(A) This rule establishes the minimum
requirements local corrections agencies shall meet to be eligible for funding
from the department of rehabilitation and correction ("department")
for the development, implementation, and operation of a continuum of community
control sanctions and the procedures to apply for such funding.
(B) Each local or joint county
correction's planning board established pursuant to paragraphs (B) and (C)
of rule 5120:1-5-02 of the Administrative Code, shall adopt within eighteen
months after its establishment, and periodically shall revise, a comprehensive
plan as set forth in this paragraph.
In order to be eligible for funds from the
department, unless otherwise waived pursuant to rule 5120:1-5-02 of the
Administrative Code, the planning board shall design a comprehensive plan for
the development, implementation, and operation of corrections services in a
county or a group of counties, which shall be included with a grant application
as set forth in paragraph (C) of this rule. The plan shall be designed to
accomplish all of the goals set forth in paragraph (B)(1) of this rule and
provide all of the information required by paragraphs (B)(2), (B)(3) and, if
applicable, (B)(4) of this rule.
(1) The goals shall be
to:
(a) Unify or coordinate its corrections services through
consolidation, written agreements, purchase of service contracts, letters of
support from local criminal justice officials including the appropriate
regional office of the adult parole authority, or other means.
(b) Improve the quality and efficiency of its corrections
programs and reduce the number of eligible offenders committed from a county, a
group of counties, or municipalities to state penal institutions, and/or to
local corrections agencies, during the previous grant year, as
applicable.
(c) Demonstrate the cost effectiveness of sanctions as compared
to similar sanctions in other jurisdictions and the actual cost of
incarceration in state penal institutions or local corrections agencies for the
prior fiscal year.
(d) Reduce recidivism as determined by the department and the
applicant.
(2) Complete a
demographic and criminal justice system profile of the following areas to
facilitate assessing the county's criminal justice system for problem
areas and possible solutions:
(a) Law enforcement;
(b) Prosecution including victim services;
(c) Public defender/indigent defense;
(d) Probation and parole services;
(e) Judiciary;
(f) Pre-trial services;
(g) Jails;
(h) Halfway houses and community-based correctional facilities;
and
(i) Community agencies.
(3) Develop a continuum
of sanctions that are appropriate for the target population by providing the
following information:
(a) A progression of sanctions for eligible offenders which shall
include all proposed and existing programs and facilities, whether they are
governmentally or privately operated;
(b) The target population of eligible offenders;
(c) Criteria for placement eligibility;
(d) The official capacity of the person making the placement
decision;
(e) The point in the criminal justice system at which various
sanctions are imposed on eligible offenders;
(f) Factors contributing to the target population's movement
through various sanctions, such as program completion, new arrests, medical
concerns and absconding; and
(g) The coordination of services and an explanation of any
duplication of offender services.
(4) If a county has a
community-based correctional facility and program established in accordance
with sections 2301.51 to 2301.58 of the Revised Code, the local corrections
planning board shall include the facility and program as part of the
comprehensive plan. However, the budget of the facility and program shall not
be subject to approval by the board or included in the grant application
funding request.
(C) Any time a county, group of counties,
municipality, or their planning board, if established, desires to receive
funding from the department for the development, implementation and operation
of a community control sanction, then a grant application shall be submitted.
The requirements for completion of a grant application shall include, but not
be limited to, the following:
(1) General information
such as grantee name, program title, implementing agency, and local official(s)
responsible for administering the grant.
(2) Program objectives
that demonstrate how the goals of CCA funding will be
accomplished.
(3) Clearly defined
measures for each objective that determine it's
effectiveness.
(4) A description of the
program that includes the target population, eligibility criteria for offender
placement, projected number of offenders to be placed, services provided or
available, and possible sanctions for offenders who fail to adhere to program
requirements.
(5) A budget that
identifies and justifies the proposed expenditure of requested
funds.
(6) Upon approval by the
appropriate officials, the grant application, including, the comprehensive
plan, shall be submitted by the local or joint county corrections planning
board, to the director of the department or director's designee for review
and written approval or disapproval.
(D) If a grant application, submitted
pursuant to paragraph (C) of this rule, is approved, then the chief of the
bureau of community sanctions of the department shall prepare a grant agreement
which includes, but shall not be limited to, the grant time period; funding
level of the community control sanctions; and any deviation cap and
accompanying funding reduction formula established pursuant to rule 5120:1-5-06
of the Administrative Code.
The chief of the bureau shall submit the grant
agreement to the county commissioners or municipal official for their approval.
Upon approval, the agreement shall be submitted to the department for the
director or designee's approval.
(E) If a grant application submitted
pursuant to paragraph (C) or (D) of this rule is disapproved, either the local
or joint county corrections planning board may submit to the director or
designee for written approval or disapproval, within thirty days of notice of
such disapproval, a written request for reconsideration which shall include
specific reasons justifying the grant application.
(F) If, during the fiscal year, the local
or joint county corrections planning board desires to change the amount of
funding in an approved grant application, then a written request shall be
submitted to the chief of the bureau of community sanctions of the department,
for review and written approval or disapproval. If disapproved, the chief shall
provide reasons and alternative recommendations to the board(s).
(G) Selection criteria:
The selection of community control sanctions to
be funded by the department, shall be determined by the requirements set forth
in paragraph (B) of this rule, if applicable, and paragraph (C) of this rule,
in addition to the following criteria:
(1) For continuation of
or establishing new community control sanctions:
(a) The title of the local official responsible for administering
the grant and their authority to represent the corrections
programs;
(b) The extent to which the comprehensive plan, if applicable,
establishes a continuum of sanctions;
(c) The extent to which a program(s) supplements, rather than
reduces or replaces, existing programs;
(d) The degree to which unification or coordination of
correctional services is achieved as demonstrated by, but not limited to,
written agreements, purchase of service contracts, and letters of support from
local criminal justice officials;
(e) The propriety of services used to control the eligible
offender's movements within the county; and
(f) The number and extent of services which are to be provided
for eligible offenders.
(2) For the continuation
of existing community control sanctions only, the following additional
selection criteria shall be considered:
(a) The actual cost per eligible offender, including expenditures
of funds from the department's corrections program, indirect costs or any
other funds used by the county/municipality to operate the program, divided by
the number of eligible offenders, and compare the result to expenditures per
offender by similar programs in other counties;
(b) The actual cost per eligible offender as compared to the
latest annual cost of incarceration in a state penal institution;
(c) The actual cost per eligible offender as compared to the
latest annual cost of incarceration in a local corrections agency;
(d) The degree to which the county/municipality has complied with
community corrections act (CCA) program audit standards of the
department's bureau of community sanctions;
(e) The extent to which the county/municipality has complied with
recommendations contained in the most recent fiscal audit of the
department's internal audit section.
(f) The degree to which the county/municipality achieved its
goals and objectives during the previous funding period.
(3) For new community
control sanctions only, the following additional selection criteria shall be
considered:
(a) The projected cost per eligible offender as compared to
similar programs in other counties/municipalities;
(b) The projected cost per eligible offender as compared to the
latest annual cost of incarceration in a state penal institution;
and
(c) The projected cost per eligible offender as compared to the
latest annual cost of incarceration in a local corrections agency.
(H) Local corrections agencies shall
comply with this chapter of the Administrative Code, as well as all relevant
local, state and federal laws when implementing community control
sanctions.
