Rules & Regulations of the State of Tennessee
Title 0420 - Correction
Subtitle 0420-02 - Division of County Programs
Chapter 0420-02-02 - Tennessee Community Corrections Program
Section 0420-02-02-.12 - PERFORMANCE CRITERIA
Universal Citation: TN Comp Rules and Regs 0420-02-02-.12
Current through September 24, 2024
(1) Conditions of Compliance.
(a) In order to remain eligible
for continued grant funding through the Tennessee Community Corrections Act,
the grant recipients shall:
1. Demonstrate
compliance with mandatory state rules, standards and administrative policies
and procedures as evaluated annually by the department. Programs may receive a
waiver from a specific standard (not rules) only with official written approval
from the department. Such waivers shall be for a specific period of time not to
exceed twelve months.
2.
Demonstrate compliance with the goals outlined in rule 0420-2-2-.06.
3. Demonstrate that the per capita cost per
community corrections client is less than the cost of state or local
incarceration and is an effective and efficient use of such funds.
4. Demonstrate achievement of the required
functions of each community corrections advisory board/committee as outlined in
rule 0420-2-2-.08.
5. Demonstrate
that the profiles of offenders served in community corrections resemble those
who would have been incarcerated rather than placed on regular
probation.
(2) Statewide Evaluation and Monitoring.
(a) Each recipient shall participate in a
statewide evaluation of the Tennessee Community Corrections Act, including the
rules and standards covering community corrections.
(b) The Department shall establish and
operate a statewide management information system to monitor the effectiveness
of community corrections by participating counties and private agencies. Each
program shall participate in the management information system as required by
the department.
(3) Conditions of Non-Compliance.
(a) A recipient
shall be subject to withdrawal of community corrections funds by the Tennessee
Department of Correction when it is in violation of one or more of the
following:
1. The Community Corrections Act,
T.C.A. §
40-36-101 et seq.
2. The written formal grant
agreement.
3. Tennessee Department
of Correction Rules.
4.
Administrative Policies and Procedures.
5. Program Standards.
(b) If the Commissioner determines that there
are reasonable grounds to believe that a grantee is not in compliance, the
grantee shall:
1. Receive written notice of
non-compliance from the Commissioner.
2. Within 30 days of receipt of written
notice, prepare and submit an action plan to describe the actions to be taken
by the grantee to correct deficiencies.
3. After approval by the Commissioner, the
grantee has 45 days to correct deficiencies.
4. The Commissioner may suspend any part or
all of the funding, if the deficiencies are not corrected within 45 days from
the approval of the action plan, or if no satisfactory action plan is submitted
within 30 days from receipt of written notice.
(c) Distribution of community corrections
funds can be temporarily suspended until compliance is achieved or there may be
termination of funds at the discretion of the Commissioner.
Authority: T.C.A. Sections 40-36-105, 40-36-303, 40-36-304 and 40-36-305.
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