(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.
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