12-299.01. Submission of plan; use of monies; prohibitions

A. Subject to available monies, the supreme court shall allocate monies to the superior court in a participating county to establish and operate community punishment programs.

B. The presiding judge of the superior court in each county desiring to participate in the community punishment program prescribed in this article may prepare a plan pursuant to guidelines issued by the supreme court. The plan shall be submitted to the supreme court. The supreme court guidelines shall require that the plan include programs and services which:

1. Enhance the adult probation services system by developing additional probation conditions, programs and services for offenders placed on supervised probation and intensive probation.

2. Provide programs, services and increased supervision, surveillance and control to special probation populations.

3. Promote accountability of offenders to their local community by requiring financial restitution to victims of crimes or community work service to local governments and community agencies.

4. Reduce the number of felony offenders committed by the superior court to county jails by ordering strict terms of control, supervision and correctional treatment as conditions of supervised probation and intensive probation.

5. Maintain safe and cost effective community punishment programs which emphasize supervision, surveillance and control of offenders.

6. Encourage the involvement of local officials and interested citizens in developing local community punishment programs.

7. Promote the development of community punishment programs and services which are tailored to the specific needs of the superior court in each participating county.

C. The plan shall include a proposed budget necessary to implement and operate the plan. All monies provided shall be used to supplement monies currently used for community based sentencing and adult probation programs and services.

D. Monies may be used to develop or expand the range of community punishment programs and services at the local level. Programs and services may include the following:

1. Noncustodial programs and services which involve supervision and surveillance but do not involve housing the offender in a jail or residential facility. Examples include community work service supervision, victim restitution supervision, house arrest, electronic monitoring, victim-offender reconciliation or mediation, alcohol or drug abuse outpatient treatment and psychological or psychiatric counseling.

2. Community residential programs which involve supervision in a residential setting. Examples include restitution centers, halfway houses, detoxification centers, inpatient drug or alcohol treatment and emergency shelters.

3. Individualized services which evaluate the special needs of the population served under this article. Services to the court to assist in the evaluation and screening of eligible offenders may include purchasing psychological, medical, educational or vocational services, drug or alcohol urine screening and a plan for diagnostic evaluations of specific clients. Other services which may be purchased on an individualized basis include job training, alcohol or drug counseling, individual or family counseling, literacy training and education, high school equivalency and transportation subsidies. These services are intended to supplement and enhance the local adult probation system and to enable felony offenders to be treated near their homes.

E. Community punishment monies may be used to implement victims' rights programs and services, case classification and supervision strategies by funding additional probation officers to personally interview victims and witnesses, conduct presentence investigations and supervise reduced case loads of select felony offenders.

F. Community punishment monies may be used to acquire, renovate and operate community based facilities established to provide the programs and services set forth in subsections B and D.

G. The presiding judge of the superior court may enter into agreements with qualified private human services agencies for the provision of any or all of these programs and services.

H. Private human service agencies shall not use these monies to supplant existing monies from this state or the local government for existing community sentencing programs and services.

I. Monies shall not be used for the construction, renovation or operation of county or municipal jails.