in-20260930-IR-210260361FNA: COMMUNITY CORRECTIONS FUNDING

TITLE 210 DEPARTMENT OF CORRECTION Notice of First Public Comment Period LSA Document #26-361 COMMUNITY CORRECTIONS FUNDING PURPOSE OF NOTICE The Indiana Department of Correction (IDOC) is soliciting public comment on amending rules at 210 IAC 2-1 concerning the community corrections grant formula and funding. ADDITIONAL DOCUMENTS Regulatory Anyalysis: 20260930-IR-210260361RAA Notice of Public Hearing: 20260930-IR-210260361PHA CITATIONS AFFECTED: 210 IAC 2-1 AUTHORITY: IC 11-8-2-5 OVERVIEW Basic Purpose and Background The proposed rule seeks to address a clearly defined issue by establishing updated standards that improve clarity, consistency, and compliance within the affected regulatory framework. This action is necessary to resolve longstanding gaps in guidance and support the rule's overall purpose of ensuring fair, efficient, and transparent implementation of the community corrections grant. The rulemaking primarily affects legislative offices, administrative staff, and other stakeholders involved in policy development and operational oversight, as well as community corrections stakeholders and local government. By refining these requirements, the proposal aims to enhance coordination and improve outcomes for all parties impacted by the rule. The implementation costs of the proposed rule are not expected to exceed the threshold set in IC 4-22-2-22.7(c)(6). For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator: For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is: Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator. REQUEST FOR PUBLIC COMMENT IDOC is soliciting public comment on the proposed rule. Comments may be submitted in one of the following ways: COMMENT PERIOD DEADLINE All comments must be postmarked or time-stamped not later than October 30, 2026. The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis, and materials incorporated by reference (if applicable) are on file at the Department of Correction, Legal Office, 302 West Washington Street, Room E-334, Indianapolis, Indiana and are available for public inspection. Copies of the rule, Regulatory Analysis, and appendices referenced in the Regulatory Analysis are available at the Department of Correction office. If IDOC does not receive substantive comments during the public comment period or public hearing, the rule may be adopted with text that is the same as or does not substantially differ from the text of the proposed rule published in this notice. PROPOSED RULE Sec. 1. (a) This section governs the procedures whereby counties make application apply for financial aid and outlines the community corrections plan. (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. Priority for funding community corrections programs, as defined by IC 11-12-1-1, shall be given to those programs that assist in diverting offenders from the department of correction (department). Other types of programs shall also be considered for funding. (c) Program components and services that may be considered for funding are as follows: (d) Grant applicants shall submit an application on the form prescribed by the department, of correction and it shall must 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. (e) Any application being considered for funding must be submitted to the county commissioners or city county council for review and approval or disapproval, who will, in turn, submit the application to the commissioner of the department. of correction. Any major alteration of the program concept or service delivery system during the funding period shall require the approval of the same authorities involved in the original grant process. (f) Applicants shall submit any additional program component description or justification for funding upon on request by the department. of correction. (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. (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. (i) The community corrections plan shall include the following: (j) The community corrections plan shall accompany the application unless otherwise indicated by the department. (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. (l) (g) In evaluating community corrections grant applications, the department of correction will take into consideration the following factors: (m) Consistent with IC 11-12-2-8, (h) 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. (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: do not exceed rates and written policies approved for other local county employees. (o) Any A county that has questions concerning questioning 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 the application or award A request for reconsideration must be in writing and through a written request received by the commissioner within fifteen (15) days after a the county has been informed of its is notified of its approved grant award, and after which the county will be advised to submit an amended application. of the final decision on reconsideration. Sec. 2. (a) This section governs the minimum standards for establishing, operating, and evaluating correctional programs funded under IC 11-12-2. (b) Programs involving domiciliary care shall must be established and operated in accordance with the following: Such These programs shall be are subject to inspection in the same manner as all other facilities and programs supported by public funds. (c) Programs involving residential care shall be governed by applicable licensing, inspection, and other supervisory requirements imposed by law. (d) Programs of referral shall be are required to meet all state and federal licensing requirements. (e) Educational and vocational type service programs shall meet standards set forth by the department of education. (f) Court supervision programs, including any form of specialized probation services, shall meet standards prescribed by the probation standards and practices committee as promulgated by the judicial conference. (g) Program components that assess user fees under IC 31-6-4-18, 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 (department), for approval, a written fee schedule, approved by the local advisory board, for each program component. The fee schedule shall must 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. (h) In accordance with IC 11-12-2-3(a)(3), a written annual report will be required of all community corrections programs funded under IC 11-12-2 and will contain an evaluation of the effectiveness of the program, recommendations for improvement, modification, or discontinuance of the program, or any other data agreed upon in the original grant. The aforementioned reports will be submitted according to a schedule established by the department. of correction. (i) Programs receiving community corrections grant funds will be required to submit reports as required by the department of correction outlining the program activities and a monthly financial report detailing the month's expenditures and other reports as required by the department. of correction. (j) All program activity reports and monthly financial reports will be submitted in a format prescribed by the policies and procedures of the department. of correction. (k) All program activity reports and monthly financial reports will be submitted to the commissioner or designee by the fifteenth day following the end of the reporting period. (l) Failure to meet any or all of the approved rules shall constitute noncompliance and may lead to temporary or permanent termination of funding consistent with IC 11-12-2-6. (m) Any program receiving state funding under IC 11-12 is subject to inspection by the commissioner of the department of correction or the commissioner's designee. Sec. 3. The department of correction (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: Sec. 4. (a) This section governs the disbursement of community corrections funds. (b) The department of correction (department), after having determined the amount of grant funds available to a county, shall cause the amount, less charges to the county under IC 11-12-2-9, to be encumbered against appropriations available for the purpose of implementing IC 11-12-2-1. (c) The county shall make claim for available funds monthly, in arrears, on forms prescribed by the department of correction and approved by the state board of accounts. The claims shall be for not more than one-twelfth (1/12) of the grant available, less charges made under IC 11-12-2-9 and advancements made under IC 11-12-2-5. (d) The claims shall be certified to the department of correction by the county auditor. (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". (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. (g) In the event that two (2) or more counties join in implementing the Community Corrections Grant Act, as provided by IC 11-12-2-2(c), funds shall be paid to the county designated to act as fiscal agent for the joint venture. Documents Incorporated by Reference: None Received by Publisher Small Business Regulatory Coordinator: Anna Quick, Chief Legal Officer, Indiana Department of Correction, 302 West Washington Street, Indianapolis, IN 46204, (317) 233-3645, anquick@idoc.in.gov