IN
Indiana House Bill HB1101

Indiana 2024 Regular Session

Indiana House Bill HB1101 Compare Versions

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1+*EH1101.1*
2+February 16, 2024
3+ENGROSSED
4+HOUSE BILL No. 1101
5+_____
6+DIGEST OF HB 1101 (Updated February 14, 2024 5:14 pm - DI 149)
7+Citations Affected: IC 33-23.
8+Synopsis: Courts for children three years of age and younger in need
9+of services. Establishes a safe baby court as a type of problem solving
10+court. Provides that a child in need of services is an eligible individual
11+for purposes of a problem solving court program.
12+Effective: July 1, 2024.
13+Lauer, McGuire, Davis, Bauer M
14+(SENATE SPONSORS — KOCH, BROW N L, DONATO)
15+January 8, 2024, read first time and referred to Committee on Judiciary.
16+January 29, 2024, amended, reported — Do Pass.
17+January 31, 2024, read second time, ordered engrossed. Engrossed.
18+February 1, 2024, read third time, passed. Yeas 94, nays 3.
19+SENATE ACTION
20+February 7, 2024, read first time and referred to Committee on Judiciary.
21+February 15, 2024, amended, reported favorably — Do Pass.
22+EH 1101—LS 6750/DI 148 February 16, 2024
123 Second Regular Session of the 123rd General Assembly (2024)
224 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
325 Constitution) is being amended, the text of the existing provision will appear in this style type,
426 additions will appear in this style type, and deletions will appear in this style type.
527 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
628 provision adopted), the text of the new provision will appear in this style type. Also, the
729 word NEW will appear in that style type in the introductory clause of each SECTION that adds
830 a new provision to the Indiana Code or the Indiana Constitution.
931 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1032 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1101
12-AN ACT to amend the Indiana Code concerning courts and court
13-officers.
33+ENGROSSED
34+HOUSE BILL No. 1101
35+A BILL FOR AN ACT to amend the Indiana Code concerning
36+courts and court officers.
1437 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 33-23-16-9.5 IS ADDED TO THE INDIANA
16-CODE AS A NEW SECTION TO READ AS FOLLOWS
17-[EFFECTIVE JULY 1, 2024]: Sec. 9.5. As used in this chapter, "safe
18-baby court" means a problem solving court focused on addressing
19-the needs of families who have a child in need of services who is
20-three (3) years of age or younger by surrounding the family with
21-support services to:
22-(1) reduce:
23-(A) time to permanency;
24-(B) incidences of repeat maltreatment; and
25-(C) the long term and short term effects of traumatic
26-experiences occurring on a child's brain development;
27-(2) promote:
28-(A) public safety through the reductions described in
29-subdivision (1); and
30-(B) effective interaction and the use of resources among
31-both public and private stakeholders; and
32-(3) increase the personal, familial, and societal accountability
33-of families.
34-SECTION 2. IC 33-23-16-11, AS AMENDED BY P.L.9-2022,
35-SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36-HEA 1101 — Concur 2
37-JULY 1, 2024]: Sec. 11. A city court or county court may establish a
38-problem solving court. A problem solving court established under this
39-section may be:
40-(1) a drug court;
41-(2) a mental health court;
42-(3) a family dependency drug court;
43-(4) a community court;
44-(5) a reentry court;
45-(6) a domestic violence court;
46-(7) a veterans' court; or
47-(8) a safe baby court; or
48-(8) (9) any other court certified as a problem solving court by the
49-office of judicial administration under section 17 of this chapter.
50-SECTION 3. IC 33-23-16-13, AS AMENDED BY P.L.95-2013,
51-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
52-JULY 1, 2024]: Sec. 13. An individual is eligible to participate in a
53-problem solving court program only if:
54-(1) the individual meets all of the eligibility criteria established by
55-the board under section 12 of this chapter;
56-(2) the judge of the problem solving court approves the admission
57-of the individual to the problem solving court program; and
58-(3) the individual is referred to the problem solving court as a
59-result of at least one (1) of the following:
60-(A) A condition of a pretrial diversion program authorized by
61-statute or authorized by the judge of the problem solving court
62-and the prosecuting attorney.
63-(B) The procedure described in section 14 of this chapter.
64-(C) The procedure described in section 15 of this chapter.
65-(D) A condition of probation.
66-(E) A condition of participation in a community corrections
67-program under IC 11-12-1.
68-(F) A condition of participation in a forensic diversion
69-program under IC 11-12-3.7.
70-(G) A condition of a community transition program under
71-IC 11-10-11.5.
72-(H) A condition of parole.
73-(I) An order in a dispositional decree under IC 31-34-20 to
74-participate in a family dependency drug court if the individual
75-is a parent, guardian, or another household member of a child
76-adjudicated a child in need of services.
77-(J) A condition of an informal adjustment program under
78-IC 31-37-9.
79-HEA 1101 — Concur 3
80-(K) Involvement in:
81-(i) a child in need of services proceeding;
82-(i) (ii) a child support proceeding;
83-(ii) (iii) a mental health commitment; or
84-(iii) (iv) a civil protection proceeding.
85-(L) A condition of an informal adjustment program under
86-IC 31-34-8.
87-(M) A condition of a misdemeanor sentence.
88-(N) A condition of a program authorized by the:
89-(i) judge of a problem solving court; and
90-(ii) department of correction or the county sheriff.
91-HEA 1101 — Concur Speaker of the House of Representatives
92-President of the Senate
93-President Pro Tempore
94-Governor of the State of Indiana
95-Date: Time:
96-HEA 1101 — Concur
38+1 SECTION 1. IC 33-23-16-9.5 IS ADDED TO THE INDIANA
39+2 CODE AS A NEW SECTION TO READ AS FOLLOWS
40+3 [EFFECTIVE JULY 1, 2024]: Sec. 9.5. As used in this chapter, "safe
41+4 baby court" means a problem solving court focused on addressing
42+5 the needs of families who have a child in need of services who is
43+6 three (3) years of age or younger by surrounding the family with
44+7 support services to:
45+8 (1) reduce:
46+9 (A) time to permanency;
47+10 (B) incidences of repeat maltreatment; and
48+11 (C) the long term and short term effects of traumatic
49+12 experiences occurring on a child's brain development;
50+13 (2) promote:
51+14 (A) public safety through the reductions described in
52+15 subdivision (1); and
53+16 (B) effective interaction and the use of resources among
54+17 both public and private stakeholders; and
55+EH 1101—LS 6750/DI 148 2
56+1 (3) increase the personal, familial, and societal accountability
57+2 of families.
58+3 SECTION 2. IC 33-23-16-11, AS AMENDED BY P.L.9-2022,
59+4 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
60+5 JULY 1, 2024]: Sec. 11. A city court or county court may establish a
61+6 problem solving court. A problem solving court established under this
62+7 section may be:
63+8 (1) a drug court;
64+9 (2) a mental health court;
65+10 (3) a family dependency drug court;
66+11 (4) a community court;
67+12 (5) a reentry court;
68+13 (6) a domestic violence court;
69+14 (7) a veterans' court; or
70+15 (8) a safe baby court; or
71+16 (8) (9) any other court certified as a problem solving court by the
72+17 office of judicial administration under section 17 of this chapter.
73+18 SECTION 3. IC 33-23-16-13, AS AMENDED BY P.L.95-2013,
74+19 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
75+20 JULY 1, 2024]: Sec. 13. An individual is eligible to participate in a
76+21 problem solving court program only if:
77+22 (1) the individual meets all of the eligibility criteria established by
78+23 the board under section 12 of this chapter;
79+24 (2) the judge of the problem solving court approves the admission
80+25 of the individual to the problem solving court program; and
81+26 (3) the individual is referred to the problem solving court as a
82+27 result of at least one (1) of the following:
83+28 (A) A condition of a pretrial diversion program authorized by
84+29 statute or authorized by the judge of the problem solving court
85+30 and the prosecuting attorney.
86+31 (B) The procedure described in section 14 of this chapter.
87+32 (C) The procedure described in section 15 of this chapter.
88+33 (D) A condition of probation.
89+34 (E) A condition of participation in a community corrections
90+35 program under IC 11-12-1.
91+36 (F) A condition of participation in a forensic diversion
92+37 program under IC 11-12-3.7.
93+38 (G) A condition of a community transition program under
94+39 IC 11-10-11.5.
95+40 (H) A condition of parole.
96+41 (I) An order in a dispositional decree under IC 31-34-20 to
97+42 participate in a family dependency drug court if the individual
98+EH 1101—LS 6750/DI 148 3
99+1 is a parent, guardian, or another household member of a child
100+2 adjudicated a child in need of services.
101+3 (J) A condition of an informal adjustment program under
102+4 IC 31-37-9.
103+5 (K) Involvement in:
104+6 (i) a child in need of services proceeding;
105+7 (i) (ii) a child support proceeding;
106+8 (ii) (iii) a mental health commitment; or
107+9 (iii) (iv) a civil protection proceeding.
108+10 (L) A condition of an informal adjustment program under
109+11 IC 31-34-8.
110+12 (M) A condition of a misdemeanor sentence.
111+13 (N) A condition of a program authorized by the:
112+14 (i) judge of a problem solving court; and
113+15 (ii) department of correction or the county sheriff.
114+EH 1101—LS 6750/DI 148 4
115+COMMITTEE REPORT
116+Mr. Speaker: Your Committee on Judiciary, to which was referred
117+House Bill 1101, has had the same under consideration and begs leave
118+to report the same back to the House with the recommendation that said
119+bill be amended as follows:
120+Page 3, delete lines 16 through 42.
121+Page 4, delete lines 1 through 7.
122+and when so amended that said bill do pass.
123+(Reference is to HB 1101 as introduced.)
124+JETER
125+Committee Vote: yeas 10, nays 0.
126+_____
127+COMMITTEE REPORT
128+Madam President: The Senate Committee on Judiciary, to which
129+was referred House Bill No. 1101, has had the same under
130+consideration and begs leave to report the same back to the Senate with
131+the recommendation that said bill be AMENDED as follows:
132+Page 1, line 5, delete "at-risk".
133+Page 1, line 6, delete "at-risk".
134+and when so amended that said bill do pass.
135+(Reference is to HB 1101 as printed January 29, 2024.)
136+BROWN L, Chairperson
137+Committee Vote: Yeas 9, Nays 2.
138+EH 1101—LS 6750/DI 148