CHAPTER 6. INDIANA CRIMINAL JUSTICE INSTITUTE
IC 5-2-6
Chapter 6. Indiana Criminal Justice Institute
IC 5-2-6-1
Definitions
Sec. 1. As used in this chapter:
"Criminal justice" includes activities concerning:
(1) the prevention or reduction of criminal offenses;
(2) the enforcement of criminal law;
(3) the apprehension, prosecution, and defense of personsaccused of crimes;
(4) the disposition of convicted persons, including corrections,rehabilitation, probation, and parole; and
(5) the participation of members of the community incorrections.
"Entitlement jurisdictions" include the state and certain localgovernmental units as defined in Section 402(a) of the Omnibus Act.
"Institute" means the Indiana criminal justice institute.
"Juvenile justice" includes activities concerning:
(1) the prevention or reduction of juvenile delinquency;
(2) the apprehension and adjudication of juvenile offenders;
(3) the disposition of juvenile offenders including protectivetechniques and practices;
(4) the prevention of child abuse and neglect; and
(5) the discovery, protection, and disposition of children in needof services.
"Juvenile Justice Act" means the Juvenile Justice andDelinquency Prevention Act of 1974 and any amendments made tothat act.
"Local governmental entities" include:
(1) trial courts; and
(2) political subdivisions (as defined in IC 36-1-2-13).
"Omnibus Act" means the Omnibus Crime Control and SafeStreets Act of 1968 and any amendments made to that act.
"Trustees" refers to the board of trustees of the institute.
As added by P.L.46-1983, SEC.1. Amended by P.L.116-2002, SEC.3;P.L.140-2006, SEC.1 and P.L.173-2006, SEC.1.
IC 5-2-6-2
Acceptance of federal act
Sec. 2. The state accepts the provisions and benefits of theOmnibus Act. The governor may administer and coordinate theactivities of state departments, state agencies, and local governmentalentities with respect to the Omnibus Act.
As added by P.L.46-1983, SEC.1.
IC 5-2-6-3
Duties of institute
Sec. 3. The institute is established to do the following:
(1) Evaluate state and local programs associated with: (A) the prevention, detection, and solution of criminaloffenses;
(B) law enforcement; and
(C) the administration of criminal and juvenile justice.
(2) Improve and coordinate all aspects of law enforcement,juvenile justice, and criminal justice in this state.
(3) Stimulate criminal and juvenile justice research.
(4) Develop new methods for the prevention and reduction ofcrime.
(5) Prepare applications for funds under the Omnibus Act andthe Juvenile Justice Act.
(6) Administer victim and witness assistance funds.
(7) Administer the traffic safety functions assigned to theinstitute under IC 9-27-2.
(8) Compile and analyze information and disseminate theinformation to persons who make criminal justice decisions inthis state.
(9) Serve as the criminal justice statistical analysis center forthis state.
(10) Identify grants and other funds that can be used by thedepartment of correction to carry out its responsibilitiesconcerning sex or violent offender registration under IC 11-8-8.
(11) Administer the application and approval process fordesignating an area of a consolidated or second class city as apublic safety improvement area under IC 36-8-19.5.
(12) Develop and maintain a meth watch program to informretailers and the public about illicit methamphetamineproduction, distribution, and use in Indiana.
(13) Establish, maintain, and operate, subject to specificappropriation by the general assembly, a web site containing alist of properties (as defined in IC 5-2-6-19(b)) that have beenused as the site of a methamphetamine laboratory.
(14) Develop and manage the gang crime witness protectionprogram established by section 21 of this chapter.
(15) Identify grants and other funds that can be used to fund thegang crime witness protection program.
(16) After December 31, 2008, administer the licensing of:
(A) commercial driver training schools; and
(B) instructors at commercial driver training schools.
(17) Administer any sexual offense services.
(18) Administer domestic violence programs.
(19) Administer assistance to victims of human sexualtrafficking offenses as provided in IC 35-42-3.5-4.
(20) Administer the domestic violence prevention and treatmentfund under IC 5-2-6.7.
(21) Administer the family violence and victim assistance fundunder IC 5-2-6.8.
(22) Administer and provide staff support to the lawenforcement, school policing, and youth work group underIC 5-2-6.9.As added by P.L.46-1983, SEC.1. Amended by P.L.33-1985, SEC.3;P.L.39-1993, SEC.2; P.L.46-1993, SEC.1; P.L.11-1994, SEC.5;P.L.21-1994, SEC.1; P.L.36-1997, SEC.1; P.L.56-1998, SEC.4;P.L.238-2001, SEC.3; P.L.116-2002, SEC.4; P.L.192-2005, SEC.1;P.L.140-2006, SEC.2 and P.L.173-2006, SEC.2; P.L.186-2007,SEC.3; P.L.192-2007, SEC.1; P.L.216-2007, SEC.1; P.L.3-2008,SEC.18; P.L.107-2008, SEC.1; P.L.130-2009, SEC.1; P.L.74-2010,SEC.1.
IC 5-2-6-3.5
Repealed
(Repealed by P.L.140-2006, SEC.41 and P.L.173-2006, SEC.55.)
IC 5-2-6-4
Board of trustees; membership; terms
Sec. 4. (a) The board of trustees is composed of:
(1) the governor, or his designee, who shall act as chairman;
(2) the attorney general, or his designee;
(3) the superintendent of state police, or his designee;
(4) the commissioner of the department of correction, or hisdesignee;
(5) the executive director of the prosecuting attorneys council;
(6) the executive director of the judicial center;
(7) the executive director of the public defenders council;
(8) the state public defender;
(9) eight (8) persons who are appointed by and who serve at thepleasure of the governor, including:
(A) one (1) sheriff;
(B) one (1) chief of police;
(C) one (1) judge of a court with both juvenile jurisdictionand general criminal jurisdiction; and
(D) five (5) citizens who have manifested an interest incriminal or juvenile justice, one (1) of whom shall be amember of the state advisory group under the JuvenileJustice Act.
(b) The president pro tempore of the senate, or a senatorappointed by him, and the speaker of the house of representatives, ora representative appointed by him, may serve as nonvoting advisorsto the trustees.
(c) Trustees appointed by the governor serve an initial three (3)year term and may be reappointed for additional terms. Theadditional terms may be four (4) years in length.
(d) Membership on the board of trustees does not constituteholding a public office.
As added by P.L.46-1983, SEC.1.
IC 5-2-6-5
Board of trustees; duties; meetings; compensation; research andinformation consortium
Sec. 5. (a) The institute is composed of: (1) the trustees; and
(2) a research and information consortium.
(b) The trustees shall:
(1) evaluate and disseminate to the public informationconcerning the cost and effectiveness of the criminal andjuvenile justice systems;
(2) promote coordination and cooperation for the effectiveadministration of the criminal and juvenile justice systems;
(3) establish plans for the criminal and juvenile justice systemsand make recommendations concerning the implementation ofthese plans;
(4) encourage and assist in the organization of an academicconsortium for the purpose of engaging in research;
(5) receive, expend, and account for state funds made availablefor the purposes of this chapter;
(6) apply for and accept gifts and grants (which must beadministered as public funds) made for the purposes of thischapter;
(7) enter into lawful agreements as required as a condition forreceiving gifts, grants, or other funds for the purposes of thischapter;
(8) employ a director (or directors of divisions) and anynecessary staff;
(9) adopt rules, under IC 4-22-2, necessary to carry out thepurposes of this chapter; and
(10) promulgate guidelines concerning participation in theresearch and information consortium.
(c) The research and information consortium is composed of stateeducational institutions that are engaged in criminal or juvenilejustice research under the direction of the trustees. A state or localgovernmental entity may participate in the consortium. Theconsortium shall act as an advisory body to the institute and performother related functions as requested by the trustees.
(d) The trustees shall meet quarterly and at such times as calledby the chairman. A majority of the trustees constitutes a quorum fordoing business. A majority vote of the trustees is required forpassage of any matter put to a vote. The trustees shall establishprocedures and requirements with respect to the place and conductof their meetings.
(e) A trustee is not entitled to the minimum salary per diem asprovided in IC 4-10-11-2.1(b) while performing the trustee's duties.A trustee is entitled to reimbursement for traveling expenses andother expenses actually incurred in connection with the trustee'sduties, as provided in the state travel policies and proceduresestablished by the department of administration and approved by thestate budget agency.
As added by P.L.46-1983, SEC.1. Amended by P.L.46-1993, SEC.2;P.L.2-2007, SEC.76; P.L.3-2008, SEC.19.
IC 5-2-6-6
Board of trustees; controversies between institute and localentities; determination
Sec. 6. The trustees shall make the final determination on anycontroversy between the institute and any local governmental entityor entitlement jurisdiction on local program priorities and grants,subject to the procedures and applications for review as required bythe Omnibus Act and the Juvenile Justice Act.
As added by P.L.46-1983, SEC.1.
IC 5-2-6-7
Assistance; requests by governor
Sec. 7. The governor may request the assistance of any person,agency, entitlement jurisdiction, local governmental entity, or anystate or federal department in order to carry out the purposes of thischapter.
As added by P.L.46-1983, SEC.1.
IC 5-2-6-8
Criminal, juvenile justice, and research divisions; administration;approval of official actions
Sec. 8. (a) The institute has the following four (4) divisions:
(1) The criminal justice division.
(2) The juvenile justice division.
(3) The research division, which may be referred to as thecenter for criminal justice research and information.
(4) The victim services division.
(b) The chairman of the trustees shall assign each of the trusteesto participate in the administration of at least one (1) of the divisions.The chairman shall annually appoint four (4) vice chairmen, each ofwhom shall preside over a division of the institute.
(c) Each division shall primarily concern itself with:
(1) the operation of the criminal justice system, the juvenilejustice system, or criminal justice system related research; or
(2) the provision of victim services.
However, the trustees must approve any official action of theinstitute unless the trustees authorize a division to act with respect tospecific decisions.
As added by P.L.46-1983, SEC.1. Amended by P.L.46-1993, SEC.3;P.L.47-1993, SEC.1; P.L.2-1995, SEC.14.
IC 5-2-6-9
Repealed
(Repealed by P.L.4-1988, SEC.5.)
IC 5-2-6-10
Funds; disbursement
Sec. 10. The institute may disburse federal and state fundsavailable for the purposes of this chapter to entitlement jurisdictionsor local governmental entities if the jurisdiction or entity: (1) makes proper application for the funds;
(2) agrees to provide the required matching funds; and
(3) is in compliance with section 10.5 of this chapter.
As added by P.L.46-1983, SEC.1. Amended by P.L.44-2006, SEC.1.
IC 5-2-6-10.5
Deobligation of funds; reinstatement or reallocation of deobligatedfunds
Sec. 10.5. (a) If an entitlement jurisdiction or a local governmententity:
(1) accepts funds under section 10 of this chapter that theinstitute has designated as public funds; and
(2) fails to comply with any requirement of the grant orfunding;
the institute shall deobligate funds to the entitlement jurisdiction orlocal government entity.
(b) The institute may reinstate funds under subsection (a) if theentitlement jurisdiction or local government entity complies with therequirements of the grant or funding within six (6) months of thedeobligation of funds.
(c) If an entitlement jurisdiction or a local government entity doesnot comply with the requirements of the grant or funding within six(6) months of the deobligation of funds, the institute may reallocatethe funds.
As added by P.L.44-2006, SEC.2.
IC 5-2-6-11
Funds; joint or cooperative applications; agreements
Sec. 11. Any two (2) or more local governmental entities orentitlement jurisdictions may enter into agreements with one anotherfor joint or cooperative action for the purposes of applying for,receiving, disbursing, allocating, and accounting for grants of fundsmade available by the United States government under Section402(a)(5) of the Justice System Improvement Act of 1979, and forany state funds made available for that purpose. Such agreementsmust include the proportion of the amount of required local fundsthat shall be supplied by each such local governmental entity orentitlement jurisdiction. Such agreements may include provisions forthe appointment of any officer or employee of one (1) of the units orjurisdictions to serve as the collection and disbursement officer forall of the units.
As added by P.L.46-1983, SEC.1.
IC 5-2-6-12
Funds; actions by state for recovery
Sec. 12. If any local governmental entity or entitlementjurisdiction fails to appropriate or pay the funds that it agrees toprovide in its application for federal or state funds under this chapter,if any person fails to legally disburse or account for funds receivedunder this chapter, or if any person embezzles, misappropriates,
conceals, or obtains by fraud funds under this chapter, the instituteshall refer the matter to the attorney general. The attorney generalmay bring suit in the name of the state to recover these funds for thebenefit of the state or a local governmental entity or entitlementjurisdiction.
As added by P.L.46-1983, SEC.1. Amended by P.L.33-1985, SEC.4.
IC 5-2-6-13
Repealed
(Repealed by P.L.4-1988, SEC.5.)
IC 5-2-6-14
Victim and witness assistance fund; establishment; source; use
Sec. 14. (a) The victim and witness assistance fund is established.The institute shall administer the fund. Except as provided insubsection (e), expenditures from the fund may be made only inaccordance with appropriations made by the general assembly.
(b) The source of the victim and witness assistance fund is thefamily violence and victim assistance fund established byIC 5-2-6.8-3.
(c) The institute may use money from the victim and witnessassistance fund when awarding a grant or entering into a contractunder this chapter, if the money is used for the support of a programin the office of a prosecuting attorney or in a state or local lawenforcement agency designed to:
(1) help evaluate the physical, emotional, and personal needs ofa victim resulting from a crime, and counsel or refer the victimto those agencies or persons in the community that can providethe services needed;
(2) provide transportation for victims and witnesses of crime toattend proceedings in the case when necessary; or
(3) provide other services to victims or witnesses of crime whennecessary to enable them to participate in criminal proceedingswithout undue hardship or trauma.
(d) Money in the victim and witness assistance fund at the end ofa particular fiscal year does not revert to the general fund.
(e) The institute may use money in the fund to:
(1) pay the costs of administering the fund, includingexpenditures for personnel and data;
(2) support the registration of sex or violent offenders underIC 11-8-8 and the Indiana sex and violent offender registryestablished under IC 36-2-13-5.5;
(3) provide training for persons to assist victims; and
(4) establish and maintain a victim notification system underIC 11-8-7 if the department of correction establishes the system.
As added by P.L.33-1985, SEC.5. Amended by P.L.36-1990, SEC.1;P.L.1-1994, SEC.15; P.L.11-1994, SEC.6; P.L.56-1998, SEC.5;P.L.116-2002, SEC.6; P.L.64-2005, SEC.2; P.L.140-2006, SEC.3and P.L.173-2006, SEC.3; P.L.216-2007, SEC.2; P.L.130-2009,SEC.2.
IC 5-2-6-15
Repealed
(Repealed by P.L.12-1990, SEC.10.)
IC 5-2-6-16
"Local coordinating council"; commission for a drug free Indiana
Sec. 16. (a) As used in this chapter, "local coordinating council"means a countywide citizen body approved and appointed by thecommission for a drug free Indiana to plan, monitor, and evaluatecomprehensive local alcohol and drug abuse plans.
(b) The commission for a drug free Indiana is established(referred to in this section as "commission"). The criminal justiceinstitute may adopt rules under IC 4-22-2 to administer thecommission. The commission must consist of twenty (20) membersdescribed under subsections (d) and (e) who have distinguishedthemselves in their respective fields and who have experience or aninterest in attempting to eliminate alcohol and other drug abuse inIndiana.
(c) The commission's purpose is to improve the coordination ofalcohol and other drug abuse efforts at both the state and local levelsin an effort to eliminate duplication of efforts while ensuring thatcomprehensive alcohol and other drug programs are availablethroughout Indiana. The commission's responsibilities include thefollowing:
(1) Establishing an interagency council on drugs to coordinatethe alcohol and other drug education, prevention, treatment, andjustice programming and funding responsibilities of stateagencies, commissions, and boards including the approval ofalcohol and other drug plans and funding applications by stateagencies, commissions, and boards.
(2) Coordinating the collection of data concerning alcohol andother drug abuse and the needs, programming, and effectivenessof state supported programs and services.
(3) Maintaining a system of support to assist local coordinatingcouncils with technical assistance, guidance, or direct fundingresources.
(4) Continuing to assist the development of local coordinatingcouncils to identify community drug programs, coordinatecommunity initiatives, design comprehensive, collaborativecommunity strategies, and monitor anti-drug activities at thelocal level.
(5) Establishing roles, responsibilities, and performancestandards for the local coordinating councils.
(6) Recommending to the governor and general assembly longand short range goals, objectives, and strategies, includinglegislative proposals to be implemented on the state and locallevel to reduce drug abuse.
(7) Assisting local communities in the development of citizenbased drug related crime control efforts.
(d) The commission must be comprised of the following voting
members:
(1) The governor or the governor's designee.
(2) Fifteen (15) members appointed by the governor for a two(2) year term, who have experience or expertise in at least one(1) of the following areas:
(A) Family relations.
(B) Religion.
(C) Education.
(D) Civic or private organizations.
(E) Business.
(F) Media.
(G) Drug treatment.
(H) Medicine.
(I) Local government.
(J) Judiciary.
(K) Law enforcement.
(L) Self-help organizations.
(M) Youth.
(N) A representative of the interagency council against drugsestablished under subsection (c)(1).
(O) Labor.
(e) Four (4) members of the general assembly shall serve asnonvoting members of the commission. The president pro temporeof the senate shall appoint two (2) senators, both of whom may notbe members of the same political party. The speaker of the house ofrepresentatives shall appoint two (2) representatives, both of whommay not be members of the same political party.
(f) The governor or the governor's designee shall serve as thechairman of the commission.
(g) The commission shall meet one (1) time per month at the callof the chairman.
(h) Eight (8) voting members of the commission constitute aquorum. The commission is not prohibited from conducting businessas a result of a vacancy in the commission. In the case of a vacancy,a new appointee shall serve for the remainder of the unexpired term.A vacancy shall be filled from the same group that was representedby the outgoing member.
(i) All appointments of the commission's members are renewable.
(j) A member of the commission who is not a state employee isnot entitled to a minimum salary per diem provided byIC 4-10-11-2.1(b). The member is, however, entitled toreimbursement for traveling expenses and other expenses actuallyincurred in connection with the member's duties, as provided in thestate travel policies and procedures established by the Indianadepartment of administration and approved by the budget agency.
(k) A member of the commission who is a state employee isentitled to reimbursement for traveling expenses and other expensesactually incurred in connection with the member's duties, as providedin the state travel policies and procedures established by the Indianadepartment of administration and approved by the budget agency.As added by P.L.39-1991, SEC.1. Amended by P.L.44-2006, SEC.3.
IC 5-2-6-17
Meth watch program
Sec. 17. In consultation with the state police department and otherlaw enforcement agencies, the institute shall operate and maintain ameth watch program to inform retailers and the public about illicitmethamphetamine production, distribution, and use in Indiana.
As added by P.L.192-2005, SEC.2.
IC 5-2-6-18
Reporting of methamphetamine abuse
Sec. 18. (a) As used in this section, "institute" means the Indianacriminal justice institute established by section 3 of this chapter.
(b) The institute shall adopt:
(1) guidelines; and
(2) a reporting form or a specified electronic format, or both;
for the report of methamphetamine abuse by a law enforcementagency under IC 5-2-16.
(c) The guidelines adopted under this section must require a lawenforcement agency to report the existence of methamphetamineabuse to the institute on the form or in the specified electronic formatadopted by the institute.
(d) The guidelines adopted under this section:
(1) may incorporate a recommendation of the methamphetamineabuse task force (IC 5-2-14, expired June 30, 2007, andrepealed) that the institute determines to be relevant;
(2) may require the institute to report the informationconcerning methamphetamine abuse to one (1) or moreadditional agencies or organizations;
(3) must require the institute to maintain reports filed underIC 5-2-16 in a manner that permits an accurate assessment ofmethamphetamine abuse in Indiana; and
(4) must require a law enforcement agency to report any otherinformation that the institute determines to be relevant.
As added by P.L.151-2006, SEC.1. Amended by P.L.3-2008, SEC.20.
IC 5-2-6-19
Methamphetamine registry web site; decontaminated properties;waiting periods for listing for rental units in the process ofdecontamination
Sec. 19. (a) As used in this section, "institute" refers to theIndiana criminal justice institute established by section 3 of thischapter.
(b) As used in this section, "property" refers to a structure or partof a structure that is used as a home, residence, or sleeping unit.
(c) Subject to specific appropriation by the general assembly, theinstitute shall establish, maintain, and operate a web site containinga list of properties that have been used as the site of amethamphetamine laboratory. The list of properties shall be based on
information received from a law enforcement agency underIC 5-2-15-3.
(d) Subject to specific appropriation by the general assembly andin accordance with subsections (h) and (i), the institute shall publishthe list of properties that have been used as the site of amethamphetamine laboratory on a web site maintained by theinstitute. The institute shall design the web site to enable a user toeasily determine whether a particular property has been used as thesite of a methamphetamine laboratory. The web site shall be referredto as the "methamphetamine laboratory web site".
(e) The institute shall remove a listed property from the web siteafter the property has been certified as decontaminated by aninspector approved under IC 13-14-1-15 or not more than two (2)years after the date the methamphetamine laboratory was seized bya law enforcement agency.
(f) Notwithstanding subsection (c), if property has been certifiedas decontaminated by an inspector approved under IC 13-14-1-15before it is placed on the list required under subsection (c), theinstitute may not place the property on the list.
(g) Records concerning a listed property that has been removedfrom the web site under subsection (e) are confidential.
(h) This subsection only applies to a rental unit (as defined inIC 32-31-3-8). The institute may not list a rental unit that has beenused as the site of a methamphetamine laboratory on the web siteuntil the later of the following:
(1) Thirty (30) days after the date on which the institutereceives information from a law enforcement agency underIC 5-2-15-3 that the rental unit has been the site of amethamphetamine laboratory, if the owner or operator of therental property has not provided documentation to the instituteshowing:
(A) that the property has been inspected by a person certifiedto inspect property that is polluted by a contaminant underIC 13-14-1-15; and
(B) that the owner or operator has begun the process ofdecontaminating the property.
(2) If the owner or operator of the rental unit provides thedocumentation described in subdivision (1)(A) and (1)(B) notlater than thirty (30) days after the date on which the institutereceives information from a law enforcement agency underIC 5-2-15-3 that the rental unit has been the site of amethamphetamine laboratory, one hundred eighty (180) daysafter the date on which the institute receives information froma law enforcement agency that the rental unit has been the siteof a methamphetamine laboratory.
However, if the owner or operator provides documentation to theinstitute within the appropriate time period described in subdivision(1) or (2) that a person authorized to inspect property that is pollutedby a contaminant under IC 13-14-1-15 has certified that the propertyis decontaminated or was not contaminated by a methamphetamine
laboratory, the institute may not list the property on the web site.
(i) This subsection only applies to a rental unit (as defined inIC 32-31-3-8). The institute shall remove a rental unit listed on theweb site not more than five (5) days after receiving documentationfrom the owner or operator of the rental property that:
(1) the property has been inspected by a person certified toinspect property that is polluted by a contaminant underIC 13-14-1-15; and
(2) that the owner or operator has begun the process ofdecontaminating the property.
The institute shall relist the rental unit on the web site not less thanone hundred fifty (150) days after receiving documentation describedin subdivisions (1) and (2), unless the owner or operator of the rentalproperty provides documentation to the institute that a personauthorized to inspect property that is polluted by a contaminant underIC 13-14-1-15 has certified that the property is decontaminated orwas not contaminated by a methamphetamine laboratory.
As added by P.L.186-2007, SEC.4.
IC 5-2-6-20
Methamphetamine precursor data base pilot project; duty to seekfederal funds and operate project if funds available; restrictedaccess to information maintained in the data base
Sec. 20. (a) The institute shall:
(1) attempt to obtain federal funds to establish and operate amethamphetamine precursor data base pilot project under thissection; and
(2) if the institute obtains sufficient federal funds undersubdivision (1), operate and maintain the pilot project.
(b) A pilot project established under this section must connectpersons who:
(1) sell a drug that contains the active ingredient of ephedrineor pseudoephedrine, or both; and
(2) record drug sales information in an electronic log underIC 35-48-4-14.7(c);
to an electronic monitoring system that transfers the drug salesinformation to a central data base at the same time the drug salesinformation is recorded in the electronic log. Drug sales informationmay be transferred to the central data base from not more than six (6)counties under a pilot project established under this section.
(c) Only a law enforcement officer who has the right to inspectand copy a log or the records from the completion of a log underIC 35-48-4-14.7(c) may have access to information stored in thecentral data base described in subsection (b). A person may not sellor release information in the central data base for a commercialpurpose.
(d) Information stored in a central data base established under thissection must be retained until June 30, 2012.
(e) This section expires June 30, 2012.
As added by P.L.186-2007, SEC.5.
IC 5-2-6-21
Gang crime witness protection program
Sec. 21. (a) The gang crime witness protection program isestablished.
(b) The gang crime witness protection program shall be developedand maintained to assist witnesses of gang crimes with:
(1) temporary living costs;
(2) moving expenses;
(3) rent;
(4) security deposits; and
(5) other appropriate expenses of relocation or transitionalhousing.
(c) The institute shall develop and maintain procedures to awardfunds for the purposes described in subsection (b) to an individualwho witnesses a gang crime.
(d) The institute shall adopt rules under IC 4-22-2 to implementthis section.
(e) The director of the Indiana criminal justice institute may delaythe implementation of this section until the earlier of the following:
(1) A date set by the director.
(2) The date funding becomes available by a grant through thecriminal justice institute or by an appropriation from the generalassembly.
If the director of the criminal justice institute delays implementationof this section, the director shall notify each prosecuting attorney ofthe director's action.
As added by P.L.192-2007, SEC.2.
IC 5-2-6-22
Gang crime witness protection fund
Sec. 22. (a) The gang crime witness protection fund is established.The institute shall administer the fund.
(b) The fund consists of:
(1) money identified and obtained by the institute undersubsection (d);
(2) appropriations made to the fund by the general assembly;and
(3) grants, gifts, and donations to the fund.
(c) The institute shall use money in the fund for costs describedin section 21(b) of this chapter.
(d) The institute shall identify and obtain grants and other fundsthat can be used to fund the gang crime witness protection programunder section 21 of this chapter.
(e) Money in the gang crime witness protection fund at the end ofa state fiscal year does not revert to the state general fund.
As added by P.L.192-2007, SEC.3.
IC 5-2-6-23
Sexual assault victim advocate standards and certification board;sexual assault victim assistance account Sec. 23. (a) As used in this section, "board" refers to the sexualassault victim advocate standards and certification board establishedby subsection (c).
(b) As used in this section, "rape crisis center" means anorganization that provides a full continuum of services, includinghotlines, victim advocacy, and support services from the onset of theneed for services through the completion of healing, to victims ofsexual assault.
(c) The sexual assault victim advocate standards and certificationboard is established. The board consists of the following twelve (12)members appointed by the governor:
(1) A member recommended by the prosecuting attorneyscouncil of Indiana.
(2) A member from law enforcement.
(3) A member representing a rape crisis center.
(4) A member recommended by the Indiana Coalition AgainstSexual Assault.
(5) A member representing mental health professionals.
(6) A member representing hospital administration.
(7) A member who is a health care professional (as defined inIC 16-27-1-1) qualified in forensic evidence collection andrecommended by the Indiana chapter of the InternationalAssociation of Forensic Nurses.
(8) A member who is an employee of the Indiana criminaljustice institute.
(9) A member who is a survivor of sexual violence.
(10) A member who is a physician (as defined inIC 25-22.5-1-1.1) with experience in examining sexually abusedchildren.
(11) A member who is an employee of the office of thesecretary of family and social services.
(12) A member who is an employee of the state department ofhealth, office of women's health.
(d) Members of the board serve a four (4) year term. Not morethan seven (7) members appointed under this subsection may be ofthe same political party.
(e) The board shall meet at the call of the chairperson. Seven (7)members of the board constitute a quorum. The affirmative vote ofat least seven (7) members of the board is required for the board totake any official action.
(f) The board shall:
(1) develop standards for certification as a sexual assault victimadvocate;
(2) set fees that cover the costs for the certification process;
(3) adopt rules under IC 4-22-2 to implement this section;
(4) administer the sexual assault victims assistance accountestablished by subsection (h); and
(5) certify sexual assault victim advocates to provide advocacyservices.
(g) Members of the board may not receive a salary per diem.
Members of the board are entitled to receive reimbursement formileage for attendance at meetings. Any other funding for the boardis paid at the discretion of the director of the office of managementand budget.
(h) The sexual assault victims assistance account is establishedwithin the state general fund. The board shall administer the accountto provide financial assistance to rape crisis centers. Money in theaccount must be distributed to a statewide nonprofit sexual assaultcoalition as designated by the federal Centers for Disease Controland Prevention under 42 U.S.C. 280 et seq. The account consists of:
(1) amounts transferred to the account from sexual assaultvictims assistance fees collected under IC 33-37-5-23;
(2) appropriations to the account from other sources;
(3) fees collected for certification by the board;
(4) grants, gifts, and donations intended for deposit in theaccount; and
(5) interest accruing from the money in the account.
(i) The expenses of administering the account shall be paid frommoney in the account. The board shall designate not more than tenpercent (10%) of the appropriation made each year to the nonprofitcorporation for program administration. The board may not use morethan ten percent (10%) of the money collected from certification feesto administer the certification program.
(j) The treasurer of state shall invest the money in the account notcurrently needed to meet the obligations of the account in the samemanner as other public money may be invested.
(k) Money in the account at the end of a state fiscal year does notrevert to the state general fund.
(l) The governor shall appoint a member of the commission eachyear to serve a one (1) year term as chairperson of the board.
As added by P.L.104-2008, SEC.4. Amended by P.L.1-2009, SEC.15.