The House Courts and Criminal Code Committee heard HB 1359 on juvenile law matters authored by Rep. McNamara. The bill:
- mandates that the Commission on Improving the Status of Children in Indiana (Commission) shall create a statewide oversight body to do the following:
- develop a plan to collect and report statewide juvenile justice data;
- establish procedures and policies related to the use of certain screening tools and assessments;
- develop a statewide plan to address the provision of broader behavioral health services to children in the juvenile justice system;
- develop a plan for the provision of transitional services for a child who is a ward of the department of correction; and
- develop a plan for the juvenile diversion and community alternatives grant program
- requires the statewide oversight body to, not later than January 1, 2023, submit a data collection plan, a plan for the use of certain screening tools and assessments, and a grant program plan to the Commission and the legislative council. Requires the Judicial Conference of Indiana to develop statewide juvenile probation standards that are aligned with research-based practices
- requires the Board of Directors of the Judicial Conference of Indiana to approve the standards by July 1, 2023
- defines “detention screening tool”, “diagnostic assessment”, “juvenile diversion”, “restorative justice services”, “risk and needs assessment tool”, and “risk screening tool”
- requires the use of a risk and needs assessment tool, a risk screening tool, and a diagnostic assessment when evaluating a child at specific points in the juvenile justice system to identify the child’s risk for re-offense
- requires an intake officer and the juvenile court to use the results of a detention screening tool to inform the use of secure detention and document the reason for the use of detention if the tool is overridden
- requires a court to, after use of a detention screening tool, include in its juvenile court order the reason for a juvenile detention override, and submit details of the juvenile detention override to the Office of Judicial Administration (Office)
- requires the Office to provide an annual report to the Governor, Chief Justice, and the legislative council before December 1 of each year that includes information about a court’s use of a detention screening tool and reasons for a juvenile detention override
- provides that a child less than 12 years of age cannot be detained unless detention is essential to protect the community and no reasonable alternatives exist to reduce the risk.
- establishes a procedure for juvenile diversion
- requires the Office to provide an annual report to the Governor, Chief Justice, and legislative council before December 1 of each year that includes data on any child diverted through the juvenile diversion program
- repeals provisions requiring a child who participates in a program of informal adjustment to pay an informal adjustment program fee
- provides that a child who is a ward of the Department of Correction shall receive at least three months of transitional services to support reintegration back into the community and to reduce recidivism
- requires the Department of Correction to provide an annual report to the Governor, Chief Justice, and legislative council before December 1 of each year that includes data collected that will help assess the impact of reintegration improvements for juveniles, including tracking recidivism beyond incarceration and into the adult system
- provides that a juvenile court may recommend telehealth services as an alternative to a child receiving a diagnostic assessment
- beginning July 1, 2023, establishes the juvenile diversion and community alternatives grant programs, juvenile diversion and community alternatives programs fund, juvenile behavioral health competitive grant pilot program, and the juvenile behavioral health competitive grant pilot program fund
- requires the Indiana Criminal Justice Institute (Institute) to administer each program and fund
- requires the local or regional justice reinvestment advisory council or another local collaborative body to oversee certain juvenile community alternatives grants awarded to a county
- requires the Institute to prepare an annual report to the Governor, Chief Justice, and the legislative council before December 1 of each year that details certain performance measures that counties receiving grants must collect and report
- requires the Office to administer the statewide juvenile justice data aggregation plan.
The bill was amended by consent to provide that:
- the Chief Justice of the Supreme Court shall designate the chair of the statewide juvenile justice oversight body (oversight body) and shall make the initial appointments and designations to the oversight body, which may incorporate members of an existing committee or subcommittee formed under the Commission
- the oversight body shall have: (1) not later than January 1, 2023, the plan for the grant programs; and (2) not later than July 1, 2023, the juvenile justice data collection plan and the plan for the use of screening tools, assessments, and services; submitted to the Commission and the legislative council
- the prosecuting attorney petitions the juvenile court for authorization to file a delinquency petition if a child does not complete the terms of juvenile diversion
- if the juvenile court waives the preparation of a pre-dispositional report, the results of the validated risk and needs assessment tool shall still be provided to the juvenile court and any legal party to the case
- the juvenile court, in conjunction with the Department of Correction, is required to ensure that a child receives transitional services to support reintegration back into the community and reduce recidivism
- the term “detention screening tool” has now been changed to “detention tool”.
The Indiana Public Defender Council, Indiana State Public Defender, Indiana Prosecuting Attorneys Council, Circle Up Indy, Stand for Children, Indy Chamber, Indiana Council of Juvenile and Family Court Judges, and Julie Whitman, Executive Director of the Commission on Improving the Status of Children, testified in support of the bill. The amended bill passed 11-0.
Read the bill at: http://iga.in.gov/legislative/2022/bills/house/1359