The following is a list of legislative updates provided by the Indiana Office of Court Services. To read more updates, visit indianacourts.us/legislative.
Duties of Corrections and Criminal Code Interim Study Committee
The House Courts and Criminal Code Committee heard SB 4 sponsored by Rep. Steuerwald on duties of Corrections and Criminal Code Interim Study Committee. The bill provides that the Corrections and Criminal Code Interim Study Committee shall review current trends with respect to criminal behavior, sentencing, incarceration, and treatment and may identify needs of the criminal justice system that can be addressed by legislation and prepare legislation to address the needs found by the Committee.
The bill passed 10-0.
Read the bill at: iga.in.gov/legislative/2018/bills/senate/4.
Putnam County magistrate
The House Courts and Criminal Code Committee heard SB 14 sponsored by Rep. Baird allowing the Putnam County judges to appoint a Putnam County magistrate.
The bill was amended to allow for the appointment of a magistrate for both Jefferson and Scott counties. Putnam County Judge Headley and Scott County Judge Mount testified in favor of the bill and the amendment. The bill passed 11-0 and was assigned to House Ways and Means.
Read the bill at: iga.in.gov/legislative/2018/bills/senate/14.
Kosciusko County superior court
The House Courts and Criminal Code Committee heard SB 126 sponsored by Reps. Wolkins, Klinker, and Cook on adding a fourth judge to Kosciusko County superior court.
Kosciusko County Court Judge Reed testified in favor of the bill. The bill passed 11-0 and was assigned to House Ways and Means.
Read the bill at: iga.in.gov/legislative/2018/bills/senate/126.
Maximum number of foster children
The House Family, Children and Human Affairs Committee heard SB 184 sponsored by Rep. Sullivan and Rep Judy on the maximum number of foster children. The bill increases the number of children who may be supervised in a foster family home from five to six.
A representative from Indiana Association of Resources and Child Advocacy (IARCA) testified in favor of the bill. The bill passed 10-0.
Read the bill at: iga.in.gov/legislative/2018/bills/senate/184.
Various state and local government streaming matters
The Senate Public Policy Committee heard HB 1004 on various state and local government streaming matters, sponsored by Sen. Alting. The bill provides. among other things, the following:
- Permits the publication and circulation to circuit court clerks of the enrolled acts, as required by the state constitution, to be performed electronically, and permits circuit court clerks to electronically acknowledge receipt of the enrolled acts directly to the legislative services agency
- Permits the implementation of a system that would allow county clerks to send the acknowledgment electronically
- Provides that a person may electronically file any document that is required to be filed as part of a lis pendens record
- Repeals a provision requiring a circuit court clerk to provide to a court the names of all attorneys having business in that court
- Makes changes concerning the role of a circuit court clerk regarding recovery of treatment and maintenance charges from the estate of a patient of a state institution or from a responsible party
The bill was amended by consent. The bill was supported by Accelerate Indiana Municipalities, the Association of Indiana Counties, and the Indiana Clerks Association. The amended bill passed 7-1.
Read the bill at iga.in.gov/legislative/2018/bills/house/1004.
Broadening criminal justice treatment options
The Senate Judiciary Committee heard HB 1006 sponsored by Sens. Young, Bray, and Houchin on broadening criminal justice treatment options. This bill:
- Makes various changes to the Criminal Justice Institute’s annual report on the impact of criminal code reform on local units of government, the Department of Correction, and the Office of Judicial Administration;
- Requires the report to be prepared in conjunction with the Justice Reinvestment Advisory Council (council);
- Replaces the name Indiana Judicial Center with Office of Judicial Administration for purposes of submitting the community supervision collaboration plans, approval of the commissioner of the Department of Correction providing additional financial aid to counties with a community supervision collaboration plan, and duties with the council;
- Allows the Division of Mental Health and Addiction (division) to establish a pilot program, subject to available funding and on the recommendation of the council, to provide mental health and addiction forensic treatment services to individuals who are charged with a misdemeanor and meet certain eligibility criteria; and
- Provides that if the pilot program is established, the division shall issue annual reports. Removes an expired provision.
The bill was amended to add probation departments, pretrial diversion programs, and jail treatment programs to programs that are eligible to apply for a state grant for community corrections. Jane Seigel, executive director of Indiana Office of Court Services and chair of Justice Reinvestment Advisory Council, testified in favor of the bill. The Indiana Public Defender Council also testified in support of the bill. The amended bill passed 9-0 and was recommitted to Senate Appropriations.
Read the bill at iga.in.gov/legislative/2018/bills/house/1006.
Treatment of out-of-state convictions in sentencing
The Senate Corrections and Criminal Law Committee heard HB 1033 sponsored by Sen. Koch on treatment of out-of-state convictions in sentencing. The bill provides that, for purposes of law regarding death sentences and sentences for felonies and habitual offenders, a Level 6 felony conviction includes a conviction in another jurisdiction for which the offender might have been imprisoned for more than one year but less than two and one-half years.
The bill passed 7-0.
Read the bill at iga.in.gov/legislative/2018/bills/house/1033.
Home detention matters
The Senate Corrections and Criminal Law Committee heard HB 1034 sponsored by Sen. Glick on home detention matters.
The bill:
- Eliminates the requirement that a period of home detention ordered as a condition of probation must be at least 60 days;
- Allows a court to approve activities for an offender that do not require the offender to be confined to the offender’s home at all times;
- Provides that an offender must maintain a working telephone, cellular telephone, or other wireless or cellular communications device in the offender’s home as a condition of being on home detention.
The bill passed 7-0.
Read the bill at iga.in.gov/legislative/2018/bills/house/1034.
Pretrial diversion
The Senate Corrections and Criminal Law Committee heard HB 1057 sponsored by Sens. Boots, Bray and Young on pretrial diversion.
The bill:
- Provides that the initial user fee amount for a diversion agreement involving a misdemeanor is $50;
- Provides that the initial user fee amount for a diversion agreement involving a felony is $75,
- Allows a court to impose on a person an additional program fee or cost that is reasonably related to the person’s rehabilitation,
- Prohibits a monthly user fee from being collected beyond the maximum length of a possible sentence, and
- Makes conforming amendments.
The Indiana Prosecuting Attorneys Council testified in support of the bill. Indiana Public Defender Council testified in opposition. The bill passed 8-0.
Read the bill at iga.in.gov/legislative/2018/bills/house/1057.
Information for prospective adoptive parent
The Senate Committee on Family and Children Services heard HB 1091 sponsored by Sen. Delph on information for prospective adoptive parent. The bill, which was amended in the House, requires the licensed child placing agency or local office that will conduct an inspection and submit a report to the court concerning a petition to adopt a child to provide and explain to a child’s current foster parent and prospective adoptive parent a document containing contact information for individuals employed by the licensed child placing agency or local office in a supervisory capacity.
The bill passed 9-0.
Read the bill at iga.in.gov/legislative/2018/bills/house/1091.
Agreement for ordinance violations bureau
The Senate Judiciary Committee heard HB 1140 sponsored by Sen. Head on entering into an agreement for ordinance violations bureau. It allows a county to enter into an interlocal agreement with a city to handle its ordinance violations through the city court and for the city court to maintain jurisdiction over these matters.
A representative from Accelerate Indiana Municipalities (AIM) testified in support of the bill. The bill passed 9-0.
Read the bill at iga.in.gov/legislative/2018/bills/house/1140.
Drug dealing resulting in death
The Senate Corrections and Criminal Law Committee heard HB 1359 sponsored by Sens. Freeman, Houchin and Young on drug dealing resulting in death.
The bill makes manufacturing or dealing certain controlled substances resulting in the death of a user:
- A Level 1 felony if the controlled substance is cocaine, methamphetamine, or a schedule I, II, or III controlled substance,
- A Level 2 felony if the controlled substance is a schedule IV controlled substance,
- A Level 3 felony if the controlled substance is a schedule V controlled substance or a synthetic drug or synthetic drug lookalike substance, and
- Makes conforming amendments.
The Indiana Prosecuting Attorneys Council, Indiana State Police, Indiana Attorney General’s Office, and Indiana Sheriffs’ Association testified in support of the bill. The Indiana Public Defender Council testified in opposition. The bill passed 7-1.
Read the bill at iga.in.gov/legislative/2018/bills/house/1359.