(A) Establishment. The County Community Corrections Advisory Board (hereinafter “Advisory Board”) is hereby established.
(B) Membership.
(1) The County Commissioners Corrections Advisory Board shall consist of up to 18 members.
(2) The following four members shall serve by virtue of their office or position:
(a) The County Sheriff or designee;
(b) The Prosecuting Attorney or designee;
(c) The Director of the County Children Services or designee; and
(d) The Mayor of the City of Batesville, Indiana or designee.
(3) The following three members shall serve by virtue of their appointment by the Circuit Court Judge:
(a) Two judges having criminal jurisdiction, if available, appointed by the Circuit Court Judge, or the judges’ designees; and
(b) One judge having juvenile jurisdiction, appointed by the Circuit Court Judge.
(4) The following 12 members shall be appointed by the Board of Commissioners:
(a) One public defender or the public defender’s designee;
(b) One victim or victim advocate, if available;
(c) One ex-offender, if available;
(d) One member of the County Council or designee;
(e) One probation officer;
(f) One educational administrator;
(g) One representative of a private correctional agency (PCA) if such agency exists or is established in the county (no PCA exists currently);
(h) One mental health administrator, or if there is none available in the county, one psychiatrist, psychologist or physician; and
(i) Four lay persons, at least one of whom must be a member of a minority race, if a member of a minority race is willing to serve.
(5) Designees of officials designated under subsections (B)(2)(a) through (d) of this section and (C)(1) and (2) serve at the pleasure of the designating official.
(6) The public defender and the members of the Advisory Board appointed by the Board of Commissioners shall be appointed for a terms of four years; provided, however, that the initial terms of such appointees shall expire on December 31, 2018. Thereafter, such appointments shall be made for terms of four years commencing January 1 of the reappointment year. Other members shall serve only while holding the office or position held at the time of appointment.
(7) A vacancy occurring before the expiration of the term of office shall be filled for the unexpired term in the same manner as original appointments. In the event that a successor has not been named to replace a member upon the expiration of such member’s term, such member shall continue to serve until a successor has been duly appointed and qualified.
(C) Organization.
(1) The members of the Advisory Board shall meet within 30 days after the last initial appointment is made for the purpose of organizing and shall elect one member as chairman and another member as vice-chairman and shall appoint a secretary-treasurer, who need not be a member of the Advisory Board. Thereafter, the Advisory Board shall meet during the month of January of each year for the purpose of selecting a chairman, vice-chairman and secretary-treasurer for the succeeding calendar year. The chairman, vice-chairman and secretary-treasurer shall continue to serve until a successor shall have been selected.
(2) The Advisory Board shall adopt such bylaws, rules and regulations and select such other officers as it may deem necessary to properly conduct its business. A majority of the members of the Advisory Board may provide for a number of members that is less than the majority of the members and at least six, to constitute a quorum for purposes of transacting business. The affirmative votes of at least five members, but not less than a majority of the members present are required for the Advisory Board to take action. A vacancy in the membership shall not impair the right of a quorum to transact business.
(3) The Advisory Broad shall meet at least once prior to the end of each calendar quarter for the purpose of conducting its business and carrying out its duties and responsibilities.
(4) The members of the Advisory Board shall serve without compensation. Such members may, however, be reimbursed for approved out-of-pocket expenses incurred in the performance of their duties.
(5) The Board of Commissioners and the County Council shall provide the necessary assistance and appropriations to the Advisory Board that are limited to:
(a) Department of Corrections grants;
(b) Community corrections user fees; and
(c) Other funds as contained within a plan, approved by the Board of Commissioners and County Council.
(6) It is the intent of the Board of Commissioners, and a condition for the establishment of a Community Corrections program and Advisory Board, that all funding for the community corrections program shall be derived solely from grants from the Department of Corrections and Community Correction user fees. In the event that grants from the Department of Corrections or Community Correction user fees are not sufficient to cover all expenses of the community corrections program, said Advisory Board shall be dissolved, resulting in the termination of a community corrections program.
(D) Powers; duties and responsibilities. The County Community Corrections Advisory Board shall have the following powers, duties and responsibilities:
(1) To formulate a community corrections plan providing for individual community corrections programs;
(2) To make recommendations to the Board of Commissioners and any city, town or private organization in the county for the establishment and operation of community correctional programs.
(3) To prepare any application for state financial aid for such plan and programs as required by I.C. 11-12-2-4, as now or hereafter amended, and to take any action which might be required from time to time under state law in order to qualify such plan and programs for state financial aid;
(4) To observe and coordinate the operation of community corrections in the county;
(5) To make an annual report to the Board of Commissioners and County Council containing an evaluation of the effectiveness of the community corrections programs, with particular attention to any programs receiving state financial aid, and recommendations for improvement, modification, or discontinuance of these programs;
(6) To make recommendations to community corrections programs receiving state financial aid concerning compliance with the standards adopted by the Indiana Department of Corrections for such programs;
(7) To recommend to the Board of Commissions the approval or disapproval of contracts with units of local government or non-governmental agencies who desire to participate in the community corrections plan. Before recommending approval of a contract, the Advisory Board must determine that a program is capable of meeting the standards adopted by the Indiana Department of Corrections for programs receiving state financial aid; and
(8) To maintain an office if approved and designated by the Board of Commissioners.
(E) Definition.
(1) As used in this section, COMMUNITY CORRECTION PROGRAM means a community base or community-oriented program that provides for any of the following:
(a) The prevention of crime or delinquency;
(b) Services to victims of crime or delinquency;
(c) Services to persons charged with or diverted from charge of a crime and/or act of delinquency, who are not tried and who voluntarily participate;
(d) Services to persons on probation;
(e) Services to persons sentenced to imprisonment in the county jail (other than a state- owned or operated facility); and
(f) Services to committee offenders, with the approval of the Indiana Department of Corrections.
(2) Community corrections programs may provide employments, educational, mental health, drug or alcohol abuse, or counseling services, and may include housing or supervision.
(3) Community corrections programs for victims of crime or delinquency may include:
(a) Medical, counseling or other social services;
(b) Advising victims regarding available medical, counseling, victim’s compensation, rehabilitative, or other social services, including services provided at public expense, assisting them in obtaining such services and, when requested, arranging for transportation to and from places where these services are provided;
(c) Advising victims of investigatory and judicial proceedings pertaining to the crime or delinquent act, keeping them informed as to all proceedings at which their presence is needed, and, when requested, arranging for transportation to and from these proceedings; and
(d) Assisting victims in obtaining police protections.
(Res. 2014-03, passed 8-29-2014)