DECISION SUMMARY: Under section 211.393.6, RSMo 2000, the counties are obligated to provide maintenance of effort funding for the 32nd Judicial Circuit in the amount of $470,726.72, not $157,100.00. The counties are obligated to release for spending $157,100.00 in designated line item requests as submitted in the circuit court's 2002 budget. The counties' obligation to fund expenditures that fall outside the eight enumerated categories of section 211.393.6, RSMo 2002, are allowable so long as they relate only to juvenile operational expenditures. Cash surpluses from one budget year to the next that are remainders of the total amount budgeted for juvenile services are to be returned to the county's general revenue fund, as per section 50.610, RSMo 2000. Although the counties have authority to design and construct new buildings and facilities under section 211.331, RSMo 2000, such cannot be done without input from and compliance with the needs and mandates of the Court in compliance with its duties and responsibilities in the area of juvenile justice. See State ex rel. St. Louis County v. Edwards, 589 S.W.2d 283 (Mo.banc 1979); Circuit Court of Jackson County v. Jackson County, 776 S.W.2d 925 (Mo. App. W.D. 1989). Calculation of maintenance of effort amount includes all amounts budgeted rather than amounts actually spent. Section 211.393.4, RSMo 2000. However, before Perry or Bollinger Counties may be held to provide any contribution or funding for any new juvenile detention facility, the circuit court must first adhere to all provisions of section 211.341, RSMo 2000. As the circuit court has failed to show a factual need for any new juvenile detention facility, there is no need to determine reasonableness.

View the full text of the decision.