(a) There is a Performance Incentive Grant Fund. (b) (1) The purpose of the Fund is to make use of the savings from the implementation of the recommendations of the Justice Reinvestment Coordinating Council. (2) Subject to paragraph (3) of this subsection, and except as provided in paragraph (4) of this subsection, the Board may recommend to the Executive Director that grants be made to: (i) ensure that the rights of crime victims are protected and enhanced; (ii) provide for pretrial risk assessments; (iii) provide for services to reduce pretrial detention; (iv) provide for diversion programs, including mediation and restorative justice programs; (v) provide for recidivism reduction programming; (vi) provide for evidence-based practices and policies; (vii) provide for specialty courts; (viii) provide for reentry programs; (ix) provide for substance use disorder and community mental health service programs; and (x) provide for any other program or service that will further the purposes established in paragraph (1) of this subsection. (3) (i) At least 5% of the grants provided to a county under this section shall be used to fund programs and services to ensure that the rights of crime victims are protected and enhanced. (ii) The grants shall be used to supplement, but not supplant, funds received from other sources. (4) For fiscal year 2026 and each fiscal year thereafter, up to $1,000,000 of the Fund may be used each year to support the agency operations of the Office of the Correctional Ombudsman. (5) The Governor's Office of Crime Prevention and Policy shall receive from the Fund each fiscal year the amount necessary to offset the costs of administering the Fund, including the costs incurred in an agreement to collect and interpret data as authorized by § 9-3207 of this subtitle. (c) (1) Subject to the authority of the Executive Director, the Board shall administer the Fund. (2) The Executive Director may approve or disapprove any grants from the Fund. (d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7- 302 of the State Finance and Procurement Article. (2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. (e) The Fund consists of: (1) money appropriated in the State budget; (2) interest earned on money in the Fund; and (3) any other money from any other source accepted for the benefit of the Fund. (f) The Fund may be used only for the purposes established in subsection (b) of this section. (g) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested. (2) Any interest earnings of the Fund shall be credited to the Fund. (h) Expenditures from the Fund may be made only in accordance with the State budget. (i) Money expended from the Fund for programs to reduce recidivism and control correctional costs is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for these purposes.
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