The Senate Appropriations Committee heard HB 1359 on juvenile law matters sponsored by Sen. Crider. 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
An amendment was introduced removing Section 28 from the bill concerning: (1) transitional services provided to a child who is a ward of the department of correction; (2) annual reporting requirements regarding the impact of reintegration improvements for juveniles; and (3) expenses of administering transitional services for juveniles. The amendment also makes various changes to the: (1) juvenile diversion and community alternatives grant programs; and (2) juvenile behavioral health competitive grant pilot program; added by the bill. A representative from the Public Defender Council testified in support of the bill, but against the amendment. The amended bill passed 12-0.
Read the bill at: http://iga.in.gov/legislative/2022/bills/house/1359