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(A) There exists an established Community Corrections Commissary Fund for the county, hereinafter referred to as the “Fund”.
(B) Said Fund shall be separate from the county’s General Fund; funds therein shall not revert to the General Fund; and disbursements from said Fund shall not be the subject of required appropriations.
(C) The primary purpose of the Fund shall be for the purpose of purchase of merchandise for resale to individuals committed to the County Community Corrections Center (hereinafter referred to as “Community Corrections”).
(D) The Fund shall be under the supervision of the Director of the County Community Corrections Center (hereinafter “Director”), who shall cause all receipts for the sale of such merchandise to be deposited into said Fund, which the Director, or the Director’s designee, shall keep in a depository designated under I.C. 5-13-8.
(E) The Director, or the Director’s designee, at the Director’s, or the Director’s designee’s, discretion and without appropriation by the County Fiscal Body, may disburse money from the fund for:
(1) Merchandise for resale to inmates through the commissary;
(2) Expenses of operating the commissary, including, but not limited to, facilities and personnel;
(3) Special training in law enforcement for employees of the Community Corrections;
(4) Equipment installed at the Community Corrections;
(5) Equipment, including vehicles and computers, computer software, communication devices, office machinery and furnishings, cameras and photographic equipment, animals, animal training, holding and feeding equipment and supplies, or attire used by an employee of the County Corrections in the course of the employee’s official duties;
(6) An activity provided to maintain order and discipline among the individuals committed to the Community Corrections;
(7) An activity or program of the Community Corrections intended to reduce or prevent occurrences of criminal activity, including the following:
(a) Substance abuse;
(b) Child abuse;
(c) Domestic violence;
(d) Drinking and driving; and
(e) Juvenile delinquency.
(8) Any other purpose that benefits the County Community Corrections that is mutually agreed upon by the County Fiscal Body and the Director.
(F) Money disbursed from the fund under this section must be supplemental, or in addition to, rather than a replacement for, regular appropriations made to carry out the purposes listed in division (E)(1) through (E)(7) above.
(G) It is understood, and agreed, that a prudent reserve of $5,000 in the Commissary Fund is encouraged.
(H) The Director, or the Director’s designee, shall maintain a record of receipts and disbursements from the Fund on such forms as prescribed by the State Board of Accounts. The Director, or the Director’s designee, shall submit a copy of said record on a semi-annual basis to the Community Correction’s Advisory Board and to the County Council.
(Ord. 2019-06, passed 10-7-2019)
The following guidelines are adopted pursuant to I.C. 33-39-8-5(c).
(A) The decision to divert cases from the criminal justice system is the responsibility of the prosecuting attorney. The prosecutor should, within the exercise of his or her discretion, determine whether diversion or deferral best serves the interests of justice.
(B) Diversion and deferral programs shall only be operated with the consent, oversight, and scrutiny of the elected prosecuting attorney.
(C) A prosecutor should attempt to obtain all relevant investigative information, personal data, case records, criminal history, and/or driving record information necessary to render sound and reasonable decisions on diversion or deferral of individuals.
(D) In exercising discretion to divert or defer individuals, factors which may be considered include:
(1) The nature and severity of the offense;
(2) Any special characteristics or difficulties of the offender;
(3) Whether the defendant is a first-time offender;
(4) Whether there is a probability that the defendant will cooperate and benefit from a diversion or deferral program;
(5) Whether an evidence based practice and/or other program is available and appropriate for the defendant;
(6) The impact of the diversion or the deferral upon the community;
(7) Whether the defendant is likely to recidivate;
(8) Provisions for restitution; and
(9) Any mitigating or aggravating circumstances.
(E) As required by I.C. 33-39-1-8, the following cases may not be included in a pre-trial diversion program:
(1) Murder, Level 1, Level 2, Level 3 or Level 4 felony cases;
(2) Cases in which a person:
(a) Holds a commercial driver’s license at the time of the request for diversion; and
(b) Has been charged with an offense involving the operation of a motor vehicle in accordance with the federal Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Public Law 106-159.113 Stat. 1748).
(3) Cases in which a person is arrested for or charged with:
(a) An offense under I.C. 9-30-5-1 through I.C. 9-30-5-5; or
(b) If a person was arrested or charged with an offense under I.C. 9-30-5-1 through I.C. 9-30-5-5, an offense involving:
1. Intoxication; or
2. Operation of a motor vehicle if the offense involving intoxication or the operation of a motor vehicle was part of the same episode of criminal conduct as the offense under I.C. 9-30-5-1 through I.C. 9-30-5-5.
(F) As required by I.C. 34-28-5-1, an infraction may not be deferred to an offense or violation under I.C. 9-24-6 involving the operation of a commercial motor vehicle.
(G) A prosecutor shall not negotiate a diversion agreement with an unrepresented defendant prior to a waiver of the right to counsel at an initial hearing before a judicial officer.
(H) Diversion and deferral agreements shall be in writing, executed by the parties, and filed with the court as a public document.
(I) The elected prosecuting attorney shall not receive any salary appropriation from diversion or deferral funds.
(J) Prosecutors’ offices which receive diversion or deferral funds should make any budget requests to their local county fiscal body based upon an appropriating ordinance (I.C. 33-37-8-6) without regard for anticipated or projected diversion or deferral revenues.
(K) Diversion or deferral funds shall be maintained as local user fees by the appropriate county official as required by law (I.C. 35-37-8(5), (6), and (7)) in a separate account subject to appropriate accounting controls and financial audits of all deposits and expenditures.
(L) The prosecutor’s office shall not handle diversion or deferral fees. All payments made to the program are to be made through the Clerk’s office (I.C. 33-37-5-17).
(M) Only those fees which are consistent with the appropriate statutory authority shall be required and collected.
(N) All expenditures of diversion or deferral funds shall be approved by the county fiscal body or the county executive.
(O) No claim for expenditures from the county diversion or deferral user funds shall be appropriated by the county fiscal body or approved by the county executive without the consent and approval of the prosecuting attorney.
(P) Pursuant to I.C. 33-39-l-8(c)(4) and I.C. 34-28-5-1(h)(6), as a requirement of maintaining a diversion or deferral program the prosecuting attorney must electronically transmit information required by the Prosecuting Attorneys Council. This information is considered confidential and is designed for the use of prosecuting attorneys in making diversion or deferral decisions under divisions (C) and (D) above.
(Q) Filing fees by case type collected by the Clerk:
PRETRIAL DIVERSION PROGRAM
| ||||
Felony | Misdemeanor | |||
PRETRIAL DIVERSION PROGRAM
| ||||
Felony | Misdemeanor | |||
Under I.C. 33-37-5: | ||||
Total | (driving offense) | $479.50 | $454.50 | |
(non-driving offense) | $479.50 | $454.50 | ||
DEFERRAL PROGRAM | ||||
Under I.C. 33-37-5 | ||||
Total | (driving offense) | $192.50 | ||
(non-driving offense) | $192 | |||
* Statute states these fees are not to exceed these amounts. The prosecutor may have lower rates than the maximum allowed. | ||||
(1) If the infraction or violation is not a moving traffic offense, then this will not be collected. | ||||
(2) $50 goes to the deferral program and $2 goes to the jury pay fund. | ||||
(3) Monthly fee is $20 for each month that the person remains in the program. | ||||
(4) Monthly fee is $10 for each month that the person remains in the program. | ||||
(These scenarios would illustrate a 6-month program. The county may have different time ranges for the program which will cause the total to be different.) | ||||
(Updated 7-1-2018) | ||||
(Approved by the Indiana Prosecuting Attorneys Council on 6-18-2014)
(A) The County Council does hereby establish the County Recorder Enhanced Access Fund No. 163 (the “Fund”) to receive those fees collected by said Recorder for enhanced public access to public records under said Recorder’s charge.
(B) The Fund shall be a dedicated fund, and the monies deposited therein shall be used for the replacement, improvement, and expansion of capital expenditures in the County Recorder’s office, and/or for the reimbursement of operating expenses incurred in providing enhanced access to public information by the County Recorder’s office.
(Council Ord. 2006-01, passed 12-27-2006)
(A) There is created a new local grant fund within the Dubois County Auditor's office that shall be titled "ARP Coronavirus Local Fiscal Recovery Fund," and that the Auditor has issued a fund number of 075-8950 with respect to these monies and that such monies shall be non-reverting.
(B) The uses of the Fund are specified in § 603(c) of the ARPA and shall be used in accordance with U.S. Treasury Guidance, as amended:
(1) To respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or to aid the impacted industries such as tourism, travel and hospitality;
(2) To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible works of the metropolitan city, non-entitlement unit of local government or county that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work;
(3) For the provision of government services to the extent of the reduction in revenue of such metropolitan city, non-entitlement unit of local government, or county due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year of the metropolitan city, non-entitlement unit of local government or county prior to the emergency; or
(4) To make necessary investments in water, sewer or broadband infrastructure as approved by the U.S. Treasury.
(C) The monies of the Fund shall be appropriated by the County Council before expenditure and all expenditures shall be approved by the Board of Commissioners (the "Commissioners") with any and all claims to be paid from the Fund.
(D) The Commissioners will encourage public input in order to create the plan, conditions, and rules (together, the "plan"), upon which the monies are to be requested and used.
(E) The plan is attached to Ord. 2021-19 as "Exhibit A" and may be amended.
(F) The Auditor shall keep accurate and complete financial records of the receipt and expenditure of any and all monies deposited into and paid from the Fund.
(G) Any unused monies of the fund shall be paid back to the U.S. Treasury, as required.
(H) Monies of the Fund shall not be deposited into any pension fund.
(Ord. 2021-19, passed 5-17-2021)
FINANCES
The Board of Commissioners does now authorize the implementation of a policy requiring co-payment of medical, dental, or other health care-related services by inmates of the County Security Center, pursuant to I.C. 11-12-5-5.
(Res. 94-5, passed 7-5-1994)
(A) The Board of Commissioners is authorized to budget, and the County Council is authorized to appropriate, funds from the General Fund, or from other funds, to provide membership for the county and for the elected and appointed officials and members of the county’s boards, council, departments, or agencies in local, regional, state, and national associations of a civic, educational, or governmental nature, which have, as their purpose, the betterment and improvement of county government operations.
(B) The Board of Commissioners is further authorized to budget, and the County Council is further authorized to appropriate, funds to pay the expenses of duly-authorized representatives to attend the meetings and functions of organizations to which the county belongs.
(Ord. 1982-1, passed - -)
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