14 | | - | SECTION 1. IC 5-2-6-3, AS AMENDED BY P.L.101-2022, |
---|
15 | | - | SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
16 | | - | JULY 1, 2024]: Sec. 3. The institute is established to do the following: |
---|
17 | | - | (1) Evaluate state and local programs associated with: |
---|
18 | | - | (A) the prevention, detection, and solution of criminal |
---|
19 | | - | offenses; |
---|
20 | | - | (B) law enforcement; and |
---|
21 | | - | (C) the administration of criminal and juvenile justice. |
---|
22 | | - | (2) Participate in statewide collaborative efforts to improve all |
---|
23 | | - | aspects of law enforcement, juvenile justice, and criminal justice |
---|
24 | | - | in this state. |
---|
25 | | - | (3) Stimulate criminal and juvenile justice research. |
---|
26 | | - | (4) Develop new methods for the prevention and reduction of |
---|
27 | | - | crime. |
---|
28 | | - | (5) Prepare applications for funds under the Omnibus Act and the |
---|
29 | | - | Juvenile Justice Act. |
---|
30 | | - | (6) Administer victim and witness assistance funds. |
---|
31 | | - | (7) Administer the traffic safety functions assigned to the institute |
---|
32 | | - | under IC 9-27-2. |
---|
33 | | - | (8) Compile and analyze information and disseminate the |
---|
34 | | - | information to persons who make criminal justice decisions in this |
---|
35 | | - | state. |
---|
36 | | - | SEA 290 2 |
---|
37 | | - | (9) Serve as the criminal justice statistical analysis center for this |
---|
38 | | - | state. |
---|
39 | | - | (10) Identify grants and other funds that can be used by the |
---|
40 | | - | department of correction to carry out its responsibilities |
---|
41 | | - | concerning sex or violent offender registration under IC 11-8-8. |
---|
42 | | - | (11) Administer the application and approval process for |
---|
43 | | - | designating an area of a consolidated or second class city as a |
---|
44 | | - | public safety improvement area under IC 36-8-19.5. |
---|
45 | | - | (12) Administer funds for the support of any sexual offense |
---|
46 | | - | services. |
---|
47 | | - | (13) Administer funds for the support of domestic violence |
---|
48 | | - | programs. |
---|
49 | | - | (14) Administer funds to support assistance to victims of human |
---|
50 | | - | sexual trafficking offenses as provided in IC 35-42-3.5-4. |
---|
51 | | - | (15) Administer the domestic violence prevention and treatment |
---|
52 | | - | fund under IC 5-2-6.7. |
---|
53 | | - | (16) Administer the family violence and victim assistance fund |
---|
54 | | - | under IC 5-2-6.8. |
---|
55 | | - | (17) Monitor and evaluate criminal code reform the status of |
---|
56 | | - | Indiana's criminal justice system under IC 5-2-6-24. |
---|
57 | | - | (18) Administer the ignition interlock inspection account |
---|
58 | | - | established under IC 9-30-8-7. |
---|
59 | | - | (19) Identify any federal, state, or local grants that can be used to |
---|
60 | | - | assist in the funding and operation of regional holding facilities |
---|
61 | | - | under IC 11-12-6.5. |
---|
62 | | - | (20) Coordinate with state and local criminal justice agencies for |
---|
63 | | - | the collection and transfer of data from sheriffs concerning jail: |
---|
64 | | - | (A) populations; and |
---|
65 | | - | (B) statistics; |
---|
66 | | - | for the purpose of providing jail data to the management |
---|
67 | | - | performance hub established by IC 4-3-26-8. |
---|
68 | | - | (21) Establish and administer the Indiana crime guns task force |
---|
69 | | - | fund under IC 36-8-25.5-8. |
---|
70 | | - | (22) Establish and administer: |
---|
71 | | - | (A) the juvenile diversion and community alternatives grant |
---|
72 | | - | program fund under IC 31-40-5; and |
---|
73 | | - | (B) the juvenile behavioral health competitive grant pilot |
---|
74 | | - | program fund under IC 31-40-6. |
---|
75 | | - | SECTION 2. IC 5-2-6-24, AS AMENDED BY P.L.142-2018, |
---|
76 | | - | SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
77 | | - | JULY 1, 2024]: Sec. 24. (a) As used in this section, "criminal code |
---|
78 | | - | reform" refers to statutory provisions relating to criminal law enacted |
---|
79 | | - | SEA 290 3 |
---|
80 | | - | by P.L.158-2013 and HEA 1006-2014. |
---|
81 | | - | (b) The institute shall monitor and evaluate criminal code reform |
---|
82 | | - | the status of Indiana's criminal justice system as described in this |
---|
83 | | - | section. |
---|
84 | | - | (c) The institute shall annually gather data and analyze the impact |
---|
85 | | - | of criminal code reform the status of the criminal justice system in |
---|
86 | | - | Indiana, including the impact of current trends on: |
---|
87 | | - | (1) local units of government; |
---|
88 | | - | (2) the department of correction; and |
---|
89 | | - | (3) the office of judicial administration. |
---|
90 | | - | (d) The institute shall prepare an annual report, in conjunction with |
---|
91 | | - | the justice reinvestment advisory council (established by |
---|
92 | | - | IC 33-38-9.5-2), containing the results of its analysis before December |
---|
93 | | - | January 1 of each year. The report shall be provided to the governor, |
---|
94 | | - | the chief justice, and the legislative council. The report provided to the |
---|
95 | | - | legislative council must be in an electronic format under IC 5-14-6. |
---|
96 | | - | (e) The report required under this section must: |
---|
97 | | - | (1) include an analysis of: |
---|
98 | | - | (A) the effect of criminal code reform on: |
---|
99 | | - | (i) (A) county jails; jail populations; |
---|
100 | | - | (ii) (B) community corrections programs; agencies; |
---|
101 | | - | (iii) (C) probation departments; and |
---|
102 | | - | (iv) (D) courts; |
---|
103 | | - | (B) (E) recidivism rates; |
---|
104 | | - | (C) (F) reentry court programs; and |
---|
105 | | - | (D) (G) data relevant to the availability and effectiveness of |
---|
106 | | - | mental health and addiction programs for persons who are at |
---|
107 | | - | risk of entering the criminal justice system, who are in the |
---|
108 | | - | criminal justice system; and who have left the criminal justice |
---|
109 | | - | system; |
---|
110 | | - | (2) track the number of requests for sentence modification that are |
---|
111 | | - | set for hearing by the court, including the relief granted by the |
---|
112 | | - | court, if any; The report must include whether the grant or denial |
---|
113 | | - | of a request for sentence modification was discretionary or |
---|
114 | | - | mandatory, and whether the prosecuting attorney opposed the |
---|
115 | | - | request for sentence modification, agreed to the request for |
---|
116 | | - | sentence modification, or took no position on the request for |
---|
117 | | - | sentence modification; |
---|
118 | | - | (3) track, by age and offense, the number of juveniles under the |
---|
119 | | - | jurisdiction of an adult court due to: |
---|
120 | | - | (A) lack of jurisdiction under IC 31-30-1-4; or |
---|
121 | | - | (B) waiver of jurisdiction under IC 31-30-3-2 through |
---|
122 | | - | SEA 290 4 |
---|
123 | | - | IC 31-30-3-6; |
---|
124 | | - | (4) track the number of juveniles under the jurisdiction of adult |
---|
125 | | - | court due to a juvenile court not having jurisdiction of the cases |
---|
126 | | - | in accordance with IC 31-30-1-4, by: |
---|
127 | | - | (A) age; |
---|
128 | | - | (B) sex; |
---|
129 | | - | (C) race; |
---|
130 | | - | (D) county of prosecution; |
---|
131 | | - | (E) offenses charged; |
---|
132 | | - | (F) convictions received; and |
---|
133 | | - | (G) sentences received; and |
---|
134 | | - | (5) track the number of waivers of juvenile court jurisdiction |
---|
135 | | - | granted under IC 31-30-3-2 through IC 31-30-3-6 by: |
---|
136 | | - | (A) age; |
---|
137 | | - | (B) sex; |
---|
138 | | - | (C) race; |
---|
139 | | - | (D) charges filed in juvenile court in which a waiver was |
---|
140 | | - | sought; |
---|
141 | | - | (E) charges filed in adult court following the waiver of |
---|
142 | | - | juvenile court jurisdiction; |
---|
143 | | - | (F) county of prosecution; |
---|
144 | | - | (G) convictions received; and |
---|
145 | | - | (H) sentences received. |
---|
146 | | - | (f) All local units of government and local elected officials, |
---|
147 | | - | including sheriffs, prosecuting attorneys, judges, and county fiscal |
---|
148 | | - | bodies, shall cooperate with the institute by providing data as requested |
---|
149 | | - | by the institute. |
---|
150 | | - | (g) State agencies, including the department of correction, the |
---|
151 | | - | Indiana prosecuting attorneys council, the Indiana public defender |
---|
152 | | - | council, and the office of judicial administration, and the division of |
---|
153 | | - | mental health and addiction, shall assist the institute by providing |
---|
154 | | - | requested data in a timely manner. |
---|
155 | | - | (h) Based on their analysis, the institute and the justice reinvestment |
---|
156 | | - | advisory council shall include recommendations to improve the |
---|
157 | | - | criminal justice system in Indiana, with particular emphasis being |
---|
158 | | - | placed on recommendations that relate to sentencing policies and |
---|
159 | | - | reform. |
---|
160 | | - | (i) The institute and the justice reinvestment advisory council shall |
---|
161 | | - | include research data relevant to their analysis and recommendations |
---|
162 | | - | in the report. |
---|
163 | | - | (j) The institute shall: |
---|
164 | | - | (1) make the data collected under subsection (e)(4) and (e)(5) |
---|
165 | | - | SEA 290 5 |
---|
166 | | - | available to the public in an annual report, by fiscal year, due by |
---|
167 | | - | October 30 of each year; |
---|
168 | | - | (2) post the annual report required by subdivision (1) on the |
---|
169 | | - | institute's Internet web site; website; and |
---|
170 | | - | (3) provide a copy of the annual report required by subdivision (1) |
---|
171 | | - | to the commission on improving the status of children in Indiana |
---|
172 | | - | established by IC 2-5-36-3. |
---|
173 | | - | SECTION 3. IC 11-12-2-1, AS AMENDED BY THE TECHNICAL |
---|
174 | | - | CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS |
---|
175 | | - | AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]: |
---|
176 | | - | Sec. 1. (a) For the purpose of encouraging counties to develop a |
---|
177 | | - | coordinated local corrections-criminal justice system and providing |
---|
178 | | - | effective alternatives to imprisonment at the state level, the |
---|
| 38 | + | 1 SECTION 1. IC 5-2-6-3, AS AMENDED BY P.L.101-2022, |
---|
| 39 | + | 2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 40 | + | 3 JULY 1, 2024]: Sec. 3. The institute is established to do the following: |
---|
| 41 | + | 4 (1) Evaluate state and local programs associated with: |
---|
| 42 | + | 5 (A) the prevention, detection, and solution of criminal |
---|
| 43 | + | 6 offenses; |
---|
| 44 | + | 7 (B) law enforcement; and |
---|
| 45 | + | 8 (C) the administration of criminal and juvenile justice. |
---|
| 46 | + | 9 (2) Participate in statewide collaborative efforts to improve all |
---|
| 47 | + | 10 aspects of law enforcement, juvenile justice, and criminal justice |
---|
| 48 | + | 11 in this state. |
---|
| 49 | + | 12 (3) Stimulate criminal and juvenile justice research. |
---|
| 50 | + | 13 (4) Develop new methods for the prevention and reduction of |
---|
| 51 | + | 14 crime. |
---|
| 52 | + | 15 (5) Prepare applications for funds under the Omnibus Act and the |
---|
| 53 | + | 16 Juvenile Justice Act. |
---|
| 54 | + | 17 (6) Administer victim and witness assistance funds. |
---|
| 55 | + | ES 290—LS 6457/DI 106 2 |
---|
| 56 | + | 1 (7) Administer the traffic safety functions assigned to the institute |
---|
| 57 | + | 2 under IC 9-27-2. |
---|
| 58 | + | 3 (8) Compile and analyze information and disseminate the |
---|
| 59 | + | 4 information to persons who make criminal justice decisions in this |
---|
| 60 | + | 5 state. |
---|
| 61 | + | 6 (9) Serve as the criminal justice statistical analysis center for this |
---|
| 62 | + | 7 state. |
---|
| 63 | + | 8 (10) Identify grants and other funds that can be used by the |
---|
| 64 | + | 9 department of correction to carry out its responsibilities |
---|
| 65 | + | 10 concerning sex or violent offender registration under IC 11-8-8. |
---|
| 66 | + | 11 (11) Administer the application and approval process for |
---|
| 67 | + | 12 designating an area of a consolidated or second class city as a |
---|
| 68 | + | 13 public safety improvement area under IC 36-8-19.5. |
---|
| 69 | + | 14 (12) Administer funds for the support of any sexual offense |
---|
| 70 | + | 15 services. |
---|
| 71 | + | 16 (13) Administer funds for the support of domestic violence |
---|
| 72 | + | 17 programs. |
---|
| 73 | + | 18 (14) Administer funds to support assistance to victims of human |
---|
| 74 | + | 19 sexual trafficking offenses as provided in IC 35-42-3.5-4. |
---|
| 75 | + | 20 (15) Administer the domestic violence prevention and treatment |
---|
| 76 | + | 21 fund under IC 5-2-6.7. |
---|
| 77 | + | 22 (16) Administer the family violence and victim assistance fund |
---|
| 78 | + | 23 under IC 5-2-6.8. |
---|
| 79 | + | 24 (17) Monitor and evaluate criminal code reform the status of |
---|
| 80 | + | 25 Indiana's criminal justice system under IC 5-2-6-24. |
---|
| 81 | + | 26 (18) Administer the ignition interlock inspection account |
---|
| 82 | + | 27 established under IC 9-30-8-7. |
---|
| 83 | + | 28 (19) Identify any federal, state, or local grants that can be used to |
---|
| 84 | + | 29 assist in the funding and operation of regional holding facilities |
---|
| 85 | + | 30 under IC 11-12-6.5. |
---|
| 86 | + | 31 (20) Coordinate with state and local criminal justice agencies for |
---|
| 87 | + | 32 the collection and transfer of data from sheriffs concerning jail: |
---|
| 88 | + | 33 (A) populations; and |
---|
| 89 | + | 34 (B) statistics; |
---|
| 90 | + | 35 for the purpose of providing jail data to the management |
---|
| 91 | + | 36 performance hub established by IC 4-3-26-8. |
---|
| 92 | + | 37 (21) Establish and administer the Indiana crime guns task force |
---|
| 93 | + | 38 fund under IC 36-8-25.5-8. |
---|
| 94 | + | 39 (22) Establish and administer: |
---|
| 95 | + | 40 (A) the juvenile diversion and community alternatives grant |
---|
| 96 | + | 41 program fund under IC 31-40-5; and |
---|
| 97 | + | 42 (B) the juvenile behavioral health competitive grant pilot |
---|
| 98 | + | ES 290—LS 6457/DI 106 3 |
---|
| 99 | + | 1 program fund under IC 31-40-6. |
---|
| 100 | + | 2 SECTION 2. IC 5-2-6-24, AS AMENDED BY P.L.142-2018, |
---|
| 101 | + | 3 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 102 | + | 4 JULY 1, 2024]: Sec. 24. (a) As used in this section, "criminal code |
---|
| 103 | + | 5 reform" refers to statutory provisions relating to criminal law enacted |
---|
| 104 | + | 6 by P.L.158-2013 and HEA 1006-2014. |
---|
| 105 | + | 7 (b) The institute shall monitor and evaluate criminal code reform |
---|
| 106 | + | 8 the status of Indiana's criminal justice system as described in this |
---|
| 107 | + | 9 section. |
---|
| 108 | + | 10 (c) The institute shall annually gather data and analyze the impact |
---|
| 109 | + | 11 of criminal code reform the status of the criminal justice system in |
---|
| 110 | + | 12 Indiana, including the impact of current trends on: |
---|
| 111 | + | 13 (1) local units of government; |
---|
| 112 | + | 14 (2) the department of correction; and |
---|
| 113 | + | 15 (3) the office of judicial administration. |
---|
| 114 | + | 16 (d) The institute shall prepare an annual report, in conjunction with |
---|
| 115 | + | 17 the justice reinvestment advisory council (established by |
---|
| 116 | + | 18 IC 33-38-9.5-2), containing the results of its analysis before December |
---|
| 117 | + | 19 January 1 of each year. The report shall be provided to the governor, |
---|
| 118 | + | 20 the chief justice, and the legislative council. The report provided to the |
---|
| 119 | + | 21 legislative council must be in an electronic format under IC 5-14-6. |
---|
| 120 | + | 22 (e) The report required under this section must: |
---|
| 121 | + | 23 (1) include an analysis of: |
---|
| 122 | + | 24 (A) the effect of criminal code reform on: |
---|
| 123 | + | 25 (i) (A) county jails; jail populations; |
---|
| 124 | + | 26 (ii) (B) community corrections programs; agencies; |
---|
| 125 | + | 27 (iii) (C) probation departments; and |
---|
| 126 | + | 28 (iv) (D) courts; |
---|
| 127 | + | 29 (B) (E) recidivism rates; |
---|
| 128 | + | 30 (C) (F) reentry court programs; and |
---|
| 129 | + | 31 (D) (G) data relevant to the availability and effectiveness of |
---|
| 130 | + | 32 mental health and addiction programs for persons who are at |
---|
| 131 | + | 33 risk of entering the criminal justice system, who are in the |
---|
| 132 | + | 34 criminal justice system; and who have left the criminal justice |
---|
| 133 | + | 35 system; |
---|
| 134 | + | 36 (2) track the number of requests for sentence modification that are |
---|
| 135 | + | 37 set for hearing by the court, including the relief granted by the |
---|
| 136 | + | 38 court, if any; The report must include whether the grant or denial |
---|
| 137 | + | 39 of a request for sentence modification was discretionary or |
---|
| 138 | + | 40 mandatory, and whether the prosecuting attorney opposed the |
---|
| 139 | + | 41 request for sentence modification, agreed to the request for |
---|
| 140 | + | 42 sentence modification, or took no position on the request for |
---|
| 141 | + | ES 290—LS 6457/DI 106 4 |
---|
| 142 | + | 1 sentence modification; |
---|
| 143 | + | 2 (3) track, by age and offense, the number of juveniles under the |
---|
| 144 | + | 3 jurisdiction of an adult court due to: |
---|
| 145 | + | 4 (A) lack of jurisdiction under IC 31-30-1-4; or |
---|
| 146 | + | 5 (B) waiver of jurisdiction under IC 31-30-3-2 through |
---|
| 147 | + | 6 IC 31-30-3-6; |
---|
| 148 | + | 7 (4) track the number of juveniles under the jurisdiction of adult |
---|
| 149 | + | 8 court due to a juvenile court not having jurisdiction of the cases |
---|
| 150 | + | 9 in accordance with IC 31-30-1-4, by: |
---|
| 151 | + | 10 (A) age; |
---|
| 152 | + | 11 (B) sex; |
---|
| 153 | + | 12 (C) race; |
---|
| 154 | + | 13 (D) county of prosecution; |
---|
| 155 | + | 14 (E) offenses charged; |
---|
| 156 | + | 15 (F) convictions received; and |
---|
| 157 | + | 16 (G) sentences received; and |
---|
| 158 | + | 17 (5) track the number of waivers of juvenile court jurisdiction |
---|
| 159 | + | 18 granted under IC 31-30-3-2 through IC 31-30-3-6 by: |
---|
| 160 | + | 19 (A) age; |
---|
| 161 | + | 20 (B) sex; |
---|
| 162 | + | 21 (C) race; |
---|
| 163 | + | 22 (D) charges filed in juvenile court in which a waiver was |
---|
| 164 | + | 23 sought; |
---|
| 165 | + | 24 (E) charges filed in adult court following the waiver of |
---|
| 166 | + | 25 juvenile court jurisdiction; |
---|
| 167 | + | 26 (F) county of prosecution; |
---|
| 168 | + | 27 (G) convictions received; and |
---|
| 169 | + | 28 (H) sentences received. |
---|
| 170 | + | 29 (f) All local units of government and local elected officials, |
---|
| 171 | + | 30 including sheriffs, prosecuting attorneys, judges, and county fiscal |
---|
| 172 | + | 31 bodies, shall cooperate with the institute by providing data as requested |
---|
| 173 | + | 32 by the institute. |
---|
| 174 | + | 33 (g) State agencies, including the department of correction, the |
---|
| 175 | + | 34 Indiana prosecuting attorneys council, the Indiana public defender |
---|
| 176 | + | 35 council, and the office of judicial administration, and the division of |
---|
| 177 | + | 36 mental health and addiction, shall assist the institute by providing |
---|
| 178 | + | 37 requested data in a timely manner. |
---|
| 179 | + | 38 (h) Based on their analysis, the institute and the justice reinvestment |
---|
| 180 | + | 39 advisory council shall include recommendations to improve the |
---|
| 181 | + | 40 criminal justice system in Indiana, with particular emphasis being |
---|
| 182 | + | 41 placed on recommendations that relate to sentencing policies and |
---|
| 183 | + | 42 reform. |
---|
| 184 | + | ES 290—LS 6457/DI 106 5 |
---|
| 185 | + | 1 (i) The institute and the justice reinvestment advisory council shall |
---|
| 186 | + | 2 include research data relevant to their analysis and recommendations |
---|
| 187 | + | 3 in the report. |
---|
| 188 | + | 4 (j) The institute shall: |
---|
| 189 | + | 5 (1) make the data collected under subsection (e)(4) and (e)(5) |
---|
| 190 | + | 6 available to the public in an annual report, by fiscal year, due by |
---|
| 191 | + | 7 October 30 of each year; |
---|
| 192 | + | 8 (2) post the annual report required by subdivision (1) on the |
---|
| 193 | + | 9 institute's Internet web site; website; and |
---|
| 194 | + | 10 (3) provide a copy of the annual report required by subdivision (1) |
---|
| 195 | + | 11 to the commission on improving the status of children in Indiana |
---|
| 196 | + | 12 established by IC 2-5-36-3. |
---|
| 197 | + | 13 SECTION 3. IC 11-12-2-1, AS AMENDED BY THE TECHNICAL |
---|
| 198 | + | 14 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS |
---|
| 199 | + | 15 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]: |
---|
| 200 | + | 16 Sec. 1. (a) For the purpose of encouraging counties to develop a |
---|
| 201 | + | 17 coordinated local corrections-criminal justice system and providing |
---|
| 202 | + | 18 effective alternatives to imprisonment at the state level, the |
---|
| 203 | + | 19 commissioner shall, out of funds appropriated for such purposes, make |
---|
| 204 | + | 20 grants: |
---|
| 205 | + | 21 (1) to counties for the establishment and operation of community |
---|
| 206 | + | 22 corrections programs and court supervised recidivism reduction |
---|
| 207 | + | 23 programs; and |
---|
| 208 | + | 24 (2) to support a probation department, pretrial diversion program, |
---|
| 209 | + | 25 or jail treatment program. |
---|
| 210 | + | 26 Appropriations intended for this purpose may not be used by the |
---|
| 211 | + | 27 department for any other purpose. Money appropriated to the |
---|
| 212 | + | 28 department of correction for the purpose of making grants under this |
---|
| 213 | + | 29 chapter and any financial aid payments suspended under section 6 of |
---|
| 214 | + | 30 this chapter do not revert to the state general fund at the close of any |
---|
| 215 | + | 31 fiscal year, but remain available to the department of correction for its |
---|
| 216 | + | 32 use in making grants under this chapter. |
---|
| 217 | + | 33 (b) Before March 1 of each year, the department shall estimate the |
---|
| 218 | + | 34 amount of any operational cost savings that will be realized in the state |
---|
| 219 | + | 35 fiscal year ending June 30 from a reduction in the number of |
---|
| 220 | + | 36 individuals who are in the custody or made a ward of the department |
---|
| 221 | + | 37 of correction (as described in IC 11-8-1-5) that is attributable to the |
---|
| 222 | + | 38 sentencing changes made in HEA 1006-2014 as enacted in the 2014 |
---|
| 223 | + | 39 session of the general assembly. The department shall make the |
---|
| 224 | + | 40 estimate under this subsection based on the best available information. |
---|
| 225 | + | 41 If the department estimates that operational cost savings described in |
---|
| 226 | + | 42 this subsection will be realized in the state fiscal year, the following |
---|
| 227 | + | ES 290—LS 6457/DI 106 6 |
---|
| 228 | + | 1 apply to the department: |
---|
| 229 | + | 2 (1) The department shall certify the estimated amount of |
---|
| 230 | + | 3 operational cost savings that will be realized to the budget agency |
---|
| 231 | + | 4 and to the auditor of state comptroller. |
---|
| 232 | + | 5 (2) The department may, after review by the budget committee |
---|
| 233 | + | 6 and approval by the budget agency, make additional grants as |
---|
| 234 | + | 7 provided in this chapter to: |
---|
| 235 | + | 8 (A) county jails to provide evidence based mental health and |
---|
| 236 | + | 9 addiction forensic treatment services; and |
---|
| 237 | + | 10 (B) counties for the establishment and operation of pretrial |
---|
| 238 | + | 11 release programs, diversion programs, community corrections |
---|
| 239 | + | 12 programs, and court supervised recidivism reduction |
---|
| 240 | + | 13 programs; |
---|
| 241 | + | 14 from funds appropriated to the department for the department's |
---|
| 242 | + | 15 operating expenses for the state fiscal year. |
---|
| 243 | + | 16 (3) The maximum aggregate amount of additional grants and |
---|
| 244 | + | 17 transfers that may be made by the department under subdivision |
---|
| 245 | + | 18 (2) for the state fiscal year may not exceed the lesser of: |
---|
| 246 | + | 19 (A) the amount of operational cost savings certified under |
---|
| 247 | + | 20 subdivision (1); or |
---|
| 248 | + | 21 (B) eleven million dollars ($11,000,000). |
---|
| 249 | + | 22 Notwithstanding P.L.205-2013 (HEA 1001-2013), the amount of funds |
---|
| 250 | + | 23 necessary to make any additional grants authorized and approved under |
---|
| 251 | + | 24 this subsection and for any transfers authorized and approved under |
---|
| 252 | + | 25 this subsection, and for providing the additional financial aid to courts |
---|
| 253 | + | 26 from transfers authorized and approved under this subsection, is |
---|
| 254 | + | 27 appropriated for those purposes for the state fiscal year, and the amount |
---|
| 255 | + | 28 of the department's appropriation for operating expenses for the state |
---|
| 256 | + | 29 fiscal year is reduced by a corresponding amount. |
---|
| 257 | + | 30 (c) The commissioner shall coordinate with the division of mental |
---|
| 258 | + | 31 health and addiction in issuing community corrections and court |
---|
| 259 | + | 32 supervised recidivism reduction program grants to programs that |
---|
| 260 | + | 33 provide alternative sentencing projects for persons with mental illness, |
---|
| 261 | + | 34 addictive disorders, intellectual disabilities, and developmental |
---|
| 262 | + | 35 disabilities. Programs for addictive disorders may include: |
---|
| 263 | + | 36 (1) addiction counseling; |
---|
| 264 | + | 37 (2) inpatient detoxification; and |
---|
| 265 | + | 38 (3) medication assisted treatment, including a federal Food and |
---|
| 266 | + | 39 Drug Administration approved long acting, nonaddictive |
---|
| 267 | + | 40 medication for the treatment of opioid or alcohol dependence. |
---|
| 268 | + | 41 (d) Grants awarded under this chapter: |
---|
| 269 | + | 42 (1) must focus on funding evidence based programs, including |
---|
| 270 | + | ES 290—LS 6457/DI 106 7 |
---|
| 271 | + | 1 programs that address cognitive behavior, that have as a primary |
---|
| 272 | + | 2 goal the purpose of reforming offenders; and |
---|
| 273 | + | 3 (2) may be used for technology based programs, including an |
---|
| 274 | + | 4 electronic monitoring program. |
---|
| 275 | + | 5 (e) Before the tenth day of each month, the department shall |
---|
| 276 | + | 6 compile the following information with respect to the previous month: |
---|
| 277 | + | 7 (1) The number of persons committed to the department. |
---|
| 278 | + | 8 (2) The number of persons: |
---|
| 279 | + | 9 (A) confined in a department facility; |
---|
| 280 | + | 10 (B) participating in a community corrections program; and |
---|
| 281 | + | 11 (C) confined in a local jail under contract with or on behalf of |
---|
| 282 | + | 12 the department. |
---|
| 283 | + | 13 (3) For each facility operated by the department: |
---|
| 284 | + | 14 (A) the number of beds in each facility; and |
---|
| 285 | + | 15 (B) the number of inmates housed in the facility. |
---|
| 286 | + | 16 (C) the highest felony classification of each inmate housed in |
---|
| 287 | + | 17 the facility; and |
---|
| 288 | + | 18 (D) a list of all felonies for which persons housed in the |
---|
| 289 | + | 19 facility have been sentenced. |
---|
| 290 | + | 20 (4) The number of persons committed to the department for |
---|
| 291 | + | 21 a Level 6 felony. |
---|
| 292 | + | 22 (f) The department shall: |
---|
| 293 | + | 23 (1) quarterly submit a report to the budget committee; and |
---|
| 294 | + | 24 (2) monthly submit a report to the justice reinvestment advisory |
---|
| 295 | + | 25 council (as established in IC 33-38-9.5-2); |
---|
| 296 | + | 26 of the information compiled by the department under subsection (e). |
---|
| 297 | + | 27 The report to the budget committee must be submitted in a form |
---|
| 298 | + | 28 approved by the budget committee, and the report to the advisory |
---|
| 299 | + | 29 council must be in a form approved by the advisory council. |
---|
| 300 | + | 30 SECTION 4. IC 33-38-9.5-2, AS AMENDED BY P.L.114-2022, |
---|
| 301 | + | 31 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 302 | + | 32 JULY 1, 2024]: Sec. 2. (a) The justice reinvestment advisory council |
---|
| 303 | + | 33 is established. The advisory council consists of the following members: |
---|
| 304 | + | 34 (1) The executive director of the Indiana public defender council |
---|
| 305 | + | 35 or the executive director's designee. |
---|
| 306 | + | 36 (2) The executive director of the Indiana prosecuting attorneys |
---|
| 307 | + | 37 council or the executive director's designee. |
---|
| 308 | + | 38 (3) The director of the division of mental health and addiction or |
---|
| 309 | + | 39 the director's designee. |
---|
| 310 | + | 40 (4) The president of the Indiana Sheriffs' Association or the |
---|
| 311 | + | 41 president's designee. |
---|
| 312 | + | 42 (5) The commissioner of the Indiana department of correction or |
---|
| 313 | + | ES 290—LS 6457/DI 106 8 |
---|
| 314 | + | 1 the commissioner's designee. |
---|
| 315 | + | 2 (6) The chief administrative officer of the office of judicial |
---|
| 316 | + | 3 administration or the chief administrative officer's designee. |
---|
| 317 | + | 4 (7) The executive director of the Indiana criminal justice institute |
---|
| 318 | + | 5 or the executive director's designee. |
---|
| 319 | + | 6 (8) The president of the Indiana Association of Community |
---|
| 320 | + | 7 Corrections Act Counties or the president's designee. |
---|
| 321 | + | 8 (9) The president of the Probation Officers Professional |
---|
| 322 | + | 9 Association of Indiana or the president's designee. |
---|
| 323 | + | 10 (10) The budget director or the budget director's designee. |
---|
| 324 | + | 11 (11) The executive director of the Association of Indiana Counties |
---|
| 325 | + | 12 or the executive director's designee. |
---|
| 326 | + | 13 (12) The president of the Indiana Judges Association or the |
---|
| 327 | + | 14 president's designee. |
---|
| 328 | + | 15 (13) The chair of the Indiana public defender commission or the |
---|
| 329 | + | 16 chair's designee. |
---|
| 330 | + | 17 (14) The chair of the senate corrections and criminal law |
---|
| 331 | + | 18 committee or the chair's designee. |
---|
| 332 | + | 19 (15) The ranking minority member of the senate corrections and |
---|
| 333 | + | 20 criminal law committee or the ranking minority member's |
---|
| 334 | + | 21 designee. |
---|
| 335 | + | 22 (16) The chair of the house courts and criminal code committee |
---|
| 336 | + | 23 or the chair's designee. |
---|
| 337 | + | 24 (17) The ranking minority member of the house courts and |
---|
| 338 | + | 25 criminal code committee or the ranking minority member's |
---|
| 339 | + | 26 designee. |
---|
| 340 | + | 27 (18) The governor or the governor's designee. |
---|
| 341 | + | 28 (19) The president and chief executive officer of the Indiana |
---|
| 342 | + | 29 Council of Community Mental Health Centers or the president |
---|
| 343 | + | 30 and chief executive officer's designee. |
---|
| 344 | + | 31 (20) The president and chief executive officer of Mental Health |
---|
| 345 | + | 32 America of Indiana or the president and chief executive officer's |
---|
| 346 | + | 33 designee. |
---|
| 347 | + | 34 (b) The chief justice or the chief justice's designee shall serve as |
---|
| 348 | + | 35 chairperson of the advisory council. |
---|
| 349 | + | 36 (c) The duties of the advisory council include: |
---|
| 350 | + | 37 (1) reviewing and evaluating state and local criminal justice |
---|
| 351 | + | 38 systems and corrections programs, including pretrial services, |
---|
| 352 | + | 39 behavioral health treatment and recovery services, community |
---|
| 353 | + | 40 corrections, county jails, parole, and probation services; |
---|
| 354 | + | 41 (2) reviewing the processes used by the department of correction |
---|
| 355 | + | 42 and the division of mental health and addiction in awarding |
---|
| 356 | + | ES 290—LS 6457/DI 106 9 |
---|
| 357 | + | 1 grants; |
---|
| 358 | + | 2 (3) reviewing and evaluating jail overcrowding to identify a range |
---|
| 359 | + | 3 of possible solutions; |
---|
| 360 | + | 4 (4) coordinating with other criminal justice funding sources; |
---|
| 361 | + | 5 (5) establishing committees to inform the work of the advisory |
---|
| 362 | + | 6 council; and |
---|
| 363 | + | 7 (6) performing other relevant duties as determined by the advisory |
---|
| 364 | + | 8 council. |
---|
| 365 | + | 9 (d) The advisory council may make recommendations to: |
---|
| 366 | + | 10 (1) the department of correction, community corrections advisory |
---|
| 367 | + | 11 boards, and the division of mental health and addiction |
---|
| 368 | + | 12 concerning the award of grants; |
---|
| 369 | + | 13 (2) criminal justice systems and corrections programs concerning |
---|
| 370 | + | 14 best practices to improve outcomes of persons under supervision; |
---|
| 371 | + | 15 (3) the Indiana general assembly concerning legislation and |
---|
| 372 | + | 16 funding for criminal justice initiatives; |
---|
| 373 | + | 17 (4) the Indiana criminal justice institute concerning criminal |
---|
| 374 | + | 18 justice funding priorities; |
---|
| 375 | + | 19 (5) the office of judicial administration concerning veterans |
---|
| 376 | + | 20 problem-solving court grants; and |
---|
| 377 | + | 21 (6) the county sheriffs concerning strategies to address jail |
---|
| 378 | + | 22 overcrowding and implementing evidence based practices for |
---|
| 379 | + | 23 reducing recidivism for individuals in county jails. |
---|
| 380 | + | 24 (e) The office of judicial administration shall staff the advisory |
---|
| 381 | + | 25 council. |
---|
| 382 | + | 26 (f) The expenses of the advisory council shall be paid by the office |
---|
| 383 | + | 27 of judicial administration from funds appropriated to the office of |
---|
| 384 | + | 28 judicial administration for the administrative costs of the justice |
---|
| 385 | + | 29 reinvestment advisory council. |
---|
| 386 | + | 30 (g) A member of the advisory council is not entitled to the minimum |
---|
| 387 | + | 31 salary per diem provided by IC 4-10-11-2.1(b). The member is, |
---|
| 388 | + | 32 however, entitled to reimbursement for traveling expenses as provided |
---|
| 389 | + | 33 under IC 4-13-1-4 and other expenses actually incurred in connection |
---|
| 390 | + | 34 with the member's duties as provided in the state policies and |
---|
| 391 | + | 35 procedures established by the Indiana department of administration and |
---|
| 392 | + | 36 approved by the budget agency. |
---|
| 393 | + | 37 (h) The affirmative votes of a majority of the voting members |
---|
| 394 | + | 38 appointed to the advisory council are required for the advisory council |
---|
| 395 | + | 39 to take action on any measure. |
---|
| 396 | + | 40 (i) The advisory council shall meet as necessary to: |
---|
| 397 | + | 41 (1) work with the department of correction and the division of |
---|
| 398 | + | 42 mental health and addiction to establish the grant criteria and |
---|
| 399 | + | ES 290—LS 6457/DI 106 10 |
---|
| 400 | + | 1 grant reporting requirements described in subsection (m); |
---|
| 401 | + | 2 (2) review grant applications; |
---|
| 402 | + | 3 (3) make recommendations and provide feedback to the |
---|
| 403 | + | 4 department of correction and the division of mental health and |
---|
| 404 | + | 5 addiction concerning grants to be awarded; |
---|
| 405 | + | 6 (4) review grants awarded by the department of correction and the |
---|
| 406 | + | 7 division of mental health and addiction; and |
---|
| 407 | + | 8 (5) suggest areas and programs in which the award of future |
---|
| 408 | + | 9 grants might be beneficial. |
---|
| 409 | + | 10 (j) The advisory council, in conjunction with the Indiana criminal |
---|
| 410 | + | 11 justice institute, shall jointly issue an annual report under IC 5-2-6-24. |
---|
| 411 | + | 12 (k) The advisory council shall review the composition of the |
---|
| 412 | + | 13 community corrections advisory board described in IC 11-12-2-2 and |
---|
| 413 | + | 14 make a recommendation to the legislative council in an electronic |
---|
| 414 | + | 15 format under IC 5-14-6 before November 1, 2022, regarding how to |
---|
| 415 | + | 16 reduce the membership of a community corrections advisory board and |
---|
| 416 | + | 17 the recommended membership for a community corrections advisory |
---|
| 417 | + | 18 board. |
---|
| 418 | + | 19 (l) Any entity that receives funds: |
---|
| 419 | + | 20 (1) recommended by the advisory council; and |
---|
| 420 | + | 21 (2) appropriated by the department of correction; |
---|
| 421 | + | 22 for the purpose of providing additional treatment or supervision |
---|
| 422 | + | 23 services shall provide the information described in subsection (m) to |
---|
| 423 | + | 24 the department of correction to aid in the compilation of the report |
---|
| 424 | + | 25 described in subsection (j). |
---|
| 425 | + | 26 (m) The department of correction shall provide the advisory council |
---|
| 426 | + | 27 with the following information: |
---|
| 427 | + | 28 (1) The total number of participants, categorized by offense level, |
---|
| 428 | + | 29 of most serious offense, who were served by the entity through |
---|
| 429 | + | 30 funds described in subsection (l). |
---|
| 430 | + | 31 (2) The percentage of participants, categorized by level of most |
---|
| 431 | + | 32 serious offense, who completed a treatment program, service, or |
---|
| 432 | + | 33 level of supervision. |
---|
| 433 | + | 34 (3) The percentage of participants, categorized by level of most |
---|
| 434 | + | 35 serious offense, who were discharged from a treatment program, |
---|
| 435 | + | 36 service, or level of supervision. |
---|
| 436 | + | 37 (4) (2) The percentage total number of participants, categorized |
---|
| 437 | + | 38 by offense level, of most serious offense, who (A) completed a |
---|
| 438 | + | 39 funded treatment program, service, or level of supervision. and |
---|
| 439 | + | 40 (B) were subsequently committed to the department of |
---|
| 440 | + | 41 correction; |
---|
| 441 | + | 42 within twenty-four (24) months after completing the funded |
---|
| 442 | + | ES 290—LS 6457/DI 106 11 |
---|
| 443 | + | 1 treatment program, service, or level of supervision. |
---|
| 444 | + | 2 (5) (3) The percentage total number of participants, categorized |
---|
| 445 | + | 3 by offense level, of most serious offense, who were (A) |
---|
| 446 | + | 4 discharged from a funded treatment program, service, or level of |
---|
| 447 | + | 5 supervision. and |
---|
| 448 | + | 6 (B) subsequently committed to the department of correction; |
---|
| 449 | + | 7 within twenty-four (24) months after being discharged from the |
---|
| 450 | + | 8 funded treatment program, service, or level of supervision. |
---|
| 451 | + | 9 (6) The total number of participants who completed a funded |
---|
| 452 | + | 10 treatment program, service, or level of supervision. |
---|
| 453 | + | 11 (7) The total number of participants who: |
---|
| 454 | + | 12 (A) completed a funded treatment program, service, or level of |
---|
| 455 | + | 13 supervision; and |
---|
| 456 | + | 14 (B) were legally employed. |
---|
| 457 | + | 15 (8) Any other information relevant to the funding of the entity as |
---|
| 458 | + | 16 described in subsection (l). |
---|
| 459 | + | 17 SECTION 5. IC 35-33-8-12, AS ADDED BY P.L.138-2020, |
---|
| 460 | + | 18 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 461 | + | 19 JULY 1, 2024]: Sec. 12. (a) As used in this section, "disposition" has |
---|
| 462 | + | 20 the meaning set forth in section 3.2(c) of this chapter. |
---|
| 463 | + | 21 (b) The Indiana criminal justice institute shall collect the following |
---|
| 464 | + | 22 data from each court exercising criminal jurisdiction in Indiana: |
---|
| 465 | + | 23 (1) Of those defendants who are released on personal |
---|
| 466 | + | 24 recognizance, the number of defendants who are rearrested |
---|
| 467 | + | 25 charged with another offense before the disposition of the |
---|
| 468 | + | 26 defendant's prior charges. |
---|
| 469 | + | 27 (2) Of those defendants who are released pursuant to the payment |
---|
| 470 | + | 28 of money bail, of one thousand dollars ($1,000) or less, the |
---|
| 471 | + | 29 number of defendants who are rearrested charged with another |
---|
| 472 | + | 30 offense before the disposition of the defendant's prior charges. |
---|
| 473 | + | 31 (c) Data collected under subsection (b) shall be compiled in such a |
---|
| 474 | + | 32 manner to present the rearrest rate at which defendants are charged |
---|
| 475 | + | 33 with another offense for: |
---|
| 476 | + | 34 (1) the entire state; and |
---|
| 477 | + | 35 (2) each county. and |
---|
| 478 | + | 36 (3) each circuit, superior, city, and town court, including each |
---|
| 479 | + | 37 separate division of each court, if applicable. |
---|
| 480 | + | 38 (d) The Indiana criminal justice institute shall, before August 1, |
---|
| 481 | + | 39 2021, and before August 1 of each year thereafter, submit an annual |
---|
| 482 | + | 40 report containing the information collected under this section to the |
---|
| 483 | + | 41 legislative council in an electronic format under IC 5-14-6. The initial |
---|
| 484 | + | 42 report submitted by the Indiana criminal justice institute before August |
---|
| 485 | + | ES 290—LS 6457/DI 106 12 |
---|
| 486 | + | 1 1, 2021, must also include all data described in subsection (b) for the |
---|
| 487 | + | 2 period beginning after December 31, 2019, through December 31, |
---|
| 488 | + | 3 2020. |
---|
| 489 | + | ES 290—LS 6457/DI 106 13 |
---|
| 490 | + | COMMITTEE REPORT |
---|
| 491 | + | Madam President: The Senate Committee on Corrections and |
---|
| 492 | + | Criminal Law, to which was referred Senate Bill No. 290, has had the |
---|
| 493 | + | same under consideration and begs leave to report the same back to the |
---|
| 494 | + | Senate with the recommendation that said bill be AMENDED as |
---|
| 495 | + | follows: |
---|
| 496 | + | Page 3, line 18, strike "December" and insert "January". |
---|
| 497 | + | Page 5, delete lines 13 through 42, begin a new paragraph and |
---|
| 498 | + | insert: |
---|
| 499 | + | "SECTION 3. IC 11-12-2-1, AS AMENDED BY THE |
---|
| 500 | + | TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL |
---|
| 501 | + | ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 502 | + | JULY 1, 2024]: Sec. 1. (a) For the purpose of encouraging counties to |
---|
| 503 | + | develop a coordinated local corrections-criminal justice system and |
---|
| 504 | + | providing effective alternatives to imprisonment at the state level, the |
---|
275 | | - | council must be in a form approved by the advisory council. |
---|
276 | | - | SECTION 4. IC 33-38-9.5-2, AS AMENDED BY P.L.114-2022, |
---|
277 | | - | SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
278 | | - | JULY 1, 2024]: Sec. 2. (a) The justice reinvestment advisory council |
---|
279 | | - | is established. The advisory council consists of the following members: |
---|
280 | | - | (1) The executive director of the Indiana public defender council |
---|
281 | | - | or the executive director's designee. |
---|
282 | | - | (2) The executive director of the Indiana prosecuting attorneys |
---|
283 | | - | council or the executive director's designee. |
---|
284 | | - | (3) The director of the division of mental health and addiction or |
---|
285 | | - | the director's designee. |
---|
286 | | - | (4) The president of the Indiana Sheriffs' Association or the |
---|
287 | | - | president's designee. |
---|
288 | | - | (5) The commissioner of the Indiana department of correction or |
---|
289 | | - | the commissioner's designee. |
---|
290 | | - | (6) The chief administrative officer of the office of judicial |
---|
291 | | - | administration or the chief administrative officer's designee. |
---|
292 | | - | (7) The executive director of the Indiana criminal justice institute |
---|
293 | | - | or the executive director's designee. |
---|
294 | | - | SEA 290 8 |
---|
295 | | - | (8) The president of the Indiana Association of Community |
---|
296 | | - | Corrections Act Counties or the president's designee. |
---|
297 | | - | (9) The president of the Probation Officers Professional |
---|
298 | | - | Association of Indiana or the president's designee. |
---|
299 | | - | (10) The budget director or the budget director's designee. |
---|
300 | | - | (11) The executive director of the Association of Indiana Counties |
---|
301 | | - | or the executive director's designee. |
---|
302 | | - | (12) The president of the Indiana Judges Association or the |
---|
303 | | - | president's designee. |
---|
304 | | - | (13) The chair of the Indiana public defender commission or the |
---|
305 | | - | chair's designee. |
---|
306 | | - | (14) The chair of the senate corrections and criminal law |
---|
307 | | - | committee or the chair's designee. |
---|
308 | | - | (15) The ranking minority member of the senate corrections and |
---|
309 | | - | criminal law committee or the ranking minority member's |
---|
310 | | - | designee. |
---|
311 | | - | (16) The chair of the house courts and criminal code committee |
---|
312 | | - | or the chair's designee. |
---|
313 | | - | (17) The ranking minority member of the house courts and |
---|
314 | | - | criminal code committee or the ranking minority member's |
---|
315 | | - | designee. |
---|
316 | | - | (18) The governor or the governor's designee. |
---|
317 | | - | (19) The president and chief executive officer of the Indiana |
---|
318 | | - | Council of Community Mental Health Centers or the president |
---|
319 | | - | and chief executive officer's designee. |
---|
320 | | - | (20) The president and chief executive officer of Mental Health |
---|
321 | | - | America of Indiana or the president and chief executive officer's |
---|
322 | | - | designee. |
---|
323 | | - | (b) The chief justice or the chief justice's designee shall serve as |
---|
324 | | - | chairperson of the advisory council. |
---|
325 | | - | (c) The duties of the advisory council include: |
---|
326 | | - | (1) reviewing and evaluating state and local criminal justice |
---|
327 | | - | systems and corrections programs, including pretrial services, |
---|
328 | | - | behavioral health treatment and recovery services, community |
---|
329 | | - | corrections, county jails, parole, and probation services; |
---|
330 | | - | (2) reviewing the processes used by the department of correction |
---|
331 | | - | and the division of mental health and addiction in awarding |
---|
332 | | - | grants; |
---|
333 | | - | (3) reviewing and evaluating jail overcrowding to identify a range |
---|
334 | | - | of possible solutions; |
---|
335 | | - | (4) coordinating with other criminal justice funding sources; |
---|
336 | | - | (5) establishing committees to inform the work of the advisory |
---|
337 | | - | SEA 290 9 |
---|
338 | | - | council; and |
---|
339 | | - | (6) performing other relevant duties as determined by the advisory |
---|
340 | | - | council. |
---|
341 | | - | (d) The advisory council may make recommendations to: |
---|
342 | | - | (1) the department of correction, community corrections advisory |
---|
343 | | - | boards, and the division of mental health and addiction |
---|
344 | | - | concerning the award of grants; |
---|
345 | | - | (2) criminal justice systems and corrections programs concerning |
---|
346 | | - | best practices to improve outcomes of persons under supervision; |
---|
347 | | - | (3) the Indiana general assembly concerning legislation and |
---|
348 | | - | funding for criminal justice initiatives; |
---|
349 | | - | (4) the Indiana criminal justice institute concerning criminal |
---|
350 | | - | justice funding priorities; |
---|
351 | | - | (5) the office of judicial administration concerning veterans |
---|
352 | | - | problem-solving court grants; and |
---|
353 | | - | (6) the county sheriffs concerning strategies to address jail |
---|
354 | | - | overcrowding and implementing evidence based practices for |
---|
355 | | - | reducing recidivism for individuals in county jails. |
---|
356 | | - | (e) The office of judicial administration shall staff the advisory |
---|
357 | | - | council. |
---|
358 | | - | (f) The expenses of the advisory council shall be paid by the office |
---|
359 | | - | of judicial administration from funds appropriated to the office of |
---|
360 | | - | judicial administration for the administrative costs of the justice |
---|
361 | | - | reinvestment advisory council. |
---|
362 | | - | (g) A member of the advisory council is not entitled to the minimum |
---|
363 | | - | salary per diem provided by IC 4-10-11-2.1(b). The member is, |
---|
364 | | - | however, entitled to reimbursement for traveling expenses as provided |
---|
365 | | - | under IC 4-13-1-4 and other expenses actually incurred in connection |
---|
366 | | - | with the member's duties as provided in the state policies and |
---|
367 | | - | procedures established by the Indiana department of administration and |
---|
368 | | - | approved by the budget agency. |
---|
369 | | - | (h) The affirmative votes of a majority of the voting members |
---|
370 | | - | appointed to the advisory council are required for the advisory council |
---|
371 | | - | to take action on any measure. |
---|
372 | | - | (i) The advisory council shall meet as necessary to: |
---|
373 | | - | (1) work with the department of correction and the division of |
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374 | | - | mental health and addiction to establish the grant criteria and |
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375 | | - | grant reporting requirements described in subsection (m); |
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376 | | - | (2) review grant applications; |
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377 | | - | (3) make recommendations and provide feedback to the |
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378 | | - | department of correction and the division of mental health and |
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379 | | - | addiction concerning grants to be awarded; |
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380 | | - | SEA 290 10 |
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381 | | - | (4) review grants awarded by the department of correction and the |
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382 | | - | division of mental health and addiction; and |
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383 | | - | (5) suggest areas and programs in which the award of future |
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384 | | - | grants might be beneficial. |
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385 | | - | (j) The advisory council, in conjunction with the Indiana criminal |
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386 | | - | justice institute, shall jointly issue an annual report under IC 5-2-6-24. |
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387 | | - | (k) The advisory council shall review the composition of the |
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388 | | - | community corrections advisory board described in IC 11-12-2-2 and |
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389 | | - | make a recommendation to the legislative council in an electronic |
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390 | | - | format under IC 5-14-6 before November 1, 2022, regarding how to |
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391 | | - | reduce the membership of a community corrections advisory board and |
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392 | | - | the recommended membership for a community corrections advisory |
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393 | | - | board. |
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394 | | - | (l) Any entity that receives funds: |
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395 | | - | (1) recommended by the advisory council; and |
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396 | | - | (2) appropriated by the department of correction; |
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397 | | - | for the purpose of providing additional treatment or supervision |
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398 | | - | services shall provide the information described in subsection (m) to |
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399 | | - | the department of correction to aid in the compilation of the report |
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400 | | - | described in subsection (j). |
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401 | | - | (m) The department of correction shall provide the advisory council |
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402 | | - | with the following information: |
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403 | | - | (1) The total number of participants, categorized by offense level, |
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404 | | - | of most serious offense, who were served by the entity through |
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405 | | - | funds described in subsection (l). |
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406 | | - | (2) The percentage of participants, categorized by level of most |
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407 | | - | serious offense, who completed a treatment program, service, or |
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408 | | - | level of supervision. |
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409 | | - | (3) The percentage of participants, categorized by level of most |
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410 | | - | serious offense, who were discharged from a treatment program, |
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411 | | - | service, or level of supervision. |
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412 | | - | (4) (2) The percentage total number of participants, categorized |
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413 | | - | by offense level, of most serious offense, who (A) completed a |
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414 | | - | funded treatment program, service, or level of supervision. and |
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415 | | - | (B) were subsequently committed to the department of |
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416 | | - | correction; |
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417 | | - | within twenty-four (24) months after completing the funded |
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418 | | - | treatment program, service, or level of supervision. |
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419 | | - | (5) (3) The percentage total number of participants, categorized |
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420 | | - | by offense level, of most serious offense, who were (A) |
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421 | | - | discharged from a funded treatment program, service, or level of |
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422 | | - | supervision. and |
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423 | | - | SEA 290 11 |
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424 | | - | (B) subsequently committed to the department of correction; |
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425 | | - | within twenty-four (24) months after being discharged from the |
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426 | | - | funded treatment program, service, or level of supervision. |
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427 | | - | (6) The total number of participants who completed a funded |
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428 | | - | treatment program, service, or level of supervision. |
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429 | | - | (7) The total number of participants who: |
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430 | | - | (A) completed a funded treatment program, service, or level of |
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431 | | - | supervision; and |
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432 | | - | (B) were legally employed. |
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433 | | - | (8) Any other information relevant to the funding of the entity as |
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434 | | - | described in subsection (l). |
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435 | | - | SECTION 5. IC 35-33-8-12, AS ADDED BY P.L.138-2020, |
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436 | | - | SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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437 | | - | JULY 1, 2024]: Sec. 12. (a) As used in this section, "disposition" has |
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438 | | - | the meaning set forth in section 3.2(c) of this chapter. |
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439 | | - | (b) The Indiana criminal justice institute shall collect the following |
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440 | | - | data from each court exercising criminal jurisdiction in Indiana: |
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441 | | - | (1) Of those defendants who are released on personal |
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442 | | - | recognizance, the number of defendants who are rearrested |
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443 | | - | charged with another offense before the disposition of the |
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444 | | - | defendant's prior charges. |
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445 | | - | (2) Of those defendants who are released pursuant to the payment |
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446 | | - | of money bail, of one thousand dollars ($1,000) or less, the |
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447 | | - | number of defendants who are rearrested charged with another |
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448 | | - | offense before the disposition of the defendant's prior charges. |
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449 | | - | (c) Data collected under subsection (b) shall be compiled in such a |
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450 | | - | manner to present the rearrest rate at which defendants are charged |
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451 | | - | with another offense for: |
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452 | | - | (1) the entire state; and |
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453 | | - | (2) each county. and |
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454 | | - | (3) each circuit, superior, city, and town court, including each |
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455 | | - | separate division of each court, if applicable. |
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456 | | - | (d) The Indiana criminal justice institute shall, before August 1, |
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457 | | - | 2021, and before August 1 of each year thereafter, submit an annual |
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458 | | - | report containing the information collected under this section to the |
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459 | | - | legislative council in an electronic format under IC 5-14-6. The initial |
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460 | | - | report submitted by the Indiana criminal justice institute before August |
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461 | | - | 1, 2021, must also include all data described in subsection (b) for the |
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462 | | - | period beginning after December 31, 2019, through December 31, |
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463 | | - | 2020. |
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464 | | - | SEA 290 President of the Senate |
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465 | | - | President Pro Tempore |
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466 | | - | Speaker of the House of Representatives |
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467 | | - | Governor of the State of Indiana |
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468 | | - | Date: Time: |
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469 | | - | SEA 290 |
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| 601 | + | council must be in a form approved by the advisory council.". |
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| 602 | + | Delete page 6. |
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| 603 | + | Page 7, delete lines 1 through 28. |
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| 604 | + | Renumber all SECTIONS consecutively. |
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| 605 | + | and when so amended that said bill do pass. |
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| 606 | + | (Reference is to SB 290 as introduced.) |
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| 607 | + | FREEMAN, Chairperson |
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| 608 | + | Committee Vote: Yeas 6, Nays 0. |
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| 609 | + | ES 290—LS 6457/DI 106 16 |
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| 610 | + | COMMITTEE REPORT |
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| 611 | + | Mr. Speaker: Your Committee on Courts and Criminal Code, to |
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| 612 | + | which was referred Senate Bill 290, has had the same under |
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| 613 | + | consideration and begs leave to report the same back to the House with |
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| 614 | + | the recommendation that said bill do pass. |
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| 615 | + | (Reference is to SB 290 as printed January 31, 2024.) |
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| 616 | + | MCNAMARA |
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| 617 | + | Committee Vote: Yeas 12, Nays 0 |
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| 618 | + | ES 290—LS 6457/DI 106 |
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