(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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Source Note: The provisions of this §163.43 adopted to be effective March 1, 1993, 18 TexReg 944; amended to be effective August 16, 1995, 20 TexReg 5799; amended to be effective July 15, 1996, 21 TexReg 6084; amended to be effective April 15, 1997, 22 TexReg 3437; amended to be effective October 13, 1997, 22 TexReg 9896; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective April 17, 2008, 33 TexReg 2962; amended to be effective January 2, 2014 38 TexReg 9604 |