IN
Indiana House Bill HB1361

Indiana 2023 Regular Session

Indiana House Bill HB1361 Compare Versions

Only one version of the bill is available at this time.
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22 Introduced Version
33 HOUSE BILL No. 1361
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 31-40.
77 Synopsis: Funding of juvenile justice oversight. Makes certain
88 amendments to the juvenile diversion grant program, the juvenile
99 community alternatives grant program, and the juvenile behavioral
1010 health competitive grant pilot program (programs). Appropriates
1111 specified amounts for the state budget biennium to the juvenile
1212 diversion and community alternatives grant program fund and juvenile
1313 behavioral health competitive grant pilot program fund for purposes of
1414 those programs to be administered by the Indiana criminal justice
1515 institute in consultation with the juvenile justice oversight committee
1616 (oversight committee) and the grant process workgroup created by that
1717 oversight committee, taking into considering the grant program report
1818 prepared and submitted to the commission on improving the status of
1919 children in Indiana by the oversight committee.
2020 Effective: July 1, 2023.
2121 McNamara, Davis, Steuerwald
2222 January 17, 2023, read first time and referred to Committee on Ways and Means.
2323 2023 IN 1361—LS 7013/DI 120 Introduced
2424 First Regular Session of the 123rd General Assembly (2023)
2525 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2626 Constitution) is being amended, the text of the existing provision will appear in this style type,
2727 additions will appear in this style type, and deletions will appear in this style type.
2828 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2929 provision adopted), the text of the new provision will appear in this style type. Also, the
3030 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3131 a new provision to the Indiana Code or the Indiana Constitution.
3232 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3333 between statutes enacted by the 2022 Regular Session of the General Assembly.
3434 HOUSE BILL No. 1361
3535 A BILL FOR AN ACT to amend the Indiana Code concerning
3636 family law and juvenile law and to make an appropriation.
3737 Be it enacted by the General Assembly of the State of Indiana:
3838 1 SECTION 1. IC 31-40-5-0.1 IS ADDED TO THE INDIANA CODE
3939 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4040 3 1, 2023]: Sec. 0.1. As used in this chapter, "commission" means the
4141 4 commission on improving the status of children in Indiana
4242 5 established by IC 2-5-36-3.
4343 6 SECTION 2. IC 31-40-5-0.3 IS ADDED TO THE INDIANA CODE
4444 7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4545 8 1, 2023]: Sec. 0.3. As used in this chapter, "fund" refers to the
4646 9 juvenile diversion and community alternatives grant program fund
4747 10 established by section 6 of this chapter.
4848 11 SECTION 3. IC 31-40-5-0.5 IS ADDED TO THE INDIANA CODE
4949 12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
5050 13 1, 2023]: Sec. 0.5. As used in this chapter, "office" means the
5151 14 Indiana office of court services established by the supreme court.
5252 15 SECTION 4. IC 31-40-5-0.7 IS ADDED TO THE INDIANA CODE
5353 16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
5454 17 1, 2023]: Sec. 0.7. As used in this chapter, "oversight committee"
5555 2023 IN 1361—LS 7013/DI 120 2
5656 1 means the juvenile justice oversight body established under
5757 2 IC 2-5-36-9.3(a).
5858 3 SECTION 5. IC 31-40-5-1.2 IS ADDED TO THE INDIANA CODE
5959 4 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
6060 5 1, 2023]: Sec. 1.2. As used in this chapter, "workgroup" refers to
6161 6 the grant process workgroup created by the oversight committee.
6262 7 SECTION 6. IC 31-40-5-3, AS ADDED BY P.L.101-2022,
6363 8 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6464 9 JULY 1, 2023]: Sec. 3. (a) The purpose of the juvenile diversion grant
6565 10 program is as follows:
6666 11 (1) Prevent further involvement of the child in the formal legal
6767 12 system.
6868 13 (2) Provide eligible children with alternatives to adjudication that
6969 14 require the least amount of supervision and conditions necessary
7070 15 consistent with the protection of the community and the child's
7171 16 risk of reoffending, as determined by a risk screening tool.
7272 17 (3) Emphasize the use of restorative justice practices.
7373 18 (4) Reduce recidivism and improve positive outcomes for a child
7474 19 through the provision of research based services, if warranted,
7575 20 that address the child's needs.
7676 21 (b) The purpose of the juvenile community alternatives grant
7777 22 program is as follows:
7878 23 (1) Provide cost effective, research based alternatives in lieu of
7979 24 the use of secure detention, out-of-home placement, and
8080 25 department of correction facilities in the community.
8181 26 (2) Reduce the use of secure confinement and out-of-home
8282 27 placement.
8383 28 (3) Reduce recidivism and improve positive outcomes for
8484 29 children.
8585 30 (c) The Indiana criminal justice institute shall adopt a funding
8686 31 formula based on county population and performance measures
8787 32 that apply to grantees under the program taking into consideration
8888 33 the plan submitted to the commission by the oversight committee
8989 34 under IC 2-5-36-9.3(b).
9090 35 SECTION 7. IC 31-40-5-4, AS ADDED BY P.L.101-2022,
9191 36 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9292 37 JULY 1, 2023]: Sec. 4. (a) The Indiana criminal justice institute (as
9393 38 described in IC 5-2-6) may use available funds to strengthen the
9494 39 agency's grant management capacity to:
9595 40 (1) serve as an efficient pass through to counties;
9696 41 (2) provide quality assurance and technical assistance to counties;
9797 42 and
9898 2023 IN 1361—LS 7013/DI 120 3
9999 1 (3) support and coordinate data collection.
100100 2 (b) The Indiana criminal justice institute shall prepare an annual
101101 3 report that details the performance measures collected and reported
102102 4 under IC 2-5-36-9.3(b)(4), including an analysis of the performance
103103 5 measures by race, ethnicity, gender, and other demographic factors.
104104 6 The report shall be provided to the governor, the chief justice, and the
105105 7 legislative council, the oversight committee, and the Indiana
106106 8 criminal justice institute before December 1 of each year. The report
107107 9 provided to the legislative council must be in an electronic format
108108 10 under IC 5-14-6.
109109 11 SECTION 8. IC 31-40-5-5, AS ADDED BY P.L.101-2022,
110110 12 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
111111 13 JULY 1, 2023]: Sec. 5. (a) A county participating in any program
112112 14 described in this chapter is required to have its local or regional justice
113113 15 reinvestment advisory council (as described in IC 33-38-9.5-4), or
114114 16 another local collaborative body that includes stakeholders across the
115115 17 juvenile justice system, oversee each grant awarded to the county and
116116 18 engage in collaborative service planning for the county.
117117 19 (b) The Indiana criminal justice institute shall coordinate with
118118 20 the workgroup and oversight committee to develop a statewide
119119 21 solicitation process for applications for the grants from the fund
120120 22 and shall conduct outreach activities to inform all potential
121121 23 applicants of the grant opportunities available under this chapter.
122122 24 (c) The Indiana criminal justice institute in coordination with
123123 25 the workgroup, oversight committee, commission, and office shall
124124 26 conduct informational and educational sessions for potential and
125125 27 actual applicants, including opportunities for questions and
126126 28 clarification.
127127 29 (d) Subject to the Indiana criminal justice institute solicitation
128128 30 process developed under subsection (b), the oversight committee,
129129 31 or a subgroup of the oversight committee shall review applications
130130 32 for grants under this chapter and make recommendations to the
131131 33 board of trustees of the Indiana criminal justice institute regarding
132132 34 funding decisions. The review of applications should be done in
133133 35 consultation with a representative from the department of child
134134 36 services, the department of correction, the division of mental
135135 37 health and addiction, the Indiana criminal justice institute, and the
136136 38 office.
137137 39 SECTION 9. IC 31-40-5-7 IS ADDED TO THE INDIANA CODE
138138 40 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
139139 41 1, 2023]: Sec. 7. (a) For each state fiscal year beginning after June
140140 42 30, 2023, and ending before July 1, 2025, the following amounts are
141141 2023 IN 1361—LS 7013/DI 120 4
142142 1 appropriated from the state general fund to the juvenile diversion
143143 2 and community alternatives grant program fund established by
144144 3 section 6 of this chapter to be used for the following purposes:
145145 4 (1) Five million dollars ($5,000,000) for the juvenile diversion
146146 5 grant program described in section 1(1) of this chapter.
147147 6 (2) Five million dollars ($5,000,000) for the juvenile
148148 7 community alternatives grant program described in section
149149 8 1(2) of this chapter.
150150 9 (b) The Indiana criminal justice institute shall administer the
151151 10 grants described in subsection (a) in consultation with the oversight
152152 11 committee and the workgroup taking into consideration the grant
153153 12 program report prepared and submitted to the commission by the
154154 13 oversight committee under IC 2-5-36-9.3(b).
155155 14 SECTION 10. IC 31-40-6-0.1 IS ADDED TO THE INDIANA
156156 15 CODE AS A NEW SECTION TO READ AS FOLLOWS
157157 16 [EFFECTIVE JULY 1, 2023]: Sec. 0.1. As used in this chapter,
158158 17 "commission" means the commission on improving the status of
159159 18 children in Indiana established by IC 2-5-36-3.
160160 19 SECTION 11. IC 31-40-6-0.3 IS ADDED TO THE INDIANA
161161 20 CODE AS A NEW SECTION TO READ AS FOLLOWS
162162 21 [EFFECTIVE JULY 1, 2023]: Sec. 0.3. As used in this chapter,
163163 22 "fund" refers to the juvenile behavioral health competitive grant
164164 23 pilot program fund established by section 5 of this chapter.
165165 24 SECTION 12. IC 31-40-6-0.5 IS ADDED TO THE INDIANA
166166 25 CODE AS A NEW SECTION TO READ AS FOLLOWS
167167 26 [EFFECTIVE JULY 1, 2023]: Sec. 0.5. As used in this chapter,
168168 27 "office" means the Indiana office of court services established by
169169 28 the supreme court.
170170 29 SECTION 13. IC 31-40-6-0.7 IS ADDED TO THE INDIANA
171171 30 CODE AS A NEW SECTION TO READ AS FOLLOWS
172172 31 [EFFECTIVE JULY 1, 2023]: Sec. 0.7. As used in this chapter,
173173 32 "oversight committee" means the juvenile justice oversight body
174174 33 established under IC 2-5-36-9.3(a).
175175 34 SECTION 14. IC 31-40-6-1.2 IS ADDED TO THE INDIANA
176176 35 CODE AS A NEW SECTION TO READ AS FOLLOWS
177177 36 [EFFECTIVE JULY 1, 2023]: Sec. 1.2. As used in this chapter,
178178 37 "workgroup" refers to the grant process workgroup created by the
179179 38 oversight committee.
180180 39 SECTION 15. IC 31-40-6-3, AS ADDED BY P.L.101-2022,
181181 40 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
182182 41 JULY 1, 2023]: Sec. 3. (a) The purpose of the juvenile behavioral
183183 42 health competitive grant pilot program is to support jurisdictions,
184184 2023 IN 1361—LS 7013/DI 120 5
185185 1 particularly in rural areas, to evaluate a child's behavioral health needs
186186 2 and divert the child from formal court involvement and out-of-home
187187 3 placement into community or school based mental health treatment.
188188 4 (b) Grant recipients shall use a validated mental health screening
189189 5 tool, and a full mental health assessment tool, if necessary, and may use
190190 6 the funds to conduct the following activities:
191191 7 (1) Partnering with law enforcement to implement a program to
192192 8 divert a child from formal court proceedings.
193193 9 (2) Creating crisis stabilization services and a mobile crisis unit.
194194 10 (3) Providing comprehensive case management for a child or
195195 11 family in crisis.
196196 12 (4) Identifying and strengthening community based intensive
197197 13 treatment and management services.
198198 14 (5) Establishing telehealth services (as defined in IC 25-1-9.5-6)
199199 15 and programs.
200200 16 (6) Supporting mental health evaluations, which include the use
201201 17 of telehealth services (as defined in IC 25-1-9.5-6).
202202 18 (c) Indiana criminal justice institute may consider those
203203 19 programs and activities identified for possible funding in the plan
204204 20 submitted to the commission by the oversight committee under
205205 21 IC 2-5-36-9.3(b), but may not rely exclusively on the plan in
206206 22 providing statewide funding under the program.
207207 23 (d) The Indiana criminal justice institute shall adopt
208208 24 performance measures that apply to grantees under the program
209209 25 taking into consideration the plan submitted to the commission by
210210 26 the oversight committee under IC 2-5-36-9.3(b).
211211 27 SECTION 16. IC 31-40-6-4, AS ADDED BY P.L.101-2022,
212212 28 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
213213 29 JULY 1, 2023]: Sec. 4. (a) The local or regional justice reinvestment
214214 30 advisory council (as described in IC 33-38-9.5-4), or another local
215215 31 collaborative body that includes stakeholders across the juvenile justice
216216 32 system, shall:
217217 33 (1) manage grant solicitation, with support for rural communities
218218 34 as a required funding priority; and
219219 35 (2) determine how funding and programming could be used more
220220 36 effectively.
221221 37 (b) The advisory council shall consider efficiency that may be
222222 38 achieved by implementing the program on a regional basis.
223223 39 (c) The Indiana criminal justice institute shall coordinate with
224224 40 the oversight committee, workgroup, and office to develop a
225225 41 statewide solicitation process for applications for the grants from
226226 42 the fund and shall conduct outreach activities to inform all
227227 2023 IN 1361—LS 7013/DI 120 6
228228 1 potential applicants of the grant opportunities available under this
229229 2 chapter.
230230 3 (d) The Indiana criminal justice institute in coordination with
231231 4 the commission, oversight committee, workgroup, and office shall
232232 5 conduct informational and educational sessions for potential and
233233 6 actual applicants, including opportunities for questions and
234234 7 clarification.
235235 8 (e) Subject to the Indiana criminal justice institute solicitation
236236 9 process developed under subsection (c), the oversight committee,
237237 10 or a subgroup of the oversight committee, shall review applications
238238 11 for grants under this chapter and make recommendations to the
239239 12 board of trustees of the Indiana criminal justice institute regarding
240240 13 funding decisions. The review of applications should be done in
241241 14 consultation with a representative from the department of child
242242 15 services, the department of correction, the division of mental
243243 16 health and addiction, the Indiana criminal justice institute, the
244244 17 office, and experienced practitioners in the mental and behavioral
245245 18 health profession.
246246 19 SECTION 17. IC 31-40-6-6 IS ADDED TO THE INDIANA CODE
247247 20 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
248248 21 1, 2023]: Sec. 6. (a) For each state fiscal year beginning after June
249249 22 30, 2023, and ending before July 1, 2025, twenty million dollars
250250 23 ($20,000,000) is appropriated from the state general fund to the
251251 24 juvenile behavioral health competitive grant pilot program fund
252252 25 established by section 5 of this chapter to be used for behavioral
253253 26 health grants under the program.
254254 27 (b) The Indiana criminal justice institute shall administer the
255255 28 grants described in subsection (a) in consultation with the oversight
256256 29 committee and the workgroup taking into consideration the grant
257257 30 program report prepared and submitted to the commission by
258258 31 oversight committee under IC 2-5-36-9.3(b).
259259 2023 IN 1361—LS 7013/DI 120