Indiana § 31-37-8-6 - Decision whether to file petition

§ 31-37-8-6. Decision whether to file petition

Sec. 6. The prosecuting attorney shall decide whether to file a petition.

[Pre-1997 Recodification Citation: 31-6-4-7(f).]

As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008, SEC.628.

IC 31-37-8.5Chapter 8.5. Juvenile Diversion

31-37-8.5-1Procedure for juvenile diversion 31-37-8.5-2Consent 31-37-8.5-3Duration of program 31-37-8.5-4Restorative justice services 31-37-8.5-5Program completion 31-37-8.5-6Collection of data; annual report

IC 31-37-8.5-1Procedure for juvenile diversion Sec. 1. (a) As used in this chapter, under the policies on juvenile diversion established by the statewide juvenile justice oversight body described in IC 2-5-36-9.3, "juvenile diversion" means:

(1) a decision made by the prosecutor that results in legal action not being taken against a child, and instead provides or refers a child to juvenile probation or a community based organization for supervision and services, as necessary; and

(2) an effort to prevent further involvement of the child in the formal legal system.

(b) As used in this chapter, "restorative justice services" means services focused on repairing the harm caused to victims and the community as a result of a child's behavior.

(c) As part of the preliminary inquiry described in IC 31-37-8, the intake officer shall use a validated risk screening tool to inform its recommendation to the prosecutor.

(d) Results from the risk screening tool and the intake officer's recommendation described in subsection (c) shall be made available to the prosecutor to inform a recommendation for participation in juvenile diversion.

(e) After the preliminary inquiry, which includes use of a risk screening tool, and prior to a petition being filed, the intake officer may recommend to the prosecuting attorney that the child participate in juvenile diversion if the intake officer has probable cause to believe that the child is a delinquent child.

(f) Information obtained:

(1) from the risk screening tool described in subsection (c); and

(2) in the course of any screening, including any admission, confession, or incriminating evidence;

from a child in the course of any screening or assessment in conjunction with the proceedings under this chapter is not admissible into evidence in any factfinding hearing in which the child is accused. The child is not subject to subpoena, any other court proceeding, or any other purpose described in this section.

(g) If the prosecuting attorney approves a child's participation in juvenile diversion described in subsection (a), juvenile probation, as part of a child's juvenile diversion program, may:

(1) refer a child to community based programs or service providers, if necessary;

(2) provide case management and service coordination;

(3) provide assistance with barriers to completion; and

(4) monitor progress;

so the child can complete the terms of juvenile diversion offered to the child.

As added by P.L.101-2022, SEC.18.

IC 31-37-8.5-2Consent Sec. 2. The child and the child's parent, guardian, custodian, or attorney must consent to the child's participation in juvenile diversion.

As added by P.L.101-2022, SEC.18.

IC 31-37-8.5-3Duration of program Sec. 3. Juvenile diversion may not exceed six (6) months.

As added by P.L.101-2022, SEC.18.

IC 31-37-8.5-4Restorative justice services Sec. 4. Juvenile diversion may include restorative justice services.

As added by P.L.101-2022, SEC.18.

IC 31-37-8.5-5Program completion Sec. 5. (a) If the child successfully completes the terms of diversion, a petition shall not be filed with the court and no further action shall be taken.

(b) If the child fails to complete the terms of diversion or commits a new offense, juvenile probation shall inform the prosecuting attorney at least fourteen (14) days prior to the end of the child's juvenile diversion.

(c) If the child fails to complete the terms of the juvenile diversion described in this chapter, the prosecuting attorney may petition the juvenile court for authorization to file a delinquency petition.

(d) Unless a delinquency petition is filed as described in subsection (c), the prosecuting attorney shall close the child's file in regard to the diverted matter not later than six (6) months after the date the diversion is initiated.

As added by P.L.101-2022, SEC.18.

IC 31-37-8.5-6Collection of data; annual report Sec. 6. (a) A local probation department shall collect individual data on any child diverted through juvenile diversion described in this chapter, including:

(1) demographic data on age, race, ethnicity, and gender;

(2) risk screening information;

(3) offense;

(4) service participation; and

(5) outcome and completion data;

and report the information to the office of judicial administration on an annual basis.

(b) The office of judicial administration shall provide an annual report that includes the information described in subsection (a). The report shall be provided to the governor, the chief justice, and the legislative council before December 1 of each year. The report provided to the legislative council must be in an electronic format under IC 5-14-6.

As added by P.L.101-2022, SEC.18.

IC 31-37-9Chapter 9. Program of Informal Adjustment

31-37-9-1Informal adjustment; implementation of program 31-37-9-2Consent; payment for services 31-37-9-3Petition for compliance 31-37-9-4Notice, hearing, and order for compliance; contempt 31-37-9-5Repealed 31-37-9-6Repealed 31-37-9-7Duration of program 31-37-9-8Repealed 31-37-9-9Repealed 31-37-9-10Repealed