HB1358112th GA (Historical)Introduced

Amends TCA Title 39; Title 40 and Title 41.

The present law provisions governing community corrections provide for community-based alternatives to incarceration, and establish a mechanism whereby state funds are granted to local governments and qualified private agencies to develop a range of front-end community-based punishments and services for eligible offenders. Present law sets out in detail the qualifications and requirements for the financial aid.<br /> <br /> Present law also sets out in detail the requirements for continuing to receive grant funds. Under present law, in order to remain eligible for continued grant funding, a recipient must substantially comply with the standards and administrative regulations of the department of correction defining program effectiveness. Each recipient will participate in an evaluation to determine local and state program effectiveness. Continued grant funding is based on demonstrated effectiveness in reducing the number of commitments that would likely have occurred without the funded programs and also on evidence that the programs are not dealing with persons who otherwise would have been on regular probation. Present law further provides that, subject to funding availability, each participating county is eligible to receive additional incentive funding for extending programs to other eligible offenders or for adding new programs if it exceeds the objectives of its community corrections plan. If the department of correction determines that there are reasonable grounds to believe that a participating county is not complying with its community corrections plan or the minimum standards, the department must give 30 days' written notice to the county legislative body, the local community corrections advisory board and the administrator of the program. If the department of correction finds that the participating county is not complying with its plan or the minimum standards, the department of correction requires the county legislative body to provide a written agreement as to how and when the specific deficiencies identified by the department of correction will be corrected. If no agreement is submitted to the department within the time limit the department of correction has specified or if the deficiencies are not corrected within 45 days after the agreement has been approved by the department of correction, the department of correction may suspend any part or all of the funding until compliance is achieved.<br /> <br /> This bill deletes all of the above-described provisions regarding the continuation of funding/noncompliance and instead provides that, subject to appropriations in the general appropriations act, it is the intent of the general assembly that funding for community corrections grants be as follows:<br /> <br /> (1) Beginning July 1, 2021, grant funding by the department of corrections for community corrections grants must be equal to the funding for community corrections in fiscal year 2021 based on the department's budget; and <br /> <br /> (2) Beginning July 1, 2022, and for each fiscal year thereafter, grant funding by the department of corrections for community corrections grants must increase from the previous fiscal year by 5 percent.<br />

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Overview

The present law provisions governing community corrections provide for community-based alternatives to incarceration, and establish a mechanism whereby state funds are granted to local governments and qualified private agencies to develop a range of front-end community-based punishments and services for eligible offenders. Present law sets out in detail the qualifications and requirements for the financial aid.<br /> <br /> Present law also sets out in detail the requirements for continuing to receive grant funds. Under present law, in order to remain eligible for continued grant funding, a recipient must substantially comply with the standards and administrative regulations of the department of correction defining program effectiveness. Each recipient will participate in an evaluation to determine local and state program effectiveness. Continued grant funding is based on demonstrated effectiveness in reducing the number of commitments that would likely have occurred without the funded programs and also on evidence that the programs are not dealing with persons who otherwise would have been on regular probation. Present law further provides that, subject to funding availability, each participating county is eligible to receive additional incentive funding for extending programs to other eligible offenders or for adding new programs if it exceeds the objectives of its community corrections plan. If the department of correction determines that there are reasonable grounds to believe that a participating county is not complying with its community corrections plan or the minimum standards, the department must give 30 days' written notice to the county legislative body, the local community corrections advisory board and the administrator of the program. If the department of correction finds that the participating county is not complying with its plan or the minimum standards, the department of correction requires the county legislative body to provide a written agreement as to how and when the specific deficiencies identified by the department of correction will be corrected. If no agreement is submitted to the department within the time limit the department of correction has specified or if the deficiencies are not corrected within 45 days after the agreement has been approved by the department of correction, the department of correction may suspend any part or all of the funding until compliance is achieved.<br /> <br /> This bill deletes all of the above-described provisions regarding the continuation of funding/noncompliance and instead provides that, subject to appropriations in the general appropriations act, it is the intent of the general assembly that funding for community corrections grants be as follows:<br /> <br /> (1) Beginning July 1, 2021, grant funding by the department of corrections for community corrections grants must be equal to the funding for community corrections in fiscal year 2021 based on the department's budget; and <br /> <br /> (2) Beginning July 1, 2022, and for each fiscal year thereafter, grant funding by the department of corrections for community corrections grants must increase from the previous fiscal year by 5 percent.<br />

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 22, 2021

Subjects
1065

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