CHAPTER 5. CRIMINAL LAW AND SENTENCING POLICY STUDY COMMITTEE
IC 2-5.5-5
Chapter 5. Criminal Law and Sentencing Policy Study Committee
IC 2-5.5-5-1
Establishes the criminal law and sentencing policy study committee
Sec. 1. The criminal law and sentencing policy study committeeis established.
As added by P.L.100-2010, SEC.1.
IC 2-5.5-5-2
Membership
Sec. 2. The committee consists of fourteen (14) membersappointed as follows:
(1) Four (4) members of the senate, not more than two (2) ofwhom may be affiliated with the same political party, appointedby the president pro tempore of the senate.
(2) Four (4) members of the house of representatives, not morethan two (2) of whom may be affiliated with the same politicalparty, appointed by the speaker of the house of representatives.
(3) The executive director of the prosecuting attorneys councilof Indiana or the executive director's designee.
(4) The executive director of the public defender council ofIndiana or the executive director's designee.
(5) One (1) person who:
(A) has experience in administering probation programs; and
(B) is a member of the Probation Officers' ProfessionalAssociation of Indiana;
appointed by the members of the Association.
(6) One (1) circuit or superior court judge who exercisescriminal or juvenile jurisdiction, appointed by the chief justiceof the supreme court.
(7) The commissioner of the department of correction.
(8) The chairman of the parole board.
As added by P.L.100-2010, SEC.1.
IC 2-5.5-5-3
Chairman
Sec. 3. The chairman of the legislative council shall appoint alegislative member of the committee to serve as chair of thecommittee. Whenever there is a new chairman of the legislativecouncil, the new chairman may remove the chair of the committeeand appoint another chair.
As added by P.L.100-2010, SEC.1.
IC 2-5.5-5-4
Replacement of legislative member
Sec. 4. If a legislative member of the committee ceases to be amember of the chamber from which the member was appointed, themember also ceases to be a member of the committee.
As added by P.L.100-2010, SEC.1.
IC 2-5.5-5-5
Removal of legislative member
Sec. 5. A legislative member of the committee may be removedat any time by the appointing authority who appointed the legislativemember.
As added by P.L.100-2010, SEC.1.
IC 2-5.5-5-6
Vacancy
Sec. 6. If a vacancy exists on the committee, the appointingauthority who appointed the former member whose position is vacantshall appoint an individual to fill the vacancy.
As added by P.L.100-2010, SEC.1.
IC 2-5.5-5-7
Final report
Sec. 7. The committee shall submit a final report of the results ofits study to the legislative council before November 1 ofeven-numbered years. The report must be in an electronic formatunder IC 5-14-6.
As added by P.L.100-2010, SEC.1.
IC 2-5.5-5-8
Criminal justice institute staff support
Sec. 8. The Indiana criminal justice institute shall provide staffsupport to the committee to prepare:
(1) minutes of each meeting; and
(2) the final report.
As added by P.L.100-2010, SEC.1.
IC 2-5.5-5-9
Legislative services agency staff support
Sec. 9. The legislative services agency shall provide staff supportto the committee to:
(1) advise the committee on legal matters, criminal procedures,and legal research; and
(2) draft potential legislation.
As added by P.L.100-2010, SEC.1.
IC 2-5.5-5-10
Per diem
Sec. 10. Each member of the committee is entitled to receive thesame per diem, mileage, and travel allowances paid to individualswho serve as legislative and lay members, respectively, of interimstudy committees established by the legislative council.
As added by P.L.100-2010, SEC.1.
IC 2-5.5-5-11
Majority to take action
Sec. 11. The affirmative votes of a majority of the voting
members appointed to the committee are required for the committeeto take action on any measure, including the final report.
As added by P.L.100-2010, SEC.1.
IC 2-5.5-5-12
Rules of legislative council
Sec. 12. Except as otherwise specifically provided by this chapter,the committee shall operate under the rules of the legislative council.All funds necessary to carry out this chapter shall be paid fromappropriations to the legislative council and the legislative servicesagency.
As added by P.L.100-2010, SEC.1.
IC 2-5.5-5-13
Duties
Sec. 13. (a) The committee is established to evaluate criminallaws, sentencing laws, and policies as they relate to:
(1) the purposes of the criminal justice and corrections systems;
(2) the availability of sentencing options; and
(3) the inmate population in department of correction facilities.
If, based on the committee's evaluation under this subsection, thecommittee determines that changes are necessary or appropriate, thecommittee shall make recommendations to the general assembly forthe modification of sentencing laws and policies and for the addition,deletion, or expansion of sentencing options.
(b) The committee shall do the following:
(1) Conduct a continuing study of the laws relating to:
(A) the investigation of crimes;
(B) the prosecution of crimes;
(C) criminal procedures;
(D) alternative sentencing programs;
(E) the department of correction;
(F) parole;
(G) probation;
(H) community corrections;
(I) home detention programs;
(J) criminal registries;
(K) victim rights;
(L) the classification of criminal offenses into felony andmisdemeanor categories;
(M) sex offenders; and
(N) juvenile offenders.
(2) Study federal requirements or incentives for states to passcertain laws or establish specific programs.
(3) Determine the long range needs of the criminal justice andcorrections systems and recommend policy priorities for thosesystems.
(4) Identify critical problems in the criminal justice andcorrections systems and recommend strategies to solve theproblems. (5) Assess the cost effectiveness of the use of state and localfunds in the criminal justice and corrections systems.
(6) Propose plans, programs, and legislation for improving theeffectiveness of the criminal justice and corrections systems.
(c) The committee may study other topics assigned by thelegislative council or as directed by the committee chair. Thecommittee may meet as often as necessary.
As added by P.L.100-2010, SEC.1.