Counties must pay for juvenile facilities

Some news from The Indiana Lawyer from last week on costs of paying juvenile justice costs, Counties must pay for juvenile facilities:

"Indiana counties are responsible to pay a portion of costs to operate juvenile detention facilities, the Indiana Court of Appeals decided today.

The appellate court reached that decision in Marion County and St. Joseph County, Indiana v. State of Indiana, et al., No. 73A01-0705-CV-238, affirming summary judgment in favor of the state.

Marion and St. Joseph counties filed a lawsuit seeking relief from their debts to the state for costs of operating juvenile detention facilities after the state attempted to collect arrearages from the counties. The two counties - which owed a total of $75 million - sought declaratory and injunctive relief and restitution on all of their payments since 1995.

They claimed Article 9, Section 2 of the Indiana Constitution requires the state to pay the total cost of operation. The appellate judges examined Article 9, which states, 'The General Assembly shall provide institutions for the correction and reformation of juvenile offenders.' The text of this article doesn't specify how the General Assembly will determine the method of funding, wrote Judge Melissa May."