Indiana § 33-38-9-11 - Repealed

§ 33-38-9-11. Repealed

As added by P.L.248-2015, SEC.8. Repealed by P.L.156-2020, SEC.125.

IC 33-38-9.5Chapter 9.5. Justice Reinvestment Advisory Council

33-38-9.5-1Definitions 33-38-9.5-2Establishment and duties of advisory council; information provided by department of correction 33-38-9.5-2.1Meetings 33-38-9.5-2.2Expired 33-38-9.5-2.5Reimbursement of member expenses 33-38-9.5-3Purpose of advisory council 33-38-9.5-4Establishment of local or regional advisory council 33-38-9.5-5Purpose of local or regional advisory council 33-38-9.5-6Duties of local or regional advisory council 33-38-9.5-7Expired 33-38-9.5-7.5Advisory council may establish electronic monitoring standards; report and workload study

IC 33-38-9.5-1Definitions Sec. 1. The following definitions apply throughout this chapter:

(1) "Advisory council" means the justice reinvestment advisory council established by section 2 of this chapter.

(2) "Board" means the board of directors of the judicial conference of Indiana established by IC 33-38-9-3.

(3) "Local or regional advisory council" means a local or regional justice reinvestment advisory council established by section 4 of this chapter.

(4) "Office of judicial administration" means the office of judicial administration established under IC 33-24-6-1.

As added by P.L.179-2015, SEC.13. Amended by P.L.161-2018, SEC.99; P.L.30-2021, SEC.1.

IC 33-38-9.5-2Establishment and duties of advisory council; information provided by department of correction Sec. 2. (a) The justice reinvestment advisory council is established. The advisory council consists of the following members:

(1) The executive director of the Indiana public defender council or the executive director's designee.

(2) The executive director of the Indiana prosecuting attorneys council or the executive director's designee.

(3) The director of the division of mental health and addiction or the director's designee.

(4) The president of the Indiana Sheriffs' Association or the president's designee.

(5) The commissioner of the Indiana department of correction or the commissioner's designee.

(6) The chief administrative officer of the office of judicial administration or the chief administrative officer's designee.

(7) The executive director of the Indiana criminal justice institute or the executive director's designee.

(8) The president of the Indiana Association of Community Corrections Act Counties or the president's designee.

(9) The president of the Probation Officers Professional Association of Indiana or the president's designee.

(10) The budget director or the budget director's designee.

(11) The executive director of the Association of Indiana Counties or the executive director's designee.

(12) The president of the Indiana Judges Association or the president's designee.

(13) The chair of the Indiana commission on court appointed attorneys or the chair's designee.

(14) The chair of the senate corrections and criminal law committee or the chair's designee.

(15) The ranking minority member of the senate corrections and criminal law committee or the ranking minority member's designee.

(16) The chair of the house courts and criminal code committee or the chair's designee.

(17) The ranking minority member of the house courts and criminal code committee or the ranking minority member's designee.

(18) The governor or the governor's designee.

(19) The president and chief executive officer of the Indiana Council of Community Mental Health Centers or the president and chief executive officer's designee.

(20) The president and chief executive officer of Mental Health America of Indiana or the president and chief executive officer's designee.

(b) The chief justice or the chief justice's designee shall serve as chairperson of the advisory council.

(c) The duties of the advisory council include:

(1) reviewing and evaluating state and local criminal justice systems and corrections programs, including pretrial services, behavioral health treatment and recovery services, community corrections, county jails, parole, and probation services;

(2) reviewing the processes used by the department of correction and the division of mental health and addiction in awarding grants;

(3) reviewing and evaluating jail overcrowding to identify a range of possible solutions;

(4) coordinating with other criminal justice funding sources;

(5) establishing committees to inform the work of the advisory council; and

(6) performing other relevant duties as determined by the advisory council.

(d) The advisory council may make recommendations to:

(1) the department of correction, community corrections advisory boards, and the division of mental health and addiction concerning the award of grants;

(2) criminal justice systems and corrections programs concerning best practices to improve outcomes of persons under supervision;

(3) the Indiana general assembly concerning legislation and funding for criminal justice initiatives;

(4) the Indiana criminal justice institute concerning criminal justice funding priorities;

(5) the office of judicial administration concerning veterans problem solving court grants; and

(6) the county sheriffs concerning strategies to address jail overcrowding and implementing evidence based practices for reducing recidivism for individuals in county jails.

(e) The office of judicial administration shall staff the advisory council.

(f) The affirmative votes of a majority of the voting members appointed to the advisory council are required for the advisory council to take action on any measure. A voting member of the advisory council must cast a vote in person under this subsection.

(g) The advisory council shall meet as necessary to:

(1) work with the department of correction and the division of mental health and addiction to establish the grant criteria and grant reporting requirements described in subsection (k);

(2) review grant applications;

(3) make recommendations and provide feedback to the department of correction and the division of mental health and addiction concerning grants to be awarded;

(4) review grants awarded by the department of correction and the division of mental health and addiction; and

(5) suggest areas and programs in which the award of future grants might be beneficial.

(h) The advisory council, in conjunction with the Indiana criminal justice institute, shall jointly issue an annual report under IC 5-2-6-24.

(i) The advisory council shall review the composition of the community corrections advisory board described in IC 11-12-2-2 and make a recommendation to the legislative council in an electronic format under IC 5-14-6 before November 1, 2022, regarding how to reduce the membership of a community corrections advisory board and the recommended membership for a community corrections advisory board.

(j) Any entity that receives funds:

(1) recommended by the advisory council; and

(2) appropriated by the department of correction;

for the purpose of providing additional treatment or supervision services shall provide the information described in subsection (k) to the department of correction to aid in the compilation of the report described in subsection (h).

(k) The department of correction shall provide the advisory council with the following information:

(1) The total number of participants, categorized by offense level, who were served by the entity through funds described in subsection (j).

(2) The total number of participants, categorized by offense level, who completed a funded treatment program, service, or level of supervision.

(3) The total number of participants, categorized by offense level, who were discharged from a funded treatment program, service, or level of supervision.

As added by P.L.179-2015, SEC.13. Amended by P.L.88-2016, SEC.2; P.L.151-2017, SEC.1; P.L.65-2018, SEC.6; P.L.108-2019, SEC.240; P.L.34-2020, SEC.2; P.L.48-2020, SEC.3; P.L.207-2021, SEC.53; P.L.114-2022, SEC.27; P.L.42-2024, SEC.152; P.L.111-2024, SEC.3; P.L.126-2024, SEC.4; P.L.76-2026, SEC.23.

IC 33-38-9.5-2.1Meetings Sec. 2.1. The justice reinvestment advisory council established under section 2 of this chapter shall meet at the call of the chair.

As added by P.L.42-2024, SEC.153.

IC 33-38-9.5-2.2ExpiredAs added by P.L.111-2024, SEC.4. Expired 1-1-2026 by P.L.111-2024, SEC.4.

IC 33-38-9.5-2.5Reimbursement of member expenses Sec. 2.5. (a) Except as provided in subsection (e), a member of the advisory council is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b).

(b) A member of the advisory council who is a state employee is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

(c) A member of the advisory council who is not a state employee is entitled to reimbursement for mileage, traveling expenses as provided under IC 4-13-1-4, and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

(d) Except as provided in subsection (e), the expenses of the advisory council shall be paid by the office of judicial administration from funds appropriated to the office of judicial administration for the administrative costs of the advisory council.

(e) Each member of the advisory council who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to legislative members of interim study committees established by the legislative council. Per diem, mileage, and travel allowances paid under this subsection shall be paid from appropriations made to the legislative council or the legislative services agency.

As added by P.L.42-2024, SEC.154. Amended by P.L.1-2025, SEC.224.

IC 33-38-9.5-3Purpose of advisory council Sec. 3. (a) The purpose of the justice reinvestment advisory council is to review policies, promote state and local collaboration, and provide assistance for use of evidence based practices and best practices in community based alternatives and recidivism reduction programs, including:

(1) probation services;

(2) problem solving courts;

(3) mental health and addiction treatment and recovery services;

(4) programs providing for pretrial diversion;

(5) community corrections;

(6) evidence based recidivism reduction programs for currently incarcerated persons;

(7) pretrial services;

(8) other rehabilitation alternatives; and

(9) the incorporation of evidence based decision making into decisions concerning jail overcrowding.

(b) The advisory council shall assist local or regional advisory councils, as established by section 4 of this chapter, in implementing and executing the purposes described in subsection (a).

As added by P.L.179-2015, SEC.13. Amended by P.L.34-2020, SEC.3; P.L.48-2020, SEC.4; P.L.30-2021, SEC.2.

IC 33-38-9.5-4Establishment of local or regional advisory council Sec. 4. (a) A local justice reinvestment advisory council is established in each county in Indiana. The local advisory council of two (2) or more counties may vote to consolidate into a regional advisory council. Membership of a regional advisory council must consist of the members listed in this subsection, which can be filled by a representative from any of the participating counties. A local advisory council consists of at least the following members:

(1) In counties with a chief public defender, the county chief public defender or the county chief public defender's designee. In counties without a chief public defender, a public defender who practices public defense within the county appointed by the local public defense board. If there is no local public defense board, then a public defender who practices public defense within the county appointed by the circuit court judge.

(2) The elected prosecuting attorney or the elected prosecuting attorney's designee.

(3) In counties with a local community mental health center, the director of the center or the director's designee.

(4) The county sheriff or the county sheriff's designee.

(5) In counties with a community corrections program, the director of the county's community corrections program or the director's designee.

(6) The chief probation officer or the chief probation officer's designee.

(7) The president of the county executive (as defined in IC 36-1-2-5) or the president's designee.

(8) The president of the county fiscal body (as defined in IC 36-1-2-6) or the president's designee.

(9) A circuit or superior court judge exercising criminal jurisdiction in the county, selected as follows:

(A) If only one (1) circuit or superior judge exercises criminal jurisdiction in the county, that judge serves as a member of the council.

(B) If more than one (1) circuit or superior court judge exercises criminal jurisdiction in the county, the judge selected by a majority of the circuit and superior court judges exercising criminal jurisdiction in the county shall select a judge exercising criminal jurisdiction to serve as a member of the council.

(C) If the judges exercising criminal jurisdiction in the county are unable to select a judge to serve as a member under clause (B), the chief justice of Indiana shall appoint a judge exercising criminal jurisdiction in the county as a member of the council.

(D) In a county having a consolidated city, the chief judge selected under IC 33-33-49-14.1(c) if the chief judge exercises criminal jurisdiction. If the chief judge does not exercise criminal jurisdiction, the chief judge shall appoint a judge exercising criminal jurisdiction in the county.

(b) The chair and vice chair of a local or regional advisory council are selected as follows:

(1) In a county that does not have a consolidated city, the members of a local or regional advisory council shall annually elect one (1) member as chair and one (1) member as vice chair.

(2) In a county having a consolidated city, the chief judge or the judge appointed by the chief judge described in subsection (a)(9)(D) shall serve as the chair and the members of the local or regional advisory council shall annually elect one (1) member as vice chair.

(c) A local or regional advisory council shall meet at least quarterly.

(d) The community corrections advisory board may vote to serve as the local or regional advisory council described in this section. Meeting agendas may include business related to both community correction advisory board and local or regional advisory council duties.

(e) The affirmative vote of a majority of the voting members of a local or regional advisory council is required for the local or regional advisory council to take action on any measure. A voting member of the local or regional advisory council must cast a vote in person under this subsection.

As added by P.L.30-2021, SEC.3. Amended by P.L.76-2026, SEC.24.

IC 33-38-9.5-5Purpose of local or regional advisory council Sec. 5. A local or regional advisory council shall promote:

(1) the use of evidence based practices; and

(2) the best practices of community based alternatives and recidivism reduction programs, including:

(A) probation services;

(B) problem solving courts;

(C) mental health and addiction treatment and recovery services;

(D) pretrial services;

(E) community corrections;

(F) evidence based recidivism reduction programs for currently incarcerated persons;

(G) other rehabilitation alternatives; and

(H) the incorporation of evidence based decision making into decisions concerning jail overcrowding.

As added by P.L.30-2021, SEC.4.

IC 33-38-9.5-6Duties of local or regional advisory council Sec. 6. A local or regional advisory council shall do the following:

(1) Review, evaluate, and make recommendations for local:

(A) criminal justice systems and corrections programs;

(B) pretrial services;

(C) behavioral health treatment and recovery services;

(D) community corrections; and

(E) county jail and probation services.

(2) Promote state and local collaboration between the advisory council and the local or regional advisory council.

(3) Review and evaluate local jail overcrowding and recommend a range of possible overcrowding solutions.

(4) Compile reports regarding local criminal sentencing as directed by the advisory council.

(5) Establish committees to inform the work of the local or regional advisory council.

(6) Communicate with the advisory council in order to establish and implement best practices and to ensure consistent collection and reporting of data as requested by the advisory council.

(7) Oversee and manage grants awarded under IC 31-40-5 and IC 31-40-6, unless another local collaborative body in the county is tasked with overseeing the grant awarded.

(8) Prepare and submit an annual report to the advisory council not later than March 31 of each year.

As added by P.L.30-2021, SEC.5. Amended by P.L.101-2022, SEC.36.

IC 33-38-9.5-7ExpiredAs added by P.L.84-2022, SEC.4. Expired 1-1-2023 by P.L.84-2022, SEC.4.

IC 33-38-9.5-7.5Advisory council may establish electronic monitoring standards; report and workload study Sec. 7.5. (a) The advisory council may develop electronic monitoring standards, which may include the following:

(1) Administration standards, such as establishing policy, procedure, and reporting requirements.

(2) Supervision standards, such as caseload guidelines, establishing the number of individuals supervised by at least one (1) employee of a supervising agency, contacts with tracked individuals, reporting of violations, and any associated fiscal impact relating to these matters.

(3) Minimum technology features required for electronic monitoring equipment.

(4) Any other issues related to establishing electronic monitoring standards deemed appropriate by the advisory council.

(b) The advisory council may report on the standards described in subsection (a) in the annual report required by IC 35-38-2.7-2(b).

(c) The advisory council may conduct a workload study of electronic monitoring and home detention concerning:

(1) staff roles and responsibilities;

(2) local policies and practice, including appropriate use of available technology;

(3) use of evidence based programming and interventions; and

(4) duties and responsibilities of a supervising agency that are not related to electronic monitoring and home detention.

(d) The advisory council may submit a final report containing the findings under subsection (c) not later than July 1, 2025, to the legislative council in an electronic format under IC 5-14-6.

As added by P.L.9-2023, SEC.2.

IC 33-38-10Chapter 10. Private Judges

33-38-10-1"Private judge" defined 33-38-10-2Persons who may act as private judge 33-38-10-3Registration of former judges; list; petition to have case heard by private judge; appointment 33-38-10-4Conduct of trial without jury; powers of judge; records; applicability of rules of civil procedure; appeals 33-38-10-5Costs 33-38-10-6Clerk of court; sheriff; duties 33-38-10-7Time and place of hearing; notice of proceeding 33-38-10-8Compensation and costs 33-38-10-9Adoption of rules by supreme court