Tennessee § 40-36-304 - Community corrections plan — Funding criteria — Participation in and withdrawal from chapter.

§ 40-36-304. Community corrections plan — Funding criteria — Participation in and withdrawal from chapter.

A community corrections plan shall be developed by the local community corrections advisory board that sufficiently documents the local need and support for the proposed programs. The local community corrections advisory board's plan shall also have the written endorsement of the county legislative body prior to its submission to the department of correction. The format for any community corrections plan shall be specified by the department of correction in its application process and procedures. Funding under this chapter shall be granted on an annual basis, with the disbursement of funds on a quarterly basis at the beginning of each quarter after the submission and approval of an expenditure monitoring report and program monitoring report. At the end of the fiscal year, any unspent moneys by the program shall be returned to the department of correction to be used for reallocation to other programs administered by the department of correction as authorized under this chapter; provided, that counties are eligible to apply for any unspent funds that exist at the beginning of the fourth quarter. The department of correction has the discretion and authority to award contracts for a period not exceeding three (3) years. The department of correction may require that a duly adopted and endorsed community corrections plan covering the full term of the contract be submitted to the department of correction. Funding and conditions of funding for the length of the contract will be negotiated between the department of correction and the grantee. Nothing in this section shall prejudice the rights of the department of correction to suspend, modify or terminate grants under § 40-36-305. Funding under this chapter shall be granted to counties on the basis of a documentation of local need, together with consideration of whether the local community corrections advisory board's community corrections plan, including budget requests, is consistent with the goals of this chapter, the geographical and program considerations of the state and funding availability. In addition, the department of correction shall consider the following criteria pertaining to the jurisdiction in question when granting funds under this chapter: Number of nonviolent felony commitments to the department of correction; Population and existing conditions at the local jail; Rate of felony commitments per one thousand (1,000) population within the judicial district; Population of the judicial district and percent of population between eighteen (18) and twenty-nine (29) years of age; Availability of local correctional services; Sufficient local service capability to support the community corrections programs; and Demonstrated involvement and support from the judiciary, local criminal justice or correctional officials and local government in the development of the community corrections plan. Funding and grant evaluation criteria shall be outlined in the application process and procedures to be developed by the department of correction in order that each applicant may know the basis upon which funds will be granted. Participation in the programs set forth in this chapter is voluntary. Any participating county may, by written authorization of its county legislative body, notify the department of correction of its intention to withdraw from the Community Corrections Act. The withdrawal will become effective on the last day of the grant year. Acts 1985 (1st Ex. Sess.), ch. 3, § 12; 1990, ch. 616, § 1; 1998, ch. 1049, §§ 44-46; 2012, ch. 727, § 46. Compiler's Notes. For the Preamble to the act concerning the transfer of certain functions relating to probation and parole services and the community correction grant program from the board of probation and parole to the department of correction, please refer to Acts 2012, ch. 727. Acts 2012, ch. 727, § 63 provided that the implementation of the act, which amended this section, shall be fully accomplished on or before January 1, 2013.