IC 11-12-2
    Chapter 2. State Grants to Counties for Community Correctionsand 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 acoordinated local corrections-criminal justice system and providingeffective alternatives to imprisonment at the state level, thecommissioner shall, out of funds appropriated for such purposes,make grants to counties for the establishment and operation ofcommunity corrections programs. Appropriations intended for thispurpose may not be used by the department for any other purpose.Money appropriated to the department of correction for the purposeof making grants under this chapter and any financial aid paymentssuspended under section 6 of this chapter do not revert to the stategeneral fund at the close of any fiscal year, but remain available tothe department of correction for its use in making grants under thischapter.
    (b) The commissioner shall give priority in issuing communitycorrections grants to programs that provide alternative sentencingprojects for persons with mental illness, addictive disorders, mentalretardation, 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 andappropriations
    Sec. 2. (a) To qualify for financial aid under this chapter, a countymust establish a community corrections advisory board by resolutionof the county executive or, in a county having a consolidated city, bythe city-county council. A community corrections advisory boardconsists of:
        (1) the county sheriff or the sheriff's designee;
        (2) the prosecuting attorney or the prosecuting attorney'sdesignee;
        (3) the director of the county office of the division of familyresources or the director's designee;
        (4) the executive of the most populous municipality in thecounty 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 thecircuit court judge;
        (7) one (1) public defender or the public defender's designee, ifavailable, or one (1) attorney with a substantial criminal defensepractice appointed by the county executive or, in a countyhaving a consolidated city, by the city-county council;        (8) one (1) victim, or victim advocate if available, appointed bythe 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 countyexecutive or, in a county having a consolidated city, by thecity-county council; and
        (10) the following members appointed by the county executiveor, in a county having a consolidated city, by the city-countycouncil:
            (A) One (1) member of the county fiscal body or themember'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 noneavailable in the county, one (1) psychiatrist, psychologist, orphysician.
            (F) Four (4) lay persons, at least one (1) of whom must be amember of a minority race if a racial minority resides in thecounty 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 designatingofficial.
    (c) Members of the advisory board appointed by the countyexecutive or, in a county having a consolidated city, by thecity-county council, shall be appointed for a term of four (4) years.The criminal defense attorney, the ex-offender, and the victim orvictim advocate shall be appointed for a term of four (4) years. Othermembers serve only while holding the office or position held at thetime of appointment. The circuit court judge may fill the position ofthe judge having juvenile court jurisdiction by self appointment if thecircuit court judge is otherwise qualified. A vacancy occurring beforethe expiration of the term of office shall be filled in the same manneras original appointments for the unexpired term. Members may bereappointed.
    (d) Two (2) or more counties, by resolution of their countyexecutives or, in a county having a consolidated city, by thecity-county council, may combine to apply for financial aid underthis 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 asdetermined by agreement of the county executives or, in a countyhaving a consolidated city, by the city-county council.
    (e) The members of the community corrections advisory boardshall, within thirty (30) days after the last initial appointment ismade, meet and elect one (1) member as chairman and another asvice chairman and appoint a secretary-treasurer who need not be amember. 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. Theaffirmative votes of at least five (5) members, but not less than amajority of the members present, are required for the board to takeaction. A vacancy in the membership does not impair the right of aquorum to transact business.
    (f) The county executive and county fiscal body shall providenecessary assistance and appropriations to the community correctionsadvisory board established for that county. Appropriations requiredunder this subsection are limited to amounts received from thefollowing 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 countyexecutive 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 forfinancial 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 inthe county;
        (3) make an annual report to the county fiscal body, countyexecutive, or, in a county having a consolidated city, thecity-county council, containing an evaluation of theeffectiveness of programs receiving financial aid under thischapter and recommendations for improvement, modification,or discontinuance of these programs;
        (4) ensure that programs receiving financial aid under thischapter comply with the standards adopted by the departmentunder section 5 of this chapter; and
        (5) recommend to the county executive or, in a county havinga consolidated city, to the city-county council, the approval ordisapproval of contracts with units of local government ornongovernmental agencies that desire to participate in thecommunity corrections plan.
Before recommending approval of a contract, the advisory boardmust determine that a program is capable of meeting the standardsadopted by the department under section 5 of this chapter.    (b) A community corrections advisory board shall do thefollowing:
        (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 necessarybusiness. Dates of regular meetings shall be established at thefirst meeting of each year.
        (3) Comply with the public meeting and notice requirementsunder IC 5-14-1.5.
    (c) A community corrections advisory board may contain anoffice as designated by the county executive or, in a county havinga consolidated city, by the city-county council.
    (d) Notwithstanding subsection (a)(4), the standards applied to acourt alcohol and drug program or a problem solving court thatprovides services to a forensic diversion program under IC 11-12-3.7must 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 byP.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 correctionsprogram shall be appointed by the community corrections advisoryboard, subject to the approval of the county executive or, in a countyhaving a consolidated city, by the city-county council. A directormay be removed for cause by a majority vote of the communitycorrections advisory board, subject to the approval of the countyexecutive or, in a county having a consolidated city, of thecity-county council.
    (b) The community corrections advisory board may establishpersonnel policies, procedures, and salary classification schedules forits employees. Employees of a community corrections program arecounty employees. The policies, procedures, and schedulesestablished under this subsection may not be inconsistent with thoseestablished 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 ormodification
    Sec. 4. (a) A county or group of counties seeking financial aidunder this chapter must apply to the commissioner in a manner andform prescribed by the commissioner. The application must includea community corrections plan that has been approved by thecommunity corrections board and the county executive or, in acounty having a consolidated city, by the city-county council. Nocounty may receive financial aid until its application is approved by

the commissioner.
    (b) A community corrections plan must comply with rules adoptedunder section 5 of this chapter and must include:
        (1) a description of each program for which financial aid issought;
        (2) the purpose, objective, administrative structure, staffing, andduration of the program;
        (3) a method to evaluate each component of the program todetermine the overall use of department approved best practicesfor the program;
        (4) the program's total operating budget, including all othersources of anticipated income;
        (5) the amount of community involvement and clientparticipation in the program;
        (6) the location and description of facilities that will be used inthe program; and
        (7) the manner in which counties that jointly apply for financialaid under this chapter will operate a coordinated communitycorrections program.
    (c) A community corrections plan must be annually updated,approved by the county executive or, in a city having a consolidatedcity, by the city-county council, and submitted to the commissioner.
    (d) No amendment to or substantial modification of an approvedcommunity corrections plan may be placed in effect until thedepartment and county executive, or in a county having aconsolidated city, the city-county council, have approved theamendment or modification.
    (e) A copy of the final plan as approved by the department shallbe made available to the board in a timely manner.
As added by Acts 1979, P.L.120, SEC.5. Amended byP.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 toaid in the development of community corrections plans.
        (2) Provide training for community corrections personnel andboard members to the extent funds are available.
        (3) Adopt under IC 4-22-2 rules governing application bycounties for financial aid under this chapter, including thecontent of community corrections plans.
        (4) Adopt under IC 4-22-2 rules governing the disbursement ofmonies to a county and the county's certification ofexpenditures.
        (5) Adopt under IC 4-22-2 minimum standards for theestablishment, operation, and evaluation of programs receivingfinancial aid under this chapter. (These standards must besufficiently flexible to foster the development of new andimproved correctional practices.)        (6) Examine and either approve or disapprove applications forfinancial aid. The department's approval or disapproval must bebased on this chapter and the rules adopted under this chapter.
        (7) Keep the budget agency informed of the amount ofappropriation needed to adequately fund programs under thischapter.
        (8) Adopt under IC 4-22-2 a formula or other method ofdetermining a participating county's share of funds appropriatedfor purposes of this chapter. This formula or method must beapproved by the budget agency before the formula is adoptedand must be designed to accurately reflect a county'scorrectional needs and ability to pay.
        (9) Keep counties informed of money appropriated for thepurposes of this chapter.
        (10) Provide an approved training curriculum for communitycorrections field officers.
        (11) Require community corrections programs to submit inproposed budget requests an evaluation of the use of departmentapproved best practices for each community correctionsprogram component.
    (b) The commissioner may do the following:
        (1) Visit and inspect any program receiving financial aid underthis chapter.
        (2) Require a participating county or program to submitinformation or statistics pertinent to the review of applicationsand programs.
        (3) Expend up to three percent (3%) of the money appropriatedto the department for community correction grants to providetechnical assistance, consultation, and training to counties andto monitor and evaluate program delivery.
    (c) Notwithstanding any law prohibiting advance payments, thedepartment of correction may advance grant money to a county orgroup of counties in order to assist a community correctionsprogram. However, not more than twenty-five percent (25%) of theamount awarded to a county or group of counties may be paid inadvance.
    (d) The commissioner shall disburse no more funds to any countyunder this chapter than are required to fund the communitycorrections 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, acounty must comply with its community corrections plan and therules and minimum standards adopted by the department undersection 5 of this chapter. If the commissioner determines that thereare reasonable grounds to believe that a county is not complying with

its plan, the rules, or the minimum standards, he shall, after giving atleast thirty (30) days written notice to the board of countycommissioners or city-county council, the community correctionsadvisory board, and the chief administrator of the program, conducta hearing under IC 4-21.5-3 to ascertain whether compliance hasbeen achieved. Upon a finding of noncompliance, the commissionermay suspend any part of the financial aid until compliance isachieved.
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 thischapter does not affect its eligibility for other state funds forcorrectional 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 chapterto construct or renovate county jails.
    (b) Counties acting jointly may use funds received under thischapter to construct a county operated residential work releasefacility, if the facility is not:
        (1) physically connected to a jail; or
        (2) used to house offenders who are required to serve theirsentence in a county jail.
    (c) The department may provide funds under this chapter for theconstruction of a facility under subsection (b) in an amount that doesnot exceed fifty percent (50%) of the cost of construction of thefacility. The funds provided under this subsection may not be usedfor any purpose other than the construction of the facility.
    (d) The counties acting under subsection (b) shall provide thefunds required for:
        (1) the construction of the facility in addition to the fundsprovided 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 undersubsection (b) may not be used for any purpose other than theoperation 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 mayterminate its participation by delivering a resolution of the board ofcounty commissioners or city-county council to the commissioner.Upon withdrawal from the subsidy program, the board of countycommissioners or city-county council may adopt a resolution statingthat it is in the best interests of the county that the communitycorrections advisory board be dissolved, whereupon the countycommissioners or city-county council shall pay and discharge anydebts or liabilities of the advisory board, collect and distribute assetsof the advisory board under the laws of Indiana, and pay over anyremaining 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 statutoryauthority of any elected official, including the county sheriff'sauthority 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 eachcommunity having a community corrections program. The fund shallbe administered by the community corrections advisory board inaccordance with rules adopted by the department under subsection(c). The expenses of administering the fund shall be paid from moneyin the fund. Money in the fund at the end of a fiscal year does notrevert to any other fund. The fund consists of fees deposited undersubsection (b). Money in the fund may be used only for the provisionof community corrections program services, including servicesallowed 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 acommunity corrections program by an agency or program, acommunity corrections program may collect from a participant a userfee assessed in accordance with rules adopted under subsection (c).Community corrections user fees collected under this section shall bedeposited into the community corrections fund established by thissection.
    (c) The department shall adopt rules under IC 4-22-2 governingthe following:
        (1) The maximum amount that a community correctionsprogram 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 boardsof community corrections funds and the community corrections

home detention fund, including criteria for expenditures fromthe 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.)