Title 500 | Chapter 010 | Regulation 020
PREVIOUS VERSION
The previous document that this document is based upon is available.
500 KAR 10:020.Administration and application procedure for community corrections grant program.
Section 1.
Application Process.(1)
The administrator shall notify eligible applicants of the availability of grant funds, requirements of the program, grant application format, and deadline for receiving applications by Web site postings and sending notices to organizations that communicate with county governments and judicial organizations.(2)
The grant program requirements may be reviewed in full at the Justice and Public Safety Cabinet Web site under the Grants Management Division and Kentucky State Corrections Commission grants.(3)
An applicant shall:(a)
Develop a community corrections program plan in compliance with KRS 196.720;(b)
Have:1.
A community corrections board established and functioning pursuant to KRS 196.725; or2.
An alternate board as described in KRS 196.710(3). If an applicant seeks to operate its community corrections program with oversight by an alternate board instead of a community corrections board pursuant to KRS 196.710(3), it shall operate under the following requirements in KRS 196.725:a.
The board shall provide direction and assistance to the community corrections program in the design, implementation and evaluation of the community corrections program plan;b.
The board members shall not receive compensation for their duties as board members, but this shall not include the normal salary received by an employee if the employee is not hired to be a board member;c.
The board shall be subject to the open meetings law, KRS 61.800 et seq., for any discussion or decision concerning the community corrections program, plan, or grant;d.
The board shall be subject to the open records law, KRS 61.870 et seq., for any records concerning the community corrections program, plan, or grant;e.
The board shall meet on a regular basis; andf.
Its duties shall include duties (1) through (4) as stated in KRS 196.725; and(c)
Submit a completed application through the electronic grant management system used by the cabinet on the Justice and Public Safety Cabinet Web site under the Grants Management Division and Kentucky State Corrections Commission grants.(4)
The community corrections program plan shall include:(a)
A project overview containing a description of the population to be served and the general format of the programs;(b)
A projected budget detailing the manner in which the funds will be expended;(c)
Any local funds or contributions allocated to the development and implementation of the program plan; and(d)
Letters of certification of need and support from the circuit judge, Commonwealth attorney, and the chief executive officer of the governmental unit.(5)
The community corrections program plan shall be approved by the board before an application is submitted.(6)
The application shall include:(a)
The community corrections program plan;(b)
1.
Records showing the creation of the community corrections board with meeting minutes; or2.
Request for approval of alternate board by commission;(c)
The following information for the board:1.
A list of board members and their area of representation, for example: crime victim, community leader;2.
Board meeting schedule;3.
Articles of incorporation, unless the board is an alternate board that is not incorporated; and4.
A letter of good standing for the corporation from the Secretary of State, unless the board is an alternate board that is not incorporated;(d)
A description of the function and operation of the board, for an alternate board;(e)
Contact information;(f)
A project narrative;(g)
The specific objectives and operations of the proposed project;(h)
Performance indicators;(i)
A proposed budget narrative;(j)
A detailed proposed budget summary for personnel, contractual services, travel, training, and operating expenses; and(k)
Supporting documentation as required within the application.Section 2.
Eligibility Requirements. The following programs shall be eligible to apply for funding pursuant to KRS 196.705:(1)
Victim restitution;(2)
Community service work;(3)
Home confinement;(4)
Electronic monitoring;(5)
Drug and alcohol counseling program;(6)
Day reporting centers; and(7)
Other programs that are for a purpose outlined in KRS 196.705.Section 3.
Funds Restrictions. Grant funds shall be used for the development and implementation of new or enhanced programs and services for the targeted offenders. The funds shall not be used to supplant funds previously committed to the programs and services by local or state government.(1)
Grant funds shall not be used in a manner prohibited by KRS 196.730 for jail operations or confinement, the renovation or construction of jail facilities, or the acquisition of land.(2)
Grant funds shall be disbursed according to a schedule determined by the commission, but the grant recipient shall not spend any funds unless services have been rendered.Section 4.
Award Procedure.(1)
The administrator shall forward copies of the grant applications to the commission who shall meet and determine which applications will be awarded grants at least thirty (30) days before the start of the funding cycle.(2)
The commission shall make its decision based on:(a)
The requirements in KRS 196.710;(b)
Assessment of the proposed program's ability to meet the purposes of community corrections programs stated in KRS 196.705;(c)
Strength of proposed program plan, including project overview and proposed budget;(d)
If applicable, whether grant requirements were met for a previous grant, including the proper submission of quarterly reports;(e)
An area of specific grant focus determined by the commission, if any; and(f)
Other factors of similar importance in assessing the strength of an application.(3)
The administrator shall notify the recipient in writing of a grant decision within five (5) days of the decision.(4)
Grants shall be made on a year-to-year basis with consideration for continued funding after review of submitted progress and performance of the current program, as well as any audit findings. Funding shall not be provided to a program, which has failed to demonstrate:(a)
An effective sentencing alternative to incarceration by demonstrating positive outcomes;(b)
Successful program completions;(c)
Lower arrest and supervision revocation rates;(d)
Cost savings in fewer days incarcerated; or(e)
Other positive outcomes supporting KRS 196.702(4).(5)
Reconsideration.(a)
An applicant may request reconsideration for a decision to deny a grant award for misinterpretation of facts contained in the original application.(b)
An applicant shall not request reconsideration for any other matter.(c)
After notification by the administrator of the grant decision, the applicant may file a reconsideration request in writing with the grant administrator within five (5) business days after the notice of the grant decision in the grants management system. Requests for reconsideration shall be submitted to Department of Corrections, Attn: State Corrections Commission Grant Administrator, P.O. Box 2400, Frankfort, Kentucky 40602-2400.(d)
The chair of the commission or designee shall review the reconsideration request and shall provide a written decision within thirty (30) days. The decision shall be final.HISTORY: (19 Ky.R. 1021; Am. 1366; eff. 12-9-1992; 2090; 2406; eff. 5-10-1993; 46 Ky.R. 2126, 2630; eff. 6-30-2020; 49 Ky.R. 891; eff. 4-4-2023.)
The Kentucky State Corrections Commission reviewed and approved this administrative regulation on August 25, 2022 prior to its filing by the Justice and Public Safety Cabinet as required by KRS 13A.120(3), 13A.220(6)(a), and 196.704(8).
KERRY HARVEY, Cabinet Secretary and Commission Chairperson
APPROVED BY AGENCY: September 14, 2022
FILED WITH LRC: September 15, 2022 at 11:45 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 30, 2022 at 9:00 a.m. at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through November 30, 2022. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Amy V. Barker, Assistant General Counsel, Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-8207, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the grant application process, eligibility for grants, and award process to award grants for the implementation and operation of community corrections programs pursuant to 196.710.
(b) The necessity of this administrative regulation:
is: This administrative regulation is needed to establish the grant application process and its management for community corrections programs pursuant to 196.710.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The commission is required to award grants for the implementation and operation of community corrections programs pursuant to 196.710. KRS 196.704(8) requires the commission to promulgate administrative regulations for the operating procedures of the commission. KRS 15A.160 and 196.035 authorize the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions vested in the cabinet or any division in the cabinet.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
It complies with the requirement to have administrative regulations and establishes the grant application process and its management for community corrections programs pursuant to 196.710.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment changes terminology throughout the regulation. It adds a requirement for a detailed proposed budget summary to be included in the application. It updates time frames for grant disbursement, for the commission to receive applications, and for notification of recipients. It also adds a procedure for requesting reconsideration. The administrative regulation is almost totally rewritten. It establishes the online application process, the requirements to apply for a grant, and the standards for review of an application.
(b) The necessity of the amendment to this administrative regulation:
The amendment follows the requirements of the statutes and allows the online grant process used at the cabinet to be standardized for community corrections program grants.
(c) How the amendment conforms to the content of the authorizing statutes:
The commission is required to award grants for the implementation and operation of community corrections programs pursuant to 196.710. KRS 196.704(8) requires the commission to promulgate administrative regulations for the operating procedures of the commission. KRS 15A.160 and 196.035 authorize the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions vested in the cabinet or any division in the cabinet.
(d) How the amendment will assist in the effective administration of the statutes:
It clarifies the grant application process by providing directions that are more specific for grant applicants. In addition, it provides guidance on factors reviewed in the grant selection process.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects approximately thirty or more governments or organizations applying for or awarded grants by the commission. The Department of Corrections (DOC) provides assistance to the commission for the grant application process. Justice and Public Safety Cabinet Grants Management Division staff manage the online application platform.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
The entities applying for grants must apply using the online application process, provide necessary information, and show compliance with other application requirements. DOC administrative staff for the commission provides notice of available funds, program requirements, application format, and submission deadlines. Once applications are submitted, administrative staff review and present the applications to the commission for the selection process.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The application process does not have a fee. Community corrections board preparations prior to application may include administrative costs related to the application process. The cost to the applicants depends on the amount of time spent on preparation of the application and the cost of compensation for the applicant’s staff. DOC administrative staff spends approximately eighty hours preparing notifications and reviewing the applications for a cost of $2,500.00.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The applicant may be awarded a grant to operate a community corrections program. (5) Provide an estimate of how much it will cost to implement this administrative regulation:
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
Cost to the applicants depends on the amount of time dedicated by the applicant in preparing the application. DOC administrative staff dedicates approximately forty hours resulting in a cost of $1,250.00.
(b) On a continuing basis:
Changes to the software for the online application process is expected to require fifteen to twenty hours of Justice and Public Safety Cabinet Grants Management Division staff time at approximately $900-$1,200.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The commission grant funds as allocated through the General Assembly will serve as the source of funds.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in fees or funding to implement the administrative regulation amendment is not anticipated.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
Fees are not established or increased in this administrative regulation.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
This impacts approximately thirty or more governments or organizations applying for or awarded grants by the commission.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 15A.160, 196.035, 196.704, 196.710
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
Revenue is not anticipated.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
Revenue is not anticipated.
(c) How much will it cost to administer this program for the first year?
$643,500 is anticipated for grant funds for FY23. In addition, there are salary costs incurred by the Department as a staff member administers the program.
(d) How much will it cost to administer this program for subsequent years?
Grant funds may be increased by the General Assembly. Annual salary costs are incurred by the Department as a staff member administers the program.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
Receiving grant funds from the community corrections grant program may provide cost savings to regulated entities by funding services, which provide an alternative to incarceration decreasing costs associated with incarceration and increasing program completion rates. Examples of services may include substance abuse treatment, mental health treatment, housing assistance, transportation services, hygiene, and health prevention efforts. Provision of grant funds allows agencies to maximize other funding sources to enhance overall services provided, such as program capacity or provision of additional services. Expanded programming/services for participants reduces costs associated with unsuccessful program participation, often necessitating repeat program participation. Further, provision of services reduces medical/social service needs that communities incur (such as continued substance use, homelessness, medical treatment, etc.). Overall, estimated cost savings is indeterminable.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
Receiving grant funds from the community corrections grant program may provide cost savings to regulated entities by funding services which provide the same preventative cost avoidance in subsequent years.
(c) How much will it cost the regulated entities for the first year?
Cost to the applicants depends on the amount of time dedicated by the applicant in preparing the application.
(d) How much will it cost the regulated entities for subsequent years?
There is no cost incurred for regulated entities for subsequent years because the application has been completed previously.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation is not expected to have a major economic impact.
500 KAR 10:020.Administration and application procedure for community corrections grant program.
Section 1.
Application Process.(1)
The administrator shall notify eligible applicants of the availability of grant funds, requirements of the program, grant application format, and deadline for receiving applications by Web site postings and sending notices to organizations that communicate with county governments and judicial organizations(2)
The grant program requirements may be reviewed in full at the Justice and Public Safety Cabinet Web site under the Grants Management Division(3)
An applicant shall:(a)
Develop a community corrections program plan in compliance with KRS 196.720;(b)
Have:1.
A community corrections board established and functioning pursuant to KRS 196.725; or2.
An alternate board as described in KRS 196.710(3). If an applicant seeks to operate its community corrections program with oversight by an alternate board instead of a community corrections board pursuant to KRS 196.710(3), it shall operate under the following requirements in KRS 196.725:a.
The board shall provide direction and assistance to the community corrections program in the design, implementation and evaluation of the community corrections program plan;b.
The board members shall not receive compensation for their duties as board members, but this shall not include the normal salary received by an employee if the employee is not hired to be a board member;c.
The board shall be subject to the open meetings law, KRS 61.800 et seq., for any discussion or decision concerning the community corrections program, plan, or grant;d.
The board shall be subject to the open records law, KRS 61.870 et seq., for any records concerning the community corrections program, plan, or grant;e.
The board shall meet on a regular basis; andf.
Its duties shall include duties (1) through (4) as stated in KRS 196.725; and(c)
Submit a completed application through the electronic grant management system used by the cabinet on the Justice and Public Safety Cabinet Web site under the Grants Management Division(4)
The community corrections program plan shall include:(a)
A project overview containing a description of the population(b)
A projected budget detailing the manner in which the funds will be expended;(c)
Any local funds or contributions allocated to the development and implementation of the program plan; and(d)
Letters of certification of need and support from the circuit judge, Commonwealth attorney, and the chief executive officer of the governmental unit.(5)
The community corrections program plan shall be approved by the board before an application is submitted.(6)
The application shall include:(a)
The community corrections program plan;(b)
1.
Records showing the creation of the community corrections board with meeting minutes; or2.
Request for approval of alternate board by commission;(c)
The following information for the board:1.
A list of board members and their area of representation, for example: crime victim, community leader;2.
Board meeting schedule;3.
Articles of incorporation, unless the board is an alternate board that is not incorporated; and4.
A letter of good standing for the corporation from the Secretary of State, unless the board is an alternate board that is not incorporated;(d)
A description of the function and operation of the board, for an alternate board;(e)
Contact information;(f)
A project narrative;(g)
The specific objectives and operations of the proposed project;(h)
Performance indicators;(i)
A proposed budget narrative;(j)
A detailed proposed budget summary for personnel, contractual services, travel, training, and operating expenses; and(k)
Supporting documentation as required within the application.Section 2.
Eligibility Requirements. The following programs shall be eligible to apply for funding pursuant to KRS 196.705:(1)
Victim restitution;(2)
Community service work;(3)
Home confinement;(4)
Electronic monitoring;(5)
Drug and alcohol counseling program;(6)
Day reporting centers; and(7)
Other programs that are for a purpose outlined in KRS 196.705.Section 3.
Funds Restrictions. Grant funds shall be used for the development and implementation of new or enhanced programs and services for the targeted offenders. The funds shall not be used to supplant funds previously committed to the programs and services by local or state government.(1)
Grant funds shall not be used in a manner prohibited by KRS 196.730 for jail operations or confinement, the renovation or construction of jail facilities, or the acquisition of land.(2)
Grant funds shall be disbursed according to a schedule determined by the commissionSection 4.
Award Procedure.(1)
The administrator shall forward copies of the grant applications to the commission who shall meet and determine which applications will be awarded grants at least thirty (30) days before the start of the funding cycle(2)
The commission shall make its decision based on:(a)
The requirements in KRS 196.710;(b)
Assessment of the proposed program's ability to meet the purposes of community corrections programs stated in KRS 196.705;(c)
Strength of proposed program plan, including project overview and proposed budget;(d)
If applicable, whether grant requirements were met for a previous grant, including the proper submission of quarterly reports;(e)
An area of specific grant focus determined by the commission, if any; and(f)
Other factors of similar importance in assessing the strength of an application.(3)
The administrator shall notify the recipient in writing of a grant decision within five (5) days(4)
Grants shall be made on a year-to-year basis with consideration for continued funding after review of submitted progress and performance of the current program, as well as any audit findings(a)
An effective sentencing alternative to incarceration by demonstrating positive outcomes;(b)
Successful program completions;(c)
Lower(d)
Cost savings in fewer days incarcerated; or(e)
Other positive outcomes supporting KRS 196.702(4).(5)
Reconsideration.(a)
An applicant may request reconsideration for a decision to deny a grant award for misinterpretation of facts contained in the original application.(b)
An applicant shall not request reconsideration for any other matter.(c)
After notification by the administrator of the grant decision, the applicant may file a reconsideration request in writing with the grant administrator within five (5) business days after the notice of the grant decision in the grants management system. Requests for reconsideration shall be submitted to Department of Corrections, Attn: State Corrections Commission Grant Administrator, P.O. Box 2400, Frankfort, Kentucky 40602-2400.(d)
The chair of the commission or designee shall review the reconsideration request and shall provide a written decision within thirty (30) days. The decision shall be final.HISTORY: (19 Ky.R. 1021; Am. 1366; eff. 12-9-1992; 2090; 2406; eff. 5-10-1993; 46 Ky.R. 2126, 2630; eff. 6-30-2020; 49 Ky.R. 891; eff. 4-4-2023.)
The Kentucky State Corrections Commission reviewed and approved this administrative regulation on August 25, 2022 prior to its filing by the Justice and Public Safety Cabinet as required by KRS 13A.120(3), 13A.220(6)(a), and 196.704(8).
KERRY HARVEY, Cabinet Secretary and Commission Chairperson
APPROVED BY AGENCY: September 14, 2022
FILED WITH LRC: September 15, 2022 at 11:45 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 30, 2022 at 9:00 a.m. at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through November 30, 2022. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Amy V. Barker, Assistant General Counsel, Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-8207, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the grant application process, eligibility for grants, and award process to award grants for the implementation and operation of community corrections programs pursuant to 196.710.
(b) The necessity of this administrative regulation:
is: This administrative regulation is needed to establish the grant application process and its management for community corrections programs pursuant to 196.710.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The commission is required to award grants for the implementation and operation of community corrections programs pursuant to 196.710. KRS 196.704(8) requires the commission to promulgate administrative regulations for the operating procedures of the commission. KRS 15A.160 and 196.035 authorize the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions vested in the cabinet or any division in the cabinet.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
It complies with the requirement to have administrative regulations and establishes the grant application process and its management for community corrections programs pursuant to 196.710.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment changes terminology throughout the regulation. It adds a requirement for a detailed proposed budget summary to be included in the application. It updates time frames for grant disbursement, for the commission to receive applications, and for notification of recipients. It also adds a procedure for requesting reconsideration. The administrative regulation is almost totally rewritten. It establishes the online application process, the requirements to apply for a grant, and the standards for review of an application.
(b) The necessity of the amendment to this administrative regulation:
The amendment follows the requirements of the statutes and allows the online grant process used at the cabinet to be standardized for community corrections program grants.
(c) How the amendment conforms to the content of the authorizing statutes:
The commission is required to award grants for the implementation and operation of community corrections programs pursuant to 196.710. KRS 196.704(8) requires the commission to promulgate administrative regulations for the operating procedures of the commission. KRS 15A.160 and 196.035 authorize the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions vested in the cabinet or any division in the cabinet.
(d) How the amendment will assist in the effective administration of the statutes:
It clarifies the grant application process by providing directions that are more specific for grant applicants. In addition, it provides guidance on factors reviewed in the grant selection process.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects approximately thirty or more governments or organizations applying for or awarded grants by the commission. The Department of Corrections (DOC) provides assistance to the commission for the grant application process. Justice and Public Safety Cabinet Grants Management Division staff manage the online application platform.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
The entities applying for grants must apply using the online application process, provide necessary information, and show compliance with other application requirements. DOC administrative staff for the commission provides notice of available funds, program requirements, application format, and submission deadlines. Once applications are submitted, administrative staff review and present the applications to the commission for the selection process.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The application process does not have a fee. Community corrections board preparations prior to application may include administrative costs related to the application process. The cost to the applicants depends on the amount of time spent on preparation of the application and the cost of compensation for the applicant’s staff. DOC administrative staff spends approximately eighty hours preparing notifications and reviewing the applications for a cost of $2,500.00.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The applicant may be awarded a grant to operate a community corrections program. (5) Provide an estimate of how much it will cost to implement this administrative regulation:
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
Cost to the applicants depends on the amount of time dedicated by the applicant in preparing the application. DOC administrative staff dedicates approximately forty hours resulting in a cost of $1,250.00.
(b) On a continuing basis:
Changes to the software for the online application process is expected to require fifteen to twenty hours of Justice and Public Safety Cabinet Grants Management Division staff time at approximately $900-$1,200.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The commission grant funds as allocated through the General Assembly will serve as the source of funds.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in fees or funding to implement the administrative regulation amendment is not anticipated.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
Fees are not established or increased in this administrative regulation.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
This impacts approximately thirty or more governments or organizations applying for or awarded grants by the commission.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 15A.160, 196.035, 196.704, 196.710
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
Revenue is not anticipated.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
Revenue is not anticipated.
(c) How much will it cost to administer this program for the first year?
$643,500 is anticipated for grant funds for FY23. In addition, there are salary costs incurred by the Department as a staff member administers the program.
(d) How much will it cost to administer this program for subsequent years?
Grant funds may be increased by the General Assembly. Annual salary costs are incurred by the Department as a staff member administers the program.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
Receiving grant funds from the community corrections grant program may provide cost savings to regulated entities by funding services, which provide an alternative to incarceration decreasing costs associated with incarceration and increasing program completion rates. Examples of services may include substance abuse treatment, mental health treatment, housing assistance, transportation services, hygiene, and health prevention efforts. Provision of grant funds allows agencies to maximize other funding sources to enhance overall services provided, such as program capacity or provision of additional services. Expanded programming/services for participants reduces costs associated with unsuccessful program participation, often necessitating repeat program participation. Further, provision of services reduces medical/social service needs that communities incur (such as continued substance use, homelessness, medical treatment, etc.). Overall, estimated cost savings is indeterminable.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
Receiving grant funds from the community corrections grant program may provide cost savings to regulated entities by funding services which provide the same preventative cost avoidance in subsequent years.
(c) How much will it cost the regulated entities for the first year?
Cost to the applicants depends on the amount of time dedicated by the applicant in preparing the application.
(d) How much will it cost the regulated entities for subsequent years?
There is no cost incurred for regulated entities for subsequent years because the application has been completed previously.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation is not expected to have a major economic impact.