Working Families, Inc. for Strategic Enhancement to Mentoring Programs

In addition, $42 million was allocated to the Boys and Girls Clubs for mentoring programs across the nation through their headquarters in Atlanta

Feds Force States to Include Child Sex Offenders on National Registry

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States have until July to pass legislation that requires juveniles to be included on the sex offender registry database. The Sex Offender Registry Notification Act (SORNA), part of the Adam Walsh Act, requires states to register kids and teens, but gives states control on how many and which juveniles are included, according to Youth Today. So far, Florida, Ohio, South Dakota and Delaware are the only states currently in compliance with SORNA. If the other 46 do not comply, they will lose a portion of the Justice Department’s Byrne Grant, which supplies criminal justice systems with millions of dollars. Attorney General Eric Holder has pushed the deadline back twice now, causing frustration among supporters of SORNA.