Section 0420-02-02-.12 - PERFORMANCE CRITERIA(1) Conditions of Compliance.(a) In order to remain eligible for continued grant funding through the Tennessee Community Corrections Act, the grant recipients shall:1. Demonstrate compliance with mandatory state rules, standards and administrative policies and procedures as evaluated annually by the department. Programs may receive a waiver from a specific standard (not rules) only with official written approval from the department. Such waivers shall be for a specific period of time not to exceed twelve months.2. Demonstrate compliance with the goals outlined in rule 0420-2-2-.06.3. Demonstrate that the per capita cost per community corrections client is less than the cost of state or local incarceration and is an effective and efficient use of such funds.4. Demonstrate achievement of the required functions of each community corrections advisory board/committee as outlined in rule 0420-2-2-.08.5. Demonstrate that the profiles of offenders served in community corrections resemble those who would have been incarcerated rather than placed on regular probation.(2) Statewide Evaluation and Monitoring. (a) Each recipient shall participate in a statewide evaluation of the Tennessee Community Corrections Act, including the rules and standards covering community corrections.(b) The Department shall establish and operate a statewide management information system to monitor the effectiveness of community corrections by participating counties and private agencies. Each program shall participate in the management information system as required by the department.(3) Conditions of Non-Compliance.(a) A recipient shall be subject to withdrawal of community corrections funds by the Tennessee Department of Correction when it is in violation of one or more of the following:1. The Community Corrections Act, T.C.A. § 40-36-101 et seq.2. The written formal grant agreement.3. Tennessee Department of Correction Rules.4. Administrative Policies and Procedures.(b) If the Commissioner determines that there are reasonable grounds to believe that a grantee is not in compliance, the grantee shall:1. Receive written notice of non-compliance from the Commissioner.2. Within 30 days of receipt of written notice, prepare and submit an action plan to describe the actions to be taken by the grantee to correct deficiencies.3. After approval by the Commissioner, the grantee has 45 days to correct deficiencies.4. The Commissioner may suspend any part or all of the funding, if the deficiencies are not corrected within 45 days from the approval of the action plan, or if no satisfactory action plan is submitted within 30 days from receipt of written notice.(c) Distribution of community corrections funds can be temporarily suspended until compliance is achieved or there may be termination of funds at the discretion of the Commissioner.Tenn. Comp. R. & Regs. 0420-02-02-.12
Original rule filed December 30, 1986; effective February 13,1987. Amendment filed March 8, 1993; effective June 29, 1993.Authority: T.C.A. Sections 40-36-105, 40-36-303, 40-36-304 and 40-36-305.