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State Mandated Cost SB 90State ReimbursementAPPROVAL REQUIRES: PBMA Exec.LAST ISSUED: REVISED: Funds Type: ? Juvenile ? Adult? BothDISCLAIMER:This revenue guide is intended for informational purposes only. This information has been reviewed by PBMA; however, it has not been validated by the applicable State Agency. PURPOSEGovernment Code (GC) sections 17500 through 17617 provide for the reimbursement of costs incurred by local agencies for costs mandated by the State. These are costs that local agencies are required to incur after July 1, 1980, as a result of any statute enacted after January 1, 1975, or any executive order implementing such statute which mandates a new program or higher level of service of an existing program. This Revenue Guide is specific to a reimbursable program specific to Probation departments - Domestic Violence Treatment Services — Authorization and Case Management, Program No. 177.There are over 20 mandated cost programs a County can file to seek reimbursement for. To review a list of programs counties are eligible to claim reimbursement, which may change from year to year, see the State Controller’s website (sco.) for more information and click on the following:?“State and Local” link located near the top of the web page;?Then click “Local Government”;?Then click “Local Reimbursements”?Then click “State-Mandated Programs”?The claiming instructions and claim forms are located Under “Annual Manuals.” ?Click on “Fiscal Year 2015-16” or later for most recent ManualFor additional information on the legislation that mandated the reimbursable activities, see the Statement of Decision located on the Commission on State Mandates webpage () for each mandated program.BACKGROUND/DESCRIPTIONThe State Controller’s Office (SCO) is authorized to make payments for costs of mandated programs from amounts appropriated by the State Budget Act, by the State Mandates Claims Fund, or by specific legislation. In the event the appropriation is insufficient to pay claims in full, claimants will receive prorated payments in proportion to the dollar amount of approved claims for the program. Balances of prorated payments will be made when supplementary funds become available.GC section 17564, subdivision (a), states that no claim may be filed pursuant to sections 17551 and 17561, unless such a claim exceeds one thousand dollars ($1,000).The program, Domestic Violence Treatment Services — Authorization and Case Management allows reimbursement for costs associated with a defendant who is convicted of a domestic violence crime and granted probation as part of sentencing, and is required to successfully complete a batterer’s treatment program as a condition of probation. The reimbursable activities include:Administration and regulation of batterers’ treatment programs (PC §1203.097, subdivision (c)1, (c)2, and (c)5)) offset by the claimant’s fee authority under PC 1203.097, subdivision (c)(5)(B).Development of an approval and annual renewal process for batterers’ programs, not previously claimed under former Penal Code sections 1000.93 and 1000.95. (One-time activity)Meeting and conferring with and soliciting input from criminal justice agencies and domestic violence victim advocacy programs. Staff training regarding the administration and regulation of batterers’ treatment programs. (One-time for each employee performing the mandated activity.)Providing services for victims of domestic violence (PC §1203.097, subdivision (b)(4).The probation department shall attempt to:Notify victims regarding the requirement for the defendant’s participation in a batterer’s program.Notify victims regarding available victim rm victims that attendance in any program does not guarantee that an abuser will not be violent.Staff training on the following activities:Notify victims regarding the requirement for the defendant’s participation in a batterer’s program, and inform victims that attendance in any program does not guarantee that an abuser will not be violent. (One-time for each employee performing the mandated activities.) Notify victims regarding available victim resources. (Once-a-year training for each employee performing the mandated activity.)Assessing the future probability of the defendant committing murder (PC §1203.097, subdivision (b)(3)(I)).Evaluation and selection of a homicidal risk assessment instrument.Purchasing or developing a homicidal risk assessment instrument.Training staff on the use of the homicidal risk assessment instrument.Evaluation of the defendant using the homicidal risk assessment instrument. Interviews and investigation to assess the future probability of the defendant committing murder.In the event a local agency obtains a new homicidal risk assessment instrument, documentation substantiating the improved value of the new instrument is required to be provided with the claim.All direct and indirect costs that can be identified specifically with a particular reimbursable activity can be claimed. Documentation to support direct costs must be kept on hand, unless otherwise specified in the claiming instructions, and made available to the SCO on request. It is the responsibility of the claimant to maintain documentation in the form of general and subsidiary ledgers, purchase orders, invoices, contracts, canceled warrants, equipment usage records, land deeds, receipts, employee time sheets, agency travel guidelines, inventory records, and other relevant documents to support claimed costs.Pursuant to GC section 17558.5, subdivision (a), a reimbursement claim for actual costs filed by a local agency is subject to the initiation of an audit by the SCO no later than three years after the date that the actual reimbursement claim is filed or last amended, whichever is later. However, if no funds were appropriated or no payment was made to a claimant for the program for the fiscal year for which the claim was filed, the time for the SCO to initiate an audit shall commence to run from the date of initial payment of the claim. In any case, an audit will be completed no later than two years after the date that the audit was commenced.AUTHORIZING STATUTEPenal Code Sections 273.5, subdivisions (e), (f), (g), (h) and (i)Penal Code Section 1203.097Statutes 1992, Chapters 183, and 184, Statutes 1993, Chapter 221,Statutes 1993-1994, Chapter 28X, Statutes 1995, Chapter 641ELIGIBILITYAny county, or city and county, as defined in GC section 17515, that incurs increased costs as a result of this mandate is eligible to claim for reimbursement.FUND ACCOUNT NAME/AUTHORITYPursuant to GC section 17561, subdivision (d), reimbursement claims are paid by October 15 or 60 days after the date the appropriation for the claim is effective, whichever is later. In the event the amount appropriated by the Legislature is not sufficient to pay the approved amount in full for a program, claimants will receive a prorated payment in proportion to the amount of approved claims filed on time and on hand at the time of proration.FUNDING SOURCEAppropriation for payment of Mandated Cost Claims are listed each year in the Budget Act. In 2016, appropriation is found in the Budget Act of 2016 (Ch. 23/16), Item 8885-295-0001 (1).A claimant is entitled to receive accrued interest at the PMIA rate for any unpaid subsequent claim amount remaining on August 15 following the filing deadline. Interest shall begin to accrue on August 16 following the filing deadline.RESOURCESSCO’s website with claiming instructions, Domestic Violence Treatment Services – Authorization and Case Management – Program No. 177 INFORMATIONFerlyn Buenafe, Staff Services Manager Napa Countyferlyn.buenafe@(707) 253-4126SCO’s State Mandated Costs - Contact Website ................
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