Indiana Code 11-12-2-4. Community corrections advisory board; application for financial aid; collaboration with probation, pretrial diversion, or jail treatment program
(1) the application is from a county (not including a court); and
Terms Used In Indiana Code 11-12-2-4
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- community corrections program: means a community based program that provides preventive services, services to offenders, services to persons charged with a crime or an act of delinquency, services to persons diverted from the criminal or delinquency process, services to persons sentenced to imprisonment, or services to victims of crime or delinquency, and is operated under a community corrections plan of a county and funded at least in part by the state subsidy provided in IC 11-12-2. See Indiana Code 11-12-1-1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Population: has the meaning set forth in Ind. See Indiana Code 1-1-4-5
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
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.