Community Corrections

Boards and Commissions

The Community Corrections Advisory Board consists of:

1. The county sheriff or the sheriff's designee
2. The prosecuting attorney or the prosecuting attorney's designee
3. the director of the county office of family and children or the director's designee
4. the executive of the most populous municipality in the county or the executive's designee
5. Two (2) judges having criminal jurisdiction, if available, appointed by the circuit court judge or the judges' designees
6. One (1) judge having jevenile jurisdiction, appointed by the circuit court judge
7. One (1) public defender or the public defender's designee, if available, or one (1) attorney with a substantial criminal defense practice appointed by the county executive, or in a county having a consolidated city, by the city-county council
8. One (1) victim, or vitim advocate if available, appointed by the county executive or, in a county having a consolidated city, by the city-council council
9. One (1) ex-offender, if available, appointed by the county executive or, in a county having a consolidated city, by the city-county council, and
10. the following members appointed by the county executive or, in a county having a consolidated city, by the city-county council

a) One (1) member of the county fiscal body or the member's designee
b) One (1) probation officer
c) One (1) educational administrator
d) One (1) representative of a private correctional agency, if such an agency exists in the county
e) One (1) mental health administrator, or, if there is none available in the county, one (1) psychiatrist, psychologist, or physician

Terms

Members of the advisory board appointed by the county executive or, in a county having a consolidated city, by the city-county council, shall be appointed for a term of four (4) years. The driminal defense attorney, the ex-offender, and the victim or victim advocate shall be appointed for a term of four (4) years. Other members serve only while holding the office or position held at the time of appointment. The circuit court judge may appoint himself to fill the position of the judge having juvenile court jurisdiction if he is otherwise qualified. A vacancy occurring before the expiration of the term of office shall be filled in the same manner as original appointments for the unexpired term. Members may be reappointed.

By-laws

of

Delaware County Community Corrections

Advisory Board

Article I

Section 1-Name

The name of this program, organized and operated in accordance with I.C. 11-12-1-2, is DELAWARE COUNTY COMMUNITY CORRECTIONS, which shall be managed and operated by an ADVISORY BOARD.

Section 2 - Purposes

The purpose of this program is to provide alternatives to incarceration for nonviolent adult and juvenile offenders in accordance with the sentencing restrictions specified by the ruling judge.

Section 3 - Role of the Advisory Board

1. The advisory board shall actively participate in the formulation of the community corrections plan and the application for financial aid from the Department of Correction;

2. Provide direction and support to the Executive Director concerning the operation of the program and management of personnel through the development of policies which are in compliance with the standards of the Department of Correction;

3. Monitor the implementation of the program and provide an annual report to the Board of County Commissioners evaluating the effectiveness of the program;

4. Assure financial accountability regarding the utilization of Department of Correction grant resources and develop a plan for the utilization of project income, donations and other grants as appropriate;

5. Approve the employment of personnel as recommended by the Executive Director; establish salary ranges; job descriptions and personnel policies. Adopt personnel policies, procedures and salary classification schedules which are not inconsistent with those established for other county employees;

6. Promote the program's utilization and community acceptance;

7. Develop, in conjunction with other human service agencies and systems, collaborative agreements which will further the purposes of the program including a reduction in recidivism.

Section 4 - Offices

The office of the Board shall be located at Delaware County Community Corrections, 115 S. Walnut, Muncie, Indiana, 47305; however, the Board may have offices and hold its meetings at such other places as the Board may from time to time designate by resolution.

Section 5 - Fiscal Year

The program's fiscal year shall begin on the first day of July of each year and end on the thirtieth day of June next succeeding. As hereinafter provided, the fiscal year does not affect the terms of office of the members of the Board and officers which terms are specifically provided for herein.

ARTICLE II

ADVISORY BOARE

Section 1. Board composition

The composition of the Delaware County Community Corrections Advisory Board is specified by law IC 11-12-2-2, and shall include:

The County Sheriff or Sheriffs designee;

The Prosecuting Attorney or the Prosecuting Attorney's designee;

The Director of the County Office of Family and Children or the Director's designee;

The executive of the most populous municipality in the county or the executive's designee;

*Two judges having criminal jurisdiction, if available, appointed by the Circuit Court Judge, or the judge's designees;

*One judge having juvenile jurisdiction, appointed by the Circuit Court Judge;

One public defender or the public defender's designee, if available, or one attorney with a substantial criminal defense practice, appointed by the county executive, or, in a county having a consolidated city, by the city-county council;

One victim, if available, appointed by the county executive, or, in a county having a consolidated city, by the city-county council;

One ex-offender, if available, appointed by the county executive, or, in a county having a consolidated city, by the city-county council;

The following members appointed by the county executive or, in a county having a consolidated city, by the city-county council:

(a) One member of the county fiscal body or the member's designee;

(b) One probation officer;

(c) One educational administrator;

(d) One representative of a private correctional agency, if such agency exists in the county;

(e) One mental health administrator, or if there is none available in the county, one psychiatrist, psychologist or physician,

(f) Four to six lay persons, at least one of whom must be a member of a minority race ifa racial minority resides in the county and a member of that minority is willing to serve.

*Refers to the appointments to be made by the Board of Circuit Court Judges in Delaware County.

Section 2 - Term of Office

*Members of the Board who are appointed by the County Commissioners and the defense attorney appointed by the Circuit Court Judge shall serve for four years. Each may be appointed for subsequent terms of office by the appointing body. Members who serve on the Board as a function of the office or position held shall serve on the Board only while holding that office or position.

*Refers to the appointments to be made by the Board of Circuit Court Judges in Delaware County.

Section 3 - Vacancy in Membership

A vacancy occurring before the expiration of the term of office shall be filled in the same manner as the original appointment for the unexpired term.

Section 4 - Proxies

A member may designate a proxy to act on his/her behalf. The chairperson of the board shall be notified of the proxy in writing. Proxies shall not be able to fulfill the responsibilities of regular attendance. No person may serve as proxy for more than one member of the board. A board member may not serve as proxy for another member of the board.

Section 5 - Duties and Powers

The duties and powers of the Advisory Board shall include, but not be limited to, the following:

(1) To adopt rules, regulations and by-laws consistent with the purposes of the Community Correction's program which are in compliance with the standards, rules and regulations of the Department of Corrections;

(2) To establish the qualifications for and select an Executive Director to manage the day to day operations of the program

(3) To manage the affairs of the Community Corrections program by statements of policy which define the goals (ends) to be achieved and the constraints on the authority delegated to the Executive Director;

(4) To review and approve applications for finding and adopt an annual operating budget;

(5) To establish operating policies governing the management of both personnel and programs/services;

(6) To evaluate, at least annually, the effectiveness of the program and provide a report to the Board of county Commissioners;

(7) To evaluate, at least annually, the performance of the Executive Director and establish (within the constraints of grants and budgeted resources) his/her compensation.

Section 6 - Meetings

1. Annual Meetings

An annual meeting of the Advisory Board shall be held at 115 5. Walnut St. (or at another designated location) during the month of May each year. The purpose of the annual meeting is to select officers for the coming year.

2. Regular Meetings

The Community Corrections Advisory Board shall meet monthly to transact such business as may come before the meeting.

3. Public Notice

All meetings of the Board are open to the public and notice of such meetings shall be provided in accordance with state statute.

4. Special Meetings

Special meetings of the Advisory Board may be called by the chairperson or by any two (2) members of the board for the purpose of transacting business designated by the call. The notice of a special meeting shall be given to each member for the board at least forty-eight (48) hours prior to the special meeting pursuant to IC 5-14-1.5). The notice shall specify the purpose of the meeting. Attendance at any meeting of the board shall constitute a waiver of notice of such meeting.

5. Attendance

All members of the Advisory Board are expected to maintain regular attendance and/or to designate a proxy if she/he will be unable to attend. If the member or the member's designee fails to attend three (3) consecutive meetings this fact shall be reported to the appointing body with a request that a new appointee be named.

6. Quorum

A majority of the membership of the board shall be necessary to constitute a quorum for the transaction of any business. A majority vote of the members present is required to pass a motion; however, in no case shall any motion pass without the affirmative vote of at least six (6) members. A vacancy in the membership shall not impair the right of the quorum of the positions filled to transact business.

7. Conduct of Business

The meetings of the Advisory Board shall be conducted in accordance with Robert's Rules of order.

8. Minutes

Minutes shall be kept of all regular and special meetings of the Board of Directors and shall be made available, upon written request, for public inspection. The minutes shall include, but not be limited to, the following items:

(a) Date and place of meetings;

(b) Names of members and staff in attendance;

(c) Topics of discussion;

(d) Decisions reached and actions taken;

(e) Reports of committee meetings; and

(f) Reports of Executive Director and staff.

ARTICLE III

OFFICERS

Section 1- Number of Officers and Duties

The officers of the Advisory Board shall be a Chairperson, Vice-Chairperson, and Secretary-Treasurer. In addition to the duties specified below, the officers shall perform all duties normally incident to their offices and shall perform such other duties as may be assigned to them from time to time by the Advisory Board. Any officer may sign in the name and behalf of the Community Corrections Advisory Board any applications, contracts or agreements authorized by the Advisory Board or Executive committee.

A member's permanent designee may serve as an officer of the advisory board.

Section 2 - Election

Each officer shall be elected annually by the Advisory Board at its annual meeting and shall serve for a term of one (1) year beginning immediately following the annual meeting. Individuals may be elected to one (1) additional consecutive term of office and may then be elected to subsequent nonconsecutive terms.

Section 3 - Vacancy

In the event any office of the Board becomes vacant due to death, resignation, removal from office or any other cause, the Board shall elect, by majority vote, an officer to fill such vacancy. The election to fill a vacancy may be held at any regular or special meeting of the Board provided that the notice of the meeting specifies that the election of such officer will be occurring.

Section 4 -Chairperson

The Chairperson shall:

(a) Preside at all meetings of the Advisory Board and shall serve as an ex-officio member of all committees;

(b) Appoint all committees (except as herein provided for) with the approval of the Advisory Board;

(c) Work for the accomplishment of the objectives of the Community Corrections prograni

(d) Serve in a liaison capacity between the Board and the Executive Director.

Section 5 -Vice-Chairperson

At the request of the Chairperson, or in the event of his/her absence or disability, the Vice-Chairperson shall perform the duties and possess and exercise the powers of the Chairperson.

Section 6 -Secretary/Treasurer

The Secretary/Treasurer shall:

(a) Provide for the keeping of all minutes of the proceedings of the Advisory Board and all committees and assure that such minutes are filed with the records of the program;

(b) Provide for the maintenance of a corrected copy of the by-laws and policies of the Advisory Board;

(c) Keep or cause to be kept a roster showing the names and addresses of the members of the Advisory Board and assure each is provided appropriate notice of all meetings of the Advisory Board;

(d) Keep or cause to be kept correct and accurate accounts of the assets and financial transactions of the program.

ARTICLE IV

COMMTTTEES

Section 1 - Introduction

The committees of the Advisory Board shall consist of standing committees or special Ad Hoc committees established for specific purposes. The only standing committee of the Board is the Executive committee. Special or time limited Ad Hoc committees may be established and charged with specific responsibilities by the Advisory Board or the Chairperson.

The Chairperson of the Board shall appoint the chair and all members of committees with the exception of the Executive Committee, the composition of which is specified in Section 2. Article IV.

Section 2 - Executive Committee

The Executive Committee shall consist of the officers of the Board and two (2) additional members designated by the Chairperson and the immediate past chairperson.

The Executive Committee shall have and exercise all of the authority of the Advisory Board in the managing of the Community Corrections program during the intervals between meetings of the Board with regard to emergency situations. An emergency situation is defined to include all items which require action within forty-eight (48) hours. All actions by the Executive Committee shall be reported to the full Advisory Board at its next regularly scheduled meeting.

ARTICLE V

EXECUTIVE DIRECTOR

Section 1 - Selection

The Advisory Board shall select and employ an Executive Director who shall be the Community Corrections program Executive Officer and direct representative of the Board in the management of the program. In the event of a vacancy in the Executive Director position, the Board shall appoint an interim director to supervise the program pending the selection of a permanent replacement. The Board shall define the specific qualifications and skills of the Executive Director and develop a process for the selection of a replacement.

Section 2 -Qualifications

The Executive Director shall be experienced in the corrections field and have demonstrated competence to perform the duties and responsibilities of the position.

Section 3 - Duties/Responsibilities

The Executive Director shall act as the duly authorized representative of the Advisory Board and shall have the necessary authority and be held responsible for the planning, organizing, directing, coordinating and supervision of the Community Corrections program. S/he is responsible for assuring that the program operates in accordance with established rules and regulations of the Department of Correction and established policies of the Advisory Board.

The specific duties of the position include:

(a) To implement the policies of the Board and the requirements of the Department of Correction concerning the operation of the Community Corrections program

(b) To prepare applications for financial assistance including related program descriptions and budgets for the review and approval of the Advisory Board;

(c) To assure that all funds received either from grants, project income or donations are properly accounted for in accordance with program rules and the policies of the Board;

(d) To develop and recommend to the Board for approval all personnel and program policies which s/he deems appropriate to the operation of the program;

(e) To employ individuals best suited to fliffill program positions;

(f) To supervise and direct personnel; implement Board policies regarding supervision and discipline and recommend to the Board concerning the termination of employees for failure to perform in accordance with established personnel policies/work rules;

(g) To provide regular reports to the Advisory Board concerning program operations and issues;

(h) To serve as liaison between the Board and the Department of Correction concerning the Community Corrections program;

(i) To perform any other functions which are in the best interest of the Community Corrections program; and,

(j) To attend all meetings of the Advisory Board, unless excused, and to attend all meetings of committees of the Board if so requested by the committee chair.

ARTICLE VI

AMENDMENTS TO BY-LAWS AND REVIEW

Section 1 - Amendments to By-laws

These By-laws may be modified, altered, amended or repealed by a majority vote of the Advisory Board present at any regular or special meeting of the Board provided that the members are notified in writing of the meeting and are provided in writing the text of any proposed amendments at least ten (10) days prior to the date of the meeting.

Amendments may be proposed by any member of the Advisory Board or by a petition of any three (3) members by submission of a written proposal to the Secretary-Treasurer of the Board.

Section 2 - Review of By-laws

The Board shall establish a process for regular review and updating of these by-laws to assure they continue to be appropriate to the operation of the program. This review shall be conducted at least biannually and may be the delegated function of an Ad Hoc committee.

Amended July 9, 2003

Minutes - available for download in Adobe Acrobat PDF format

August, 2010
July 14th, 2010 (1.2mb)
June, 2010