§ 11-12-2-4 — Community corrections advisory board; application for financial aid; collaboration with probation, pretrial diversion, or jail treatment program

Indiana § 11-12-2-4

• Jurisdiction: Indiana
• Art. 12: COMMUNITY CORRECTIONS
• Ch. 2: State Grants to Counties for Community Corrections and

Text

(a) Except as provided in subsection (h), a
county or group of counties, or a court or a group of courts, seeking
financial aid under this chapter must apply to the commissioner in a
manner and form prescribed by the commissioner. If the application is
for a community corrections program, the application must include a
community corrections plan that has been approved by the community
corrections board and the county executive or, in a county having a
consolidated city, by the city-county council. If the application is for a
court supervised recidivism reduction program, a probation
department, a pretrial diversion program, or a jail treatment program,
the application must include information required by the department.
If:
(1) the application is from a county (not including a court); and
(2) the county operates a community corrections program;
the application must be approved by the community corrections
advisory board. The commissioner shall give priority consideration to
applicants that demonstrate collaboration between the local community
corrections advisory board and the probation department, court
supervised recidivism reduction program, juvenile justice program,
pretrial diversion program, or jail treatment program. No county may
receive financial aid until its application is approved by the
commissioner.
(b) A community corrections plan must comply with rules adopted
under section 5 of this chapter and must include:
(1) a description of each program for which financial aid is
sought;
(2) the purpose, objective, administrative structure, staffing, and
duration of the program;
(3) a method to evaluate each component of the program to
determine the overall use of department approved best practices
for the program;
(4) the program's total operating budget, including all other
sources of anticipated income;
(5) the amount of community involvement and client participation
in the program;
(6) the location and description of facilities that will be used in
the program;
(7) the manner in which counties that jointly apply for financial
aid under this chapter will operate a coordinated community
corrections program; and
(8) a plan of collaboration among the probation department, the
community corrections program, and any other local criminal
justice agency that receives funding from the department for the
provision of community supervision for adult offenders. Counties
are encouraged to include the courts, prosecuting attorneys, public
defenders, and sheriffs when addressing the needs of the local
criminal justice population. The community supervision
collaboration plan must be submitted to the department and the
office of judicial administration annually and must include:
(A) a description of the evidence based services provided to
felony offenders by the community corrections program, the
probation department, and other criminal justice agencies;
(B) the manner in which the community corrections program,
the probation department, and other criminal justice agencies
intend to reduce the duplication of services to offenders under
community supervision;
(C) the manner in which the community corrections program,
the probation department, and other criminal justice agencies
intend to coordinate operations and collaborate on the
supervision of adult felony offenders;
(D) the eligibility criteria established for community based
services provided to adult felony offenders;
(E) the criteria for using the community corrections program as
an intermediate sanction for an offender's violation of probation
conditions;
(F) a description of how financial aid from the department,
program fees, problem solving court user fees, and probation
user fees will be used to provide services to adult felony
offenders; and
(G) documentary evidence of compliance with:
(i) department rules for community corrections programs;
(ii) judicial conference of Indiana standards for probation
departments and problem solving courts;
(iii) prosecuting attorneys council of Indiana diversion and
deferral guidelines;
(iv) Indiana jail standards; and
(v) division of mental health and addiction standards for jail
treatment programs.
(c) A community corrections plan must be annually updated,
approved by the county executive or, in a city having a consolidated
city, by the city-county council, and submitted to the commissioner.
(d) No amendment to or substantial modification of an approved
community corrections plan may be placed in effect until the
department and county executive, or in a county having a consolidated
city, the city-county council, have approved the amendment or
modification.
(e) A copy of the final plan as approved by the department shall be
made available to the board in a timely manner.
(f) The commissioner may, subject to availability of funds, give
priority in issuing additional financial aid to counties with a community
supervision collaboration plan approved by the department and the
office of judicial administration. The additional financial aid may be
used for any evidence based service or program in the approved plan.
(g) Purposes for which the commissioner may award financial aid
under this chapter include:
(1) assisting a county in defraying the expenses of incarceration;
(2) funding mental health, addiction, and cognitive behavior
treatment programs for incarcerated persons;
(3) funding mental health, addiction, and cognitive behavior
treatment programs for persons who are on probation, are
supervised by a community corrections program, or are
participating in a pretrial diversion program offered by a
prosecuting attorney;
(4) funding work release and other community corrections
programs;
(5) reimbursing a county for probation officer and community
correction officer salaries; and
(6) funding a court appointed forensic advocate program (as
described in IC 35-36-12) for persons who are on probation, are
supervised by a community corrections program, or are
participating in a pretrial diversion program.
(h) If the application described in subsection (a) is for a juvenile
justice program, the county executive, or in a county having a
consolidated city, the city-county council, may apply directly to the
division of youth services in a manner and form prescribed by the
commissioner.
As added by Acts 1979, P.L.120, SEC.5. Amended by
P.L.240-1991(ss2), SEC.64; P.L.105-2010, SEC.3; P.L.24-2014,
SEC.1; P.L.179-2015, SEC.3; P.L.69-2016, SEC.2; P.L.86-2017,
SEC.2; P.L.65-2018, SEC.3.