CHAPTER 2. STATE GRANTS TO COUNTIES FOR COMMUNITY CORRECTIONS AND CHARGES TO PARTICIPATING COUNTIES FOR CONFINED OFFENDERS
IC 11-12-2
Chapter 2. State Grants to Counties for Community Corrections
and Charges to Participating Counties for Confined Offenders
IC 11-12-2-1
Purpose of grants; availability and use of appropriations
Sec. 1. (a) For the purpose of encouraging counties to develop a
coordinated local corrections-criminal justice system and providing
effective alternatives to imprisonment at the state level, the
commissioner shall, out of funds appropriated for such purposes,
make grants to counties for the establishment and operation of
community corrections programs. Appropriations intended for this
purpose may not be used by the department for any other purpose.
Money appropriated to the department of correction for the purpose
of making grants under this chapter and any financial aid payments
suspended under section 6 of this chapter do not revert to the state
general fund at the close of any fiscal year, but remain available to
the department of correction for its use in making grants under this
chapter.
(b) The commissioner shall give priority in issuing community
corrections grants to programs that provide alternative sentencing
projects for persons with mental illness, addictive disorders, mental
retardation, and developmental disabilities.
As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.151-1983,
SEC.1; P.L.85-2004, SEC.42; P.L.105-2010, SEC.2.
IC 11-12-2-2
Community corrections advisory board; membership; terms;
combined advisory board; officers; quorum; assistance and
appropriations
Sec. 2. (a) To qualify for financial aid under this chapter, a county
must establish a community corrections advisory board by resolution
of the county executive or, in a county having a consolidated city, by
the city-county council. A community corrections advisory board
consists of:
(1) the county sheriff or the sheriff's designee;
(2) the prosecuting attorney or the prosecuting attorney's
designee;
(3) the director of the county office of the division of family
resources or the director's designee;
(4) the executive of the most populous municipality in the
county or the executive's designee;
(5) two (2) judges having criminal jurisdiction, if available,
appointed by the circuit court judge or the judges' designees;
(6) one (1) judge having juvenile jurisdiction, appointed by the
circuit court judge;
(7) one (1) public defender or the public defender's designee, if
available, or one (1) attorney with a substantial criminal defense
practice appointed by the county executive or, in a county
having a consolidated city, by the city-county council;
(8) one (1) victim, or victim advocate if available, appointed by
the county executive or, in a county having a consolidated city,
by the city-county council;
(9) one (1) ex-offender, if available, appointed by the county
executive or, in a county having a consolidated city, by the
city-county council; and
(10) the following members appointed by the county executive
or, in a county having a consolidated city, by the city-county
council:
(A) One (1) member of the county fiscal body or the
member's designee.
(B) One (1) probation officer.
(C) One (1) educational administrator.
(D) One (1) representative of a private correctional agency,
if such an agency exists in the county.
(E) One (1) mental health administrator, or, if there is none
available in the county, one (1) psychiatrist, psychologist, or
physician.
(F) Four (4) lay persons, at least one (1) of whom must be a
member of a minority race if a racial minority resides in the
county and a member of that minority is willing to serve.
(b) Designees of officials designated under subsection (a)(1)
through (a)(7) and (a)(10)(A) serve at the pleasure of the designating
official.
(c) Members of the advisory board appointed by the county
executive or, in a county having a consolidated city, by the
city-county council, shall be appointed for a term of four (4) years.
The criminal defense attorney, the ex-offender, and the victim or
victim advocate shall be appointed for a term of four (4) years. Other
members serve only while holding the office or position held at the
time of appointment. The circuit court judge may fill the position of
the judge having juvenile court jurisdiction by self appointment if the
circuit court judge is otherwise qualified. A vacancy occurring before
the expiration of the term of office shall be filled in the same manner
as original appointments for the unexpired term. Members may be
reappointed.
(d) Two (2) or more counties, by resolution of their county
executives or, in a county having a consolidated city, by the
city-county council, may combine to apply for financial aid under
this chapter. If counties so combine, the counties may establish one
(1) community corrections advisory board to serve these counties.
This board must contain the representation prescribed in subsection
(a), but the members may come from the participating counties as
determined by agreement of the county executives or, in a county
having a consolidated city, by the city-county council.
(e) The members of the community corrections advisory board
shall, within thirty (30) days after the last initial appointment is
made, meet and elect one (1) member as chairman and another as
vice chairman and appoint a secretary-treasurer who need not be a
member. A majority of the members of a community corrections
advisory board may provide for a number of members that is:
(1) less than a majority of the members; and
(2) at least six (6);
to constitute a quorum for purposes of transacting business. The
affirmative votes of at least five (5) members, but not less than a
majority of the members present, are required for the board to take
action. A vacancy in the membership does not impair the right of a
quorum to transact business.
(f) The county executive and county fiscal body shall provide
necessary assistance and appropriations to the community corrections
advisory board established for that county. Appropriations required
under this subsection are limited to amounts received from the
following sources:
(1) Department grants.
(2) User fees.
(3) Other funds as contained within an approved plan.
Additional funds may be appropriated as determined by the county
executive and county fiscal body.
As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.16-1986,
SEC.6; P.L.240-1991(ss2), SEC.61; P.L.2-1992, SEC.113;
P.L.4-1993, SEC.15; P.L.5-1993, SEC.28; P.L.104-1997, SEC.3;
P.L.105-1997, SEC.1; P.L.34-2007, SEC.1; P.L.146-2008, SEC.371;
P.L.44-2009, SEC.7.
IC 11-12-2-3
Community corrections advisory board; duties
Sec. 3. (a) A community corrections advisory board shall:
(1) formulate:
(A) the community corrections plan and the application for
financial aid required by section 4 of this chapter; and
(B) the forensic diversion program plan under IC 11-12-3.7;
(2) observe and coordinate community corrections programs in
the county;
(3) make an annual report to the county fiscal body, county
executive, or, in a county having a consolidated city, the
city-county council, containing an evaluation of the
effectiveness of programs receiving financial aid under this
chapter and recommendations for improvement, modification,
or discontinuance of these programs;
(4) ensure that programs receiving financial aid under this
chapter comply with the standards adopted by the department
under section 5 of this chapter; and
(5) recommend to the county executive or, in a county having
a consolidated city, to the city-county council, the approval or
disapproval of contracts with units of local government or
nongovernmental agencies that desire to participate in the
community corrections plan.
Before recommending approval of a contract, the advisory board
must determine that a program is capable of meeting the standards
adopted by the department under section 5 of this chapter.
(b) A community corrections advisory board shall do the
following:
(1) Adopt bylaws for the conduct of its own business.
(2) Hold a regular meeting at least one (1) time every three (3)
months and at other times as needed to conduct all necessary
business. Dates of regular meetings shall be established at the
first meeting of each year.
(3) Comply with the public meeting and notice requirements
under IC 5-14-1.5.
(c) A community corrections advisory board may contain an
office as designated by the county executive or, in a county having
a consolidated city, by the city-county council.
(d) Notwithstanding subsection (a)(4), the standards applied to a
court alcohol and drug program or a problem solving court that
provides services to a forensic diversion program under IC 11-12-3.7
must be the standards established under IC 12-23-14 or IC 33-23-16.
As added by Acts 1979, P.L.120, SEC.5. Amended by
P.L.240-1991(ss2), SEC.62; P.L.224-2003, SEC.123; P.L.85-2004,
SEC.2; P.L.108-2010, SEC.1.
IC 11-12-2-3.5
Community corrections advisory board; appointment of director;
employees
Sec. 3.5. (a) The director, if any, of the community corrections
program shall be appointed by the community corrections advisory
board, subject to the approval of the county executive or, in a county
having a consolidated city, by the city-county council. A director
may be removed for cause by a majority vote of the community
corrections advisory board, subject to the approval of the county
executive or, in a county having a consolidated city, of the
city-county council.
(b) The community corrections advisory board may establish
personnel policies, procedures, and salary classification schedules for
its employees. Employees of a community corrections program are
county employees. The policies, procedures, and schedules
established under this subsection may not be inconsistent with those
established for other county employees.
As added by P.L.240-1991(ss2), SEC.63.
IC 11-12-2-4
Community corrections plan; application for financial aid;
compliance with rules; annual updating; amendment or
modification
Sec. 4. (a) A county or group of counties seeking financial aid
under this chapter must apply to the commissioner in a manner and
form prescribed by the commissioner. 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. 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; and
(7) the manner in which counties that jointly apply for financial
aid under this chapter will operate a coordinated community
corrections program.
(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.
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.
IC 11-12-2-5
Powers and duties of department and commissioner
Sec. 5. (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 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.
(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
under this chapter than are required to fund the community
corrections plan.
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.
IC 11-12-2-6
Eligibility for financial aid; requirement of compliance
Sec. 6. To remain eligible for financial aid under this chapter, a
county must comply with its community corrections plan and the
rules and minimum standards adopted by the department under
section 5 of this chapter. If the commissioner determines that there
are reasonable grounds to believe that a county is not complying with
its plan, the rules, or the minimum standards, he shall, after giving at
least thirty (30) days written notice to the board of county
commissioners or city-county council, the community corrections
advisory board, and the chief administrator of the program, conduct
a hearing under IC 4-21.5-3 to ascertain whether compliance has
been achieved. Upon a finding of noncompliance, the commissioner
may suspend any part of the financial aid until compliance is
achieved.
As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.7-1987,
SEC.23.
IC 11-12-2-7
Eligibility for financial aid; failure to qualify
Sec. 7. Failure of a county to qualify for financial aid under this
chapter does not affect its eligibility for other state funds for
correctional purposes otherwise provided by law.
As added by Acts 1979, P.L.120, SEC.5.
IC 11-12-2-8
Restriction on use of funds
Sec. 8. (a) Counties may not use funds received under this chapter
to construct or renovate county jails.
(b) Counties acting jointly may use funds received under this
chapter to construct a county operated residential work release
facility, if the facility is not:
(1) physically connected to a jail; or
(2) used to house offenders who are required to serve their
sentence in a county jail.
(c) The department may provide funds under this chapter for the
construction of a facility under subsection (b) in an amount that does
not exceed fifty percent (50%) of the cost of construction of the
facility. The funds provided under this subsection may not be used
for any purpose other than the construction of the facility.
(d) The counties acting under subsection (b) shall provide the
funds required for:
(1) the construction of the facility in addition to the funds
provided by the department under subsection (c);
(2) the operation of the facility; and
(3) the administration of the community corrections program.
(e) A residential work release facility constructed under
subsection (b) may not be used for any purpose other than the
operation of a community corrections program during the ten (10)
year period following the completion of construction.
As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.136-1989,
SEC.3; P.L.4-2001, SEC.1.
IC 11-12-2-9
Repealed
(Repealed by P.L.105-2010, SEC.18.)
IC 11-12-2-10
Termination of participation in subsidy program
Sec. 10. A county receiving financial aid under this chapter may
terminate its participation by delivering a resolution of the board of
county commissioners or city-county council to the commissioner.
Upon withdrawal from the subsidy program, the board of county
commissioners or city-county council may adopt a resolution stating
that it is in the best interests of the county that the community
corrections advisory board be dissolved, whereupon the county
commissioners or city-county council shall pay and discharge any
debts or liabilities of the advisory board, collect and distribute assets
of the advisory board under the laws of Indiana, and pay over any
remaining proceeds or property to the proper fund.
As added by Acts 1979, P.L.120, SEC.5. Amended by Acts 1981,
P.L.109, SEC.2.
IC 11-12-2-11
Authority over county jail and persons confined therein
Sec. 11. This chapter does not limit or impair the statutory
authority of any elected official, including the county sheriff's
authority over the county jail and persons confined therein.
As added by Acts 1979, P.L.120, SEC.5.
IC 11-12-2-12
Community corrections funds established
Sec. 12. (a) A community corrections fund is established in each
community having a community corrections program. The fund shall
be administered by the community corrections advisory board in
accordance with rules adopted by the department under subsection
(c). The expenses of administering the fund shall be paid from money
in the fund. Money in the fund at the end of a fiscal year does not
revert to any other fund. The fund consists of fees deposited under
subsection (b). Money in the fund may be used only for the provision
of community corrections program services, including services
allowed under IC 11-12-2-5(b)(3).
(b) In addition to user fees collected under IC 31-40,
IC 35-38-2-1, or any other user fee collected from a participant in a
community corrections program by an agency or program, a
community corrections program may collect from a participant a user
fee assessed in accordance with rules adopted under subsection (c).
Community corrections user fees collected under this section shall be
deposited into the community corrections fund established by this
section.
(c) The department shall adopt rules under IC 4-22-2 governing
the following:
(1) The maximum amount that a community corrections
program or a court may assess as a user fee under subsection (b)
or IC 35-38-2.5-6.
(2) Administration by community corrections advisory boards
of community corrections funds and the community corrections
home detention fund, including criteria for expenditures from
the funds.
As added by P.L.136-1989, SEC.4. Amended by P.L.240-1991(ss2),
SEC.66; P.L.1-1997, SEC.47; P.L.253-1997(ss), SEC.8.
IC 11-12-2-13
Repealed
(Repealed by P.L.73-1992, SEC.12.)
IC 11-12-2-13.5
Repealed
(Repealed by P.L.1-1994, SEC.45.)