Bill Text: IN HB1153 | 2011 | Regular Session | Engrossed
Bill Title: Problem solving courts.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-05-16 - Effective 07/01/2011 [HB1153 Detail]
Download: Indiana-2011-HB1153-Engrossed.html
Citations Affected: IC 2-5; IC 2-5.5; IC 12-7; IC 33-23; IC 33-37.
Synopsis: Problem solving courts. Expands the types of persons that
may participate in court established alcohol and drug services
programs. Establishes procedures to be used by a problem solving court
to terminate an individual's participation in a problem solving court
program. Provides that the parent or guardian of a child: (1) who is
adjudicated a delinquent child or in a program of informal adjustment
approved by a juvenile court; and (2) who is accepted into a problem
solving court program; is financially responsible for the problem
solving court service fees and chemical testing expenses assessed
against the child by the problem solving court. Specifies that a city or
town user fee fund or county user fee fund includes problem solving
court fees collected by the clerk of the court. Establishes the criminal
law and sentencing policy study committee.
Effective: July 1, 2011.
(SENATE SPONSORS _ BRAY, STEELE, BRODEN, RANDOLPH)
January 10, 2011, read first time and referred to Committee on Judiciary.
January 20, 2011, amended, reported _ Do Pass.
January 24, 2011, read second time, ordered engrossed. Engrossed.
January 31, 2011, read third time, passed. Yeas 98, nays 0.
February 17, 2011, read first time and referred to Committee on Judiciary.
March 10, 2011, amended, reported favorably _ Do Pass.
March 14, 2011, read second time, amended, ordered engrossed.
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.
Chapter 31. Criminal Law and Sentencing Policy Study Committee
Sec. 1. The criminal law and sentencing policy study committee is established.
Sec. 2. The committee consists of fourteen (14) members appointed as follows:
(1) Four (4) members of the senate, not more than two (2) of whom may be affiliated with the same political party, appointed by the president pro tempore of the senate.
(2) Four (4) members of the house of representatives, not more than two (2) of whom may be affiliated with the same political party, appointed by the speaker of the house of representatives.
(3) The executive director of the prosecuting attorneys council
of Indiana or the executive director's designee.
(4) The executive director of the public defender council of
Indiana or the executive director's designee.
(5) One (1) person appointed by the members of the Probation
Officers' Professional Association who:
(A) has experience in administering probation programs;
and
(B) is a member of the Probation Officers' Professional
Association of Indiana.
(6) One (1) circuit or superior court judge who exercises
criminal or juvenile jurisdiction, appointed by the chief
justice of the supreme court.
(7) The commissioner of the department of correction.
(8) The chairman of the parole board.
Sec. 3. The chairman of the legislative council shall appoint a
legislative member of the committee to serve as chair of the
committee. Whenever there is a new chairman of the legislative
council, the new chairman may remove the chair of the committee
and appoint another chair.
Sec. 4. If a legislative member of the committee ceases to be a
member of the chamber from which the member was appointed,
the member also ceases to be a member of the committee.
Sec. 5. A legislative member of the committee may be removed
at any time by the appointing authority who appointed the
legislative member.
Sec. 6. If a vacancy exists on the committee, the appointing
authority who appointed the former member whose position is
vacant shall appoint an individual to fill the vacancy.
Sec. 7. The committee shall submit a final report of the results
of the committee's study to the legislative council before November
1 of even-numbered years. The report must be in an electronic
format under IC 5-14-6.
Sec. 8. The Indiana criminal justice institute shall provide staff
support to the committee to prepare:
(1) minutes of each meeting; and
(2) the final report.
Sec. 9. The legislative services agency shall provide staff support
to the committee to:
(1) advise the committee on legal matters, criminal
procedures, and legal research; and
(2) draft potential legislation.
Sec. 10. Each member of the committee is entitled to receive the
same per diem, mileage, and travel allowances paid to individuals
who serve as legislative and lay members, respectively, of interim
study committees established by the legislative council.
Sec. 11. The affirmative votes of a majority of the members
appointed to the committee are required for the committee to take
action on any measure, including the final report.
Sec. 12. Except as otherwise specifically provided by this
chapter, the committee shall operate under the rules of the
legislative council. All funds necessary to carry out this chapter
shall be paid from appropriations to the legislative council and the
legislative services agency.
Sec. 13. (a) The committee is established to evaluate criminal
laws, sentencing laws, and policies as they relate to:
(1) the purposes of the criminal justice and corrections
systems;
(2) the availability of sentencing options; and
(3) the inmate population in department of correction
facilities.
If, based on the committee's evaluation under this subsection, the
committee determines that changes are necessary or appropriate,
the committee shall make recommendations to the general
assembly for the modification of sentencing laws and policies and
for the addition, deletion, or expansion of sentencing options.
(b) The committee shall do the following:
(1) Conduct a continuing study of the laws relating to:
(A) the investigation of crimes;
(B) the prosecution of crimes;
(C) criminal procedures;
(D) alternative sentencing programs;
(E) the department of correction;
(F) parole;
(G) probation;
(H) community corrections;
(I) home detention programs;
(J) criminal registries;
(K) victim rights;
(L) the classification of criminal offenses into felony and
misdemeanor categories;
(M) sex offenders; and
(N) juvenile offenders.
(2) Study federal requirements or incentives for states to pass
certain laws or establish specific programs.
(3) Determine the long range needs of the criminal justice and corrections systems and recommend policy priorities for those systems.
(4) Identify critical problems in the criminal justice and corrections systems and recommend strategies to solve the problems.
(5) Assess the cost effectiveness of the use of state and local funds in the criminal justice and corrections systems.
(6) Propose plans, programs, and legislation for improving the effectiveness of the criminal justice and corrections systems.
(c) The committee may study other topics assigned by the legislative council or as directed by the committee chair. The committee may meet as often as necessary.
(1) arrested for, charged with, or convicted of a misdemeanor or felony;
(2) against whom a:
(A) complaint for an infraction is filed; or
(B) judgment for an infraction is entered; or
(3) who is referred to a program under IC 12-23-14-5;
which provides intervention, education, referral, treatment, or rehabilitation, under the operation of a court or under private contract.
(1) blood;
(2) breath;
(3) hair;
(4) sweat;
(5) saliva;
(6) urine; or
(7) other bodily substance;
to determine the presence of alcohol, a drug, or a controlled substance (as defined in IC 35-48-1-9).
and place the individual in a problem solving court program under this
section only if:
(1) the individual meets the conditions for eligibility set forth in
section 13(1) and 13(2) of this chapter;
(2) the individual pleads guilty and consents to the referral; and
(3) the judge of the problem solving court, the prosecuting
attorney, and the individual all agree upon certain conditions for
the individual's participation in the problem solving court
program and on the duration of those conditions.
(b) If the judge of a problem solving court determines, after a
hearing, that:
(1) an individual participating in a problem solving court program
under this section violated a condition established under
subsection (a)(3); or
(2) the period during which the conditions established under
subsection (a)(3) were in effect expired before the individual
successfully completed each condition established by the problem
solving court;
the problem solving court may terminate the individual's participation
in the problem solving court program.
(c) (b) When an individual's participation in a problem solving court
program under this section has been terminated as provided under
subsection (b), section 14.5 of this chapter, the problem solving court
shall:
(1) enter a judgment of conviction against the individual;
(2) refer the individual's case back to the court that referred the
case to the problem solving court to allow the referring court to
enter a judgment of conviction against the individual; or
(3) otherwise dispose of the case.
(d) (c) If an individual fulfills the conditions established by a
problem solving court under subsection (a), the problem solving court
shall:
(1) dismiss the charges against the individual;
(2) refer the individual's case back to the court that referred the
case to the problem solving court to allow the referring court to
dismiss the charges against the individual; or
(3) otherwise dispose of the case.
conditions of the individual's:
(1) participation agreement; or
(2) case management plan.
(b) If it is alleged that an individual has violated at least one (1)
condition of a problem solving court program, the problem solving
court may:
(1) remand the individual into custody;
(2) order a summons to be issued to the individual to appear;
or
(3) order a warrant for the individual's arrest if there is a risk
that the individual may:
(A) flee the jurisdiction; or
(B) cause harm to the individual or another individual.
(c) The problem solving court judge or other hearing officer
shall conduct a hearing concerning an alleged violation of a
condition of a problem solving court program as follows:
(1) The state must prove the violation by a preponderance of
the evidence.
(2) The evidence must be presented in open court.
(3) The individual who is alleged to have committed the
violation is entitled to:
(A) receive written notice of the alleged violation;
(B) obtain the disclosure of evidence against the individual;
(C) confront and cross-examine witnesses; and
(D) be represented by counsel.
(d) An individual participating in a problem solving court
program may not be terminated from the problem solving court
program for failure to pay a:
(1) problem solving court program service fee; or
(2) chemical testing fee;
assessed against the individual by the problem solving court unless
the individual recklessly fails or willfully refuses to pay the
assessed fee.
(e) Except as provided in sections 14 and 15 of this chapter, if
the problem solving court judge or hearing officer finds that an
individual participating in a problem solving court program has
violated a condition of the program, the problem solving court
judge or hearing officer may:
(1) continue the individual's participation in the problem
solving court program with or without modifying or
expanding the individual's conditions for participating in the
problem solving court program; or
(2) terminate the individual's participation in the problem solving court program.
(1) the individual is convicted of an offense that is nonsuspendible and the individual meets the conditions for eligibility set forth in section 13(1) and 13(2) of this chapter; and
(2) the
(b) If the requirements of subsection (a) are met in the case of an individual, the court may:
(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
(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.
(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 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.
fund is administered by the fiscal officer of the city or town.
(b) The city or town fund consists of the following fees collected by
a clerk under this article:
(1) The pretrial diversion program fee.
(2) The alcohol and drug services fee.
(3) The law enforcement continuing education program fee.
(4) The deferral program fee.
(5) The drug problem solving court fee.
(6) The reentry court fee.
(b) The county fund consists of the following fees collected by a clerk under this article and by the probation department for the juvenile court under IC 31-37-9-9:
(1) The pretrial diversion program fee.
(2) The informal adjustment program fee.
(3) The marijuana eradication program fee.
(4) The alcohol and drug services program fee.
(5) The law enforcement continuing education program fee.
(6) The deferral program fee.
(7) The jury fee.
(8) The
(c) All of the jury fee and two dollars ($2) of a deferral program fee collected under IC 33-37-4-2(e) shall be deposited by the county auditor in the jury pay fund established under IC 33-37-11.
