Authority: IC 11-8-2-5

Affected: IC 11-12-1-1; IC 11-12-2

Sec. 1. (a) This section governs the procedures whereby counties make application for financial aid and outlines the community corrections plan.

(b) The commissioner of correction, consistent with IC 11-12-2-1, shall make grants to counties for the establishment and operation of community corrections programs. Priority for funding community corrections programs, as defined by IC 11-12-1-1, shall be given to those programs that assist in diverting offenders from the department. Other types of programs shall also be considered for funding.

(c) Program components and services that may be considered for funding are as follows:

1. (1) Adult services as follows:

   1. (A) Components that provide alternatives to incarceration include, but are not limited to, the following:

      1. (i) Residential programs.
      2. (ii) Work/study release programs.
      3. (iii) House arrest programs.
      4. (iv) Home detention programs.
      5. (v) Electronic monitoring programs.
      6. (vi) Day reporting programs.
      7. (vii) Jail services and jail work crew programs.

      8. (viii) Those programs that provide offenders the opportunity to make restitution either to the victims of crimes or symbolically to the community, for example:

         1. (AA) restorative justice;
         2. (BB) community service restitution; or
         3. (CC) community work crew programs.

   2. (B) Services provided for the components established in clause (A) include, but are not limited to, the following:

      1. (i) Employment training and placement programs.
      2. (ii) Educational programs.
      3. (iii) Mental health programs.
      4. (iv) Substance abuse treatment, education, and counseling programs.
      5. (v) Programs that offer counseling in domestic relations, daily living, and parenting skills.

2. (2) Juvenile services as follows:

   1. (A) Components that divert juveniles from the juvenile justice system include, but are not limited to, the following alternatives to detention:

      1. (i) House arrest.
      2. (ii) Home detention.
      3. (iii) Electronic monitoring.
      4. (iv) Day reporting/treatment.
      5. (v) Restitution programs.
      6. (vi) Volunteer programs.
      7. (vii) Residential programs.

   2. (B) Services provided for the components established in clause (A) include, but are not limited to, the following:

      1. (i) Employment training and placement programs.
      2. (ii) Educational programs.
      3. (iii) Mental health programs.
      4. (iv) Substance abuse treatment, education, and counseling programs.
      5. (v) Mentoring programs.
      6. (vi) Anger management and daily living skills.

3. (3) Victim services or programs include, but are not limited to, the following:

   1. (A) Victim notification programs.
   2. (B) Victim's compensation programs.
   3. (C) Victim/offender mediation/reconciliation programs.
   4. (D) Victim awareness programs.

(d) Grant applicants shall submit an application on the form prescribed by the department of correction and it shall be complete and consistent with IC 11-12-2-4. No county may receive financial aid until its application is approved by the commissioner.

(e) Any application being considered for funding must be submitted to the county commissioners or city county council for review and approval or disapproval, who will, in turn, submit the application to the commissioner of the department of correction. Any major alteration of the program concept or service delivery system during the funding period shall require the approval of the same authorities involved in the original grant process.

(f) Applicants shall submit any additional program component description or justification for funding upon request by the department of correction.

(g) Applicants shall identify the program's total itemized operating budget and the total itemized operating budget for each program component. The itemized operating budget shall include all sources of income, including project income as defined in the Community Corrections Grant Act Procedural Manual.

(h) Applicants for community corrections funds shall be prepared to show at the time of application that they are in compliance with IC 11-12-2-2 in the development of a community corrections advisory board and that such board is operational.

(i) The community corrections plan shall include the following:

1. (1) Current expenditures for local corrections.
2. (2) Estimated use of probation, both at the adult and juvenile level.
3. (3) The number of executed commitments to the department of correction within the past fiscal year.
4. (4) Impact relationship between this project and current correctional needs in the jurisdiction.
5. (5) Continuum of sanctions for adults and continuum of services for juveniles within the local jurisdiction.
6. (6) Definitions that are consistent with the definitions found in the glossary of the Community Corrections Grant Act Procedural Manual.

(j) The community corrections plan shall accompany the application unless otherwise indicated by the department.

(k) The application for funds shall show how long the program is to be sustained. Applicants should be prepared to show how the program is to be sustained in the event funds are not appropriated by the Indiana legislature in the future.

(l) In evaluating community corrections grant applications, the department of correction will take into consideration the following factors:

1. (1) The impact on existing local criminal and juvenile justice programs.
2. (2) The value of the program as it relates to a reduction of commitments to the department of correction.
3. (3) Funds currently apportioned to that community for correctional programs.
4. (4) The county's past experience with components of a like or similar nature.

(m) Consistent with IC 11-12-2-8, the department of correction will not award money to a county to supplant spending for currently funded correctional programs, nor to construct or renovate county jails.

(n) Counties requesting funding under the Community Corrections Grant Act shall ensure that requests for reimbursement or expenses, or both, including, but not limited to:

1. (1) mileage;
2. (2) per diem expenses;
3. (3) subsistence costs;
4. (4) out-of-state travel;
5. (5) employee wage increases; and
6. (6) training and registration costs;

do not exceed rates and written policies approved for other local county employees.

(o) Any county that has questions concerning the approval or disapproval of any part of its grant application or the amount of money awarded to the county may request that the commissioner of the department of correction reconsider their application or award. A request for reconsideration must be in writing and received by the commissioner within fifteen (15) days after a county has been informed of its approved grant award and advised to submit an amended application.

(Department of Correction; 210 IAC 2-1-1; filed Mar 27, 1981, 9:05 a.m.: 4 IR 775; filed Jan 20, 1987, 9:00 a.m.: 10 IR 1217; filed May 26, 2000, 8:59 a.m.: 23 IR 2410; readopted filed Nov 15, 2001, 10:42 a.m.: 25 IR 1269; readopted filed Jul 6, 2007, 2:54 p.m.: 20070725-IR-210070277RFA; readopted filed Dec 2, 2013, 2:07 p.m.: 20140101-IR-210130485RFA; readopted filed Nov 10, 2020, 3:02 p.m.: 20201209-IR-210200474RFA)