Sec. 4. (a) Except as provided in subsection (h), a county or group of counties, or a court or a group of courts, seeking financial aid under this chapter must apply to the commissioner in a manner and form prescribed by the commissioner. If the application is for a community corrections program, the application must include a community corrections plan that has been approved by the community corrections board and the county executive or, in a county having a consolidated city, by the city-county council. If the application is for a court supervised recidivism reduction program, a probation department, a pretrial diversion program, or a jail treatment program, the application must include information required by the department. If:

(1) the application is from a county (not including a court); and

(2) the county operates a community corrections program;

the application must be approved by the community corrections advisory board. The commissioner shall give priority consideration to applicants that demonstrate collaboration between the local community corrections advisory board and the probation department, court supervised recidivism reduction program, juvenile justice program, pretrial diversion program, or jail treatment program. No county may receive financial aid until its application is approved by the commissioner.

(b) A community corrections plan must comply with rules adopted under section 5 of this chapter and must include:

(1) a description of each program for which financial aid is sought;

(2) the purpose, objective, administrative structure, staffing, and duration of the program;

(3) a method to evaluate each component of the program to determine the overall use of department approved best practices for the program;

(4) the program's total operating budget, including all other sources of anticipated income;

(5) the amount of community involvement and client participation in the program;

(6) the location and description of facilities that will be used in the program;

(7) the manner in which counties that jointly apply for financial aid under this chapter will operate a coordinated community corrections program; and

(8) a plan of collaboration among the probation department, the community corrections program, and any other local criminal justice agency that receives funding from the department for the provision of community supervision for adult offenders. Counties are encouraged to include the courts, prosecuting attorneys, public defenders, and sheriffs when addressing the needs of the local criminal justice population. The community supervision collaboration plan must be submitted to the department and the office of judicial administration annually and must include:

(A) a description of the evidence based services provided to felony offenders by the community corrections program, the probation department, and other criminal justice agencies;

(B) the manner in which the community corrections program, the probation department, and other criminal justice agencies intend to reduce the duplication of services to offenders under community supervision;

(C) the manner in which the community corrections program, the probation department, and other criminal justice agencies intend to coordinate operations and collaborate on the supervision of adult felony offenders;

(D) the eligibility criteria established for community based services provided to adult felony offenders;

(E) the criteria for using the community corrections program as an intermediate sanction for an offender's violation of probation conditions;

(F) a description of how financial aid from the department, program fees, problem solving court user fees, and probation user fees will be used to provide services to adult felony offenders; and

(G) documentary evidence of compliance with:

(i) department rules for community corrections programs;

(ii) judicial conference of Indiana standards for probation departments and problem solving courts;

(iii) prosecuting attorneys council of Indiana diversion and deferral guidelines;

(iv) Indiana jail standards; and

(v) division of mental health and addiction standards for jail treatment programs.

(c) A community corrections plan must be annually updated, approved by the county executive or, in a city having a consolidated city, by the city-county council, and submitted to the commissioner.

(d) No amendment to or substantial modification of an approved community corrections plan may be placed in effect until the department and county executive, or in a county having a consolidated city, the city-county council, have approved the amendment or modification.

(e) A copy of the final plan as approved by the department shall be made available to the board in a timely manner.

(f) The commissioner may, subject to availability of funds, give priority in issuing additional financial aid to counties with a community supervision collaboration plan approved by the department and the office of judicial administration. The additional financial aid may be used for any evidence based service or program in the approved plan.

(g) Purposes for which the commissioner may award financial aid under this chapter include:

(1) assisting a county in defraying the expenses of incarceration;

(2) funding mental health, addiction, and cognitive behavior treatment programs for incarcerated persons;

(3) funding mental health, addiction, and cognitive behavior treatment programs for persons who are on probation, are supervised by a community corrections program, or are participating in a pretrial diversion program offered by a prosecuting attorney;

(4) funding work release and other community corrections programs;

(5) reimbursing a county for probation officer and community correction officer salaries; and

(6) funding a court appointed forensic advocate program (as described in IC 35-36-12) for persons who are on probation, are supervised by a community corrections program, or are participating in a pretrial diversion program.

(h) If the application described in subsection (a) is for a juvenile justice program, the county executive, or in a county having a consolidated city, the city-county council, may apply directly to the division of youth services in a manner and form prescribed by the commissioner.

As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.240-1991(ss2), SEC.64; P.L.105-2010, SEC.3; P.L.24-2014, SEC.1; P.L.179-2015, SEC.3; P.L.69-2016, SEC.2; P.L.86-2017, SEC.2; P.L.65-2018, SEC.3.