§ 11-12-2-5 — Powers and duties of department and commissioner

(a) The department shall do the following:
(1) Provide consultation and technical assistance to counties to
aid in the development of community corrections plans.
(2) Provide training for community corrections personnel and
board members to the extent funds are available.
(3) Adopt under IC 4-22-2 rules governing application by
counties and courts for financial aid under this chapter, including
the content of community corrections plans.
(4) Adopt under IC 4-22-2 rules governing the disbursement of
monies to a county and the county's certification of expenditures.
(5) Adopt under IC 4-22-2 minimum standards for the
establishment, operation, and evaluation of programs receiving
financial aid under this chapter. (These standards must be
sufficiently flexible to foster the development of new and
improved correctional practices.)
(6) Examine and either approve or disapprove applications for
financial aid. The department's approval or disapproval must be
based on this chapter and the rules adopted under this chapter.
(7) Keep the budget agency informed of the amount of
appropriation needed to adequately fund programs under this
chapter.
(8) Adopt under IC 4-22-2 a formula or other method of
determining a participating county's share of funds appropriated
for purposes of this chapter. This formula or method must be
approved by the budget agency before the formula is adopted and
must be designed to accurately reflect a county's correctional
needs and ability to pay.
(9) Keep counties informed of money appropriated for the
purposes of this chapter.
(10) Provide an approved training curriculum for community
corrections field officers.
(11) Require community corrections programs to submit in
proposed budget requests an evaluation of the use of department
approved best practices for each community corrections program
component.
(12) Submit applications from counties and courts to the justice
reinvestment advisory council established under IC 33-38-9.5 for
review and recommendation unless otherwise authorized by the
advisory council.
(b) The commissioner may do the following:
(1) Visit and inspect any program receiving financial aid under
this chapter.
(2) Require a participating county or program to submit
information or statistics pertinent to the review of applications
and programs.
(3) Expend up to three percent (3%) of the money appropriated to
the department for community correction grants to provide
technical assistance, consultation, and training to counties and to
monitor and evaluate program delivery.
(c) Notwithstanding any law prohibiting advance payments, the
department of correction may advance grant money to a county or
group of counties in order to assist a community corrections program.
However, not more than twenty-five percent (25%) of the amount
awarded to a county or group of counties may be paid in advance.
(d) The commissioner shall disburse no more funds to any county
or court under this chapter than are required to fund the community
corrections plan or court supervised recidivism reduction program.
As added by Acts 1979, P.L.120, SEC.5. Amended by
P.L.151-1983, SEC.2; P.L.240-1991(ss2), SEC.65; P.L.104-1997,
SEC.4; P.L.105-2010, SEC.4; P.L.179-2015, SEC.4.