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the operations of the Division and render the procedure set up by Chapter 405 meaningless.

Bill Page 418, line 7 through 43, beginning with "Notwithstanding" and

ending with "budget.

NOT APPROVED

DIVISION FOR YOUTH

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care.

"Notwithstanding any contrary provision of law, the division for youth shall

shall provide no later than October fifteenth, nineteen hundred eighty-five a supplement to its annual revision to the five year plan required under section 501 paragraph 8 of the executive law, description of the factors that the division considered in determining

the facilities it requires to operate in state fiscal year nineteen hundred eighty-six--nineteen hundred eighty-seven to serve the youths placed in its

Such supplement shall include but not be limited to a description of the division's estimation of projected youth population demands, facility age and state of repair, suitability of each facility for programming consistent with and appropriate for the types and numbers of youths expected to require services, and the availability of alternative facilities for placing youth or employing staff. The director of the division for youth shall further provide the chairmen

of the senate finance and assembly ways and means committees, no later than February

February first, nineteen hundred eighty-six, a statement describing those factors which resulted in changes to the division's initial determination of the facility requirement reported on October fifteenth, nineteen hundred eighty-five, and the facility requirement as presented in the nineteen hundred eighty-six--nineteen hundred eighty-seven executive budget.'

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This language, to which I object and do not approve, would statutorily require the Division for Youth to provide to the Legislature certain information relating to the Division's management of its facilities. Since the information which the Legislature seeks can be provided through existing administrative

mechanisms, a statutory requirement is unnecessary. The Division for Youth will make every effort to ensure that the Legislature is

provided with the information it needs to monitor the Division's operation of its facilities.

Bill Page 421, line 19 through line 54, inclusive
Bill Page 422, line 3 through line 32, beginning with "The" and ending

with "appropriation", inclusive

NOT APPROVED

DIVISION FOR YOUTH

"The director

of

the division for youth shall, by July first, adopt rules in conformance with the provisions of article two of the state administrative procedure act,

specifying procedures and criteria for selecting eligible delinquency prevention programs. By July first, the division shall notify community agencies and youth bureaus or cause such agencies and bureaus to be notified, by publishing notice in the state register, of the availability of funds from this appropriation and of the existing rules to allocate these funds. The division shall submit copies of all rules or modifications thereto which are pursuant to this appropriation to the chairmen of the senate finance committee and of the assembly ways and means committee. Applications by community agencies for funding pursuant to this appropriation shall be submitted no later than September first. The division for youth shall notify community agencies of final funding determinations

by December first. The director of the division for youth

shall deliver to the chairmen of the senate finance committee and of the assembly ways and means committee later than January first, nineteen hundred eightysix, a report including the list of programs to be in operation in calendar year nineteen hundred eighty-six funded from this appropriation. Included in such report shall be a summary of audits evaluations completed to date, indicating both financial and

programmatic performance. The director of the division for youth

shall notify, by July first, any program funded in calendar year nineteen hundred eighty-five with programmatic manage erial deficiencies which in the division's estimation will result in termination of funding in calendar year nineteen hundred eighty-six. The director of the division for youth shall also provide such agency explanation for

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the division's tentative decision,
well as the means and deadlines by which
such local

agency may remedy its deficiencies. the director of the division for youth shall, by December first, provide all programs funded in calendar year nineteen hundred eighty-five which are not continued in calendar

year nineteen hundred eighty-six with an planation of the basis for the division's decision. The division

may provide de funded agencies a mechanism for appeal, provided such mechanism is promulgated as a rule in conformance with article two of

the state administrative procedure act. Nothing herein shall imply that delinquency

prevention programs funded under this appropriation shall be limited to demonstration projects or shall be limited in the number of years for which they are eligible

for funding from this appropriation"

even

This language, to which I object and do not approve, would place unwarranted restrictions on the Special Delinquency Prevention Program. First, the language implies that currently funded programs are guaranteed to receive funding in the future. A guarantee of

that kind, and the implication that such a guarantee exists, is inappropriate. The Special Delinquency Prevention Program operates on an annual request for proposal basis. All applicants are considered equally, regardless of whether they have received past funding.

Second, the language indicates that program funding should be terminated

ly if

the
program has uncorrected

managerial deficiencies. There are, however, other reasons to terminate a program's funding. For example, because the causes of juvenile delinquency

are changeable, program designed to address today's delinquency problems may no longer be suited to address the changing problems of the future.

Finally, the language relating to a September i funding application deadline would place an undue hardship on counties. Since the fiscal year for most counties commences on January first, they would find it extremely difficult to gather the information necessary to comply with this deadline in the time necessary to assure the continued availability of funding under this appropriation. Approximately half of this

appropriation flows through the counties.

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Bill Page 423, line 18 through line 53, inclusive
Bill Page 424, line 3 through line 32, beginning with "The" and ending

with "appropriation", inclusive

NOT APPROVED

DIVISION FOR YOUTH

"'The director of the division for youth

shall, by July first, adopt rules in conformance with the provisions of article

no

two of the state administrative procedure act, specifying procedures and criteria for selecting eligible delinquency prevention programs. By July first, the division shall notify community agencies and youth bureaus or cause such agencies and bureaus to be notified, by publishing notice in the state register, of the availability of funds from this appropriation and of the existing rules to allocate these funds. The division shall submit copies of all rules or modifications thereto which are pursuant to this appropriation to

the chairmen of the senate finance committee and of the assembly ways and means committee. Applications by community agencies for funding pursuant to this appropriation shall be submitted no later than September first. The division for youth shall notify.community agencies of final funding determinations

by December first. The director of the division for youth

shall deliver to the chairmen of the senate finance committee and of the assembly ways and means committee later than January first, nineteen hundred eightysix, a report including the list of programs to be in operation in calendar year nineteen hundred eighty-six funded from this appropriation. Included in such report shall be a summary of audits or evaluations completed to date, indicating both financial and

programmatic performance. The director of the division for youth

shall notify, by July first, any program funded in calendar year nineteen hundred eighty-five with programmatic manage erial deficiencies which in the division's estimation will result in termination of funding in calendar year nineteen hundred eighty-six. The director of the division for youth shall also provide such agency explanation for the division's tentative decision, as well as the means and deadlines by which such local agency may remedy its deficiencies. The director of the division for youth shall, by December first, provide all programs funded in calendar year nineteen hundred eighty-five which are not continued in calendar year nineteen hundred eighty-six with an explanation of the basis for the division's decision. The division may provide

or

an

de funded agencies a mechanism for appeal, provided such mechanism is promulgated as a rule in conformance with article two of

the state administrative procedure act. Nothing herein shall imply that delinquency

prevention programs funded under this appropriation shall be limited to demonstration projects or shall be limited in the number of years for which they are eligible for funding from this appropriation"

even

This language, to which I object and do not approve, would place unwarranted restrictions on the Special Delinquency Prevention Program. First, the language implies that currently funded programs are guaranteed to receive funding in the future. A guarantee of that kind, and

the implication that such a guarantee exists, is inappropriate. The Special Delinquency Prevention Program operates on an annual request for proposal basis. All applicants are considered equally, regardless of whether they have received past funding. Second,

the language indicates that program funding should be terminated only if the program has uncorrected

managerial

deficiencies. There are, however, other reasons to terminate a program's funding. For example, because the causes of juvenile delinquency changeable, a program designed to address today's delinquency problems may no longer be suited to address the changing problems of the future.

Finally, the language relating to a September 1 funding application deadline would place an undue hardship on counties. Since the fiscal year for most counties commences on January first, they would find it extremely difficult to gather the information necessary to comply with this deadline in the time necessary to assure the continued availability of funding under this appropriation. Approximately half of this

appropriation flows through the counties.

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