5139.45 [Repealed].

(A) On and after January 1, 1995, the department of youth services shall determine for each year of a biennium the amount to be set aside under division (A) of section 5139.41 of the Revised Code for purposes of the contingency program described in this section.

(B) The primary purpose of the contingency program shall be to ensure that a juvenile court is not precluded from committing a felony delinquent to the department of youth services for care and custody in an institution or a community corrections facility when the juvenile court determines that the commitment is appropriate, the county has exhausted its current and future monthly allocations for the current fiscal year as determined under division (B)(1) of section 5139.43 of the Revised Code, and division (B)(2)(b) of that section applies. Other purposes of the contingency program shall be to ensure that institutions and community corrections facilities are fiscally solvent and to permit the department to cover the amount of any excess described in division (B)(3)(b)(i) of section 5139.43 of the Revised Code and any insufficiency described in division (B)(3)(b)(ii) of that section.

(C)

(1) Except as otherwise provided in division (C)(2) of this section, the department of youth services may submit to the director of budget and management a written petition that requests a grant from the contingency program to support the operating needs of, remedy any cash flow problems of, and otherwise ensure the fiscal solvency of its institutions or to augment the funds of community corrections facilities to ensure that they are fiscally solvent. The department may submit the petition as soon as it becomes aware of an existing or expectant fiscal problem. The director shall review each petition submitted pursuant to division (C)(1) of this section and, to the extent sufficient moneys exist at the time in the contingency program for the awarding of a grant based on the petition, shall award a grant from the program to the department if it demonstrates a purpose described in division (C)(1) of this section.

(2) Without the necessity of submitting a petition as described in division (C)(1) of this section to the director of budget and management and without the necessity for obtaining the prior approval of or a grant from the director, the department of youth services may debit the amount of the appropriation for care and custody of felony delinquents that was set aside for the contingency program pursuant to division (A) of section 5139.41 of the Revised Code when the circumstances described in division (B)(2)(b) or (3)(b)(i) or (ii) of section 5139.43 of the Revised Code exist.

Effective Date: 12-02-1996