The House Courts and Criminal Code Committee heard Rep. McMillin’s HB 1304 on various criminal law issues. This bill:
- requires tracking the number of direct file charges against juveniles in adult court by the Indiana Criminal Justice Institute;
- amends the forensic diversion program to include persons with intellectual disabilities;
- expands treatment in lieu of or after conviction by courts with alternative evidence based methods;
- raises the minimum age for non-presumptive waiver under Ind. Code § 31-30-3-2 from 14 to 16 years of age, non-presumptive waiver under Ind. Code § 31-30-3-3 from 16 to 17 years of age, and the minimum age a child can be charged with murder if committed by an adult and waived from 10 to 12 years of age under Ind. Code § 31-30-3-4;.
- amends the presumptive waiver statute under Ind. Code § 31-30-3-5 to increase the age for waiver from 16 to 17 years of age;
- requires a law enforcement agency to record custodial interrogations of juveniles, except in schools if it would impair the administration of school functions;
- removes authority to hold a runaway 24 hours (excluding Saturdays, Sundays and non-judicial days) before and after a detention hearing;
- amends Ind. Code § 33-40-6-4 to provide a county auditor may request reimbursement from the Public Defender Commission for 100% of the county’s expenditures for juvenile defense services;
- creates a court appointed special advocate to assist persons with intellectual disabilities charged in a criminal offense and for payment of a user fee for this service; and,
- allows a court to suspend the sentence of certain habitual offenders if the habitual offender is in a court approved substance abuse treatment program.
Numerous people spoke in favor of the legislation. The bill was held until next week to amend the following bills into this legislation:
- HB 1059: expanding the definition of a runaway to include a child leaving a specific location previously designated by the child’s parent, guardian or custodian in addition to home and expand the crime of false reporting;
- HB 1195: authorizing the use of Vivitrol to treat opioid or alcohol addiction as a condition of parole, probation community corrections, pretrial diversion or participation in problem solving courts;
- HB 1389: including provisions for treatment of persons with intellectual disabilities who commit crimes; and,
- HB 1595: removing the authority of courts to place repeat truants and runaways in secure detention and/or DOC.
Read the bill at http://iga.in.gov/legislative/2015/bills/house/1304.