CHAPTER 2. CRIMINAL JUSTICE DATA DIVISION
IC 10-13-2
Chapter 2. Criminal Justice Data Division
IC 10-13-2-1
"Division"
Sec. 1. As used in this chapter, "division" refers to the criminaljustice data division established by section 2 of this chapter.
As added by P.L.2-2003, SEC.4.
IC 10-13-2-2
Establishment
Sec. 2. (a) The criminal justice data division is established withinthe department.
(b) The division is under the administrative control andjurisdiction of the superintendent.
(c) The superintendent may:
(1) staff the division with personnel necessary for its efficientoperation; and
(2) adopt rules to carry out the purposes of this chapter.
As added by P.L.2-2003, SEC.4.
IC 10-13-2-3
Storage and retrieval of criminal justice data; consultants
Sec. 3. (a) The division shall use the most current equipment,methods, and systems for the rapid storage and retrieval of criminaljustice data necessary for an effective criminal justice system withinIndiana.
(b) The superintendent may hire consultants to advise thesuperintendent in the most efficient means of establishing, funding,and maintaining the criminal justice data system with the ultimatepurpose of extending the services and benefits of the system to allgovernmental agencies of the state and its political subdivisionshaving a need for the data.
As added by P.L.2-2003, SEC.4.
IC 10-13-2-4
Purpose
Sec. 4. The division shall be organized and administered to fulfillthe following purposes:
(1) To inform the public and responsible governmental officialsas to the nature of the crime problem, its magnitude, and itstrend over time.
(2) To measure the effects of prevention and deterrenceprograms, ranging from community action to police patrol.
(3) To find out who commits crimes by age, sex, family status,income, ethnic and residential background, and other socialattributes, to find the proper focus of crime preventionprograms.
(4) To measure the workload and effectiveness of all agenciesof the criminal justice system, both individually and as an
integrated system.
(5) To analyze the factors contributing to success and failure ofprobation, parole, and other correctional alternatives for variouskinds of offenders.
(6) To provide criminal justice agencies with comparativenorms of performance.
(7) To furnish baseline data for research.
(8) To compute the costs of crime in terms of economic injuryinflicted upon communities and individuals, as well as to assessthe direct public expenditures by criminal justice agencies.
(9) To project expected crime rates and their consequences intothe future for more enlightened government planning.
As added by P.L.2-2003, SEC.4.
IC 10-13-2-5
Duties
Sec. 5. (a) The division, under the supervision and direction of thesuperintendent and in accordance with the rules adopted under thischapter, shall do the following:
(1) Collect data necessary for the accomplishment of thepurposes of this chapter from all persons and agenciesmentioned in section 6 of this chapter.
(2) Prepare and distribute to all the persons and agencies theforms to be used in reporting data to the division. The formsalso must provide for items of information needed by federalbureaus, agencies, or departments engaged in the developmentof national criminal statistics.
(3) Prescribe the form and content of records to be kept by thepersons and agencies to ensure the correct reporting of data tothe division.
(4) Instruct the persons and agencies in the installation,maintenance, and use of records and equipment and in themanner of reporting to the division.
(5) Tabulate, analyze, and interpret the data collected.
(6) Supply data, upon request, to federal bureaus, agencies, ordepartments engaged in collecting and analyzing nationalcriminal statistics.
(7) Present the following to the governor:
(A) Before July 1 of each year, a printed report containingthe criminal statistics of the preceding calendar year.
(B) At other times the superintendent considers necessary orthe governor requests, reports on public aspects of criminalstatistics in a sufficiently general distribution for publicenlightenment.
(b) The division may not obtain data under this chapter except thatwhich is a public record, and all laws regulating privacy or restrictinguse of the data apply to any data collected.
(c) The division may accept data and reports from agencies otherthan those required to report under this chapter if the data and reportsare consistent with the purposes of this chapter.As added by P.L.2-2003, SEC.4. Amended by P.L.97-2004, SEC.41.
IC 10-13-2-6
Public officials; cooperation with division
Sec. 6. (a) If requested by the division, a public official or publicagency dealing with crime or criminals or with delinquency ordelinquents shall do the following:
(1) Install and maintain records needed for reporting datarequired by the division.
(2) Report to the division, as and when prescribed, all datarequested.
(3) Give the accredited agents of the division access to therecords for the purpose of inspection.
(4) Cooperate with the division to the end that its duties may beproperly performed.
(b) An official required under this chapter to furnish reports,information, or statistics to the criminal justice data division or aperson employed by the official is not liable in any action arising outof having furnished the information in a manner as may be requiredby this chapter or the rules adopted under this chapter.
As added by P.L.2-2003, SEC.4.
IC 10-13-2-7
Equipment methods and systems; compatibility
Sec. 7. As far as is practicable, the equipment methods andsystems used by the criminal justice data division must be compatiblewith those used by similar agencies in other states and the federalgovernment so that data necessary for interstate, national, andinternational criminal justice is readily available.
As added by P.L.2-2003, SEC.4.
IC 10-13-2-8
Commission and advisory council; planning agency
Sec. 8. In the administration of the division, the superintendentshall have the advice and assistance of the criminal justicecommission and advisory council and the criminal justice planningagency.
As added by P.L.2-2003, SEC.4.
IC 10-13-2-9
Adoption of rules
Sec. 9. (a) The superintendent shall adopt rules necessary toaccomplish the purposes of this chapter.
(b) In formulating the rules, the superintendent shall have theadvice and assistance of the criminal justice advisory committeeestablished by section 10 of this chapter.
As added by P.L.2-2003, SEC.4.
IC 10-13-2-10
Criminal justice advisory committee; composition; meetings Sec. 10. (a) The criminal justice advisory committee isestablished.
(b) The committee consists of the following persons or theirdesignated representatives:
(1) The superintendent, who shall act as chairman.
(2) The attorney general.
(3) The executive director of the criminal justice planningagency.
(4) The commissioner of corrections.
(5) One (1) county sheriff serving in the sheriff's second orsubsequent term of office.
(6) One (1) chief of police with at least two (2) years ofexperience as chief.
(7) One (1) prosecuting attorney in the prosecuting attorney'ssecond or subsequent term of office.
(8) One (1) judge of a court of general criminal jurisdiction.
(9) The executive director of the law enforcement trainingacademy.
(10) A criminologist or forensic scientist.
(c) A member of the committee:
(1) must be appointed by the governor on a nonpartisan basis;and
(2) shall serve at the pleasure of the governor.
(d) A member of the committee serves without compensationexcept per diem as provided by law.
(e) The committee shall meet as often as is considered necessaryby the superintendent to formulate or revise rules for the statewideoperation of the criminal justice data division.
As added by P.L.2-2003, SEC.4.
IC 10-13-2-11
Reports and analyses
Sec. 11. The division shall, within the limits of time andmanpower, comply with all reasonable requests for periodic reportsand analysis of data as may be made by any officer or agencyrequired to report data that is necessary for the proper performanceof the duties of the officer or agency.
As added by P.L.2-2003, SEC.4.
IC 10-13-2-12
Intent of chapter; violations; penalties
Sec. 12. (a) It is the intent of the general assembly in enacting thischapter to provide information and data with reference to the totalcriminal justice system that will be equally beneficial to all officers,agencies, and components of the criminal justice system to betterperform their respective duties for the overall improvement ofcriminal justice. Rules adopted under this chapter shall be drafted toexpress this intent.
(b) If a public official:
(1) is required by the rules to report to the division; and (2) fails to comply with:
(A) the requests of the superintendent for information ordata; or
(B) the rules governing records and systems and equipmentand their maintenance;
the director of the criminal justice planning agency may deny thepublic official the benefits of the system until the public officialcomplies with the rules.
(c) An official who knowingly, intentionally, or recklessly makesa false return of information to the division commits a Class Amisdemeanor.
As added by P.L.2-2003, SEC.4. Amended by P.L.115-2003, SEC.10.
IC 10-13-2-13
Access to information in criminal justice information system
Sec. 13. Subject to policies adopted by the superintendentconcerning the disclosure of law enforcement records, the divisionshall provide access to information in any criminal justiceinformation system that is used to locate an individual for purposesrelating to law enforcement to:
(1) the child support bureau; or
(2) a prosecuting attorney, private attorney, or private entityoperating under an agreement or contract described inIC 31-25-4-13.1.
As added by P.L.80-2010, SEC.14.