Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 196.700 - 196.736
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.702 and 196.710
require the Kentucky State Corrections Commission to administer the community
corrections grant program. KRS 15A.160 and 196.035 authorize the secretary of
the Justice and Public Safety Cabinet to promulgate administrative regulations
necessary or suitable for the proper administration of the functions vested in
the cabinet or any division in the cabinet. This administrative regulation
establishes the application process and administrative procedures for the
community corrections grant programs.
Section
1. Application Process.
(1) The
administrator shall notify eligible applicants of the availability of grant
funds, requirements of the program, grant application format, and deadline for
receiving applications by Web site postings and sending notices to
organizations that communicate with county governments and judicial
organizations.
(2) The grant
program requirements may be reviewed in full at the Justice and Public Safety
Cabinet Web site under the Grants Management Division and Kentucky State
Corrections Commission grants.
(3)
An applicant shall:
(a) Develop a community
corrections program plan in compliance with KRS 196.720;
(b) Have:
1.
A community corrections board established and functioning pursuant to KRS 196.725; or
2. An alternate board
as described in KRS 196.710(3). If an applicant seeks to operate its community
corrections program with oversight by an alternate board instead of a community
corrections board pursuant to KRS 196.710(3), it shall operate under the
following requirements in KRS 196.725:
a. The
board shall provide direction and assistance to the community corrections
program in the design, implementation and evaluation of the community
corrections program plan;
b. The
board members shall not receive compensation for their duties as board members,
but this shall not include the normal salary received by an employee if the
employee is not hired to be a board member;
c. The board shall be subject to the open
meetings law, KRS 61.800 et seq., for any discussion or decision concerning the
community corrections program, plan, or grant;
d. The board shall be subject to the open
records law, KRS 61.870 et seq., for any records concerning the community
corrections program, plan, or grant;
e. The board shall meet on a regular basis;
and
f. Its duties shall include
duties (1) through (4) as stated in KRS 196.725; and
(c) Submit a completed application
through the electronic grant management system used by the cabinet on the
Justice and Public Safety Cabinet Web site under the Grants Management Division
and Kentucky State Corrections Commission grants.
(4) The community corrections program plan
shall include:
(a) A project overview
containing a description of the population to be served and the general format
of the programs;
(b) A projected
budget detailing the manner in which the funds will be expended;
(c) Any local funds or contributions
allocated to the development and implementation of the program plan;
and
(d) Letters of certification of
need and support from the circuit judge, Commonwealth attorney, and the chief
executive officer of the governmental unit.
(5) The community corrections program plan
shall be approved by the board before an application is submitted.
(6) The application shall include:
(a) The community corrections program
plan;
(b)
1. Records showing the creation of the
community corrections board with meeting minutes; or
2. Request for approval of alternate board by
commission;
(c) The
following information for the board:
1. A list
of board members and their area of representation, for example: crime victim,
community leader;
2. Board meeting
schedule;
3. Articles of
incorporation, unless the board is an alternate board that is not incorporated;
and
4. A letter of good standing
for the corporation from the Secretary of State, unless the board is an
alternate board that is not incorporated;
(d) A description of the function and
operation of the board, for an alternate board;
(e) Contact information;
(f) A project narrative;
(g) The specific objectives and operations of
the proposed project;
(h)
Performance indicators;
(i) A
proposed budget narrative;
(j) A
detailed proposed budget summary for personnel, contractual services, travel,
training, and operating expenses; and
(k) Supporting documentation as required
within the application.
Section 2. Eligibility Requirements. The
following programs shall be eligible to apply for funding pursuant to KRS 196.705:
(1) Victim restitution;
(2) Community service work;
(3) Home confinement;
(4) Electronic monitoring;
(5) Drug and alcohol counseling
program;
(6) Day reporting centers;
and
(7) Other programs that are for
a purpose outlined in KRS 196.705.
Section 3. Funds Restrictions. Grant funds
shall be used for the development and implementation of new or enhanced
programs and services for the targeted offenders. The funds shall not be used
to supplant funds previously committed to the programs and services by local or
state government.
(1) Grant funds shall not be
used in a manner prohibited by KRS 196.730 for jail operations or confinement,
the renovation or construction of jail facilities, or the acquisition of
land.
(2) Grant funds shall be
disbursed according to a schedule determined by the commission, but the grant
recipient shall not spend any funds unless services have been
rendered.
Section 4.
Award Procedure.
(1) The administrator shall
forward copies of the grant applications to the commission who shall meet and
determine which applications will be awarded grants at least thirty (30) days
before the start of the funding cycle.
(2) The commission shall make its decision
based on:
(a) The requirements in KRS 196.710;
(b) Assessment of the
proposed program's ability to meet the purposes of community corrections
programs stated in KRS 196.705;
(c)
Strength of proposed program plan, including project overview and proposed
budget;
(d) If applicable, whether
grant requirements were met for a previous grant, including the proper
submission of quarterly reports;
(e) An area of specific grant focus
determined by the commission, if any; and
(f) Other factors of similar importance in
assessing the strength of an application.
(3) The administrator shall notify the
recipient in writing of a grant decision within five (5) days of the
decision.
(4) Grants shall be made
on a year-to-year basis with consideration for continued funding after review
of submitted progress and performance of the current program, as well as any
audit findings. Funding shall not be provided to a program, which has failed to
demonstrate:
(a) An effective sentencing
alternative to incarceration by demonstrating positive outcomes;
(b) Successful program completions;
(c) Lower arrest and supervision revocation
rates;
(d) Cost savings in fewer
days incarcerated; or
(e) Other
positive outcomes supporting KRS 196.702(4).
(5) Reconsideration.
(a) An applicant may request reconsideration
for a decision to deny a grant award for misinterpretation of facts contained
in the original application.
(b) An
applicant shall not request reconsideration for any other matter.
(c) After notification by the administrator
of the grant decision, the applicant may file a reconsideration request in
writing with the grant administrator within five (5) business days after the
notice of the grant decision in the grants management system. Requests for
reconsideration shall be submitted to Department of Corrections, Attn: State
Corrections Commission Grant Administrator, P.O. Box 2400, Frankfort, Kentucky
40602-2400.
(d) The chair of the
commission or designee shall review the reconsideration request and shall
provide a written decision within thirty (30) days. The decision shall be
final.
STATUTORY AUTHORITY: KRS 15A.160, 196.035,
196.710