Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-5 - Community Based Corrections Programs › Section 5120:1-5-07 - Reduction in local funding prohibited

Current through all regulations passed and filed through July 1, 2024
(A) If a municipal corporation, county, or
			 group of contiguous counties receiving a subsidy from the department of
			 rehabilitation and correction ("department") for the development,
			 implementation, and operation of community control sanctions violates any
			 provision of this rule, then the department 
								may discontinue
			 subsidy payments to the recipient, unless a petition for reconsideration has
			 been approved pursuant to paragraph (D) of this rule.
(B) No municipal corporation, county, or
			 group of counties receiving subsidy funds from the department for corrections
			 programs shall reduce, by the amount of the subsidy it receives or by a greater
			 or lesser amount, the amount of local, nonfederal funds it expends for
			 corrections, including, but not limited to, expenditures for the operation of
			 local corrections agencies and for any county or municipal probation
			 department. Each subsidy shall be used to make corrections expenditures in
			 excess of those being made from local, nonfederal funds.
(C) No municipal corporation, county, or
			 group of counties receiving subsidy funds from the department for corrections
			 programs shall use such funds for capital improvements.
			 
								If a
			 recipient uses such funds for capital improvements, the department shall
			 discontinue subsidy payments to the recipient according to the procedure
			 outlined in paragraph (D) of this rule and require the recipient to reimburse
			 the department to the extent a subsidy was used for capital
			 improvements.
(D) If a municipal
			 corporation, county, or group of counties is found to have violated paragraphs
			 (B) and/or (C) of this rule, the appropriate board of county commissioners,
			 mayor or city manager shall be given written notice, by the director or
			 designee of the department, of the reason(s) for the intent to discontinue
			 subsidy payments to the recipient, sixty days prior to the actual
			 discontinuation of funding. The commissioners, mayor or city manager shall have
			 thirty days following the receipt of such notice in which to present a petition
			 for reconsideration to the director. Within thirty days of receipt of the
			 petition, the director or designee shall respond, in writing, either approving
			 the petition by continuing or reducing subsidy payments or disapproving the
			 petition and stating the reason(s) for the disapproval.
(E) A municipal corporation, county, or group
			 of counties wishing to withdraw from participating in the department's funding
			 of community control sanctions shall notify, in writing, the director or
			 designee of the department of their intention to withdraw from the program and
			 include a copy of the appropriate board of county commissioner's, mayor's or
			 city manager's resolution to that effect.
(F) If a municipal corporation, county, or
			 group of counties ceases to participate in the Community Corrections Act
			 program pursuant to paragraph (D) or (E) of this rule, the department's bureau
			 of community sanctions shall make arrangements to have a financial close-out
			 audit conducted of their fiscal records equipment, supplies, and other tangible
			 property that relate to the Community Corrections Act program. Any funds,
			 equipment, supplies, or other tangible property determined by the audit to be
			 due to or owned by the department, shall be returned to the department unless a
			 written waiver is granted.
(G) If a
			 municipal corporation, county or group of counties receiving subsidy funding
			 does not meet the requirements set forth in rule
			 5120:1-5-04
			 of the Administrative Code, the department's bureau of community sanctions may
			 reduce funding in whole or in part. If funding is reduced, the department's
			 bureau of community sanctions will provide to the county commissioners, mayor
			 or city manager written notification detailing the reason for the reduction.
			 The commissioners, mayor or city manager shall have thirty days following the
			 receipt of such notice in which to present a petition for reconsideration to
			 the director. Within thirty days of receipt of the petition, the director or
			 designee shall respond, in writing, either approving the petition by continuing
			 or reducing subsidy payments or disapproving the petition and stating the
			 reason(s) for the disapproval.
(H)
			 This rule, including, but not limited to, its provisions relative to notice and
			 reconsideration, does not apply to any funding reduction imposed pursuant to
			 paragraph (D) of rule
			 5120-5-06 of the
			 Administrative Code.