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Pennsylvania Code



Subchapter C. GRANTS TO COUNTIES FOR
PRISON CONSTRUCTION


Sec.


95.401.    Purpose.
95.402.    Applicability.
95.403.    Definitions.
95.404.    Grant application criteria.
95.405.    Processing grant applications.
95.406.    Guidelines for the evaluation of grant applications.
95.407.    Award of grant.
95.408.    Records and reports.

Authority

   The provisions of this Subchapter C issued under section 506 of The Administrative Code of 1929 (71 P. S. §  186); and the Prison Facilities Improvement Act (61 P. S. § §  390.101—390.1303), unless otherwise noted.

Source

   The provisions of this Subchapter C, adopted November 15, 1991, effective November 16, 1991, 21 Pa.B. 5338, unless otherwise noted.

§ 95.401. Purpose.

 The purpose of this chapter is to provide an equitable and thorouogh process of reviewing applications for grants provided for in the act. Criteria for review are given to allow the applicant the best possible opportunity to be successful in achieving a grant award.

§ 95.402. Applicability.

 This chapter sets out policy and procedure for providing grants to counties for the repair, expansion, construction, reconstruction, rehabilitation, improvement of local county correctional facilities or multicounty regional prison facilities or the purchase of electronic monitoring equipment for alternative sentencing programs. This chapter applies to grant applications submitted by counties to the Department for funding under the act.

§ 95.403. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Act—The Prison Facilities Improvement Act (61 P. S. § §  390.101—390.1303).

   Application for completed construction—The term includes an application for a grant for work completed 5 years before the date of the grant application.

   Application for funds—An application for funding for construction occurring after December 21, 1989 and for work begun 5 years prior to the date the county submitted a letter to the Department indicating an intent to apply for grant funds.

   Applicant—A county or multicounty regional authority.

   Construction—The preparation of drawings and specifications for facilities; erecting, building, altering, demolishing, remodeling, improving or extending the facilities; and the inspection and supervision of the construction of the facilities. The term does not include an interest in land.

   Department—The Department of Corrections of the Commonwealth.

   Expansion of a prison facility—The construction or renovation of a local correctional facility that increases available bed space. The term includes improving support facilities that directly relate to an increase in the number of inmates that may be housed.

   Grant agreement—A grant application signed by county officials who are empowered to legally and financially obligate the county to a contractual relationship between the county and the Commonwealth, which when executed obligates the county and its officials to comply with this chapter and representations made in the application.

   Local correctional facility or prison facility—A jail, prison or detention facility operated by a county or jointly by more than one county and used for the confinement of persons for safe custody. The term does not include a facility used for the detention or confinement of juveniles.

   Matching funds—Funds that are generated by the county government either through taxes or the sale of municipal matching funds bonds, or county funds expended or committed for the development of an Intermediate Punishment Plan and the operation of an Intermediate Punishment Program under the act. The term does not include funds received from the State or Federal governments through subsidy, grants or entitlement.

Cross References

   This section cited in 37 Pa. Code §  95.404 (relating to grant application criteria).

§ 95.404. Grant application criteria.

 The three categories of grants are described as follows:

   (1)  Past work. A grant is available to a county which has completed an expansion of its prison facilities within 5 years of the date of the grant application as defined by section 714(4) of the act (61 P. S. §  390.714(4)). An application for these funds shall be received by the Department from September 1, 1991 to December 31, 1991. These grants will not exceed $1 million, and the grants shall be matched by funding in a like amount by the county from county funds. A grant will not be awarded until the applicant submits an intermediate punishment plan to the Commission on Crime and Delinquency, as required by the County Intermediate Punishment Act (61 P. S. § §  1101—1114). An application for a grant shall be divided into individual sections, providing the following information, and in the following order:

     (i)   Description of project. A description of the county correctional system including: existing community corrections, diversion or related programs, age of facilities, staffing of facilities, court orders that were filed before July 1, 1990 against the county concerning the correctional facility or the conditions of confinement. The description shall include the rated capacity of the facilities as of July 1, 1990, and how the rated capacity is determined. Priority will be given to an applicant which was at or exceeding 115% of rated capacity as of July 1, 1990.

     (ii)   Amount of grant. The amount of the grant being requested.

     (iii)   Amount of previously expended funds. The amount of funds expended by the applicant for the repair, expansion, construction, reconstruction, rehabilitation and improvement of local correctional facilities and the source of the funds (Federal, State, county or other), to include a detailed description of the capital expenditures.

     (iv)   Other. Other information the applicant wishes to provide.

   (2)  Future work. Grants are available for the repair, expansion, construction, reconstruction, rehabilitation or improvement of county correctional facilities and the purchase of electronic monitoring equipment begun after December 21, 1989. An application for these grants shall consist of individual sections, providing the following information, and in the following order:

     (i)   County correctional system. A description of the county correctional system, including age of facilities, court orders that were filed before July 1, 1990, staffing of facilities and rated capacity of the facilities and how the rated capacity is determined.

     (ii)   Problem. A description of the problem that the grant will address.

     (iii)   Solution. A description of the proposed solution to the problem. The relationship of the solution to the problem identified for which funds are requested shall be included in this section.

     (iv)   Measurement of success. A description of how the success of the proposed solution may be measured.

     (v)   Previous efforts. Previous efforts to address the problem and the success. This shall include a description of programs intended to or having the effect of reducing the need for construction or expansion of the county correctional facility, such as county earned time, work release, and the like.

     (vi)   Grant amount requested. The amount of the grant being requested.

     (vii)   Inmate population. The facility population as of July 1, 1990.

     (viii)   Funds expended. The amount of funds expended, or to be expended by the applicant for the repair, expansion, construction, reconstruction, rehabilitation and improvement of local correctional facilities for 3 years prior to the application. The source of the funds (Federal, State, county or other) to be expended shall be provided in the form of a cost plan that clearly specifies the anticipated costs of the project. See ‘‘matching funds’’ in §  95.403 (relating to definitions). If the county plans to utilize the funds expended in the establishment or creation of a county Intermediate Punishment Plan, a copy of the Intermediate Plan shall be attached to the grant application.

     (ix)   Other. Other information the applicant wishes to provide.

   (3)  Combination of past and future work. Grants are available for prison expansion that began before December 21, 1989 and was not completed until after December 21, 1989. These grants will combine the statutory limitation of $1 million and equal contribution for work and costs initiated before December 21, 1989, and the statutory grant limitation for reimbursement in a like amount of the total grant awarded for expansion or improvement for work completed after December 21, 1989. Applications for the grants shall consist of individual sections, providing the following information:

     (i)   A description of the project.

     (ii)   The amount of previously expended funds.

     (iii)   The county correctional system.

     (iv)   The problem.

     (v)   The measurement of success.

     (vi)   Previous efforts.

     (vii)   The grant amount requested.

     (viii)   The inmate population.

     (ix)   Other information.

   (4)  Submission to Commission on Crime and Delinquency. A grant will not be awarded to an applicant until the applicant complies with the statutory requirement of submitting an Intermediate Punishment Plan to the Commission on Crime and Delinquency as required by the County Intermediate Punishment Act (61 P. S. § §  1101—1114).

§ 95.405. Processing grant applications.

 Upon receiving a grant application, the Department will review the information for completeness and accuracy. If the information is found to be incomplete or inaccurate, additional data may be requested and final processing of the application will be discontinued until the requested data is supplied by the applicant. The Department may terminate the processing of an incomplete or inaccurate application if additional data is not supplied to the Department within 30 days after a written request.

§ 95.406. Guidelines for the evaluation of grant applications.

 The Commissioner of the Department will award grants based on a consideration of the grant application guidelines. The decision will be based on, and keeping with the legislative intent of the act.

§ 95.407. Award of grant.

 (a)  Grants for completed construction will be awarded first and will not exceed $1 million per applicant. The date of the grant application may be fixed by submitting a letter to the Department expressing interest in receiving a grant.

 (b)  A grant approved by the Department shall be matched by funding in a like amount by the county from county funds. If Federal funding becomes available for the construction of local correctional facilities, both the county shares shall be reduced in like proportion. Prior to receiving the grant proceeds, the applicant shall give evidence that matching funds—excluding in-kind services, land or equipment—for the project were utilized for completed construction or are available and committed for projects begun after December 21, 1989.

 (c)  The award of the grant is contingent upon the applicant’s signing of a grant agreement provided by the Department and funds being available in the Local Criminal Justice Fund as defined in section 708 of the act (61 P. S. §  390.708).

 (d)  The Department’s financial obligation is limited to the amount of the grant. The Department is not responsible for funding cost overruns incurred by the applicant.

§ 95.408. Records and reports.

 (a)  The applicant shall maintain books, records and other evidence pertinent to costs incurred in connection with the grant project. The books and records shall be mainitained according to generally accepted accounting principles.

 (b)  Financial records, supporting documents, statistical records and other records pertaining to the grant project shall be retained by the applicant for 3 years following the date payment is made. The records and documents shall be available for inspection or audit by the Commonwealth, its agencies and instrumentalities.

 (c)  The applicant shall provide the Department reports on the progress of the grant project as requested, at least annually.



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