in-20260930-IR-210260361RAA: 210 IAC 2-1-3

TITLE 210 DEPARTMENT OF CORRECTION Regulatory Analysis LSA Document #26-361 I. Description of Rule II. Fiscal Impact Analysis III. Impacted Parties IV. Changes in Proposed Rule Citation Original Language Proposed Changes Why 210 IAC 2-1-1(a) Sec. 1. (a) This section governs the procedures whereby counties make application for financial aid and outlines the community corrections plan. Sec. 1. (a) This section governs the procedures whereby counties make application apply for financial aid and outlines the community corrections plan. Technical Correction 210 IAC 2-1-1(b) (b) The commissioner of correction, consistent with IC 11-12-2-1, shall make grants to counties for the establishment and operation of community corrections programs. (b) The commissioner of correction, consistent with IC 11-12-2-1, shall make grants to counties for the establishment and operation of community corrections programs. Technical Correction 210 IAC 2-1-2(d) (d) Grant applicants shall submit an application on the form prescribed by the department of correction and it shall be complete and consistent with IC 11-12-2-4. No county may receive financial aid until its application is approved by the commissioner. (d) Grant applicants shall submit an application on the form prescribed by the department of correction and it shall be complete and consistent with IC 11-12-2-4 and IC-11-12-2-2. No county may receive financial aid until its application is approved by the commissioner. Add the CC Advisory Board Section of Code that is needed when submitting an application. 210 IAC 2-1-1(g) (g) Applicants shall identify the program's total itemized operating budget and the total itemized operating budget for each program component. The itemized operating budget shall include all sources of income, including project income as defined in the Community Corrections Grant Act Procedural Manual. (g) Applicants shall identify the program's total itemized operating budget and the total itemized operating budget for each program component. The itemized operating budget shall include all sources of income, including project income as defined in the Community Corrections Grant Act Procedural Manual. Language is no longer accurate. 210 IAC 2-1-1(h) (h) Applicants for community corrections funds shall be prepared to show at the time of application that they are in compliance with IC 11-12-2-2 in the development of a community corrections advisory board and that such board is operational. (h) Applicants for community corrections funds shall be prepared to show at the time of application that they are in compliance with IC 11-12-2-2 in the development of a community corrections advisory board and that such board is operational. Already in code and referenced in (d). 210 IAC 2-1-1(i) (i) The community corrections plan shall include the following: (1) Current expenditures for local corrections. (2) Estimated use of probation, both at the adult and juvenile level. (3) The number of executed commitments to the department of correction within the past fiscal year. (4) Impact relationship between this project and current correctional needs in the jurisdiction. (5) Continuum of sanctions for adults and continuum of services for juveniles within the local jurisdiction. (6) Definitions that are consistent with the definitions found in the glossary of the Community Corrections Grant Act Procedural Manual. (i) The community corrections plan shall include the following: (1) Current expenditures for local corrections. (2) Estimated use of probation, both at the adult and juvenile level. (3) The number of executed commitments to the department of correction within the past fiscal year. (4) Impact relationship between this project and current correctional needs in the jurisdiction. (5) Continuum of sanctions for adults and continuum of services for juveniles within the local jurisdiction. (6) Definitions that are consistent with the definitions found in the glossary of the Community Corrections Grant Act Procedural Manual. Guidelines are established in the Indiana Code. 210 IAC 2-1-1(j) (j) The community corrections plan shall accompany the application unless otherwise indicated by the department. (j) The community corrections plan shall accompany the application unless otherwise indicated by the department. Language is no longer accurate and within code in IC 11-12-2-4. 210 IAC 2-1-1(k) (k) The application for funds shall show how long the program is to be sustained. Applicants should be prepared to show how the program is to be sustained in the event funds are not appropriated by the Indiana legislature in the future. (k) The application for funds shall show how long the program is to be sustained. Applicants should be prepared to show how the program is to be sustained in the event funds are not appropriated by the Indiana legislature in the future. Language is no longer accurate and within code in IC 11-12-2-4. 210 IAC 2-1-1(m) (m) Consistent with IC 11-12-2-8, The department of correction will not award money to a county to supplant spending for currently funded correctional programs, nor to construct or renovate county jails. (m) Consistent with IC 11-12-2-8, The department of correction will not award money to a county to supplant spending for currently funded correctional programs, nor to construct or renovate county jails. Code cite is no longer accurate. 210 IAC 2-1-1(n) (n) Counties requesting funding under the Community Corrections Grant Act shall ensure that requests for reimbursement or expenses, or both, including, but not limited to: (1) mileage; (2) per diem expenses; (3) subsistence costs; (4) out-of-state travel; (5) employee wage increases; and (6) training and registration costs; do not exceed rates and written policies approved for other local county employees. (n)(h) Counties requesting funding under the Community Corrections Grant Act shall ensure that requests for reimbursement or expenses, or both, including, but not limited to: (1) mileage; (2) per diem expenses; (3) subsistence costs; (4) out-of-state travel; (5) employee wage increases; and (6) training and registration costs; do not exceed rates and written policies approved for other local county employees. IDOC does not do this; language is no longer accurate. 210 IAC 2-1-1(o) (o) Any county that has questions concerning the approval or disapproval of any part of its grant application or the amount of money awarded to the county may request that the commissioner of the department of correction reconsider their application or award. A request for reconsideration must be in writing and received by the commissioner within fifteen (15) days after a county has been informed of its approved grant award and advised to submit an amended application. (o)(i) Any county that has questions concerning the approval or disapproval of any part of its grant application or the amount of money awarded to the county may request that the commissioner of the department of correction reconsider their application or award. A request for reconsideration must be in writing and received by the commissioner within fifteen (15) days after a county has been informed of its approved grant award and advised to submit an amended application. A county questioning the approval, disapproval, or amount awarded may request that the commissioner reconsider the application or award through a written request received within fifteen (15) days after the county is notified of its approved grant award, after which the county will be advised of the final decision on reconsideration. Text was unclear and new sentence provides clarification. 210 IAC 2-1-2(g) (g) Program components that assess user fees under IC 31-6-4-18 [IC 31-6 was repealed by P.L.1-1997, SECTION 157, effective July 1, 1997.], IC 35-38-2-1, or IC 35-38-2.5-6, or collect any other user fee from a participant in a community correction program component shall provide to the department of correction, for approval, a written fee schedule, approved by the local advisory board, for each program component. The fee schedule shall specify how the fees are determined, including the rationale for determining the minimum and maximum amounts assessed for each program and the policy for serving the indigent population. (g) Program components that assess user fees under IC 31-6-4-18 [IC 31-6 was repealed by P.L.1-1997, SECTION 157, effective July 1, 1997.], IC 35-38-2-1, or IC 35-38-2.5-6, or collect any other user fee from a participant in a community correction program component shall provide to the department of correction, for approval, a written fee schedule, approved by the local advisory board, for each program component. The fee schedule shall specify how the fees are determined, including the rationale for determining the minimum and maximum amounts assessed for each program and the policy for serving the indigent population, as referenced in IC 35-38-2.5-6. Remove inaccurate and repealed code cites. Technical corrections. Updating code citation. 210 IAC 2-1-3 Sec. 3. The following formula will be utilized as a guideline in the distribution of community corrections funds under IC 11-12-2-1: (1) All qualified applicant counties will be scored in accordance with a formula consisting of the following three (3) factors: (A) Total county population, according to the most recent federal census, or, in the intervening years between the taking of the federal census, determination will be made according to the most recently published projection of the Indiana state department of health. (B) Total county population ten (10) years of age through thirty-four (34) years of age according to the most recent federal census, or, in the intervening years between the taking of the federal census, determination will be made according to the most recent projection of the Indiana state department of health. (C) The third factor is to be calculated as follows: (i) Determine the net value of taxable property as same appears for the most recent tax year in the most recent annual report of the auditor of state. (ii) Divide the amount determined in item (i) by the total population of the individual county to obtain a per capita of net taxables. (iii) Add the results obtained in item (ii) and reduce same to a percentage of the total for each county. (iv) The result will then be the percentage for the third factor. (2) Each qualified applicant county is then scored as follows: (A) The applicant county's total population is divided by the total population of all qualified applicant counties. The percentage thus obtained is to be carried to the third decimal. (B) The applicant county's population ten (10) years of age through thirty-four (34) years of age is divided by the total population ten (10) years of age through thirty-four (34) years of age for all qualified applicant counties. The percentage thus obtained is to be carried to the third decimal. (3) The percentage given each county in each of the foregoing factors will be added to the percentage obtained by the computation of the third factor and will be divided by three (3). Current language replaced with: Sec. 3. The department will use the following formula will be utilized as a guideline in the distribution of community corrections funds under IC 11-12-2-1: (1) All qualified applicant counties shall be scored in accordance with a formula consisting of the following four (4) factors: (A) The population and arrests factor is calculated as follows: STEP ONE: Total county population, according to the most recent federal census, or, in the intervening years between the taking of the federal census, determination will be made according to the most recently published projection of the federal census, shall be divided by the total population of all qualified applicant counties. STEP TWO: The applicant county's total arrests shall be divided by the total arrests of all counties, based on Indiana State Police data. STEP THREE: The results obtained in STEP ONE and STEP TWO shall be added together. STEP FOUR: The sum determined in STEP THREE shall be divided by two (2). The resulting number constitutes the first factor. (B) The disposed cases and department admissions factor is calculated as follows: STEP ONE: The applicant county's felony disposed cases minus Department of Correction admissions shall be determined. STEP TWO: The amount determined in STEP ONE shall be divided by the total felony disposed cases minus total Department of Correction admissions for all counties. The resulting number constitutes the second factor. (C) The per capita net tax factor is calculated as follows: STEP ONE: The applicant county's per capita net tax shall be calculated using the most recent data available from the Department of Local Government and Finance. STEP TWO: The amount determined in STEP ONE shall be divided by the total per capita net tax of all qualified applicant counties. The resulting number constitutes the third factor. (D) The work release capacity factor is calculated as follows: STEP ONE: The applicant county's work release capacity shall be determined as reported in the grant application. STEP TWO: The amount determined in STEP ONE shall be divided by the total work release capacity of all counties. The resulting number constitutes the fourth factor. This number will be zero for those counties that do not have a work release program. (2) The numbers assigned to each county for each of the four (4) factors described in subsection (1) shall be reduced to a percentage and carried to the third decimal. (3) The percentage given each county in each of the foregoing factors shall be added together, and the resulting sum shall be divided by four (4). New Funding Formula language 210 IAC 2-1-4(e) (e) The claims shall be made payable to the county auditor and shall be quietused into a separate fund known as the "Community Corrections Fund". (e) The claims shall be made payable to the county auditor and shall be quietused deposited into a separate fund known as the "Community Corrections Fund". Technical Correction 210 IAC 2-1-4(f) (f) Funds shall be disbursed from the Community Corrections Fund for purposes of implementing the county community corrections plan as otherwise provided by law. (f) Funds shall be disbursed from the Community Corrections Fund for purposes of implementing the county community corrections plan as otherwise provided by law and for no other purpose. Technical Correction V. Benefit Analysis VI. Cost Analysis VII. Sources of Information VIII. Regulatory Analysis IX. Contact Information of Staff to Answer Substantive Questions Readoption Review LSA Document #26-361 I. Statement Whether the Subject Matter Covered by the Rule Remains Carried out by the Agency II. Rationale for the Continued Need for the Rule III. Analysis of fees, fines, and civil penalties under IC 4-22-2-19.6 IV. Cost-Benefit, Economic Impact, Fiscal Impact, or Regulatory Burden Statements V. Alternative Methods of Achieving the Purpose of the Rule VI. Complaints and Comments VII. Difficulties Encountered VIII. Changes in Technology, Economic Conditions, or Other Factors IX. Other State or Federal Requirements X. Previous Amendments XI. Integration into Indiana Code XII Contact Information of Staff to Answer Substantive Questions Notice of First Public Comment Period: 20260930-IR-210260361FNA Notice of Determination Received: August 31, 2026