Legislative Update

Various criminal law matters

Filed Under: Juvenile

The Senate Judiciary Committee heard HB 1304 pertaining to various criminal law matters sponsored by Sen. M. Young and Sen. Randolph. Author Rep. McMillin introduced the bill and an amendment that was adopted by consent. The amended bill passed committee 6-3. A summary of the amendment is as follows:

  • Requires the Indiana Criminal Justice Institute to track the number of juveniles under criminal court jurisdiction as a result of direct files and waiver of jurisdiction.
  • Authorizes individuals with intellectual disabilities and autism spectrum disorders to participate in pre-conviction and post-conviction forensic diversion programs.
  • Provides a treatment alternative to the prosecution of alcoholics and drug abusers through the Division of Mental Health and Addiction (DMHA) as an in-patient or in the community for a maximum of three years. The individual must be accepted by DMHA for treatment and approved by the court and the prosecutor to be eligible for this program. If the individual’s treatment program is successfully completed, the charges are dismissed.
  • Provides for treatment and probation following a conviction, subject to any mandatory minimum sentence imposed, for individuals with alcoholism or drug addiction. Failure to participate or complete treatment is a probation violation.
  • Establishes a new chapter for the voluntary treatment of drug abusers by DMHA.
  • Establishes a new chapter for the involuntary treatment by DMHA of alcoholics and drug abusers utilizing the civil commitment procedures under IC 12-26.
  • Amends IC 12-23-14-16 to authorize a court alcohol and drug program or the clerk to collect program fees.
  • Requires DMHA to establish standards and protocols for opioid treatment, including alternatives to methadone such as Naltrexone, Vivitrol, or a similar substance.
  • Clarifies that a person who possesses a hypodermic syringe, needle or other instrument adapted for use to violate the Indiana Legend Drug Act or commit an offense under IC 35-48-4 commits a level 6 felony.
  • Increases from 10 to 12 years old the minimum age in which a juvenile court shall waive a juvenile for murder after a full investigation and hearing.
  • Applies Indiana Rule of Evidence 617 to the custodial interrogation of juveniles and, if held in a place of detention, provides the interrogation must be video recorded. Clarifies custodial interrogations of juveniles at schools shall be audio recorded.  The custodial interrogation of the juvenile is confidential and is exempt from disclosure under IC 5-14-3.
  • Prohibits the restraint of juveniles in court, unless the court has determined on the record, after considering the recommendation of the sheriff or transport officer, the juvenile is dangerous. However, if the juvenile caused a physical disruption in open court, the court may order restraints.
  • Authorizes the county auditor to seek 100% reimbursement for county expenditures for a full-time chief public defender from the public defense fund if the county has an office established under IC 30-40-7 or IC 36-1-3.
  • Amends IC 33-37-2-2 to provide that a delinquent act is committed if a child leaves home or a specified location previously designated by a parent, guardian or custodian.
  • Authorizes a court to appoint a “mental health advocate,” who is a trained community volunteer, to assist a person with an intellectual disability or autism spectrum disorder who has been charged with a criminal offense.
  • Amends the crime of possession of paraphernalia (IC 35-48-4-8.3) to exclude rolling papers and reduces the offense to a class C misdemeanor unless the individual has a prior unrelated conviction under this section, making the offense a class A misdemeanor.
  • Authorizes, as a condition of probation, a prosecutor diversion program, parole, community corrections, forensic diversion, a problem-solving court or a mental health and addiction forensic treatment services program, an individual to receive addiction counseling, inpatient detoxification, and medication assisted treatment, including Vivitrol.
  • Amends the habitual offender statute (IC 35-50-2-8) to allow a court to suspend a portion of any additional term imposed under this section if the offender participates and successfully completes a court approved substance abuse treatment program. The accrued time in the program shall be deducted from the habitual offender’s additional fixed term of imprisonment.

Read the bill at http://iga.in.gov/legislative/2015/house/1304.