The Senate Family and Children Services Committee heard HB 1359 sponsored by Sen. Crider on juvenile law matters. This bill:
- provides that the commission on improving the status of children in Indiana shall create a statewide juvenile justice 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.
- Develop a plan for the juvenile diversion and community alternatives grant program.
- requires the judicial conference of Indiana to develop statewide juvenile probation standards that are aligned with research-based practices
- defines “detention 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 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: (1) after use of a detention tool, include in its juvenile court order the reason for a juvenile detention override; and (2) submit details of the juvenile detention override to the office of judicial administration (office).
- 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
- 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
- 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 and fund, and the juvenile behavioral health competitive grant pilot program and fund
- requires the Indiana criminal justice 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
The bill was amended to clarify procedural items and definitions. Witnesses who testified in support of the bill represented the Indiana Prosecuting Attorneys Council, Indiana Office of Court Services, Stand for Children, a parent/community advocate, Circle Up Indy, The Commission on Improving the Status of Children in Indiana, the Indiana Public Defender Council, and Indy Chamber. No one testified in opposition. The amended bill passed 7-0.
Read the bill at http://iga.in.gov/legislative/2022/bills/house/1359