IN Code § 11-12-2-1 (2021)
2021 Indiana Code|Title 11. Corrections|Article 12. Community Corrections|Chapter 2. State Grants to Counties for Community Corrections and Charges to Participating Counties for Confined Offenders|11-12-2-1. Purpose and Availability of Grants; Funding; Certification of 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.