Section 33-9-5 - Criteria for applications.
33-9-5. Criteria for applications.
A. Counties, municipalities or private organizations, individually or jointly, may apply for grants from the fund, including grants for counties or municipalities to purchase contractual services from private organizations, provided that:
(1) the application is for funding a program with priority use being for criminal offenders selected pursuant to the provisions of Section 33-9-7 NMSA 1978;
(2) the applicant certifies that it is willing and able to operate the program according to standards provided by the department, which may include the negotiation of a contract between the offender and program staff with provisions such as deductions from employment income for applicable victim restitution, family support, room and board, savings and weekly allowance. In addition to monetary restitution, to the extent practical, or if monetary restitution is not applicable, the contract may include provision for community service restitution for a specific number of hours;
(3) the applicant demonstrates the support of key components of the criminal justice system;
(4) the applicant, if a private organization, demonstrates the support of the county and municipality where the program will provide services;
(5) the applicant certifies that it will utilize volunteer services as an integral portion of the program to the maximum extent feasible; and
(6) no class A county as defined in Section 4-44-1 NMSA 1978, alone or in conjunction with any municipality within a class A county, shall receive more than forty-nine percent of any money appropriated to the fund.
B. Notwithstanding the provisions of Subsection A of this section:
(1) the department may utilize the fund to place individuals eligible for parole in community-based settings. The department may also utilize the fund to place criminal offenders within twelve months of eligibility for parole in community-based settings, provided that the criminal offender has never been convicted of a felony offense involving the use of a firearm. The adult parole board may, in its discretion, require participation by a criminal offender in a program as a condition of parole pursuant to the provisions of Section 31-21-10 NMSA 1978; and
(2) the department may authorize use of the fund for adults who are not criminal offenders with prior department approval, if the priority use does not result in full utilization of the fund or the capacity of a program, or the department may authorize additional programs or additional funding for existing programs.
C. The department may utilize not more than twenty-five percent of the fund to contract directly for programs, including programs for New Mexico Indian tribes and pueblos for diversion of state law offenders, or to establish programs operated by the department; provided, however, that the department may utilize up to sixty percent of the fund to operate adult community corrections programs if, after a reasonable effort to solicit proposals, there are no satisfactory proposals from a community where it is determined that a program is necessary or if it becomes necessary to cancel a program as provided in the contract.
D. The department shall establish additional guidelines for allocation of funds under the Adult Community Corrections Act [this article]. An applicant shall retain the authority to accept or reject the placement of any person in a program.