Bill Text: IN HB1049 | 2012 | Regular Session | Amended
Bill Title: Provides that the cap on the fees for program services provided to a person participating in a court established alcohol and drug services program does not apply to fees for education or treatment and rehabilitation services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Enrolled - Dead) 2012-03-19 - Signed by the Governor [HB1049 Detail]
Download: Indiana-2012-HB1049-Amended.html
Citations Affected: IC 4-2; IC 4-6; IC 5-11; IC 12-23; IC 33-23;
IC 33-35.
Synopsis: Problem solving courts, courts, and inspector general
matters. Provides that the cap on the fees for program services provided
to a person participating in a court established alcohol and drug
services program does not apply to fees for education or treatment and
rehabilitation services. Provides that a person may participate in a
problem solving court program as a condition of an informal
adjustment program in a child in need of services proceeding.
Eliminates an individual's agreement to the conditions of participation
in the program if the case for which the individual is referred to the
problem solving court involves a nonsuspendible sentence as a
precondition to the placement of the individual in a problem solving
court program. Allows a problem solving court to collect program fees.
Authorizes the inspector general to directly institute civil proceedings
against persons who have failed to pay civil penalties imposed by the
state ethics commission. Requires the state board of accounts to
provide to the inspector general (in addition to the attorney general)
copies of certain reports concerning: (1) malfeasance, misfeasance, or
nonfeasance in office by public officials or employees; (2) fraud or
misconduct with respect to public contracts; or (3) unlawful
expenditure or diversion of public money. Provides that the Wabash
City Court has concurrent jurisdiction with the circuit court in civil
cases in which the amount in controversy does not exceed $3,000.
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Judiciary.
January 25, 2012, amended, reported _ Do Pass.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
(b) If the inspector general finds evidence described in subsection (a), the inspector general shall certify a report of the matter to the attorney general and provide the attorney general with any relevant documents, transcripts, or written statements. Not later than one hundred eighty (180) days after receipt of the report from the inspector general, the attorney general shall do one (1) of the following:
(1) File a civil action (including an action upon a state officer's official bond) to secure for the state the recovery of funds misappropriated, diverted, missing, or unlawfully gained. Upon request of the attorney general, the inspector general shall assist
the attorney general in the investigation, preparation, and
prosecution of the civil action.
(2) Inform the inspector general that the attorney general does not
intend to file a civil action for the recovery of funds
misappropriated, diverted, missing, or unlawfully gained. If the
attorney general elects not to file a civil action, the attorney
general shall return to the inspector general all documents and
files initially provided by the inspector general.
(3) Inform the inspector general that the attorney general is
diligently investigating the matter and after further investigation
may file a civil action for the recovery of funds misappropriated,
diverted, missing, or unlawfully gained. However, if more than
three hundred sixty-five (365) days have passed since the
inspector general certified the report to the attorney general, the
attorney general loses the authority to file a civil action for the
recovery of funds misappropriated, diverted, missing, or
unlawfully gained and shall return to the inspector general all
documents and files initially provided by the inspector general.
(c) If the inspector general has found evidence described in
subsection (a) and reported to the attorney general under subsection (b)
and:
(1) the attorney general has elected under subsection (b)(2) not to
file a civil action for the recovery of funds misappropriated,
diverted, missing, or unlawfully gained; or
(2) under subsection (b)(3) more than three hundred sixty-five
(365) days have passed since the inspector general certified the
report to the attorney general under subsection (b) and the
attorney general has not filed a civil action;
the inspector general may file a civil action for the recovery of funds
misappropriated, diverted, missing, or unlawfully gained.
(d) If the inspector general has found evidence described in
subsection (a), the inspector general may institute forfeiture
proceedings under IC 34-24-2 in a court having jurisdiction in a county
where property derived from or realized through the misappropriation,
diversion, disappearance, or unlawful gain of state funds may be
located, unless a prosecuting attorney has already instituted forfeiture
proceedings against that property.
(e) The inspector general may directly institute civil proceedings
against persons who have failed to pay civil penalties imposed by
the ethics commission under IC 4-2-6-12.
JULY 1, 2012]: Sec. 2. (a) The attorney general shall have charge of
and direct the prosecution of all civil actions that are brought in the
name of the state of Indiana or any state agency.
(b) In no instance under this section shall the state or a state agency
be required to file a bond.
(c) This section does not affect the authority of prosecuting
attorneys to prosecute civil actions.
(d) This section does not affect the authority of the inspector general
to prosecute a civil action under IC 4-2-7-6 for the recovery of either
or both of the following:
(1) Funds misappropriated, diverted, missing, or unlawfully
gained.
(2) A civil penalty imposed by the state ethics commission
under IC 4-2-6-12.
(e) The attorney general may bring an action to collect unpaid
registration fees owed by a commercial dog broker or a commercial
dog breeder under IC 15-21.
(1) Failure of the entity to observe a uniform compliance guideline established under IC 5-11-1-24(a).
(2) Failure of the entity to comply with a specific law.
A report that includes a finding that is critical of an examined entity must designate the uniform compliance guideline or the specific law upon which the finding is based. The reports shall immediately be filed with the state examiner, and, after inspection of the report, the state examiner shall immediately file one (1) copy with the officer or person examined, one (1) copy with the auditing department of the municipality examined and reported upon, and one (1) copy in an electronic format under IC 5-14-6 of the reports of examination of state agencies, instrumentalities of the state, and federal funds administered by the state with the legislative services agency, as staff to the general assembly. Upon filing, the report becomes a part of the public records of the office of the state examiner, of the office or the person examined, of the auditing department of the municipality examined and reported upon, and of the legislative services agency, as staff to the general assembly. A report is open to public inspection at all reasonable times
after it is filed. If an examination discloses malfeasance, misfeasance,
or nonfeasance in office or of any officer or employee, a copy of the
report, signed and verified, shall be placed by the state examiner with
the attorney general and the inspector general. The attorney general
shall diligently institute and prosecute civil proceedings against the
delinquent officer, or upon the officer's official bond, or both, and
against any other proper person that will secure to the state or to the
proper municipality the recovery of any funds misappropriated,
diverted, or unaccounted for.
(b) Before an examination report is signed, verified, and filed as
required by subsection (a), the officer or the chief executive officer of
the state office, municipality, or entity examined must have an
opportunity to review the report and to file with the state examiner a
written response to that report. If a written response is filed, it becomes
a part of the examination report that is signed, verified, and filed as
required by subsection (a).
(c) Except as required by subsections (b) and (d), it is unlawful for
any deputy examiner, field examiner, or private examiner, before an
examination report is made public as provided by this section, to make
any disclosure of the result of any examination of any public account,
except to the state examiner or if directed to give publicity to the
examination report by the state examiner or by any court. If an
examination report shows or discloses the commission of a crime by
any person, it is the duty of the state examiner to transmit and present
the examination report to the grand jury of the county in which the
crime was committed at its first session after the making of the
examination report and at any subsequent sessions that may be
required. The state examiner shall furnish to the grand jury all evidence
at the state examiner's command necessary in the investigation and
prosecution of the crime.
(d) If, during an examination under this article, a deputy examiner,
field examiner, or private examiner acting as an agent of the state
examiner determines that the following conditions are satisfied, the
examiner shall report the determination to the state examiner:
(1) A substantial amount of public funds has been
misappropriated or diverted.
(2) The deputy examiner, field examiner, or private examiner
acting as an agent of the state examiner has a reasonable belief
that the malfeasance or misfeasance that resulted in the
misappropriation or diversion of the public funds was committed
by the officer or an employee of the office.
(e) After receiving a preliminary report under subsection (d), the
state examiner may provide a copy of the report to the attorney general.
The attorney general may institute and prosecute civil proceedings
against the delinquent officer or employee, or upon the officer's or
employee's official bond, or both, and against any other proper person
that will secure to the state or to the proper municipality the recovery
of any funds misappropriated, diverted, or unaccounted for.
(f) In an action under subsection (e), the attorney general may attach
the defendant's property under IC 34-25-2.
(g) A preliminary report under subsection (d) is confidential until
the final report under subsection (a) is issued, unless the attorney
general institutes an action under subsection (e) on the basis of the
preliminary report.
(1) any public contract has been regularly and lawfully executed and performed; or
(2) any public work, building, or structure has been or is being performed, built, or constructed in accordance with the terms and provisions of the contract, and in compliance with the plans and specifications, if any.
Upon a written petition of twenty-five (25) taxpayers, the state examiner may also require all plans, specifications, and estimates to be submitted to the state examiner for corrections and approval before a contract is awarded.
(b) The state examiner, deputy examiner, and any field examiner, when engaged in making an inquiry, test, examination, or investigation under subsection (a), is entitled to examine and inspect any public records, documents, data, contracts, plans, and specifications contained or found in any public office or other place pertaining or relating to the public contract or public work, building, or structure. In addition, subpoenas may be issued to witnesses to appear before the examiner in person or to produce books and papers for inspection and examination. The state examiner, deputy, field, and private examiner may administer oaths and examine witnesses under oath either orally or by interrogatories on all matters under examination and investigation. Under order of the state examiner, the examination may be transcribed,
with the reasonable expense paid by the municipality in the same
manner as the compensation of the field examiner is paid.
(c) The state examiner, the deputy examiner, and a field examiner
may enforce attendance and answers to questions and interrogatories,
as provided by law, with respect to examinations and investigations
made by the state examiner, deputy examiner, field examiner, or
private examiner of public offices.
(d) The state examiner, deputy examiner, any field examiner, and
any private examiner, when making an examination or investigation
under subsection (a), shall examine, inspect, and test the public works,
buildings, or structures in the manner that the examiner sees fit to
determine whether it is being performed, built, or constructed
according to the contract and plans and specifications.
(e) The state examiner shall file a report covering any examination
or investigation that discloses:
(1) fraud, collusion, misconduct, or negligence in the letting or
the execution of any public contract or in the performance of any
of the terms and conditions of any public contract; or
(2) any failure to comply with the terms or conditions of any
public contract in the construction of any public work, building,
or structure or to perform, build, or construct it according to the
plans and specifications, if any, provided in the contract;
that causes loss, injury, waste, or damage to the state, the municipality,
taxing or assessment district, other public entity, or to its citizens, if it
is enforceable by assessment or taxation.
(f) The report must meet the following requirements:
(1) The report must be made, signed, and verified in
quadruplicate by the examiner making the examination.
(2) The report shall be filed promptly with the state examiner.
After inspection of the report, the state examiner shall file a copy of the
report promptly with the attorney general and the inspector general.
(g) The attorney general shall diligently institute and prosecute civil
proceedings against any or all officers, individuals, and persons in the
form and manner that the attorney general determines will secure a
proper recovery to the state, municipality, taxing or assessment district,
or other public entity injured, defrauded, or damaged by the matters in
the report. These prosecutions may be made by the attorney general and
the recovery may be had, either upon public official bonds, contractors'
bonds, surety or other bonds, or upon individual liability, either upon
contract or in tort, as the attorney general determines is wise. No action
or recovery in any form or manner, or against any party or parties,
precludes further or additional action or recovery in any other form or
manner or against another party, either concurrently with or later found
necessary, to secure complete recovery and restitution with respect to
all matters exhibited, set out, or described in the report. The suits may
be brought in the name of the state on the relation of the attorney
general for the benefit of the state, or the municipality, taxing or
assessment district, or other public entity that may be proper. The
actions brought against any defendants may be joined, as to parties,
form, and causes of action, in the manner that the attorney general
decides.
(h) Any report described in this section or a copy duly certified by
the state examiner shall be taken and received in any and all courts of
this state as prima facie evidence of the facts stated and contained in
the reports.
(i) If an examination, investigation, or test is made without a petition
being first filed and the examination, investigation, or test shows that
the terms of the contract are being complied with, then the expense of
the examination, investigation, or test shall be paid by the state upon
vouchers approved by the state examiner from funds available for
contractual service of the state board of accounts. If such a report
shows misfeasance, malfeasance, or nonfeasance in public office or
shows that the terms of the plans and specifications under which a
contract has been awarded are not being complied with, it is unlawful
to make the report public until the report has been certified to the
attorney general.
(j) If, during an examination under this article, a deputy examiner,
field examiner, or private examiner acting as an agent of the state
examiner determines that all of the following conditions are satisfied,
the examiner shall report the determination to the state examiner:
(1) A substantial amount of public funds has been
misappropriated or diverted.
(2) The deputy examiner, field examiner, or private examiner
acting as an agent of the state examiner has a reasonable belief
that the malfeasance or misfeasance that resulted in the
misappropriation or diversion of public funds was committed by
the officer or an employee of the office.
(k) After receiving a preliminary report under subsection (j), the
state examiner may provide a copy of the report to the attorney general.
The attorney general may institute and prosecute civil proceedings
against the delinquent officer or employee, or upon the officer's or
employee's official bond, or both, and against any other proper person
that will secure to the state or to the proper municipality the recovery
of any funds misappropriated, diverted, or unaccounted for.
(l) In an action under subsection (k), the attorney general may attach the defendant's property under IC 34-25-2.
(m) A preliminary report under subsection (j) is confidential until the final report under subsection (e) is issued, unless the attorney general institutes an action under subsection (k) on the basis of the preliminary report.
(1) malfeasance, misfeasance, or nonfeasance in office or of any officer or employee;
(2) that any public money has been:
(A) unlawfully expended, either by having been expended for a purpose not authorized by law in an amount exceeding that authorized by law, or by having been paid to a person not lawfully entitled to receive it; or
(B) obtained by fraud or in any unlawful manner; or
(3) that any money has been wrongfully withheld from the public treasury;
a duly verified copy of the report shall be submitted by the state examiner to the attorney general, who shall institute and prosecute civil proceedings as provided in section 1 of this chapter, and to the inspector general.
(b) If a fee is required, the court shall adopt by court rule a schedule of fees to be assessed for program services.
(c) The fee for program services, excluding reasonable fees for education or treatment and rehabilitation services, may not exceed four hundred dollars ($400).
(d) A fee collected under this chapter shall be deposited in the city or county user fee fund.
(1) the individual meets all of the eligibility criteria established by the board under section 12 of this chapter;
(2) the judge of the problem solving court approves the admission
of the individual to the problem solving court program; and
(3) the individual is referred to the problem solving court as a
result of at least one (1) of the following:
(A) A condition of a pretrial diversion program authorized by
statute or authorized by the judge of the problem solving court
and the prosecuting attorney.
(B) The procedure described in section 14 of this chapter.
(C) The procedure described in section 15 of this chapter.
(D) A condition of probation.
(E) A condition of participation in a community corrections
program under IC 11-12-1.
(F) A condition of participation in a forensic diversion
program under IC 11-12-3.7.
(G) A condition of a community transition program under
IC 11-10-11.5.
(H) A condition of parole.
(I) An order in a dispositional decree under IC 31-34-20 to
participate in a family dependency drug court if the individual
is a parent, guardian, or another household member of a child
adjudicated a child in need of services.
(J) A condition of an informal adjustment program under
IC 31-37-9.
(K) Involvement in:
(i) a child support proceeding;
(ii) a mental health commitment; or
(iii) a civil protection proceeding.
(L) A condition of an informal adjustment program under
IC 31-34-8.
(b) If the requirements of subsection (a) are met,
(1) order the execution of the individual's nonsuspendible sentence and stay execution of all or part of the nonsuspendible
part of the individual's sentence pending the individual's
successful completion of a problem solving court program; and
(2) suspend all or part of the suspendible part of the individual's
nonsuspendible sentence, place the individual on probation for
the suspended part of the sentence, and require as a condition of
probation that the person successfully complete a problem solving
court program.
(c) If an individual has been terminated from a problem solving
court program under this section as provided in section 14.5 of this
chapter, the problem solving court may:
(1) if the person is serving the nonsuspendible part of the person's
sentence:
(A) lift the stay of execution of the nonsuspendible part of the
individual's sentence and order the individual to serve all or a
part of the nonsuspendible sentence; or
(B) otherwise dispose of the case; or
(2) if the individual is serving the suspendible part of the
individual's sentence:
(A) order all or a part of the individual's suspendible sentence
to be executed; or
(B) otherwise dispose of the case.
(d) If an individual successfully completes a problem solving court
program under this section, the problem solving court may:
(1) waive execution of the nonsuspendible part of the individual's
sentence; or
(2) otherwise dispose of the case.
(b) A court that has established a problem solving court under this chapter may require eligible individuals to pay a fee for problem solving court services.
(c) If a fee is required under subsection (b), the court shall adopt by local court rule a schedule of fees, consistent with the rules adopted by the board under subsection (a), to be assessed for problem solving court services.
(d) The problem solving court or the clerk of the court shall collect fees under this section. If the problem solving court collects fees under this section, the problem solving court shall transfer all collected fees to the clerk of the court not later than fourteen (14)
days after the fees are collected. The clerk of the court shall transmit
transfer the fees within thirty (30) days after the fees are collected, for
deposit by the auditor or fiscal officer in the appropriate user fee fund
established under IC 33-37-8.
(e) Fees collected under this section must be used only to fund
problem solving court services under this chapter.
(1) who is:
(A) adjudicated a delinquent child; or
(B) in a program of informal adjustment approved by a juvenile court under IC 31-37-9; and
(2) who is accepted into a problem solving court program;
is financially responsible for the problem solving court services fee and chemical testing expenses assessed against the child by the problem solving court under this chapter.
(b) A parent or guardian of a child described in subsection (a) shall, before a hearing under subsection (c) concerning payment of fees and expenses assessed against the child, provide financial information to the problem solving court as ordered by the problem solving court.
(c) The problem solving court shall hold a hearing and may order the parent or guardian to pay fees and expenses assessed against a child described in subsection (a) unless the problem solving court makes a specific finding that:
(1) the parent or guardian is unable to pay the fees or expenses; or
(2) justice would not be served by ordering the parent or guardian to pay the fees or expenses.
(d) If a parent or guardian is ordered to pay fees or expenses under this section, the parent or guardian shall pay the fees or expenses to the problem solving court or the clerk of the court. The problem solving court shall keep a record of all payments made under this section by each parent or guardian. When a child is discharged from a problem solving court program, the problem solving court shall determine the amount of any unpaid fees or expenses a parent or guardian owes under this section. The problem solving court may reduce the unpaid balance to a final judgment that may be enforced in any court that has appropriate jurisdiction.
a population of more than ten thousand five hundred (10,500) but
less than eleven thousand (11,000) has concurrent jurisdiction with
the circuit court in civil cases in which the amount in controversy
does not exceed three thousand dollars ($3,000).
