| (a) Funding.
(1) Community Supervision and Corrections Departments
(CSCDs) qualifying for Texas Department of Criminal Justice Community
Justice Assistance Division (TDCJ CJAD) Formula and Grant Funding.
CSCDs qualify for TDCJ CJAD state aid and grant funding by:
(A) being in substantial compliance with TDCJ CJAD
standards;
(B) having a TDCJ CJAD approved strategic plan in accordance
with Texas Government Code §509.007;
(C) having a director appointed in accordance with
Texas Government Code §76.004 administer all CSCD funds;
(D) having a fiscal officer appointed by the district
judge(s) manage the CSCD as set forth in subsection (b) of this section;
and
(E) following Texas Local Government Code §140.004
when meeting to finalize the CSCD's budget.
(2) Allocating State Aid. State aid shall be made available
to eligible funding recipients in accordance with the applicable statutory
requirements and the Financial Management
Manual for TDCJ CJAD Funding issued by the TDCJ CJAD.
(3) Other Entities Qualifying for TDCJ CJAD Grant Funding.
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 who shall:
(i) account for, protect, disburse, and report on all
TDCJ CJAD grant funding; and
(ii) prescribe the accounting procedures related to
the grant funding.
(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 the Financial Management Manual for TDCJ
CJAD Funding.
(5) Community Corrections Funding. Community corrections
funding shall be distributed in accordance with applicable law and
TDCJ rules and policies.
(A) assuming sufficient appropriations, no CSCD may
incur a funding decrease of more than 5.0% from the previous fiscal
year for community corrections program funding. An upper change limit
shall be determined based upon available funding and the size and
number of CSCDs that reach the loss limit.
(B) If appropriations are insufficient, so that the
5.0% loss limit must be increased, all CSCD allocations shall be reduced
proportionately from the previous year's allocations.
(b) Financial Procedures.
(1) Submission of 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 aid and grant funding
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
CSCD 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
the TDCJ CJAD.
(3) Fee Deposit. Community supervision fees paid by
offenders shall be deposited into the same special fund of the county
treasury receiving state aid or grant funding, 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
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 available to the TDCJ CJAD all records related
to use of TDCJ CJAD funding. 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 in accordance with 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. Each CSCD director 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 comply with the Financial
Management Manual for TDCJ CJAD Funding.
(c) Determination and Recovery of Unexpended Monies.
A CSCD's determination and return of unexpended funds shall comply
with the Financial Management Manual for
TDCJ CJAD Funding.
(d) Facilities, Utilities, and Equipment.
(1) 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 CSCD as follows:
(A) Minimum Facilities for CSCDs. CSCDs shall provide
each community supervision officer a private office with the lighting,
air conditioning, equipment, privacy, and environment necessary to
conduct professional community corrections services. Facilities, including
equipment, shall be appropriately maintained, repaired, and insured.
(B) Location. Each CSCD office providing direct court
services shall be located in the courthouse or as near to the courthouse
as practicable in order to provide prompt and efficient services to
the court.
(C) Satellite Offices. In order to provide efficient
supervision of and services to offenders, satellite CSCD offices shall
be established in the judicial district based on a judicial district's
population, caseload, or geographical distance.
(2) Inventory. Inventory and disposal of equipment,
furniture, and vehicles purchased with program funds shall comply
with 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 comply with Texas Government Code §76.009 and 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; amended to be effective May 19, 2024, 49 TexReg 3371 |
