Texas Administrative Code
Title 37 - PUBLIC SAFETY AND CORRECTIONS
Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE
Chapter 163 - COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS
Section 163.43 - Funding and Financial Management
Universal Citation: 37 TX Admin Code ยง 163.43
Current through Reg. 49, No. 12; March 22, 2024
(a) Funding.
(1) Qualifying for Texas Department
of Criminal Justice Community Justice Assistance Division (TDCJ CJAD) Formula
and Grant Funding. Community supervision and corrections departments (CSCDs or
departments) qualify for TDCJ CJAD state aid by:
(A) Being in substantial compliance with TDCJ
CJAD standards;
(B) Having a
community justice council that serves the jurisdiction as required by
law;
(C) Having a TDCJ CJAD
approved community justice plan with related budgets;
(D) Having a director, appointed as described
in Texas Government Code §
76.004,
to administer all CSCD funds;
(E)
Having a fiscal officer appointed by the district judge(s) manage the CSCD as
set forth in subsection (b) of this rule; and
(F) Complying with the Open Meetings
Act, Texas Government Code Chapter 551 when meeting to finalize the
CSCD budget as required by Texas Local Government Code §
140.004.
(2) Other Entities Qualifying for
TDCJ CJAD Grant Funding. In addition to CSCDs, counties, municipalities and
nonprofit organizations qualify for TDCJ CJAD grant funding by:
(A) Being in substantial compliance with TDCJ
CJAD grant conditions;
(B) Having
budgets related to the program proposal; and
(C) Designating a chief fiscal officer to
account for, protect, disburse, and report on all TDCJ CJAD grant funding, and
to prescribe the accounting procedures related thereto.
(3) Allocating State Aid. State aid shall be
made available to eligible funding recipients in accordance with the applicable
statutory requirements and items set forth in the Financial Management
Manual for TDCJ CJAD Funding issued by TDCJ CJAD.
(4) Awarding TDCJ CJAD Grant Funding. CSCDs,
counties, municipalities and nonprofit organizations that are eligible to
receive grant funding shall meet requirements as set forth in the
Financial Management Manual for TDCJ CJAD Funding and be
approved by the TDCJ CJAD director to receive such funds. Grant funding shall
be made available in accordance with statutory requirements and items as set
forth in the Financial Management Manual for TDCJ CJAD
Funding.
(b) Financial Procedures.
(1) Requested
Information from CSCDs and Other Potentially Eligible TDCJ CJAD Funding
Recipients. Each funding recipient shall present data, documents, and
information requested by the TDCJ CJAD as necessary to determine the amount of
state financial aid to be allocated to the recipient. A funding recipient
receiving TDCJ CJAD funding shall submit such reports, records, and other
documentation as required by the TDCJ CJAD.
(2) Deposit of TDCJ CJAD Funding. In
accordance with Texas Local Government Code §
140.003,
each CSCD, county or municipality shall deposit all TDCJ CJAD funding received
in the county treasury or municipal treasury, as appropriate, to be used on
behalf of the department and as the CSCD directs. Nonprofit organizations shall
deposit all TDCJ CJAD funding received in a separate fund, to be used solely
for the provision of services, programs, and facilities approved by TDCJ
CJAD.
(3) Fee Deposit. Community
supervision fees and payments by offenders shall be deposited into the same
special fund of the county treasury receiving state financial aid, to be used
for community supervision and correction services.
(4) Restrictions on CSCD Generated Revenue.
CSCD generated revenue shall be used in accordance with statutory requirements
and items set forth in the Financial Management Manual for TDCJ CJAD
Funding.
(5) Available
Records. The funding recipient and the fiscal officer accounting for,
disbursing, and reporting on the TDCJ CJAD funding shall make financial,
transaction, contract, computer, and other records available to TDCJ CJAD.
Funding recipients shall provide financial reports and other records to TDCJ
CJAD as set forth in the Financial Management Manual for TDCJ CJAD
Funding.
(6) Budgets.
Funding recipients shall prepare and operate from a budget(s) developed and
approved within the guidelines set forth in the Financial Management
Manual for TDCJ CJAD Funding.
(7) Funding Recipient Obligations. Funding
recipients shall comply with all funding provisions as set forth in the
Financial Management Manual for TDCJ CJAD Funding and any
special conditions associated with the respective funding awards.
(8) Honesty Bond. CSCD directors shall ensure
that all public monies are protected by requiring that all employees with
access to monies are covered by honesty bonds and all funds maintained on CSCD
premises are protected by appropriate insurance or bonding.
(9) Travel Reimbursements. Mileage and per
diem reimbursements to CSCD employees shall be in accordance with the
Financial Management Manual for TDCJ CJAD Funding.
(c) Determination and Recovery of Unexpended Monies. Determination and return by the CSCD of unexpended funds shall be in accordance with the Financial Management Manual for TDCJ CJAD Funding.
(d) Facilities, Utilities, and Equipment.
(1)
CSCDs. In accordance with Texas Government Code §
76.008,
the county or counties served by a CSCD shall provide, at a minimum,
facilities, equipment, and utilities for the department as follows:
(A) Minimum Facilities for CSCDs. Each
community supervision officer (CSO) shall be provided a private office. Each
office shall have the necessary lighting, air conditioning, equipment, privacy,
and environment to provide and promote the delivery of professional community
corrections services.
(B) Minimum
Utilities for CSCDs. Each CSCD office shall be provided adequate utilities
necessary to provide efficient and professional community corrections
services.
(C) Minimum Equipment for
CSCDs. Each CSO shall be furnished adequate furniture, telephone, and other
equipment as necessary and consistent with efficient office operations.
Adequate insurance, maintenance, and repair of the CSCD's equipment shall be
maintained.
(D) Location. Each CSCD
office providing direct court services shall be located in the courthouse or as
near to the courthouse as practically possible to promote prompt and efficient
services to the court.
(E)
Satellite Offices. Satellite CSCD offices shall be established in the
appropriate areas of the judicial district to provide efficient supervision of
and service to offenders as dictated by population, caseload size, or
geographical distance.
(2) Inventory. Inventory and disposal of
equipment, furniture, and vehicles purchased with program funds shall follow
the guidelines in the Financial Management Manual for TDCJ CJAD
Funding. In addition:
(A) All
equipment, furniture, and vehicles purchased with program funds shall be
inventoried with TDCJ CJAD in accordance with procedures set forth in the
Financial Management Manual for TDCJ CJAD Funding.
(B) Any CSCD or other entity wanting to
dispose of equipment, furniture, and vehicles purchased with program funds
shall adhere to procedures set forth in the Financial Management Manual
for TDCJ CJAD Funding.
(e) Certification of Facilities, Utilities, and Equipment for CSCDS. Certification of facilities, utilities, and equipment for CSCDs shall be in accordance with Texas Government Code § 76.009, and as provided in the Financial Management Manual for TDCJ CJAD Funding.
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