Section 5120:1-5-10 - Probation improvement and incentive grant(A) A court of common pleas, municipal, or county probation department may apply to the department of rehabilitation and correction for a probation improvement and probation incentive grant for the purpose of adopting and administering evidence-based programs, policies, projects, or practices to reduce the number of offenders on community control who violate the conditions of their supervision and are incarcerated .(B) To be eligible for a grant, a probation department must, at a minimum, satisfy each of the following:(1) During the period of the grant, the probation department must be in compliance with each requirement imposed upon probation departments under sections 2301.27 and 2301.30 of the Revised Code, including, but not limited to, requirements imposed in those sections relative to the appointment of chief probation officers, probation officer training, and the establishment of policies and procedures for the supervision of individuals on community control;(2) The probation department must demonstrate that it utilizes the Ohio risk assessment system in accordance with section 5120.114 of the Revised Code in the supervision of its offenders; and(3) Each program, policy, project, or practice to be funded through the grant shall be aimed at facilitating a reduction in the number of offenders in the county or municipality who violate the conditions of their supervision and are incarcerated .(C) The amount of grants awarded to individual probation departments under this rule shall be contingent upon the amount of funds available to the department to award for that purpose at the time application for a grant is made. Depending upon the availability of funds, the department may, from time to time, establish such limitations on the maximum amount of grants as are necessary to ensure broad-based participation in the probation improvement and incentive grant program.(D) In prioritizing applications for a probation improvement grant and allocating the subsidies, the department shall give priority to those applications from counties that have the greatest potential to impact the state's prison population by reducing the number of felony offenders on community control who violate the conditions of their supervision. The factors that are relevant in identifying that potential impact include, but are not limited to, the applicant's prior performance under any grant awarded to the applicant pursuant to this rule and the following measures:(1) The proportion that the number identified for the county under paragraph(D)(1)(a) of this rule bears to the number identified under paragraph (D)(1)(b) of this rule; (a) The average number of offenders that the county's court of common pleas places under its probation department's supervision each year, as determined by averaging the number of offenders placed under the county probation department's supervision in each of the three calendar years immediately preceding the calendar year in which application for the grant is made;(b) The average number of felony offenders placed on community control statewide each year, as determined by averaging the number of felony offenders placed on community control statewide in each of the three calendar years immediately preceding the calendar year in which application for the grant is made.(2) The proportion that the number identified for the county under paragraph(D)(2)(a) of this rule bears to the number identified under paragraph (D)(2)(b) of this rule; (a) The average number of offenders that the county commits to the department each year for a felony of the fourth or fifth degree, as determined by averaging the total number of such offenders committed to the department from the county in each of the five calendar years immediately preceding the calendar year in which application for the grant is made;(b) The average number of offenders committed to the department each year statewide for a felony of the fourth or fifth degree, as determined by averaging the total number of such offenders committed to the department statewide in each of the five calendar years immediately preceding the calendar year in which application for the grant is made.(3) The proportion that the number identified for the county under paragraph(D)(3)(a) of this rule bears to the number identified under paragraph (D)(3)(b) of this rule. (a) The average number of offenders that the county commits to the department each year for violating the conditions of their community control, as determined by averaging the total number of such offenders committed to the department from the county in each of the five calendar years immediately preceding the calendar year in which application for the grant is made;(b) The average number of offenders committed to the department each year statewide for violating the conditions of their community control, as determined by averaging the total number of such offenders committed to the department statewide in each of the five calendar years immediately preceding the calendar year in which application for the grant is made.(E) Probation departments shall apply for grants in such manner as the department prescribes. At a minimum, every application shall:(1) Identify the specific problem that the probation department intends to address;(2) Provide statistical data that documents the problem identified under paragraph(E)(1) of this rule;(3) Identify the specific target population within the more general class of individuals in the jurisdiction under community control who are affected by the problem, including the number of offenders that the probation department expects to be served by the grant;(4) Provide a detailed overview of the proposed program, policy, project, or practice to be funded in whole or in part by the grant;(5) Identify each entity, including any county or municipal court, that, in addition to the court of common pleas probation department making the application, will implement the program, policy, project, or practice proposed in the application and its role in achieving the grant's goals;(6) List contact information for the individual in the probation department responsible for monitoring and reporting activities for the grant;(7) Indicate the proposed goals and performance measures for the grant;(8) Provide numerical data that will serve as a baseline for measuring the performance goals identified under paragraph (E)(7) of this rule;(9) Specify the amount of funding being requested;(10) Identify all state and federal criminal justice funding currently being provided to the applicant and to any partnering entities identified by the applicant under paragraph (E)(5) of this rule;(11) Provide a brief description of the local criminal justice system support for the proposal, including, but not limited to, any letters of support from local officials, organizations, and coalitions.(F) If the department of rehabilitation and correction awards a grant to a probation department pursuant to this rule, the department and the probation department shall enter into an agreement that specifies the terms of the grant, including, but not limited to, the grant amount and performance measures that will be used to measure the probation department's success in reducing the number of felony offenders on community control who violate the conditions of their supervision and are admitted to prison.(G) Each program, policy, project, or practice to be funded through the grant are subject to program standards in rule 5120:1-5-08 of the Administrative Code as determined by the bureau of community sanctions.Ohio Admin. Code 5120:1-5-10
Five Year Review (FYR) Dates: 4/7/2022 and 04/07/2027
Promulgated Under: 119.03
Statutory Authority: 5120.01, 5149.31, 5149.311
Rule Amplifies: 5149.311
Prior Effective Dates: 12/26/2011, 04/08/2017Effective: 4/8/2017
Five Year Review (FYR) Dates: 01/05/2017 and 04/08/2022
Promulgated Under: 119.03
Statutory Authority: 5120.01, 5149.31, 5149.311
Rule Amplifies: 5149.311
Prior Effective Dates: 12/26/2011