Current through all regulations passed and filed through September 16, 2024
(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.
