IC 31-37-11
Chapter 11. Time Limits for Petitions; Motions for Continuance
IC 31-37-11-1 Time for filing petition alleging delinquency of child in detention
Sec. 1. If a child is in detention, a petition alleging delinquency
must be filed not later than seven (7) days, excluding Saturdays,
Sundays, and legal holidays, after the child is taken into custody. As added by P.L.1-1997, SEC.20.
IC 31-37-11-2 Time for factfinding hearing or waiver hearing
Sec. 2. (a) If:
(1) a child is in detention; and
(2) a petition has been filed;
a fact-finding hearing or a waiver hearing must be commenced not
later than twenty (20) days, excluding Saturdays, Sundays, and legal
holidays, after the petition is filed.
(b) If:
(1) a child is not in detention; and
(2) a petition has been filed;
the hearing must be commenced not later than sixty (60) days,
excluding Saturdays, Sundays, and legal holidays, after the petition
is filed.
(c) A child who is ordered detained in the home of the child's
parent, guardian, or custodian or who is subject to other conditions
of release under IC 31-37-6-6 may not be considered as being
detained for purposes of this section. As added by P.L.1-1997, SEC.20. Amended by P.L.188-1999, SEC.3.
IC 31-37-11-3 Waiver denied; time for factfinding hearing
Sec. 3. If waiver is denied, the factfinding hearing must be
commenced not later than ten (10) days, excluding Saturdays,
Sundays, and legal holidays, after the denial. As added by P.L.1-1997, SEC.20.
IC 31-37-11-4 Waiver granted; computation of time
Sec. 4. If waiver is granted, the computation of time under
Criminal Rule 4 commences on the date of the waiver order. As added by P.L.1-1997, SEC.20.
IC 31-37-11-5 Answer to petition alleging delinquency exceeding one year in
aggregate
Sec. 5. A child may not be required to answer a petition alleging
that the child is a delinquent child for more than one (1) year in
aggregate. As added by P.L.1-1997, SEC.20. IC 31-37-11-6 Effect of continuances and actions of child on computation of time
Sec. 6. Times specified in sections 2 and 3 of this chapter shall be
computed excluding delays resulting from any of the following:
(1) Continuances granted on the child's motion.
(2) The actions of the child.
(3) Congestion of the court calendar if the prosecuting attorney
moves for a continuance not later than three (3) days before the
hearing, except that a motion may be filed less than three (3)
days before the hearing if the prosecuting attorney shows that
the delay was not the fault of the state. As added by P.L.1-1997, SEC.20.
IC 31-37-11-7 Release for noncompliance with time limits
Sec. 7. If:
(1) a child is in detention; and
(2) the times in sections 1, 2, and 3 of this chapter are not
followed;
the child shall be released on the child's own recognizance or to the
child's parents, guardian, or custodian. As added by P.L.1-1997, SEC.20.
IC 31-37-11-8 Prosecuting attorney's motion for continuance because of absence
of witness
Sec. 8. (a) If a child moves for discharge, the prosecuting attorney
may move for a continuance of the factfinding hearing or waiver
hearing because of the absence of a witness if the prosecuting
attorney makes an official statement:
(1) setting forth the name and address of the witness if known;
(2) indicating the probability of procuring the witness's
testimony within a reasonable time;
(3) showing that the absence of the witness has not been
procured by the act of the prosecuting attorney;
(4) stating the facts to which the prosecuting attorney believes
the witness will testify and the prosecuting attorney's belief that
the facts are true; and
(5) stating that the prosecuting attorney is unable to prove the
facts specified under subdivision (4) through the use of any
other witness whose testimony may be as readily procured.
(b) Upon the child's request, the court shall order that the
prosecuting attorney's motion and official statement be made in
writing. As added by P.L.1-1997, SEC.20.
IC 31-37-11-9 Order for continuance; grounds; discharge for failure to timely
commence hearing
Sec. 9. (a) Upon a motion for a continuance under section 8 of this
chapter, the court may continue the factfinding hearing or the waiver
hearing for not more than ninety (90) days. However, the hearing
may not be continued if, after the prosecuting attorney moves for the
continuance as the result of:
(1) a witness's absence, the child admits that the absent witness
would testify to the facts alleged in the prosecuting attorney's
official statement; or
(2) the unavailability of written or documentary evidence, the
child admits that the written or documentary evidence exists.
(b) If the hearing is not commenced within the ninety (90) day
period required by this section, the court shall discharge the child. As added by P.L.1-1997, SEC.20.
IC 31-37-11-10 Child causing delay; extension of time period
Sec. 10. (a) Except as provided in subsection (b), if:
(1) a continuance is granted on a child's motion; or
(2) the proceedings are delayed by a child's act;
a time period is extended by the amount of the resulting delay.
(b) If a child causes a delay during the last thirty (30) days of a
time period, the state may petition the court for an additional thirty
(30) day extension. As added by P.L.1-1997, SEC.20.
IC 31-37-11
Chapter 11. Time Limits for Petitions; Motions for Continuance
IC 31-37-11-1 Time for filing petition alleging delinquency of child in detention
Sec. 1. If a child is in detention, a petition alleging delinquency
must be filed not later than seven (7) days, excluding Saturdays,
Sundays, and legal holidays, after the child is taken into custody. As added by P.L.1-1997, SEC.20.
IC 31-37-11-2 Time for factfinding hearing or waiver hearing
Sec. 2. (a) If:
(1) a child is in detention; and
(2) a petition has been filed;
a fact-finding hearing or a waiver hearing must be commenced not
later than twenty (20) days, excluding Saturdays, Sundays, and legal
holidays, after the petition is filed.
(b) If:
(1) a child is not in detention; and
(2) a petition has been filed;
the hearing must be commenced not later than sixty (60) days,
excluding Saturdays, Sundays, and legal holidays, after the petition
is filed.
(c) A child who is ordered detained in the home of the child's
parent, guardian, or custodian or who is subject to other conditions
of release under IC 31-37-6-6 may not be considered as being
detained for purposes of this section. As added by P.L.1-1997, SEC.20. Amended by P.L.188-1999, SEC.3.
IC 31-37-11-3 Waiver denied; time for factfinding hearing
Sec. 3. If waiver is denied, the factfinding hearing must be
commenced not later than ten (10) days, excluding Saturdays,
Sundays, and legal holidays, after the denial. As added by P.L.1-1997, SEC.20.
IC 31-37-11-4 Waiver granted; computation of time
Sec. 4. If waiver is granted, the computation of time under
Criminal Rule 4 commences on the date of the waiver order. As added by P.L.1-1997, SEC.20.
IC 31-37-11-5 Answer to petition alleging delinquency exceeding one year in
aggregate
Sec. 5. A child may not be required to answer a petition alleging
that the child is a delinquent child for more than one (1) year in
aggregate. As added by P.L.1-1997, SEC.20. IC 31-37-11-6 Effect of continuances and actions of child on computation of time
Sec. 6. Times specified in sections 2 and 3 of this chapter shall be
computed excluding delays resulting from any of the following:
(1) Continuances granted on the child's motion.
(2) The actions of the child.
(3) Congestion of the court calendar if the prosecuting attorney
moves for a continuance not later than three (3) days before the
hearing, except that a motion may be filed less than three (3)
days before the hearing if the prosecuting attorney shows that
the delay was not the fault of the state. As added by P.L.1-1997, SEC.20.
IC 31-37-11-7 Release for noncompliance with time limits
Sec. 7. If:
(1) a child is in detention; and
(2) the times in sections 1, 2, and 3 of this chapter are not
followed;
the child shall be released on the child's own recognizance or to the
child's parents, guardian, or custodian. As added by P.L.1-1997, SEC.20.
IC 31-37-11-8 Prosecuting attorney's motion for continuance because of absence
of witness
Sec. 8. (a) If a child moves for discharge, the prosecuting attorney
may move for a continuance of the factfinding hearing or waiver
hearing because of the absence of a witness if the prosecuting
attorney makes an official statement:
(1) setting forth the name and address of the witness if known;
(2) indicating the probability of procuring the witness's
testimony within a reasonable time;
(3) showing that the absence of the witness has not been
procured by the act of the prosecuting attorney;
(4) stating the facts to which the prosecuting attorney believes
the witness will testify and the prosecuting attorney's belief that
the facts are true; and
(5) stating that the prosecuting attorney is unable to prove the
facts specified under subdivision (4) through the use of any
other witness whose testimony may be as readily procured.
(b) Upon the child's request, the court shall order that the
prosecuting attorney's motion and official statement be made in
writing. As added by P.L.1-1997, SEC.20.
IC 31-37-11-9 Order for continuance; grounds; discharge for failure to timely
commence hearing
Sec. 9. (a) Upon a motion for a continuance under section 8 of this
chapter, the court may continue the factfinding hearing or the waiver
hearing for not more than ninety (90) days. However, the hearing
may not be continued if, after the prosecuting attorney moves for the
continuance as the result of:
(1) a witness's absence, the child admits that the absent witness
would testify to the facts alleged in the prosecuting attorney's
official statement; or
(2) the unavailability of written or documentary evidence, the
child admits that the written or documentary evidence exists.
(b) If the hearing is not commenced within the ninety (90) day
period required by this section, the court shall discharge the child. As added by P.L.1-1997, SEC.20.
IC 31-37-11-10 Child causing delay; extension of time period
Sec. 10. (a) Except as provided in subsection (b), if:
(1) a continuance is granted on a child's motion; or
(2) the proceedings are delayed by a child's act;
a time period is extended by the amount of the resulting delay.
(b) If a child causes a delay during the last thirty (30) days of a
time period, the state may petition the court for an additional thirty
(30) day extension. As added by P.L.1-1997, SEC.20.
IC 31-37-11
Chapter 11. Time Limits for Petitions; Motions for Continuance
IC 31-37-11-1 Time for filing petition alleging delinquency of child in detention
Sec. 1. If a child is in detention, a petition alleging delinquency
must be filed not later than seven (7) days, excluding Saturdays,
Sundays, and legal holidays, after the child is taken into custody. As added by P.L.1-1997, SEC.20.
IC 31-37-11-2 Time for factfinding hearing or waiver hearing
Sec. 2. (a) If:
(1) a child is in detention; and
(2) a petition has been filed;
a fact-finding hearing or a waiver hearing must be commenced not
later than twenty (20) days, excluding Saturdays, Sundays, and legal
holidays, after the petition is filed.
(b) If:
(1) a child is not in detention; and
(2) a petition has been filed;
the hearing must be commenced not later than sixty (60) days,
excluding Saturdays, Sundays, and legal holidays, after the petition
is filed.
(c) A child who is ordered detained in the home of the child's
parent, guardian, or custodian or who is subject to other conditions
of release under IC 31-37-6-6 may not be considered as being
detained for purposes of this section. As added by P.L.1-1997, SEC.20. Amended by P.L.188-1999, SEC.3.
IC 31-37-11-3 Waiver denied; time for factfinding hearing
Sec. 3. If waiver is denied, the factfinding hearing must be
commenced not later than ten (10) days, excluding Saturdays,
Sundays, and legal holidays, after the denial. As added by P.L.1-1997, SEC.20.
IC 31-37-11-4 Waiver granted; computation of time
Sec. 4. If waiver is granted, the computation of time under
Criminal Rule 4 commences on the date of the waiver order. As added by P.L.1-1997, SEC.20.
IC 31-37-11-5 Answer to petition alleging delinquency exceeding one year in
aggregate
Sec. 5. A child may not be required to answer a petition alleging
that the child is a delinquent child for more than one (1) year in
aggregate. As added by P.L.1-1997, SEC.20. IC 31-37-11-6 Effect of continuances and actions of child on computation of time
Sec. 6. Times specified in sections 2 and 3 of this chapter shall be
computed excluding delays resulting from any of the following:
(1) Continuances granted on the child's motion.
(2) The actions of the child.
(3) Congestion of the court calendar if the prosecuting attorney
moves for a continuance not later than three (3) days before the
hearing, except that a motion may be filed less than three (3)
days before the hearing if the prosecuting attorney shows that
the delay was not the fault of the state. As added by P.L.1-1997, SEC.20.
IC 31-37-11-7 Release for noncompliance with time limits
Sec. 7. If:
(1) a child is in detention; and
(2) the times in sections 1, 2, and 3 of this chapter are not
followed;
the child shall be released on the child's own recognizance or to the
child's parents, guardian, or custodian. As added by P.L.1-1997, SEC.20.
IC 31-37-11-8 Prosecuting attorney's motion for continuance because of absence
of witness
Sec. 8. (a) If a child moves for discharge, the prosecuting attorney
may move for a continuance of the factfinding hearing or waiver
hearing because of the absence of a witness if the prosecuting
attorney makes an official statement:
(1) setting forth the name and address of the witness if known;
(2) indicating the probability of procuring the witness's
testimony within a reasonable time;
(3) showing that the absence of the witness has not been
procured by the act of the prosecuting attorney;
(4) stating the facts to which the prosecuting attorney believes
the witness will testify and the prosecuting attorney's belief that
the facts are true; and
(5) stating that the prosecuting attorney is unable to prove the
facts specified under subdivision (4) through the use of any
other witness whose testimony may be as readily procured.
(b) Upon the child's request, the court shall order that the
prosecuting attorney's motion and official statement be made in
writing. As added by P.L.1-1997, SEC.20.
IC 31-37-11-9 Order for continuance; grounds; discharge for failure to timely
commence hearing
Sec. 9. (a) Upon a motion for a continuance under section 8 of this
chapter, the court may continue the factfinding hearing or the waiver
hearing for not more than ninety (90) days. However, the hearing
may not be continued if, after the prosecuting attorney moves for the
continuance as the result of:
(1) a witness's absence, the child admits that the absent witness
would testify to the facts alleged in the prosecuting attorney's
official statement; or
(2) the unavailability of written or documentary evidence, the
child admits that the written or documentary evidence exists.
(b) If the hearing is not commenced within the ninety (90) day
period required by this section, the court shall discharge the child. As added by P.L.1-1997, SEC.20.
IC 31-37-11-10 Child causing delay; extension of time period
Sec. 10. (a) Except as provided in subsection (b), if:
(1) a continuance is granted on a child's motion; or
(2) the proceedings are delayed by a child's act;
a time period is extended by the amount of the resulting delay.
(b) If a child causes a delay during the last thirty (30) days of a
time period, the state may petition the court for an additional thirty
(30) day extension. As added by P.L.1-1997, SEC.20.
