2016 Indiana Code
TITLE 5. STATE AND LOCAL ADMINISTRATION
ARTICLE 2. LAW ENFORCEMENT
CHAPTER 6. INDIANA CRIMINAL JUSTICE INSTITUTE
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<![CDATA[IC 5-2-6
Chapter 6. Indiana Criminal Justice Institute
IC 5-2-6-0.3
Certain rules considered rules of criminal justice institute;
validation of other rules; criminal justice institute may adopt rules
to supersede
Sec. 0.3. (a) The rules of the Indiana department of transportation
filed with the secretary of state before July 1, 1993, regarding the
administration of the office of traffic safety are considered, after
June 30, 1993, rules adopted by the Indiana criminal justice institute.
(b) A rule adopted by the family protection bureau concerning the
violent crime victims compensation fund under IC 12-18-6 (before
its repeal by P.L.47-1993) is valid and effective until the Indiana
criminal justice institute adopts a rule under IC 4-22-2 that:
(1) supersedes in whole or in part the family protection bureau
rule; or
(2) repeals the family protection bureau rule.
(c) A rule adopted by the family protection bureau concerning the
broadcast or publication of crime stories of accused or convicted
felons under IC 12-8-7 (before its repeal by P.L.47-1993) is valid and
effective until the criminal justice institute adopts a rule under
IC 4-22-2 that:
(1) supersedes in whole or in part the family protection bureau
rule; or
(2) repeals the family protection bureau rule.
As added by P.L.220-2011, SEC.59.
IC 5-2-6-1
Definitions
Sec. 1. As used in this chapter:
"Criminal justice" includes activities concerning:
(1) the prevention or reduction of criminal offenses;
(2) the enforcement of criminal law;
(3) the apprehension, prosecution, and defense of persons
accused of crimes;
(4) the disposition of convicted persons, including corrections,
rehabilitation, probation, and parole; and
(5) the participation of members of the community in
corrections.
"Entitlement jurisdictions" include the state and certain local
governmental units as defined in Section 402(a) of the Omnibus Act.
"Institute" means the Indiana criminal justice institute.
"Juvenile justice" includes activities concerning:
(1) the prevention or reduction of juvenile delinquency;
(2) the apprehension and adjudication of juvenile offenders;
(3) the disposition of juvenile offenders including protective
techniques and practices;
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(4) the prevention of child abuse and neglect; and
(5) the discovery, protection, and disposition of children in need
of services.
"Juvenile Justice Act" means the Juvenile Justice and
Delinquency Prevention Act of 1974 and any amendments made to
that act.
"Local governmental entities" include:
(1) trial courts; and
(2) political subdivisions (as defined in IC 36-1-2-13).
"Omnibus Act" means the Omnibus Crime Control and Safe
Streets Act of 1968 and any amendments made to that act.
"Trustees" refers to the board of trustees of the institute.
As added by P.L.46-1983, SEC.1. Amended by P.L.116-2002, SEC.3;
P.L.140-2006, SEC.1 and P.L.173-2006, SEC.1.
IC 5-2-6-2
Acceptance of federal act
Sec. 2. The state accepts the provisions and benefits of the
Omnibus Act. The governor may administer and coordinate the
activities of state departments, state agencies, and local governmental
entities with respect to the Omnibus Act.
As added by P.L.46-1983, SEC.1.
IC 5-2-6-3
Duties of institute
Sec. 3. The institute is established to do the following:
(1) Evaluate state and local programs associated with:
(A) the prevention, detection, and solution of criminal
offenses;
(B) law enforcement; and
(C) the administration of criminal and juvenile justice.
(2) Improve and coordinate all aspects of law enforcement,
juvenile justice, and criminal justice in this state.
(3) Stimulate criminal and juvenile justice research.
(4) Develop new methods for the prevention and reduction of
crime.
(5) Prepare applications for funds under the Omnibus Act and
the Juvenile Justice Act.
(6) Administer victim and witness assistance funds.
(7) Administer the traffic safety functions assigned to the
institute under IC 9-27-2.
(8) Compile and analyze information and disseminate the
information to persons who make criminal justice decisions in
this state.
(9) Serve as the criminal justice statistical analysis center for
this state.
(10) Identify grants and other funds that can be used by the
department of correction to carry out its responsibilities
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concerning sex or violent offender registration under IC 11-8-8.
(11) Administer the application and approval process for
designating an area of a consolidated or second class city as a
public safety improvement area under IC 36-8-19.5.
(12) Develop and maintain a meth watch program to inform
retailers and the public about illicit methamphetamine
production, distribution, and use in Indiana.
(13) Develop and manage the gang crime witness protection
program established by section 21 of this chapter.
(14) Identify grants and other funds that can be used to fund the
gang crime witness protection program.
(15) Administer any sexual offense services.
(16) Administer domestic violence programs.
(17) Administer assistance to victims of human sexual
trafficking offenses as provided in IC 35-42-3.5-4.
(18) Administer the domestic violence prevention and treatment
fund under IC 5-2-6.7.
(19) Administer the family violence and victim assistance fund
under IC 5-2-6.8.
(20) In conjunction with the division of mental health and
addiction, establish the Indiana technical assistance center for
crisis intervention teams under IC 5-2-21.2.
(21) Monitor and evaluate criminal code reform under
IC 5-2-6-24.
(22) Administer the enhanced enforcement drug mitigation area
fund and pilot program established under IC 5-2-11.5.
(23) Administer the ignition interlock inspection account
established under IC 9-30-8-7.
As added by P.L.46-1983, SEC.1. Amended by P.L.33-1985, SEC.3;
P.L.39-1993, SEC.2; P.L.46-1993, SEC.1; P.L.11-1994, SEC.5;
P.L.21-1994, SEC.1; P.L.36-1997, SEC.1; P.L.56-1998, SEC.4;
P.L.238-2001, SEC.3; P.L.116-2002, SEC.4; P.L.192-2005, SEC.1;
P.L.140-2006, SEC.2 and P.L.173-2006, SEC.2; P.L.186-2007,
SEC.3; P.L.192-2007, SEC.1; P.L.216-2007, SEC.1; P.L.3-2008,
SEC.18; P.L.107-2008, SEC.1; P.L.130-2009, SEC.1; P.L.74-2010,
SEC.1; P.L.133-2012, SEC.31; P.L.85-2013, SEC.2; P.L.180-2014,
SEC.1; P.L.168-2014, SEC.7; P.L.115-2015, SEC.3; P.L.213-2015,
SEC.57; P.L.71-2016, SEC.1.
IC 5-2-6-3.5
Repealed
(As added by P.L.116-2002, SEC.5. Amended by P.L.1-2005,
SEC.72; P.L.64-2005, SEC.1; P.L.177-2005, SEC.12. Repealed by
P.L.140-2006, SEC.41 and P.L.173-2006, SEC.55.)
IC 5-2-6-4
Board of trustees; membership; terms
Sec. 4. (a) The board of trustees is composed of:
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(1) the governor, or his designee, who shall act as chairman;
(2) the attorney general, or his designee;
(3) the superintendent of state police, or his designee;
(4) the commissioner of the department of correction, or his
designee;
(5) the executive director of the prosecuting attorneys council;
(6) the executive director of the judicial center;
(7) the executive director of the public defenders council;
(8) the state public defender;
(9) eight (8) persons who are appointed by and who serve at the
pleasure of the governor, including:
(A) one (1) sheriff;
(B) one (1) chief of police;
(C) one (1) judge of a court with both juvenile jurisdiction
and general criminal jurisdiction; and
(D) five (5) citizens who have manifested an interest in
criminal or juvenile justice, one (1) of whom shall be a
member of the state advisory group under the Juvenile
Justice Act.
(b) The president pro tempore of the senate, or a senator
appointed by him, and the speaker of the house of representatives, or
a representative appointed by him, may serve as nonvoting advisors
to the trustees.
(c) Trustees appointed by the governor serve an initial three (3)
year term and may be reappointed for additional terms. The
additional terms may be four (4) years in length.
(d) Membership on the board of trustees does not constitute
holding a public office.
As added by P.L.46-1983, SEC.1.
IC 5-2-6-5
Board of trustees; duties; meetings; compensation; research and
information consortium
Sec. 5. (a) The institute is composed of:
(1) the trustees; and
(2) a research and information consortium.
(b) The trustees shall:
(1) evaluate and disseminate to the public information
concerning the cost and effectiveness of the criminal and
juvenile justice systems;
(2) promote coordination and cooperation for the effective
administration of the criminal and juvenile justice systems;
(3) establish plans for the criminal and juvenile justice systems
and make recommendations concerning the implementation of
these plans;
(4) encourage and assist in the organization of an academic
consortium for the purpose of engaging in research;
(5) receive, expend, and account for state funds made available
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for the purposes of this chapter;
(6) apply for and accept gifts and grants (which must be
administered as public funds) made for the purposes of this
chapter;
(7) enter into lawful agreements as required as a condition for
receiving gifts, grants, or other funds for the purposes of this
chapter;
(8) employ a director;
(9) adopt rules, under IC 4-22-2, necessary to carry out the
purposes of this chapter; and
(10) promulgate guidelines concerning participation in the
research and information consortium.
(c) The research and information consortium is composed of state
educational institutions that are engaged in criminal or juvenile
justice research under the direction of the trustees. A state or local
governmental entity may participate in the consortium. The
consortium shall act as an advisory body to the institute and perform
other related functions as requested by the trustees.
(d) The trustees shall meet quarterly and at such times as called
by the chairman. A majority of the trustees constitutes a quorum for
doing business. A majority vote of the trustees is required for
passage of any matter put to a vote. The trustees shall establish
procedures and requirements with respect to the place and conduct
of their meetings.
(e) A trustee is not entitled to the minimum salary per diem as
provided in IC 4-10-11-2.1(b) while performing the trustee's duties.
A trustee is entitled to reimbursement for traveling expenses and
other expenses actually incurred in connection with the trustee's
duties, as provided in the state travel policies and procedures
established by the department of administration and approved by the
state budget agency.
As added by P.L.46-1983, SEC.1. Amended by P.L.46-1993, SEC.2;
P.L.2-2007, SEC.76; P.L.3-2008, SEC.19; P.L.100-2012, SEC.14.
IC 5-2-6-6
Board of trustees; controversies between institute and local
entities; determination
Sec. 6. The trustees shall make the final determination on any
controversy between the institute and any local governmental entity
or entitlement jurisdiction on local program priorities and grants,
subject to the procedures and applications for review as required by
the Omnibus Act and the Juvenile Justice Act.
As added by P.L.46-1983, SEC.1.
IC 5-2-6-7
Assistance; requests by governor
Sec. 7. The governor may request the assistance of any person,
agency, entitlement jurisdiction, local governmental entity, or any
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state or federal department in order to carry out the purposes of this
chapter.
As added by P.L.46-1983, SEC.1.
IC 5-2-6-8
Criminal, juvenile justice, and research divisions; administration;
approval of official actions
Sec. 8. (a) The institute has the following four (4) divisions:
(1) The criminal justice division.
(2) The juvenile justice division.
(3) The research division, which may be referred to as the
center for criminal justice research and information.
(4) The victim services division.
(b) The chairman of the trustees shall assign each of the trustees
to participate in the administration of at least one (1) of the divisions.
The chairman shall annually appoint four (4) vice chairmen, each of
whom shall preside over a division of the institute.
(c) Each division shall primarily concern itself with:
(1) the operation of the criminal justice system, the juvenile
justice system, or criminal justice system related research; or
(2) the provision of victim services.
However, the trustees must approve any official action of the
institute unless the trustees authorize a division to act with respect to
specific decisions.
As added by P.L.46-1983, SEC.1. Amended by P.L.46-1993, SEC.3;
P.L.47-1993, SEC.1; P.L.2-1995, SEC.14.
IC 5-2-6-9
Repealed
(Repealed by P.L.4-1988, SEC.5.)
IC 5-2-6-10
Funds; disbursement
Sec. 10. The institute may disburse federal and state funds
available for the purposes of this chapter to entitlement jurisdictions
or local governmental entities if the jurisdiction or entity:
(1) makes proper application for the funds;
(2) agrees to provide the required matching funds; and
(3) is in compliance with section 10.5 of this chapter.
As added by P.L.46-1983, SEC.1. Amended by P.L.44-2006, SEC.1.
IC 5-2-6-10.5
Deobligation of funds; reinstatement or reallocation of deobligated
funds; deobligation for failure to report criminal data
Sec. 10.5. (a) If an entitlement jurisdiction or a local government
entity:
(1) accepts funds under section 10 of this chapter that the
institute has designated as public funds; and
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(2) fails to comply with any requirement of the grant or
funding;
the institute shall deobligate funds to the entitlement jurisdiction or
local government entity.
(b) If a public official or public agency dealing with crime or
criminals or with delinquency or delinquents:
(1) accepts funds under section 10 of this chapter that the
institute has designated as public funds; and
(2) fails to comply with its duties under IC 10-13-2-6(a) (data
reporting);
the institute may deobligate funds to the public official or public
agency.
(c) The institute may reinstate funds under:
(1) subsection (a) if the entitlement jurisdiction or local
government entity complies with the requirements of the grant
or funding within six (6) months of the deobligation of funds;
or
(2) subsection (b) if the public official or public agency
complies with its duties under IC 10-13-2-6(a) within six (6)
months of the deobligation of funds.
(d) If:
(1) an entitlement jurisdiction or a local government entity does
not comply with the requirements of the grant or funding within
six (6) months of the deobligation of funds; or
(2) a public official or public agency does not comply with its
duties under IC 10-13-2-6(a) within six (6) months of the
deobligation of funds;
the institute may reallocate the funds.
As added by P.L.44-2006, SEC.2. Amended by P.L.35-2013, SEC.1.
IC 5-2-6-11
Funds; joint or cooperative applications; agreements
Sec. 11. Any two (2) or more local governmental entities or
entitlement jurisdictions may enter into agreements with one another
for joint or cooperative action for the purposes of applying for,
receiving, disbursing, allocating, and accounting for grants of funds
made available by the United States government under Section
402(a)(5) of the Justice System Improvement Act of 1979, and for
any state funds made available for that purpose. Such agreements
must include the proportion of the amount of required local funds
that shall be supplied by each such local governmental entity or
entitlement jurisdiction. Such agreements may include provisions for
the appointment of any officer or employee of one (1) of the units or
jurisdictions to serve as the collection and disbursement officer for
all of the units.
As added by P.L.46-1983, SEC.1.
IC 5-2-6-12
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Funds; actions by state for recovery
Sec. 12. If any local governmental entity or entitlement
jurisdiction fails to appropriate or pay the funds that it agrees to
provide in its application for federal or state funds under this chapter,
if any person fails to legally disburse or account for funds received
under this chapter, or if any person embezzles, misappropriates,
conceals, or obtains by fraud funds under this chapter, the institute
shall refer the matter to the attorney general. The attorney general
may bring suit in the name of the state to recover these funds for the
benefit of the state or a local governmental entity or entitlement
jurisdiction.
As added by P.L.46-1983, SEC.1. Amended by P.L.33-1985, SEC.4.
IC 5-2-6-13
Repealed
(Repealed by P.L.4-1988, SEC.5.)
IC 5-2-6-14
Victim and witness assistance fund; establishment; source; use
Sec. 14. (a) The victim and witness assistance fund is established.
The institute shall administer the fund. Except as provided in
subsection (e), expenditures from the fund may be made only in
accordance with appropriations made by the general assembly.
(b) The source of the victim and witness assistance fund is the
family violence and victim assistance fund established by
IC 5-2-6.8-3.
(c) The institute may use money from the victim and witness
assistance fund when awarding a grant or entering into a contract
under this chapter, if the money is used for the support of a program
in the office of a prosecuting attorney or in a state or local law
enforcement agency designed to:
(1) help evaluate the physical, emotional, and personal needs of
a victim resulting from a crime, and counsel or refer the victim
to those agencies or persons in the community that can provide
the services needed;
(2) provide transportation for victims and witnesses of crime to
attend proceedings in the case when necessary; or
(3) provide other services to victims or witnesses of crime when
necessary to enable them to participate in criminal proceedings
without undue hardship or trauma.
(d) Money in the victim and witness assistance fund at the end of
a particular fiscal year does not revert to the general fund.
(e) The institute may use money in the fund to:
(1) pay the costs of administering the fund, including
expenditures for personnel and data;
(2) support the registration of sex or violent offenders under
IC 11-8-8 and the Indiana sex and violent offender registry
established under IC 36-2-13-5.5;
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(3) provide training for persons to assist victims; and
(4) establish and maintain a victim notification system under
IC 11-8-7 if the department of correction establishes the system.
As added by P.L.33-1985, SEC.5. Amended by P.L.36-1990, SEC.1;
P.L.1-1994, SEC.15; P.L.11-1994, SEC.6; P.L.56-1998, SEC.5;
P.L.116-2002, SEC.6; P.L.64-2005, SEC.2; P.L.140-2006, SEC.3
and P.L.173-2006, SEC.3; P.L.216-2007, SEC.2; P.L.130-2009,
SEC.2.
IC 5-2-6-15
Repealed
(Repealed by P.L.12-1990, SEC.10.)
IC 5-2-6-16
Repealed
(As added by P.L.39-1991, SEC.1. Amended by P.L.44-2006,
SEC.3; P.L.134-2012, SEC.6; P.L.87-2013, SEC.1. Repealed by
P.L.7-2016, SEC.2.)
IC 5-2-6-17
Meth watch program
Sec. 17. In consultation with the state police department and other
law enforcement agencies, the institute shall operate and maintain a
meth watch program to inform retailers and the public about illicit
methamphetamine production, distribution, and use in Indiana.
As added by P.L.192-2005, SEC.2.
IC 5-2-6-18
Reporting of methamphetamine abuse
Sec. 18. (a) As used in this section, "institute" means the Indiana
criminal justice institute established by section 3 of this chapter.
(b) The institute shall adopt:
(1) guidelines; and
(2) a reporting form or a specified electronic format, or both;
for the report of methamphetamine abuse by a law enforcement
agency under IC 5-2-16.
(c) The guidelines adopted under this section must require a law
enforcement agency to report the existence of methamphetamine
abuse to the institute on the form or in the specified electronic format
adopted by the institute.
(d) The guidelines adopted under this section:
(1) may incorporate a recommendation of the methamphetamine
abuse task force (IC 5-2-14, expired June 30, 2007, and
repealed) that the institute determines to be relevant;
(2) may require the institute to report the information
concerning methamphetamine abuse to one (1) or more
additional agencies or organizations;
(3) must require the institute to maintain reports filed under
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IC 5-2-16 in a manner that permits an accurate assessment of
methamphetamine abuse in Indiana; and
(4) must require a law enforcement agency to report any other
information that the institute determines to be relevant.
As added by P.L.151-2006, SEC.1. Amended by P.L.3-2008, SEC.20.
IC 5-2-6-19
Methamphetamine registry web site; listing contaminated
property; removing decontaminated properties from web site
Sec. 19. (a) As used in this section, "department" refers to the
state police department.
(b) As used in this section, "property" refers to a structure or part
of a structure that is used as a home, residence, or sleeping unit.
(c) Subject to specific appropriation by the general assembly, the
department shall establish, maintain, and operate a web site
containing a list of properties that have been used as the site of a
methamphetamine laboratory. The list of properties shall be based on
information received from a law enforcement agency under
IC 5-2-15-3.
(d) Subject to specific appropriation by the general assembly, and
in accordance with subsection (g), the department shall publish the
list of properties that have been used as the site of a
methamphetamine laboratory on a web site maintained by the
department. If methamphetamine is manufactured in an apartment
that is a unit of a multi-unit apartment complex, the department shall
publish only the address, including the apartment number, of the
particular apartment in which the methamphetamine was
manufactured. The department shall design the web site to enable a
user to easily determine whether a particular property has been used
as the site of a methamphetamine laboratory.
(e) The department shall remove a listed property from the web
site not later than ninety (90) days after the property has been
certified as decontaminated by an inspector approved under
IC 13-14-1-15.
(f) If property has been certified as decontaminated by an
inspector approved under IC 13-14-1-15 before it is placed on the list
required under subsection (c), the department may not place the
property on the list.
(g) The department may not list a property that has been used as
the site of a methamphetamine laboratory on the web site until one
hundred eighty (180) days after the date on which the department
receives information from a law enforcement agency that the
property has been the site of a methamphetamine laboratory.
As added by P.L.186-2007, SEC.4. Amended by P.L.180-2014,
SEC.2.
IC 5-2-6-20
Expired
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(As added by P.L.186-2007, SEC.5. Expired 6-30-2012 by
P.L.186-2007, SEC.5.)
IC 5-2-6-21
Gang crime witness protection program
Sec. 21. (a) The gang crime witness protection program is
established.
(b) The gang crime witness protection program shall be developed
and maintained to assist witnesses of gang crimes with:
(1) temporary living costs;
(2) moving expenses;
(3) rent;
(4) security deposits; and
(5) other appropriate expenses of relocation or transitional
housing.
(c) The institute shall develop and maintain procedures to award
funds for the purposes described in subsection (b) to an individual
who witnesses a gang crime.
(d) The institute shall adopt rules under IC 4-22-2 to implement
this section.
(e) The director of the Indiana criminal justice institute may delay
the implementation of this section until the earlier of the following:
(1) A date set by the director.
(2) The date funding becomes available by a grant through the
criminal justice institute or by an appropriation from the general
assembly.
If the director of the criminal justice institute delays implementation
of this section, the director shall notify each prosecuting attorney of
the director's action.
As added by P.L.192-2007, SEC.2.
IC 5-2-6-22
Gang crime witness protection fund
Sec. 22. (a) The gang crime witness protection fund is established.
The institute shall administer the fund.
(b) The fund consists of:
(1) money identified and obtained by the institute under
subsection (d);
(2) appropriations made to the fund by the general assembly;
and
(3) grants, gifts, and donations to the fund.
(c) The institute shall use money in the fund for costs described
in section 21(b) of this chapter.
(d) The institute shall identify and obtain grants and other funds
that can be used to fund the gang crime witness protection program
under section 21 of this chapter.
(e) Money in the gang crime witness protection fund at the end of
a state fiscal year does not revert to the state general fund.
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As added by P.L.192-2007, SEC.3.
IC 5-2-6-23
Sexual assault victim advocate standards and certification board;
sexual assault victim assistance fund
Sec. 23. (a) As used in this section, "board" refers to the sexual
assault victim advocate standards and certification board established
by subsection (e).
(b) As used in this section, "division" refers to the victim services
division of the Indiana criminal justice institute.
(c) As used in this section, "rape crisis center" means an
organization that provides a full continuum of services, including
hotlines, victim advocacy, and support services from the onset of the
need for services through the completion of healing, to victims of
sexual assault.
(d) As used in this section, "trauma informed sexual assault
services" refers to:
(1) victim centered care;
(2) acute medical care; or
(3) forensic medical services;
provided by advanced medical providers for trauma sustained as a
result of sexual assault. Trauma informed sexual assault services
address the physical, psychological, and emotional needs of sexual
assault victims for the duration of their lifespan.
(e) The sexual assault victim advocate standards and certification
board is established. The board consists of the following twelve (12)
members appointed by the governor:
(1) A member recommended by the prosecuting attorneys
council of Indiana.
(2) A member from law enforcement.
(3) A member representing a rape crisis center.
(4) A member recommended by a statewide nonprofit sexual
assault coalition as designated by the federal Centers for
Disease Control and Prevention under 42 U.S.C. 280 et seq.
(5) A member representing mental health professionals.
(6) A member representing hospital administration.
(7) A member who is a health care professional (as defined in
IC 16-27-1-1) qualified in forensic evidence collection and
recommended by the Indiana chapter of the International
Association of Forensic Nurses.
(8) A member who is an employee of the Indiana criminal
justice institute.
(9) A member who is a survivor of sexual violence.
(10) A member who is a physician (as defined in
IC 25-22.5-1-1.1) with experience in examining sexually abused
children.
(11) A member who is an employee of the office of the
secretary of family and social services.
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(12) A member who is an employee of the state department of
health, office of women's health.
(f) Members of the board serve a four (4) year term. Not more
than seven (7) members appointed under subsection (e) may be of the
same political party.
(g) The board shall meet at the call of the chairperson. Seven (7)
members of the board constitute a quorum. The affirmative vote of
at least seven (7) members of the board is required for the board to
take any official action.
(h) The board shall:
(1) develop standards for certification as a sexual assault victim
advocate;
(2) set fees that cover the costs for the certification process;
(3) adopt rules under IC 4-22-2 to implement this section; and
(4) certify sexual assault victim advocates to provide advocacy
services.
(i) Members of the board may not receive a salary per diem.
Members of the board are entitled to receive reimbursement for
mileage for attendance at meetings. Any other funding for the board
is paid at the discretion of the director of the office of management
and budget.
(j) The sexual assault victims assistance fund is established within
the state general fund. The division shall administer the fund to
provide financial assistance for any of the following:
(1) To establish and maintain rape crisis centers.
(2) The enhancement of services provided by existing rape
crisis centers.
(3) The development, implementation, and expansion of trauma
informed sexual assault services.
(k) Money in the fund shall be distributed by the division. Before
making a distribution, the division shall seek direction from a
statewide nonprofit sexual assault coalition as designated by the
federal Centers for Disease Control and Prevention under 42 U.S.C.
280 et seq. If no statewide nonprofit sexual assault coalition exists,
the division may make distributions without seeking direction. The
fund consists of:
(1) amounts transferred to the fund from sexual assault victims
assistance fees collected under IC 33-37-5-23;
(2) appropriations to the fund from other sources;
(3) fees collected for certification by the board;
(4) grants, gifts, and donations intended for deposit in the fund;
and
(5) interest accruing from the money in the fund.
(l) The expenses of administering the fund shall be paid from
money in the fund. The division may designate ten percent (10%) of
the appropriation made each year to the statewide nonprofit sexual
assault coalition as designated by the federal Centers for Disease
Control and Prevention for program administration. The division
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may not use more than ten percent (10%) of the money collected
from certification fees to administer the certification program.
(m) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(n) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(o) The governor shall appoint a member of the commission each
year to serve a one (1) year term as chairperson of the board.
As added by P.L.104-2008, SEC.4. Amended by P.L.1-2009, SEC.15;
P.L.7-2015, SEC.4; P.L.77-2016, SEC.1.
IC 5-2-6-24
Duty of institute to monitor criminal code reform
Sec. 24. (a) As used in this section, "criminal code reform" refers
to statutory provisions relating to criminal law enacted by
P.L.158-2013 and HEA 1006-2014.
(b) The institute shall monitor and evaluate criminal code reform
as described in this section.
(c) The institute shall annually gather data and analyze the impact
of criminal code reform on:
(1) local units of government;
(2) the department of correction; and
(3) the judicial center.
(d) The institute shall prepare an annual report containing the
results of its analysis before July 1 of each year. The report shall be
provided to the governor and the legislative council. The report
provided to the legislative council must be in an electronic format
under IC 5-14-6.
(e) The report required under this section must:
(1) include an analysis of:
(A) the effect of criminal code reform on:
(i) county jails;
(ii) community corrections programs;
(iii) probation departments; and
(iv) courts;
(B) recidivism rates;
(C) reentry court programs; and
(D) data relevant to the availability and effectiveness of
mental health and addiction programs for persons who are at
risk of entering the criminal justice system, who are in the
criminal justice system, and who have left the criminal
justice system;
(2) track the number of requests for sentence modification that
are set for hearing by the court, including the relief granted by
the court, if any. The report must include whether the grant or
denial of a request for sentence modification was discretionary
or mandatory, and whether the prosecuting attorney opposed the
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request for sentence modification, agreed to the request for
sentence modification, or took no position on the request for
sentence modification; and
(3) track, by age and offense, the number of juveniles under the
jurisdiction of an adult court due to:
(A) lack of jurisdiction under IC 31-30-1-4; or
(B) waiver of jurisdiction under IC 31-30-3-2 through
IC 31-30-3-6.
(f) All local units of government and local elected officials,
including sheriffs, prosecuting attorneys, judges, and county fiscal
bodies, shall cooperate with the institute by providing data as
requested by the institute.
(g) State agencies, including the department of correction, the
Indiana prosecuting attorneys council, the Indiana public defender
council, and the judicial center, shall assist the institute by providing
requested data in a timely manner.
(h) Based on its analysis, the institute shall include
recommendations to improve the criminal justice system in Indiana,
with particular emphasis being placed on recommendations that
relate to sentencing policies and reform.
(i) The institute shall include research data relevant to its analysis
and recommendations in the report.
As added by P.L.168-2014, SEC.8. Amended by P.L.187-2015,
SEC.1.
IC 5-2-6-25
Human trafficking prevention and victim assistance fund
Sec. 25. (a) The human trafficking prevention and victim
assistance fund is established for the purpose of providing funds for:
(1) human trafficking victim services; and
(2) human trafficking prevention programs provided by
community based organizations.
Money in the fund may be used only to carry out the purposes of the
fund.
(b) The fund shall be administered by the institute.
(c) The fund consists of:
(1) money deposited in the fund under IC 32-30-7-24.5;
(2) grants; and
(3) donations.
(d) The expenses of administering the fund shall be paid from
money in the fund.
(e) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(f) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(g) The state is subrogated to the rights of a victim to whom
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services are provided, to the extent of the services. The subrogation
rights are against the perpetrator of the crime or a person otherwise
liable for the loss. If the victim brings a civil action against the
perpetrator of the crime or against the person otherwise liable for the
loss, the victim shall promptly notify the institute of the filing of the
civil action.
(h) In addition to the subrogation rights under subsection (g), the
state is entitled to a lien in the amount of the services provided on a
recovery made by or on behalf of the victim. The state may:
(1) recover the amount of services in a separate action; or
(2) intervene in an action brought by or on behalf of the victim.
As added by P.L.237-2015, SEC.1.
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