2006 Indiana Code - CHAPTER 11. TIME LIMITS FOR PETITIONS; MOTIONS FOR CONTINUANCE
IC 31-37-11Chapter 11. Time Limits for Petitions; Motions for Continuance
IC 31-37-11-1
Time for filing petition alleging delinquency of child in detention
31-37-11-1 Sec. 1. If a child is in detention, a petition alleging
delinquency must be filed not later than seven (7) days, excluding
Saturdays, Sundays, and legal holidays, after the child is taken into
custody.
As added by P.L.1-1997, SEC.20.
IC 31-37-11-2
Time for factfinding hearing or waiver hearing
31-37-11-2 Sec. 2. (a) If:
(1) a child is in detention; and
(2) a petition has been filed;
a fact-finding hearing or a waiver hearing must be commenced not
later than twenty (20) days, excluding Saturdays, Sundays, and legal
holidays, after the petition is filed.
(b) If:
(1) a child is not in detention; and
(2) a petition has been filed;
the hearing must be commenced not later than sixty (60) days,
excluding Saturdays, Sundays, and legal holidays, after the petition
is filed.
(c) A child who is ordered detained in the home of the child's
parent, guardian, or custodian or who is subject to other conditions
of release under IC 31-37-6-6 may not be considered as being
detained for purposes of this section.
As added by P.L.1-1997, SEC.20. Amended by P.L.188-1999, SEC.3.
IC 31-37-11-3
Waiver denied; time for factfinding hearing
31-37-11-3 Sec. 3. If waiver is denied, the factfinding hearing
must be commenced not later than ten (10) days, excluding
Saturdays, Sundays, and legal holidays, after the denial.
As added by P.L.1-1997, SEC.20.
IC 31-37-11-4
Waiver granted; computation of time
31-37-11-4 Sec. 4. If waiver is granted, the computation of time
under Criminal Rule 4 commences on the date of the waiver order.
As added by P.L.1-1997, SEC.20.
IC 31-37-11-5
Answer to petition alleging delinquency exceeding one year in
aggregate
31-37-11-5 Sec. 5. A child may not be required to answer a
petition alleging that the child is a delinquent child for more than one
(1) year in aggregate.
As added by P.L.1-1997, SEC.20.
IC 31-37-11-6
Effect of continuances and actions of child on computation of
time
31-37-11-6 Sec. 6. Times specified in sections 2 and 3 of this
chapter shall be computed excluding delays resulting from any of the
following:
(1) Continuances granted on the child's motion.
(2) The actions of the child.
(3) Congestion of the court calendar if the prosecuting attorney
moves for a continuance not later than three (3) days before the
hearing, except that a motion may be filed less than three (3)
days before the hearing if the prosecuting attorney shows that
the delay was not the fault of the state.
As added by P.L.1-1997, SEC.20.
IC 31-37-11-7
Release for noncompliance with time limits
31-37-11-7 Sec. 7. If:
(1) a child is in detention; and
(2) the times in sections 1, 2, and 3 of this chapter are not
followed;
the child shall be released on the child's own recognizance or to the
child's parents, guardian, or custodian.
As added by P.L.1-1997, SEC.20.
IC 31-37-11-8
Prosecuting attorney's motion for continuance because of
absence of witness
31-37-11-8 Sec. 8. (a) If a child moves for discharge, the
prosecuting attorney may move for a continuance of the factfinding
hearing or waiver hearing because of the absence of a witness if the
prosecuting attorney makes an official statement:
(1) setting forth the name and address of the witness if known;
(2) indicating the probability of procuring the witness's
testimony within a reasonable time;
(3) showing that the absence of the witness has not been
procured by the act of the prosecuting attorney;
(4) stating the facts to which the prosecuting attorney believes
the witness will testify and the prosecuting attorney's belief that
the facts are true; and
(5) stating that the prosecuting attorney is unable to prove the
facts specified under subdivision (4) through the use of any
other witness whose testimony may be as readily procured.
(b) Upon the child's request, the court shall order that the
prosecuting attorney's motion and official statement be made in
writing.
As added by P.L.1-1997, SEC.20.
IC 31-37-11-9
Order for continuance; grounds; discharge for failure to timely
commence hearing
31-37-11-9 Sec. 9. (a) Upon a motion for a continuance under
section 8 of this chapter, the court may continue the factfinding
hearing or the waiver hearing for not more than ninety (90) days.
However, the hearing may not be continued if, after the prosecuting
attorney moves for the continuance as the result of:
(1) a witness's absence, the child admits that the absent witness
would testify to the facts alleged in the prosecuting attorney's
official statement; or
(2) the unavailability of written or documentary evidence, the
child admits that the written or documentary evidence exists.
(b) If the hearing is not commenced within the ninety (90) day
period required by this section, the court shall discharge the child.
As added by P.L.1-1997, SEC.20.
IC 31-37-11-10
Child causing delay; extension of time period
31-37-11-10 Sec. 10. (a) Except as provided in subsection (b), if:
(1) a continuance is granted on a child's motion; or
(2) the proceedings are delayed by a child's act;
a time period is extended by the amount of the resulting delay.
(b) If a child causes a delay during the last thirty (30) days of a
time period, the state may petition the court for an additional thirty
(30) day extension.
As added by P.L.1-1997, SEC.20.
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