Indiana § 5-2-6-27 - Marion County violent crime reduction pilot project fund

§ 5-2-6-27. Marion County violent crime reduction pilot project fund

Sec. 27. (a) The Marion County violent crime reduction pilot project fund is established to carry out the purposes of the Marion County violent crime reduction pilot project described in section 26 of this chapter. Money in the fund may be used only to carry out the purposes of the fund.

(b) The fund shall be administered by the Indiana criminal justice institute.

(c) The fund consists of:

(1) appropriations from the general assembly;

(2) other appropriations;

(3) grants; and

(4) donations.

(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.

(e) This section expires December 31, 2027.

As added by P.L.103-2022, SEC.2.

IC 5-2-6.1Chapter 6.1. Compensation for Victims of Violent Crimes

5-2-6.1-0.2Application of certain amendments to predecessor statute 5-2-6.1-0.5"Bodily injury" 5-2-6.1-1Claimant 5-2-6.1-2Division 5-2-6.1-2.5Emergency shelter care 5-2-6.1-3Fund 5-2-6.1-4Institute 5-2-6.1-5Intoxicated 5-2-6.1-5.5Motor vehicle 5-2-6.1-5.7Out-of-pocket expense 5-2-6.1-5.8Loss of income 5-2-6.1-6Repealed 5-2-6.1-6.7Terrorist act 5-2-6.1-7Victim 5-2-6.1-7.5Victim of a child sex crime 5-2-6.1-8Violent crime 5-2-6.1-9Violent crime compensation unit 5-2-6.1-10Duties of division 5-2-6.1-11Powers of division 5-2-6.1-11.5Confidentiality 5-2-6.1-12Persons eligible for assistance 5-2-6.1-13Participants in criminal acts and prisoners not eligible for benefits; exceptions; award of compensation to dependents of violent criminals 5-2-6.1-13.5Repealed 5-2-6.1-14Repealed 5-2-6.1-15Payment of funeral, burial, or cremation expenses of victim 5-2-6.1-16Applications for assistance 5-2-6.1-17Requirements for compensation 5-2-6.1-18Denial of awards for failure of claimants to cooperate with law enforcement officials 5-2-6.1-19Forfeit of awards for failure of claimants to cooperate with law enforcement officials 5-2-6.1-20Suspension of reporting and cooperation requirements 5-2-6.1-20.5Denial for failure to cooperate 5-2-6.1-21Repealed 5-2-6.1-21.1Compensable losses; health care provider compensation 5-2-6.1-22Subrogation of rights; notice of civil actions 5-2-6.1-23Liens on civil awards; deductions; limits 5-2-6.1-24Claims analysts 5-2-6.1-25Review of applications; additional information 5-2-6.1-26Investigations 5-2-6.1-27Repealed 5-2-6.1-27.5Denial letter 5-2-6.1-28Repealed 5-2-6.1-28.5Agency appeal 5-2-6.1-29Repealed 5-2-6.1-29.5Judicial review 5-2-6.1-30Repealed 5-2-6.1-31Repealed 5-2-6.1-32Reduction of awards; other conditions 5-2-6.1-33Refund of award overpayments 5-2-6.1-34Denial of awards due to victim's contributory conduct 5-2-6.1-35Amount of awards; joint payments 5-2-6.1-36Repealed 5-2-6.1-37Repealed 5-2-6.1-37.5Contingency fee at hearing may not exceed 10% 5-2-6.1-38Exemption of awards from process 5-2-6.1-39Payment of forensic medical exams and additional forensic services 5-2-6.1-40Compensation fund; establishment 5-2-6.1-41Compensation fund; composition 5-2-6.1-42Compensation fund; reversion of money and income 5-2-6.1-43Computation and payment of awards 5-2-6.1-44Suspension of payments; prorated payments 5-2-6.1-45Liability for determinations 5-2-6.1-46Rules 5-2-6.1-47Forfeit of awards for forgery, fraud, or deception 5-2-6.1-48Expenses of administration 5-2-6.1-49Secured storage fund

IC 5-2-6.1-0.2Application of certain amendments to predecessor statute Sec. 0.2. The amendments made to IC 16-7-3.6-5 (before its repeal, now codified in this chapter) and IC 16-7-3.6-8 (before its repeal, now codified in this chapter) by P.L.351-1989 do not apply to the reimbursement of a claim that arises from a violent crime that occurs before July 1, 1989.

As added by P.L.220-2011, SEC.60. Amended by P.L.63-2012, SEC.5.

IC 5-2-6.1-0.5"Bodily injury" Sec. 0.5. As used in section 7 of this chapter, "bodily injury" means:

(1) an impairment of a physical condition;

(2) a visible injury;

(3) physical pain; or

(4) emotional trauma that stems directly from the impairment of a physical condition, a visible injury, or physical pain.

As added by P.L.121-2006, SEC.1.

IC 5-2-6.1-1Claimant Sec. 1. As used in this chapter, "claimant" means any of the following individuals filing an application for assistance under this chapter:

(1) A victim.

(2) A surviving spouse of a victim.

(3) A legal dependent of a victim.

(4) A family member of a victim.

(5) A personal representative of a victim.

As added by P.L.47-1993, SEC.2. Amended by P.L.98-2022, SEC.1.

IC 5-2-6.1-2Division Sec. 2. As used in this chapter, "division" refers to the victim services division of the Indiana criminal justice institute.

As added by P.L.47-1993, SEC.2.

IC 5-2-6.1-2.5Emergency shelter care Sec. 2.5. As used in this chapter, "emergency shelter care" means temporary or transitional housing having the primary purpose of providing shelter for a claimant to avoid contact with the person who committed the violent crime that is the basis for the claim.

As added by P.L.121-2006, SEC.2. Amended by P.L.20-2024, SEC.1.

IC 5-2-6.1-3Fund Sec. 3. As used in this chapter, "fund" refers to the violent crime victims compensation fund established by section 40 of this chapter.

As added by P.L.47-1993, SEC.2.

IC 5-2-6.1-4Institute Sec. 4. As used in this chapter, "institute" means the Indiana criminal justice institute established by IC 5-2-6.

As added by P.L.47-1993, SEC.2.

IC 5-2-6.1-5Intoxicated Sec. 5. As used in this chapter, "intoxicated" has the meaning set forth in IC 9-13-2-86.

As added by P.L.47-1993, SEC.2.

IC 5-2-6.1-5.5Motor vehicle Sec. 5.5. As used in this chapter, "motor vehicle" has the meaning set forth in IC 9-13-2-105.

As added by P.L.121-2006, SEC.3. Amended by P.L.20-2024, SEC.2.

IC 5-2-6.1-5.7Out-of-pocket expense Sec. 5.7. As used in this chapter, "out-of-pocket expense" means:

(1) funeral expenses;

(2) burial expenses;

(3) cremation expenses; and

(4) medical expenses that are payable under IC 27-8-10-3 for each of the types of services and items provided to a victim as a result of the bodily injury or death upon which an application is based.

As added by P.L.129-2009, SEC.1. Amended by P.L.20-2024, SEC.3.

IC 5-2-6.1-5.8Loss of income Sec. 5.8. As used in this chapter, "loss of income" means wages the victim would have earned had the victim not died or been injured, if the victim was employed at the time of the crime.

As added by P.L.20-2024, SEC.4.

IC 5-2-6.1-6RepealedAs added by P.L.47-1993, SEC.2. Repealed by P.L.20-2024, SEC.5.

IC 5-2-6.1-6.7Terrorist act Sec. 6.7. As used in this chapter, "terrorist act" means an act that:

(1) involves a violent act that is dangerous to human life;

(2) violates a criminal law of the United States or of any state or that would be a criminal violation if committed within the jurisdiction of the United States or of any state;

(3) appears to be intended to:

(A) intimidate or coerce a civilian population;

(B) influence the policy of a government by intimidation or coercion; or

(C) affect the conduct of a government by assassination or kidnapping; and

(4) occurs primarily outside the territorial jurisdiction of the United States or transcends national boundaries because of the:

(A) means by which the act is accomplished;

(B) persons intended to be intimidated or coerced; or

(C) place in which the person that commits the act operates or seeks asylum.

As added by P.L.36-1997, SEC.2.

IC 5-2-6.1-7Victim Sec. 7. As used in this chapter, "victim" means an individual who suffers bodily injury or death as a result of a violent crime.

As added by P.L.47-1993, SEC.2.

IC 5-2-6.1-7.5Victim of a child sex crime Sec. 7.5. As used in this chapter, "victim of a child sex crime" means an individual who was the victim of:

(1) child molesting (IC 35-42-4-3);

(2) vicarious sexual gratification (IC 35-42-4-5);

(3) child solicitation (IC 35-42-4-6);

(4) child seduction (IC 35-42-4-7);

(5) incest (IC 35-46-1-3); or

(6) sexual misconduct with a minor (IC 35-42-4-9);

and was less than eighteen (18) years of age at the time the crime occurred.

As added by P.L.48-2012, SEC.3. Amended by P.L.20-2024, SEC.6.

IC 5-2-6.1-8Violent crime Sec. 8. As used in this chapter, "violent crime" means the following:

(1) A crime under the Indiana Code that is a felony of any kind or a Class A misdemeanor that results in bodily injury or death to the victim but does not include any of the following:

(A) A crime under IC 9-30-5 resulting from the operation of a vehicle other than a motor vehicle.

(B) Involuntary manslaughter resulting from the operation of a motor vehicle by a person who was not intoxicated (IC 35-42-1-4).

(C) Reckless homicide resulting from the operation of a motor vehicle by a person who was not intoxicated (IC 35-42-1-5).

(D) Criminal recklessness involving the use of a motor vehicle, unless the offense was intentional or the person using the motor vehicle was intoxicated (IC 35-42-2-2).

(E) A crime involving the operation of a motor vehicle if the driver of the motor vehicle was not charged with an offense under IC 9-30-5.

(2) A crime in another jurisdiction in which the elements of the crime are substantially similar to the elements of a crime that, if the crime results in death or bodily injury to the victim, would be a felony or a Class A misdemeanor if committed in Indiana. However, the term does not include any of the following:

(A) A crime in another jurisdiction resulting from operating a vehicle, other than a motor vehicle, while intoxicated.

(B) A crime in another jurisdiction with elements substantially similar to involuntary manslaughter resulting from the operation of a motor vehicle if the crime was committed by a person who was not intoxicated.

(C) A crime in another jurisdiction with elements substantially similar to reckless homicide resulting from the operation of a motor vehicle if the crime was committed by a person who was not intoxicated.

(D) A crime in another jurisdiction with elements substantially similar to criminal recklessness involving the use of a motor vehicle unless the offense was intentional or the person using the motor vehicle was intoxicated.

(E) A crime involving the operation of a motor vehicle if the driver of the motor vehicle was not charged with an offense under IC 9-30-5.

(3) A terrorist act.

As added by P.L.47-1993, SEC.2. Amended by P.L.36-1997, SEC.3; P.L.129-2009, SEC.2; P.L.48-2012, SEC.4; P.L.238-2015, SEC.1; P.L.65-2016, SEC.1; P.L.20-2024, SEC.7.

IC 5-2-6.1-9Violent crime compensation unit Sec. 9. The violent crime compensation unit is established as a unit of the victim services division of the institute.

As added by P.L.47-1993, SEC.2.

IC 5-2-6.1-10Duties of division Sec. 10. The division shall do the following:

(1) Maintain an office and staff in Indianapolis.

(2) Prescribe forms for processing applications for assistance.

(3) Determine claims for assistance filed under this chapter and investigate or reopen cases as necessary.

(4) Prepare and post on the division's website a report of the division's activities on a monthly, quarterly, and annual basis.

As added by P.L.47-1993, SEC.2. Amended by P.L.28-2004, SEC.55; P.L.130-2018, SEC.12; P.L.1-2025, SEC.37.

IC 5-2-6.1-11Powers of division Sec. 11. The division may do the following:

(1) Require from the attorney general, the state police department, local law enforcement personnel, a county department of public welfare, or a prosecuting attorney copies of investigations and data to assist the division in determining the validity of a claimant's application for assistance under this chapter.

(2) Hold hearings, administer oaths, examine any person under oath, issue subpoenas requiring the attendance and giving of testimony of witnesses, and require the production of books, papers, and documentary or other evidence. The subpoena powers provided in this subdivision may be exercised only by the director of the division or the director's designated representative.

(3) Take or cause to be taken affidavits or depositions.

As added by P.L.47-1993, SEC.2. Amended by P.L.20-2024, SEC.8.

IC 5-2-6.1-11.5Confidentiality Sec. 11.5. The following are confidential:

(1) A claimant's:

(A) personal information (as defined in IC 9-14-6-6); and

(B) medical records.

(2) Records obtained during an investigation under section 26 of this chapter that are not publicly available.

As added by P.L.121-2006, SEC.4. Amended by P.L.198-2016, SEC.9; P.L.20-2024, SEC.9.

IC 5-2-6.1-12Persons eligible for assistance Sec. 12. (a) Except as provided in sections 13 and 15 of this chapter, the following persons are eligible for assistance under this chapter:

(1) A resident of Indiana who is a victim of a violent crime committed:

(A) in Indiana; or

(B) in a jurisdiction other than Indiana, including a foreign country, if the jurisdiction in which the violent crime occurs does not offer assistance to a victim of a violent crime that is substantially similar to the assistance offered under this chapter.

(2) A nonresident of Indiana who is a victim of a violent crime committed in Indiana.

(3) If a victim died as a result of a violent crime, the victim's:

(A) surviving spouse;

(B) dependent child; or

(C) family member who incurred expenses related to the victimization of the victim.

(4) Any other person legally dependent for principal support upon a victim of a violent crime who died as a result of that crime.

(5) A person who is injured or killed while trying to prevent a violent crime or an attempted violent crime from occurring in the person's presence or while trying to apprehend a person who had committed a violent crime.

(6) A surviving spouse or dependent child of a person who dies as a result of:

(A) trying to prevent a violent crime or an attempted violent crime from occurring in the presence of the deceased person; or

(B) trying to apprehend a person who had committed a violent crime.

(7) A person legally dependent for principal support upon a person who dies as a result of:

(A) trying to prevent a violent crime or an attempted violent crime from occurring in the presence of the deceased person; or

(B) trying to apprehend a person who had committed a violent crime.

(8) A person who is injured or killed while giving aid and assistance to:

(A) a law enforcement officer in the performance of the officer's lawful duties; or

(B) a member of a fire department who is being obstructed from performing lawful duties.

(b) A legal dependent who witnesses a violent crime in which the legal dependent's parent or guardian suffers bodily injury or death may be eligible for limited assistance under this chapter, as determined by the division.

As added by P.L.47-1993, SEC.2. Amended by P.L.36-1997, SEC.4; P.L.161-2013, SEC.1; P.L.113-2014, SEC.6; P.L.98-2022, SEC.2.

IC 5-2-6.1-13Participants in criminal acts and prisoners not eligible for benefits; exceptions; award of compensation to dependents of violent criminals Sec. 13. (a) Subject to subsection (b) and except as provided in subsection (c), benefits may not be awarded:

(1) if the victim sustained the injury as a result of participating or assisting in, or attempting to commit or committing a criminal act;

(2) if the injury occurred while the victim was a resident in a county, city, or federal jail or prison or in an institution operated by the department of correction;

(3) if the victim profited or would have profited from the criminal act;

(4) if, at the time the injury occurred, the victim was intoxicated and contributed to the commission of an unrelated felony; or

(5) to a claimant who contributed to the injury or death of the victim.

(b) If the victim is a dependent child or dependent parent of the person who commits a violent crime, compensation may be awarded where justice requires.

(c) Benefits may be awarded to a person described in subsection (a)(4) who is the victim of a sex crime under IC 35-42-4, a crime involving domestic or family violence (as defined in IC 35-31.5-2-76), a crime of domestic violence (as defined in IC 35-31.5-2-78), or incest (as defined in IC 35-46-1-3).

As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.5; P.L.114-2012, SEC.11; P.L.98-2022, SEC.3; P.L.20-2024, SEC.10.

IC 5-2-6.1-13.5RepealedAs added by P.L.121-2006, SEC.6. Repealed by P.L.98-2022, SEC.4.

IC 5-2-6.1-14RepealedAs added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.7. Repealed by P.L.98-2022, SEC.5.

IC 5-2-6.1-15Payment of funeral, burial, or cremation expenses of victim Sec. 15. (a) If a victim of a violent crime dies as a result of the crime, the division may pay the reasonable expenses incurred for funeral, burial, or cremation.

(b) The division shall adopt guidelines to determine when the payment of expenses under subsection (a) is appropriate. In adopting guidelines under this subsection, the division shall consider the availability of other sources of compensation, including township assistance and federal programs.

As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.8; P.L.129-2009, SEC.3.

IC 5-2-6.1-16Applications for assistance Sec. 16. (a) A person eligible for assistance under section 12 of this chapter may file an application for assistance with the division.

(b) Except as provided in subsections (e) and (f), the application must be received by the division not more than one hundred eighty (180) days after the date the crime was committed. The division may grant an extension of time for good cause shown by the claimant. However, and except as provided in subsections (e) and (f), the division may not accept an application that is received more than two (2) years after the date the crime was committed.

(c) The application must be filed in the office of the division in person, through the division's website, or by first class or certified mail. If requested, the division shall assist a victim in preparing the application.

(d) The division shall accept all applications filed in compliance with this chapter. Upon receipt of a complete application, the division shall promptly begin the investigation and processing of an application.

(e) An alleged victim of a child sex crime may submit an application to the division until the victim becomes thirty-one (31) years of age or in accordance with subsection (f).

(f) An alleged victim of a child sex crime described in IC 35-41-4-2(e) which meets the requirements of IC 35-41-4-2(p) may submit an application to the division not later than five (5) years after the earliest of the date on which:

(1) the state first discovers evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis;

(2) the state first becomes aware of the existence of a recording (as defined in IC 35-31.5-2-273) that provides evidence sufficient to charge the offender with the offense; or

(3) a person confesses to the offense.

(g) An alleged victim of a battery offense included in IC 35-42-2 upon a child less than fourteen (14) years of age may submit an application to the division not later than five (5) years after the commission of the offense.

As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.9; P.L.48-2012, SEC.5; P.L.238-2015, SEC.2; P.L.65-2016, SEC.2; P.L.31-2020, SEC.1; P.L.20-2024, SEC.11; P.L.1-2025, SEC.38.

IC 5-2-6.1-17Requirements for compensation Sec. 17. (a) Except for an alleged victim of a child sex crime, the division may not award compensation under this chapter unless the violent crime was reported to a law enforcement officer not more than seventy-two (72) hours after the occurrence of the crime.

(b) The division may not award compensation under this chapter until:

(1) law enforcement and other records concerning the circumstances of the crime are available; and

(2) any criminal investigation directly related to the crime has been substantially completed.

(c) If the crime involved a motor vehicle, the division may not award compensation under this chapter until an information or indictment alleging the commission of a crime has been filed by a prosecuting attorney. The division may award compensation under this chapter before an information or indictment alleging the commission of a crime has been filed where justice requires.

(d) The division may accept proof that evidence was collected through a forensic exam described in IC 16-21-8 as compliance with subsection (a) and as cooperation with law enforcement, as required by sections 18 and 19 of this chapter.

As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.10; P.L.129-2009, SEC.4; P.L.48-2012, SEC.6; P.L.98-2022, SEC.6; P.L.20-2024, SEC.12.

IC 5-2-6.1-18Denial of awards for failure of claimants to cooperate with law enforcement officials Sec. 18. The division shall deny an award of compensation under this chapter if the claimant fails to fully cooperate with law enforcement personnel in the investigation, apprehension, and prosecution of the offender before the date the award is paid.

As added by P.L.47-1993, SEC.2.

IC 5-2-6.1-19Forfeit of awards for failure of claimants to cooperate with law enforcement officials Sec. 19. A claimant who fails to fully cooperate with law enforcement personnel in the investigation, apprehension, and prosecution of the offender after an award is paid forfeits the award.

As added by P.L.47-1993, SEC.2.

IC 5-2-6.1-20Suspension of reporting and cooperation requirements Sec. 20. If:

(1) the division finds a compelling reason for failure to report to or cooperate with law enforcement officials; and

(2) justice requires;

the division may suspend the requirements of section 17, 18, or 19 of this chapter.

As added by P.L.47-1993, SEC.2.

IC 5-2-6.1-20.5Denial for failure to cooperate Sec. 20.5. The division shall deny an award of compensation under this chapter if the claimant fails to fully cooperate with the division in the review, investigation, and processing of the claim.

As added by P.L.20-2024, SEC.13.

IC 5-2-6.1-21RepealedAs added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.11; P.L.129-2009, SEC.5. Repealed by P.L.20-2024, SEC.14.

IC 5-2-6.1-21.1Compensable losses; health care provider compensation Sec. 21.1. (a) This section applies to claims filed with the division after June 30, 2009.

(b) This section does not apply to reimbursement for forensic and evidence gathering services provided under section 39 of this chapter.

(c) An award may not be made unless the claimant has incurred an out-of-pocket expense that exceeds one hundred dollars ($100) or has incurred loss of income that exceeds one hundred dollars ($100).

(d) Subject to subsections (b) and (c), the division may order the payment of compensation under this chapter for any of the following reasonable, documented expenses incurred within one hundred eighty (180) days after the date of the violent crime:

(1) Necessary:

(A) medical, chiropractic, hospital, dental, optometric, and ambulance services;

(B) prescription drugs; and

(C) prosthetic devices;

that do not exceed the claimant's out-of-pocket expense.

(2) Loss of income:

(A) the victim would have earned had the victim not died or been injured, if the victim was employed at the time of the violent crime;

(B) the parent, guardian, or custodian of a victim who is less than eighteen (18) years of age incurred by taking time off from work to care for the victim; or

(C) the spouse of a victim incurred by taking time off from work to care for the victim.

A claimant seeking reimbursement under this subdivision must provide the division with proof of employment and current wages.

(3) Emergency shelter care expenses, not to exceed the expenses for thirty (30) days, that are incurred for the claimant or a dependent of the claimant to avoid contact with a person who committed the violent crime.

(4) Expense incurred for child care, not to exceed one thousand dollars ($1,000), to replace child care the victim would have supplied had the victim not died or been injured.

(5) Loss of financial support the victim would have supplied to legal dependents had the victim not died or been injured.

(6) Expenses incurred for funeral, burial, or cremation of the victim that do not exceed five thousand dollars ($5,000). The division shall disburse compensation under this subdivision in accordance with guidelines adopted by the division.

(7) Outpatient mental health counseling, not to exceed three thousand dollars ($3,000), concerning mental health issues related to the violent crime.

(8) Other actual expenses related to bodily injury to or the death of the victim that the division determines are reasonable.

(9) Replacement of windows or door locks.

(10) Cleanup of the scene of a violent crime.

(e) The division shall obtain written verification of all losses and expenses requested under this section before making an award.

(f) If a health care provider accepts payment from the division under this chapter, the health care provider may not require the victim to pay a copayment or an additional fee for the provision of services.

(g) A health care provider who seeks compensation from the division under this chapter may not simultaneously seek funding for services provided to a victim from any other source.

(h) The director may extend the one hundred eighty (180) day compensation period established by subsection (d) for a period not to exceed two (2) years after the date of the violent crime if:

(1) the victim or the victim's representative requests the extension; and

(2) medical records and other documentation provided by the attending medical providers indicate that an extension is appropriate.

(i) The director may extend the one hundred eighty (180) day compensation period established by subsection (d) for outpatient mental health counseling, established by subsection (d)(7) where justice requires, but for a period not to exceed two (2) years.

As added by P.L.129-2009, SEC.6. Amended by P.L.161-2013, SEC.2; P.L.113-2014, SEC.7; P.L.98-2022, SEC.7; P.L.9-2024, SEC.119; P.L.20-2024, SEC.15.

IC 5-2-6.1-22Subrogation of rights; notice of civil actions Sec. 22. (a) The state is subrogated to the rights of the claimant to whom an award is granted to the extent of the award.

(b) The subrogation rights are against the perpetrator of the crime or a person liable for the pecuniary loss.

(c) If the claimant initiates a civil action against the perpetrator of the crime or against the person liable for the pecuniary loss, the claimant shall promptly notify the division of the filing of the civil action.

As added by P.L.47-1993, SEC.2. Amended by P.L.161-2013, SEC.3; P.L.113-2014, SEC.8.

IC 5-2-6.1-23Liens on civil awards; deductions; limits Sec. 23. (a) In addition to the subrogation rights under section 22 of this chapter, the state is entitled to a lien in the amount of the award on a recovery made by or on behalf of the claimant.

(b) The state may:

(1) recover the amount under subsection (a) in a separate action; or

(2) intervene in an action brought by or on behalf of the claimant.

(c) If the claimant brings the action, the claimant may deduct from the money owed to the state under the lien the state's pro rata share of the reasonable expenses for the court suit, including attorney's fees of not more than fifteen percent (15%).

As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.12; P.L.161-2013, SEC.4; P.L.113-2014, SEC.9.

IC 5-2-6.1-24Claims analysts Sec. 24. The division shall employ sufficient claims analysts to review each application for an award to carry out this chapter.

As added by P.L.47-1993, SEC.2. Amended by P.L.100-2012, SEC.15; P.L.20-2024, SEC.16.

IC 5-2-6.1-25Review of applications; additional information Sec. 25. (a) The division shall review all applications to ensure that the applications are complete.

(b) If an application is not complete, the application shall be returned to the applicant with a brief statement of the additional information required.

(c) The applicant may, not more than thirty (30) days after receipt of the request for additional information, either supply the information or seek an extension from the division.

(d) If:

(1) the applicant does not furnish additional information; or

(2) additional time is not granted by the director for good cause;

the application shall be denied.

As added by P.L.47-1993, SEC.2. Amended by P.L.20-2024, SEC.17.

IC 5-2-6.1-26Investigations Sec. 26. (a) If an application is complete, the division shall accept the application for filing and investigate the facts stated in the application.

(b) As part of the investigation, the division shall verify that:

(1) a violent crime was committed;

(2) the victim was killed or suffered bodily injury as a result of the crime;

(3) out-of-pocket expense exceeded one hundred dollars ($100);

(4) loss of income exceeded one hundred dollars ($100); and

(5) all other requirements of this chapter are met.

As added by P.L.47-1993, SEC.2. Amended by P.L.161-2013, SEC.5; P.L.113-2014, SEC.10; P.L.20-2024, SEC.18.

IC 5-2-6.1-27RepealedAs added by P.L.47-1993, SEC.2. Repealed by P.L.20-2024, SEC.19.

IC 5-2-6.1-27.5Denial letter Sec. 27.5. (a) If, after investigation of the application, the division determines that the applicant does not qualify for compensation, a denial letter shall be issued to the applicant.

(b) A denial of an application under this chapter constitutes an agency action for purposes of IC 4-21.5.

As added by P.L.20-2024, SEC.20.

IC 5-2-6.1-28RepealedAs added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.13; P.L.1-2007, SEC.23. Repealed by P.L.20-2024, SEC.21.

IC 5-2-6.1-28.5Agency appeal Sec. 28.5. A claimant aggrieved by an action under this chapter may request an appeal under IC 4-21.5 by making a written request to the director within thirty (30) days of the date of the denial letter.

As added by P.L.20-2024, SEC.22.

IC 5-2-6.1-29RepealedAs added by P.L.47-1993, SEC.2. Repealed by P.L.20-2024, SEC.23.

IC 5-2-6.1-29.5Judicial review Sec. 29.5. (a) The state or a claimant may appeal an order issued by an administrative law judge under IC 4-21.5 within twenty-one (21) days of the date of the written determination by filing a written appeal with the director who shall place the appeal on the docket for review by the board of trustees of the institute.

(b) An appeal under this section shall be limited to those facts evidenced in the record or proceedings and may, at the discretion of the board of trustees of the institute, be supplemented with a written statement by either the division or the claimant.

(c) A decision by the board of trustees of the institute shall be conclusive and binding upon the state and claimant, subject to judicial review under IC 4-21.5.

As added by P.L.20-2024, SEC.24.

IC 5-2-6.1-30RepealedAs added by P.L.47-1993, SEC.2. Repealed by P.L.20-2024, SEC.25.

IC 5-2-6.1-31RepealedAs added by P.L.47-1993, SEC.2. Repealed by P.L.20-2024, SEC.26.

IC 5-2-6.1-32Reduction of awards; other conditions Sec. 32. (a) The division shall reduce an award made under this chapter by the amount of benefits received or to be received from the following sources if those benefits result from or are in any manner attributable to the bodily injury or death upon which the award is based:

(1) Benefits from public or private pension programs, including Social Security benefits.

(2) Benefits from proceeds of an insurance policy.

(3) Benefits under IC 22-3-2 through IC 22-3-6.

(4) Unemployment compensation benefits.

(5) Benefits from other public funds, including Medicaid and Medicare.

Compensation must be further reduced or denied to the extent that the claimant's loss is recouped from other collateral sources.

(b) The division shall further reduce an award under this chapter by the following:

(1) The amount of court ordered restitution actually received by the claimant from the offender.

(2) Benefits actually received by the claimant from a third party on behalf of the offender.

(c) The division shall determine whether the claimant vigorously pursued recovery against available collateral sources described in this section.

(d) If the division finds that a claimant has failed to pursue an applicable collateral source of recovery, the division shall reduce or deny an award under this section by the amount that is available to the claimant through the collateral source.

(e) A claimant must exhaust any paid or otherwise compensated vacation leave, sick leave, personal leave, or other compensatory time accrued through an employer before applying for benefits. The division may not reimburse the claimant for the use of paid or otherwise compensated vacation leave, sick leave, personal leave, or other compensatory time.

As added by P.L.47-1993, SEC.2. Amended by P.L.7-2003, SEC.1; P.L.121-2006, SEC.14; P.L.161-2013, SEC.6; P.L.113-2014, SEC.11.

IC 5-2-6.1-33Refund of award overpayments Sec. 33. If:

(1) an award is made under this chapter; and

(2) the claimant receives a sum required to be deducted under section 32 of this chapter;

the claimant shall refund to the state the amount of overpayment.

As added by P.L.47-1993, SEC.2.

IC 5-2-6.1-34Denial of awards due to victim's contributory conduct Sec. 34. (a) In determining the amount of the award, the division shall determine whether the victim contributed to the infliction of the victim's injury or death.

(b) If the division finds that the victim contributed to the infliction of the victim's injury or death, the division may deny an award.

(c) If the division further finds that the victim's contributory conduct was solely attributable to an effort to:

(1) prevent a crime from occurring; or

(2) apprehend a person who committed a crime;

in the victim's presence, the victim's contributory conduct does not render the victim ineligible for compensation.

As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.15; P.L.161-2013, SEC.7; P.L.113-2014, SEC.12.

IC 5-2-6.1-35Amount of awards; joint payments Sec. 35. (a) An award to a claimant under this chapter:

(1) may not exceed fifteen thousand dollars ($15,000); and

(2) may not cover the first one hundred dollars ($100) of the claim.

(b) The part of an award covering an unpaid bill shall be made payable to the service provider.

As added by P.L.47-1993, SEC.2. Amended by P.L.55-2000, SEC.1; P.L.121-2006, SEC.16.

IC 5-2-6.1-36RepealedAs added by P.L.47-1993, SEC.2. Repealed by P.L.20-2024, SEC.27.

IC 5-2-6.1-37RepealedAs added by P.L.47-1993, SEC.2. Repealed by P.L.121-2006, SEC.30.

IC 5-2-6.1-37.5Contingency fee at hearing may not exceed 10% Sec. 37.5. An attorney who represents a victim at a hearing conducted by the division related to a claim under this chapter may not:

(1) charge a claimant a contingency fee for the representation that exceeds ten percent (10%) of the value of the award; or

(2) receive a direct payment from the division.

As added by P.L.121-2006, SEC.17.

IC 5-2-6.1-38Exemption of awards from process Sec. 38. An award made by the division to a claimant is not subject to execution, attachment, garnishment, or other process, except the claim of a creditor to the extent that the costs were included in the award.

As added by P.L.47-1993, SEC.2.

IC 5-2-6.1-39Payment of forensic medical exams and additional forensic services Sec. 39. (a) When a hospital acting under IC 16-21-8 provides a forensic medical exam to an alleged sex crime victim, the hospital shall furnish the forensic medical exam described in IC 16-21-8-6 without charge. The division shall reimburse a hospital for its costs in providing these services and shall adopt rules and procedures to provide for reasonable reimbursement. A hospital may not charge the victim for services required under this chapter, despite delays in reimbursement from the division.

(b) When a hospital acting under IC 16-21-8 provides a forensic medical exam to an alleged sex crime victim, the hospital may also furnish additional forensic services to the alleged sex crime victim. However, the additional forensic services, if furnished, shall be furnished without charge. The division shall reimburse a hospital for its costs in providing these services and may adopt rules and procedures to provide for reasonable reimbursement. A hospital may not charge the victim for services required under this chapter even if there is a delay in receiving reimbursement from the division.

(c) Costs incurred by a hospital or other emergency medical facility for the examination of the victim of a sex crime (under IC 35-42-4) not covered under IC 16-21-8 or incest (under IC 35-46-1-3), if the examination is performed for the purposes of gathering evidence for possible prosecution, may not be charged to the victim of the crime.

(d) When a licensed medical service provider not covered by subsection (a) or (b) elects to provide a forensic medical exam to an alleged victim of one (1) or more of the sex crimes listed in IC 16-21-8-1(b), the medical service provider shall furnish the exam without charge. The division shall reimburse a medical service provider for costs in providing forensic medical exams. A medical service provider may not charge the victim for a forensic medical exam required under this chapter even if there is a delay in receiving reimbursement from the division.

(e) When a licensed medical service provider not covered by subsection (a) or (b) elects to provide additional forensic services to an alleged sex crime victim, the medical service provider shall furnish the services without charge. The division shall reimburse a medical service provider for costs in providing the additional forensic services. A medical service provider may not charge the victim for services required under this chapter even if there is a delay in receiving reimbursement from the division.

(f) The division is not required to reimburse a medical service provider for costs in providing additional forensic services unless the following conditions are met:

(1) The victim is at least eighteen (18) years of age.

(2) If the victim is less than eighteen (18) years of age, a report of the sex crime must be made to child protective services or a law enforcement officer.

(3) The sex crime occurred in Indiana.

If the division finds a compelling reason for failure to comply with the requirements of this section, the division may suspend the requirements of this section.

(g) Costs incurred by a licensed medical service provider for the examination of the victim of a sex crime (under IC 35-42-4) not covered under IC 16-21-8 or incest (under IC 35-46-1-3) may not be charged to the victim of the crime if the examination is performed for the purposes of gathering evidence for possible prosecution.

As added by P.L.47-1993, SEC.2. Amended by P.L.36-1997, SEC.5; P.L.121-2006, SEC.18; P.L.41-2007, SEC.1; P.L.129-2009, SEC.7; P.L.144-2024, SEC.11.

IC 5-2-6.1-40Compensation fund; establishment Sec. 40. The violent crime victims compensation fund is established as a dedicated fund to provide money for the awards provided under this chapter and for reimbursements under IC 16-21-8-6.

As added by P.L.47-1993, SEC.2.

IC 5-2-6.1-41Compensation fund; composition Sec. 41. The fund consists of amounts deposited under IC 5-2-6.3-6(b)(3), IC 11-10-7-5, IC 11-10-8-6, IC 33-37-7-9, IC 34-51-3-6, and IC 35-50-5-3 and appropriations from the general assembly.

As added by P.L.47-1993, SEC.2. Amended by P.L.98-2004, SEC.49; P.L.121-2006, SEC.19; P.L.105-2006, SEC.1.

IC 5-2-6.1-42Compensation fund; reversion of money and income Sec. 42. Money in the fund and income derived from money in the fund do not revert to the state general fund at the end of a state fiscal year.

As added by P.L.47-1993, SEC.2.

IC 5-2-6.1-43Computation and payment of awards Sec. 43. (a) If the division determines that an award from the fund becomes final during a month, the division shall compute the award before the fifteenth day of the following month.

(b) Except as provided in section 44 of this chapter, an award must be paid not more than thirty (30) days after the date on which the award is computed.

(c) Awards must be paid in the order in which the awards become final.

As added by P.L.47-1993, SEC.2.

IC 5-2-6.1-44Suspension of payments; prorated payments Sec. 44. (a) If the fund would be reduced below two hundred fifty thousand dollars ($250,000) by payment in full of all awards that become final in a month, the division shall suspend payment of the claims that become final during the month and the following two (2) months.

(b) At the end of the suspension period the division shall pay the suspended claims. If the fund would be exhausted by payment in full of the suspended claims, the amount paid to each claimant shall be prorated.

As added by P.L.47-1993, SEC.2.

IC 5-2-6.1-45Liability for determinations Sec. 45. The state is not liable for a written determination made by the division under this chapter except to the extent that money is available in the fund on the date the award is computed by the division under this chapter.

As added by P.L.47-1993, SEC.2.

IC 5-2-6.1-46Rules Sec. 46. The division shall adopt rules under IC 4-22-2 governing the computation and payment of awards under this chapter and the payment of reimbursements under IC 16-21-8-6.

As added by P.L.47-1993, SEC.2.

IC 5-2-6.1-47Forfeit of awards for forgery, fraud, or deception Sec. 47. A claimant convicted of forgery, fraud, or deception in connection with a claim under this chapter forfeits an award paid to the claimant under this chapter.

As added by P.L.47-1993, SEC.2.

IC 5-2-6.1-48Expenses of administration Sec. 48. The division may pay expenses incurred in administering this chapter only from money appropriated for that purpose from the violent crime victims compensation fund.

As added by P.L.47-1993, SEC.2.

IC 5-2-6.1-49Secured storage fund Sec. 49. (a) The secured storage fund is established as a dedicated fund to provide money to assist counties to pay expenses for the secured storage of samples from forensic medical examinations of alleged sex crime victims.

(b) The division shall administer the secured storage fund.

(c) The institute shall identify grants and other funds that can be used to fund the secured storage of samples from forensic medical examinations of alleged sex crime victims.

(d) The division may accept any gifts or donations to the secured storage fund.

(e) Money in the secured storage fund at the end of a state fiscal year does not revert to the state general fund.

As added by P.L.41-2007, SEC.2.

IC 5-2-6.2Chapter 6.2. Project IMPACT

5-2-6.2-1"Project IMPACT" 5-2-6.2-2"Project IMPACT USA, Inc." 5-2-6.2-3Development of affiliate organizations 5-2-6.2-4Project IMPACT mission 5-2-6.2-5Project IMPACT objectives 5-2-6.2-6Programs 5-2-6.2-7Services 5-2-6.2-8Contracts with Indiana criminal justice institute

IC 5-2-6.2-1"Project IMPACT" Sec. 1. As used in this chapter, "Project IMPACT" refers to each of the affiliate organizations authorized under section 3(1) through 3(5) of this chapter.

As added by P.L.16-2009, SEC.11.

IC 5-2-6.2-2"Project IMPACT USA, Inc." Sec. 2. As used in this chapter, "Project IMPACT USA, Inc." refers to the national, nonprofit organization known by that name that seeks to assist states in providing comprehensive family restoration programs in an effort to assist in reducing juvenile delinquency and violence among families through personal empowerment and community involvement.

As added by P.L.16-2009, SEC.11.

IC 5-2-6.2-3Development of affiliate organizations Sec. 3. Project IMPACT USA, Inc., is authorized to develop and implement the following five (5) affiliate organizations to be administered at the following sites:

(1) Project IMPACT Allen in Fort Wayne.

(2) Project IMPACT Lake in Gary.

(3) Project IMPACT Marion in Indianapolis.

(4) Project IMPACT St. Joseph in South Bend.

(5) Project IMPACT Vanderburgh in Evansville.

As added by P.L.16-2009, SEC.11.

IC 5-2-6.2-4Project IMPACT mission Sec. 4. Project IMPACT is a comprehensive family restoration program providing delinquency prevention services to problematic youth and their families.

As added by P.L.16-2009, SEC.11.

IC 5-2-6.2-5Project IMPACT objectives Sec. 5. The objectives of Project IMPACT are the following:

(1) To reduce the number of arrests.

(2) To reduce the number of school suspensions.

(3) To reduce the number of youth referred to juvenile courts for delinquency and unruly behavior.

(4) To increase a troubled youth's ability to cope with daily problems.

(5) To improve relationships between problematic youth and parents.

(6) To change conventional methods of youth incarceration by providing positive alternatives to:

(A) drug abuse;

(B) gangs;

(C) school failure; and

(D) other difficult situations for youth.

(7) To assist problematic youth and their families to:

(A) focus on personal responsibility;

(B) experience achievement;

(C) learn discipline;

(D) develop confidence; and

(E) promote family reconciliation.

As added by P.L.16-2009, SEC.11.

IC 5-2-6.2-6Programs Sec. 6. Project IMPACT may provide the following programs:

(1) A juvenile diversion program that consists of:

(A) individual and family counseling;

(B) personal development workshops;

(C) referral assistance; and

(D) case management.

(2) A school dropout prevention program that consists of:

(A) counseling and referrals;

(B) tutoring and mentoring;

(C) family forums; and

(D) career education.

(3) A job training and placement program that consists of:

(A) career planning;

(B) job readiness training;

(C) internships; and

(D) job placement services.

(4) A parent education program that consists of:

(A) teaching parenting skills;

(B) child and adolescent development;

(C) behavior modification;

(D) parental involvement;

(E) a fatherhood program; and

(F) a teen parent program.

(5) Family spirituality counseling to include mentoring and follow-up services sustained through the faith community.

As added by P.L.16-2009, SEC.11.

IC 5-2-6.2-7Services Sec. 7. Project IMPACT may provide services to problematic youth and their families, including persons referred to Project IMPACT from:

(1) juvenile courts;

(2) local schools; and

(3) community organizations.

As added by P.L.16-2009, SEC.11.

IC 5-2-6.2-8Contracts with Indiana criminal justice institute Sec. 8. In order to carry out this chapter, Project IMPACT may enter into a contract with the Indiana criminal justice institute established under IC 5-2-6.

As added by P.L.16-2009, SEC.11.

IC 5-2-6.3Chapter 6.3. Broadcast or Publication of Crime Stories of Accused or Convicted Felons

5-2-6.3-1Division 5-2-6.3-2Responsible party 5-2-6.3-3Payment of proceeds to division; notice to victims and escrow of money 5-2-6.3-4Distribution of escrowed money to indigent responsible parties 5-2-6.3-5Distribution of escrowed money to victims and victims' heirs receiving damage awards 5-2-6.3-6Distribution of escrowed money to incarceration expenses and violent crime victims compensation fund 5-2-6.3-7Distribution of escrowed money to responsible parties not convicted of felonies

IC 5-2-6.3-1Division Sec. 1. As used in this chapter, "division" refers to the victim services division of the Indiana criminal justice institute.

As added by P.L.47-1993, SEC.3.

IC 5-2-6.3-2Responsible party Sec. 2. As used in this chapter, "responsible party" means an individual who has been formally charged with or convicted of a felony.

As added by P.L.47-1993, SEC.3.

IC 5-2-6.3-3Payment of proceeds to division; notice to victims and escrow of money Sec. 3. (a) If:

(1) a responsible party derives income or other proceeds directly or indirectly from a felony of which the responsible party has been accused or convicted:

(A) the responsible party; or

(B) any other person that possesses or controls the income or proceeds;

shall transfer ninety percent (90%) of the income or proceeds to the division; and

(2) a person contracts with a responsible party after August 31, 1982, for:

(A) the publication of;

(B) the broadcasting of; or

(C) a speaking engagement in which the responsible party speaks about;

the responsible party's thoughts, feelings, opinions, or emotions regarding a felony of which the responsible party has been accused or convicted, the person shall submit a copy of the contract to the division and shall pay to the division ninety percent (90%) of the money that would otherwise, by terms of the contract, be owed to the responsible party.

(b) The division shall do the following:

(1) Notify:

(A) all victims of the felony for which the responsible party has been accused or convicted; or

(B) if a victim is deceased, the victim's heirs;

that the responsible party has entered into a contract described in subsection (a).

(2) Deposit the money under subsection (a) in a separate interest bearing escrow account.

(3) Only make distributions from the account in accordance with this chapter.

As added by P.L.47-1993, SEC.3. Amended by P.L.60-1995, SEC.1.

IC 5-2-6.3-4Distribution of escrowed money to indigent responsible parties Sec. 4. (a) The responsible party may petition the court before which the responsible party is to be tried or in which the responsible party has been convicted for an order requiring the division to distribute money from the escrow account to the responsible party in an amount up to the total in the escrow account at the time the petition is filed.

(b) The court shall make an order under subsection (a) only upon a showing that:

(1) without use of the money held in the escrow account, the responsible party would be indigent; and

(2) the money will be used for the exclusive purpose of retaining legal counsel or for investigation during any stage of the felony proceedings against the responsible party, including the appeals process.

(c) Upon receipt of a court order issued under this section, the division shall distribute the required amount from the money in the escrow account.

As added by P.L.47-1993, SEC.3.

IC 5-2-6.3-5Distribution of escrowed money to victims and victims' heirs receiving damage awards Sec. 5. (a) Subject to subsection (b), if the victim or the victim's heirs receive a damage award as a result of a civil action arising from the felonious act that has been charged, the person awarded the damages may petition the court for an order requiring the division to distribute money to the person from the escrow account.

(b) The court may make an order under subsection (a) only for an amount equal to the amount by which the damage award exceeds the value of the defendant's assets that are in the defendant's possession and that can be taken by the plaintiff to satisfy the damage award.

As added by P.L.47-1993, SEC.3.

IC 5-2-6.3-6Distribution of escrowed money to incarceration expenses and violent crime victims compensation fund Sec. 6. (a) Subject to subsection (c), if:

(1) the responsible party has been found to be:

(A) guilty;

(B) guilty but mentally ill; or

(C) not responsible by reason of insanity;

for the act of which the party has been accused; and

(2) the responsible party has exhausted all appeals or if the time for appeals has expired;

the division may distribute all money remaining in the escrow account under subsection (b) after the money has been distributed to a victim or the victim's heirs under section 5 of this chapter.

(b) The division shall distribute money remaining in the escrow account in the following priority:

(1) The money shall be distributed to the state or local governmental entity that has incurred or will incur the greatest expense to incarcerate the responsible party in an amount equal to:

(A) the amount of money the entity spent to incarcerate the responsible party; or

(B) the estimated amount of money the entity will spend to incarcerate the responsible party.

(2) If there is any money remaining after the distribution under subdivision (1), the money shall be distributed to any other state or local governmental entity that incurred expenses to incarcerate the responsible party in an amount equal to the amount of money the entity spent to incarcerate the responsible party.

(3) If there is any money remaining after the distribution under subdivision (2), the money shall be distributed to the violent crime victims compensation fund established by IC 5-2-6.1-40.

To receive money distributed under this subsection, a state or local governmental entity must petition the court before which the responsible party is to be tried or in which the responsible party has been convicted for an order requiring the division to distribute money to the entity from the escrow account.

(c) The division may not make the payment under this section unless at least two (2) years have elapsed from the time the responsible party committed the act for which the responsible party has been charged. The division may not make the payment while a civil action arising from the felony is pending.

As added by P.L.47-1993, SEC.3. Amended by P.L.60-1995, SEC.2.

IC 5-2-6.3-7Distribution of escrowed money to responsible parties not convicted of felonies Sec. 7. (a) Except as provided in subsection (b), if:

(1) a responsible party is found to be not guilty or has had the case against the responsible party dismissed; and

(2) if all periods for appeal by the state have expired;

the division shall distribute all money remaining in the escrow account to the responsible party.

(b) If a responsible party is found to lack the competency necessary to stand trial, the division shall distribute all money remaining in the escrow account to the responsible party if:

(1) the responsible party does not become competent to stand trial within five (5) years after the money is first placed in the escrow account; and

(2) a civil action arising from the felony of which the responsible party is accused is not pending.

As added by P.L.47-1993, SEC.3.

IC 5-2-6.5Chapter 6.5. ExpiredExpired 12-31-2011 by P.L.145-2011, SEC.1.

IC 5-2-6.6Chapter 6.6. RepealedRepealed by P.L.219-2023, SEC.2.

IC 5-2-6.7Chapter 6.7. Domestic Violence Prevention and Treatment Fund

5-2-6.7-1"Division" 5-2-6.7-2"Domestic violence prevention and treatment center" 5-2-6.7-3"Fund" 5-2-6.7-4Domestic violence prevention and treatment fund established 5-2-6.7-5Administration of fund 5-2-6.7-5.5Expenses; 5% designated to statewide nonprofit domestic violence coalition 5-2-6.7-6Sources of money for the fund 5-2-6.7-7Investment of money in fund 5-2-6.7-8No reversion to state general fund 5-2-6.7-9Applications for grants 5-2-6.7-10Grants and contracts 5-2-6.7-11Division's use of money from the fund 5-2-6.7-12Services required to be furnished to receive money from the fund 5-2-6.7-13Staff 5-2-6.7-14Receipt of money agreement

IC 5-2-6.7-1"Division" Sec. 1. As used in this chapter, "division" refers to the victim services division of the Indiana criminal justice institute.

As added by P.L.130-2009, SEC.4.

IC 5-2-6.7-2"Domestic violence prevention and treatment center" Sec. 2. As used in this chapter, "domestic violence prevention and treatment center" means an organized entity:

(1) established by:

(A) a city, town, county, or township; or

(B) an entity exempted from the gross retail tax under IC 6-2.5-5-25(a)(1)(B); and

(2) created to provide services to prevent and treat domestic or family violence.

As added by P.L.130-2009, SEC.4. Amended by P.L.118-2024, SEC.2.

IC 5-2-6.7-3"Fund" Sec. 3. As used in this chapter, "fund" refers to the domestic violence prevention and treatment fund established by this chapter.

As added by P.L.130-2009, SEC.4.

IC 5-2-6.7-4Domestic violence prevention and treatment fund established Sec. 4. The domestic violence prevention and treatment fund is established.

As added by P.L.130-2009, SEC.4.

IC 5-2-6.7-5Administration of fund Sec. 5. The division shall administer the fund.

As added by P.L.130-2009, SEC.4.

IC 5-2-6.7-5.5Expenses; 5% designated to statewide nonprofit domestic violence coalition Sec. 5.5. The expenses of administering the fund shall be paid from money in the fund. The division shall designate five percent (5%) of the appropriations made each year to the statewide nonprofit domestic violence coalition as designated by the United States Department of Health and Human Services under 42 U.S.C. 43 et seq. for administration.

As added by P.L.219-2023, SEC.3.

IC 5-2-6.7-6Sources of money for the fund Sec. 6. Sources of money for the fund consist of the following:

(1) Appropriations from the general assembly.

(2) Transfers from the family violence and victim assistance fund established by IC 5-2-6.8-3.

(3) Donations, gifts, and money received from any other source.

As added by P.L.130-2009, SEC.4.

IC 5-2-6.7-7Investment of money in fund Sec. 7. The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund.

As added by P.L.130-2009, SEC.4.

IC 5-2-6.7-8No reversion to state general fund Sec. 8. Money in the fund at the end of a state fiscal year does not revert to the state general fund.

As added by P.L.130-2009, SEC.4.

IC 5-2-6.7-9Applications for grants Sec. 9. A city, town, county, or township or an entity that is exempted from the gross retail tax under IC 6-2.5-5-25(a)(1)(B) that desires to receive a grant under this chapter must apply in the manner prescribed by the rules of the division.

As added by P.L.130-2009, SEC.4. Amended by P.L.219-2023, SEC.4; P.L.118-2024, SEC.3.

IC 5-2-6.7-10Grants and contracts Sec. 10. The division may make grants to and enter into contracts with entities eligible under section 9 of this chapter.

As added by P.L.130-2009, SEC.4. Amended by P.L.150-2014, SEC.1.

IC 5-2-6.7-11Division's use of money from the fund Sec. 11. The division may use money from the fund when awarding a grant or entering into a contract under this chapter if the money is used for the support of a program designed to do any of the following:

(1) Establish or maintain a domestic violence prevention and treatment center offering the services listed in section 12 of this chapter.

(2) Develop and establish a training program for professional, paraprofessional, and volunteer personnel who are engaged in areas related to the problems of domestic violence.

(3) Conduct research necessary to develop and implement programs for the prevention and treatment of domestic violence.

(4) Develop and implement other means for the prevention and treatment of domestic violence.

As added by P.L.130-2009, SEC.4.

IC 5-2-6.7-12Services required to be furnished to receive money from the fund Sec. 12. An entity eligible under section 9 of this chapter may not receive money under this chapter for purposes of establishing and maintaining a domestic violence prevention and treatment center unless the center furnishes, agrees to furnish, or arranges with a third party to furnish all of the following services:

(1) Emergency shelter, provided either at the center or by arrangement at temporary residential facilities available in the community, that is available to a person who fears domestic or family violence.

(2) A twenty-four (24) hour telephone system to provide crisis assistance to a person threatened by domestic or family violence.

(3) Emergency transportation services if necessary to aid victims of domestic or family violence.

(4) Information, referral, and victim advocacy services in the areas of health care assistance, social and mental health services, family counseling, job training and employment opportunities, legal assistance, and counseling for dependent children.

As added by P.L.130-2009, SEC.4.

IC 5-2-6.7-13Staff Sec. 13. The division may use money from the fund to hire the staff necessary to carry out this chapter.

As added by P.L.130-2009, SEC.4.

IC 5-2-6.7-14Receipt of money agreement Sec. 14. The division may enter into an agreement with a person for the receipt of money consistent with this chapter.

As added by P.L.130-2009, SEC.4.

IC 5-2-6.8Chapter 6.8. Family Violence and Victim Assistance Fund

5-2-6.8-1"Division" 5-2-6.8-2"Fund" 5-2-6.8-3Family violence and victim assistance fund established 5-2-6.8-4Fund purpose 5-2-6.8-5Administration of fund 5-2-6.8-6Sources of money for the fund 5-2-6.8-7Transfers from fund

IC 5-2-6.8-1"Division" Sec. 1. As used in this chapter, "division" refers to the victim services division of the Indiana criminal justice institute.

As added by P.L.130-2009, SEC.5.

IC 5-2-6.8-2"Fund" Sec. 2. As used in this chapter, "fund" refers to the family violence and victim assistance fund established by this chapter.

As added by P.L.130-2009, SEC.5.

IC 5-2-6.8-3Family violence and victim assistance fund established Sec. 3. The family violence and victim assistance fund is established.

As added by P.L.130-2009, SEC.5.

IC 5-2-6.8-4Fund purpose Sec. 4. The purpose of the fund is to provide funding for domestic violence prevention and treatment, child abuse prevention, and victim and witness assistance programs.

As added by P.L.130-2009, SEC.5.

IC 5-2-6.8-5Administration of fund Sec. 5. The division shall administer the fund.

As added by P.L.130-2009, SEC.5.

IC 5-2-6.8-6Sources of money for the fund Sec. 6. The sources of the fund include the following:

(1) Amounts deposited under IC 33-37-7-9.

(2) Amounts distributed from the state user fee fund under IC 33-37-9-4(a)(7).

As added by P.L.130-2009, SEC.5.

IC 5-2-6.8-7Transfers from fund Sec. 7. On June 30 and December 31 of each year, the treasurer of state shall transfer money from the fund as follows:

(1) Fifty-five percent (55%) of the balance on deposit in the fund or two hundred forty-five thousand dollars ($245,000), whichever is greater, shall be deposited in the domestic violence prevention and treatment fund established under IC 5-2-6.7.

(2) The balance in the fund after the transfer of money under subdivision (1) shall be deposited as follows:

(A) One-third (1/3) shall be deposited in the Indiana kids first trust fund established by IC 31-26-4-12.

(B) Two-thirds (2/3) shall be deposited in the victim and witness assistance fund established by IC 5-2-6-14.

As added by P.L.130-2009, SEC.5.

IC 5-2-6.9Chapter 6.9. RepealedRepealed by P.L.133-2012, SEC.32.

IC 5-2-7Chapter 7. Filing of Fingerprint Samples

5-2-7-1Fingerprint samples; when necessary; failure to file 5-2-7-2Contents 5-2-7-3Affidavit