Legislative Update

Juvenile law matters

Filed Under: Juvenile

H.E.A. 1359, P.L. 101

Effective: July 1, 2022, except for §1 effective March 11, 2022 and §§3, 11, 13-28, 30-32, 35-36 effective July 1, 2023.

Effective March 11, 2022: Amends Ind. Code § 2-5-36-9 to require the Commission on Improving the Status of Children in Indiana (Commission) to create a statewide juvenile justice oversight body (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 programs. The Chief Justice of Indiana will designate the Chair and make the initial appointments to the new body by May 31, 2022. 

Effective July 1, 2022:

  • Adds Ind. Code § 2-5-36-9.3 to provide the oversight body shall, not later than July 1, 2023, submit to the commission and the legislative council: the juvenile justice data collection plan and the plan for the use of screening tools, assessments, services and tracking data across the juvenile justice continuum.  The oversight body shall review and establish statewide procedures, policies and an implementation plan for validated risk screening, risk and needs assessments, detention tools, diagnostic assessments, plan for behavioral health services to a child in the juvenile justice system, transitional services for a child who is a ward of DOC and other activities.  The oversight body shall also submit the plan for the juvenile diversion and community alternatives grant programs.  
  • Amends Ind. Code § 11-13-1-9 to require the Judicial Conference of Indiana to develop statewide juvenile probation standards which are aligned with research based practices and requires the Board of Directors of the Judicial Conference of Indiana to approve the standards.  Adds Ind. Code § 31-9-2-112.5 to require the use of a risk and needs assessment tool when evaluating a child at specific points in the juvenile justice system to identify the child’s risk for reoffending.  Other new tools are required.
  • Amends Ind. Code § 31-37-6-1 to provide detention does not apply to a child less than 12 years of age unless the child poses an imminent risk of harm to the community, or the court makes a written finding that detention is essential to protect the community and no reasonable alternatives exist
  • Adds Ind. Code § 31-37-19-11.5 to provide a child who is a ward of the Department of Correction may receive at least three months of transitional services to support reintegration of the child back into the community and to reduce recidivism.
  • Adds Ind. Code § 31-37-19-11.7 to provide a juvenile court may recommend telehealth services as an alternative to a child receiving a diagnostic assessment. 
  • Amends Ind. Code §§ 33-24-6-3 & 12.5 to require the Office of Judicial Administration to administer the statewide juvenile justice data aggregation plan, which will ensure the juvenile justice date in each county is collected and shared with the Office of Judicial Administration. 

Effective July 1, 2023:

  • Amends Ind. Code § 5-2-6-3 to require the Indiana Criminal Justice Institute to establish and administer the juvenile diversion and community alternatives grant program and the juvenile behavioral health competitive grant pilot program fund.
  • Amends Ind. Code § 31-37-5-5 to require 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 does not indicate the child is a high risk. Makes the results available to the court and any legal party to the case.  Provides statements made by the juvenile for preparation of the tool are not admissible.
  • Amends Ind. Code § 31-37-6-6 to require a court to: (1) after use of a detention tool, include in a court order the rationale and reasoning for juvenile detention if the child did not score as a high risk; and (2) submit the detention tool results and justification of overrides of the tool to the Office of Judicial Administration. 
    • Requires the Office of Judicial Administration to provide an annual report to the Governor, Chief Justice, and Legislative Council before December 1 of each year that includes information about a court’s use of a detention tool and reasons for overriding the results of the detention tool.
  • Amends Ind. Code § 31-37-8-1 to require the use of a risk assessment tool.
  • Amends Ind. Code § 31-37-8-2 & 4 concerning the use of a risk screening tool and referring a juvenile for juvenile diversion. 
  • Adds Ind. Code § 31-37-8.5 to define juvenile diversion, use of a risk screening tool to inform recommendations to the prosecutor about diversion, participation, and length of time of a juvenile in juvenile diversion.  In addition, it requires the Office of Judicial Administration to provide an annual report to the Governor, Chief Justice, and Legislative Council before December 1 of each year which includes data on a child’s participation in the juvenile diversion program. 
  • Amends Ind. Code § 31-37-9-1, 7, 9, and 10 to repeal the portion of the informal adjustment statute which requires the intake officer to submit a copy of the proposed program to DCS for approval if DCS is to pay for services and for DCS to comment on the proposal for services, the three (3) month extension of informal adjustment, and the informal adjustment program fee.
  • Amends Ind. Code § 31-37-17-1 to provide for risk and needs assessment as part of the predispositional report and require the assessment even if the predispositional report is waived.  Requires the predispositional report to be shared with the juvenile court, prosecuting attorney, and any other party to the case.  Requires the juvenile court to make a written finding which includes the results of the risk and needs assessment if an out of home placement is made. 
  • Amends Ind. Code §§ 31-37-17-4 and 6.1 to provide for inclusion of a risk and needs assessment in the requirements for a predispositional report. 
  • Amends Ind. Code §§ 31-37-19-1 & 6 about dispositional decrees to require the use of Title IV-E language and detention or child removal findings based on Ind. Code §§ Ind. Code 31-37-6-6 (g) and (h).
  • 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 collected data that will help assess the impact of reintegration improvements for juveniles, including tracking recidivism beyond incarceration and into the adult system.
  • Adds Ind. Code § 31-40-5 and 6 to establish: (1) the juvenile diversion and community alternatives grant programs and grant programs fund; and (2) the juvenile behavioral health competitive grant pilot program and grant pilot program 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 Indiana Criminal Justice Institute to prepare an annual report to the governor, chief justice, and legislative council before December 1 of each year that details certain performance measures that counties receiving grants must collect and report. 
    • Requires the Indiana Criminal Justice Institute to administer each program and fund.

Read the bill at: http://iga.in.gov/legislative/2022/bills/house/1359