certain cost savings; transfer of funds from the department for certain programs 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: (1) to counties for the establishment and operation of community corrections programs and court supervised recidivism reduction programs; and (2) to support a probation department, pretrial diversion program, or jail treatment program. 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) Before March 1 of each year, the department shall estimate the amount of any operational cost savings that will be realized in the state fiscal year ending June 30 from a reduction in the number of individuals who are in the custody or made a ward of the department of correction (as described in IC 11-8-1-5) that is attributable to the sentencing changes made in HEA 1006-2014 as enacted in the 2014 session of the general assembly. The department shall make the estimate under this subsection based on the best available information. If the department estimates that operational cost savings described in this subsection will be realized in the state fiscal year, the following apply to the department: (1) The department shall certify the estimated amount of operational cost savings that will be realized to the budget agency and to the auditor of state. (2) The department may, after review by the budget committee and approval by the budget agency, make additional grants as provided in this chapter to: (A) county jails to provide evidence based mental health and addiction forensic treatment services; and (B) counties for the establishment and operation of pretrial release programs, diversion programs, community corrections programs, and court supervised
recidivism reduction programs; from funds appropriated to the department for the department's operating expenses for the state fiscal year. (3) The maximum aggregate amount of additional grants and transfers that may be made by the department under subdivision (2) for the state fiscal year may not exceed the lesser of: (A) the amount of operational cost savings certified under subdivision (1); or (B) eleven million dollars ($11,000,000). Notwithstanding P.L.205-2013 (HEA 1001-2013), the amount of funds necessary to make any additional grants authorized and approved under this subsection and for any transfers authorized and approved under this subsection, and for providing the additional financial aid to courts from transfers authorized and approved under this subsection, is appropriated for those purposes for the state fiscal year, and the amount of the department's appropriation for operating expenses for the state fiscal year is reduced by a corresponding amount. (c) The commissioner shall coordinate with the division of mental health and addiction in issuing community corrections and court supervised recidivism reduction program grants to programs that provide alternative sentencing projects for persons with mental illness, addictive disorders, intellectual disabilities, and developmental disabilities. Programs for addictive disorders may include: (1) addiction counseling; (2) inpatient detoxification; and (3) medication assisted treatment, including a federal Food and Drug Administration approved long acting, nonaddictive medication for the treatment of opioid or alcohol dependence. (d) Grants awarded under this chapter: (1) must focus on funding evidence based programs, including programs that address cognitive behavior, that have as a primary goal the purpose of reforming offenders; and (2) may be used for technology based programs, including an electronic monitoring program. (e) Before the tenth day of each month, the department shall compile the following information with respect to the previous month: (1) The number of persons committed to the department. (2) The number of persons: (A) confined in a department facility; (B) participating in a community corrections program; and (C) confined in a local jail under contract with or on behalf of the department. (3) For each facility operated by the department: (A) the number of beds in each facility; (B) the number of inmates housed in the facility; (C) the highest felony classification of each inmate housed in the facility; and (D) a list of all felonies for which persons housed in the facility have been sentenced. (f) The department shall: (1) quarterly submit a report to the budget committee; and (2) monthly submit a report to the justice reinvestment advisory council (as established in IC 33-38-9.5-2); of the information compiled by the department under subsection (e). The report to the budget committee must be submitted in a form approved by the budget committee, and the report to the advisory council must be in a form approved by the advisory council. 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; P.L.168-2014, SEC.24; P.L.117-2015, SEC.7; P.L.179-2015, SEC.1; P.L.209-2015, SEC.5; P.L.149-2016, SEC.40; P.L.69-2016, SEC.1; P.L.65-2018, 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 executive of the most populous municipality in the county or the executive's designee; (4) two (2) judges having criminal jurisdiction, if available, appointed by the circuit court judge or the judges' designees; (5) one (1) judge having juvenile jurisdiction, appointed by the circuit court judge; (6) 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; (7) 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; (8) one (1) ex-offender, if available, appointed by the county executive or, in a county having a consolidated city, by the city-county council; (9) the director of the local office of the department of child services or the director's designee; (10) a representative from a juvenile correctional facility or juvenile detention center in the county, but if no facility exists, one (1) mental health representative chosen by the judge described in subdivision (5); (11) a representative from the Juvenile Detention Alternatives Initiative, but if no program exists, a representative from the court appointed special advocate program in the county or guardian ad litem program in the county; and (12) 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) juvenile probation officer. (D) One (1) educational administrator. (E) One (1) representative of a private correctional agency, if such an agency exists in the county. (F) One (1) mental health administrator, or, if there is none available in the county, one (1) psychiatrist, psychologist, or physician. (G) 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)(6), (a)(9), and (a)(12)(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; P.L.86-2017, SEC.1.