1. (A) Each community penalties program is responsible for:

   1. (1) targeting offenders who face an imminent and substantial threat of imprisonment;
   2. (2) preparing detailed community penalty plans for presentation to the presiding judge by the offender's attorney;
   3. (3) contracting or arranging with public or private agencies for services described in the community penalty plan;
   4. (4) defining objectives of the Communities Penalties Programs;
   5. (5) outlining goals for reduction of offenders committed to prison for each county within the circuit, and a system of monitoring the number of commitments to prison;
   6. (6) developing procedures for obtaining services from existing public or private agencies and preparation of a detailed budget for staff, contracted services, and all other costs;
   7. (7) developing procedures for cooperation with the probation personnel who have supervisory responsibility for the offender;
   8. (8) outlining procedures for evaluating the program's effect on numbers of prison commitments;
   9. (9) outlining procedures for returning offenders who do not comply with their community penalty plan to court for action by the court.

2. (B) Every community penalty plan must include the following:

   1. (1) notification to the victim of the offender's placement in the program;
   2. (2) solicitation of victim response into the offender's proposed community penalty;
   3. (3) restitution to the victim by the offender within a specified period of time and in an amount to be determined by the court;
   4. (4) payment of such fees and costs of the program by the offender unless the court grants a waiver due to indigency. Procedures for collecting a fee from offenders must be implemented based on a sliding scale according to income and ability to pay;
   5. (5) procedures for returning offenders who do not comply with their community penalty plan to court for action by the court.
3. (C) Funds provided for use under the provisions of this article may not be used for the operating cost, construction, or any other cost associated with local jail confinement.

HISTORY: 1986 Act No. 462, Section 3.