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 persons
accused of crimes;
(4) the disposition of convicted persons, including corrections,
rehabilitation, probation, and parole; and
(5) the participation of members of the community in
corrections.
"Entitlement jurisdictions" include the state and certain local
governmental 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 protective
techniques and practices;
(4) the prevention of child abuse and neglect; and
(5) the discovery, protection, and disposition of children in need
of services.
"Juvenile Justice Act" means the Juvenile Justice and
Delinquency Prevention Act of 1974 and any amendments made to
that 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 Safe
Streets 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 the
Omnibus Act. The governor may administer and coordinate the
activities of state departments, state agencies, and local governmental
entities 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 criminal
offenses;
(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 of
crime.
(5) Prepare applications for funds under the Omnibus Act and
the Juvenile Justice Act.
(6) Administer victim and witness assistance funds.
(7) Administer the traffic safety functions assigned to the
institute under IC 9-27-2.
(8) Compile and analyze information and disseminate the
information to persons who make criminal justice decisions in
this state.
(9) Serve as the criminal justice statistical analysis center for
this state.
(10) Identify grants and other funds that can be used by the
department of correction to carry out its responsibilities
concerning sex or violent offender registration under IC 11-8-8.
(11) Administer the application and approval process for
designating an area of a consolidated or second class city as a
public safety improvement area under IC 36-8-19.5.
(12) Develop and maintain a meth watch program to inform
retailers and the public about illicit methamphetamine
production, distribution, and use in Indiana.
(13) Establish, maintain, and operate, subject to specific
appropriation by the general assembly, a web site containing a
list of properties (as defined in IC 5-2-6-19(b)) that have been
used as the site of a methamphetamine laboratory.
(14) Develop and manage the gang crime witness protection
program established by section 21 of this chapter.
(15) Identify grants and other funds that can be used to fund the
gang 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 sexual
trafficking offenses as provided in IC 35-42-3.5-4.
(20) Administer the domestic violence prevention and treatment
fund under IC 5-2-6.7.
(21) Administer the family violence and victim assistance fund
under IC 5-2-6.8.
(22) Administer and provide staff support to the law
enforcement, school policing, and youth work group under
IC 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 his
designee;
(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 the
pleasure of the governor, including:
(A) one (1) sheriff;
(B) one (1) chief of police;
(C) one (1) judge of a court with both juvenile jurisdiction
and general criminal jurisdiction; and
(D) five (5) citizens who have manifested an interest in
criminal or juvenile justice, one (1) of whom shall be a
member of the state advisory group under the Juvenile
Justice Act.
(b) The president pro tempore of the senate, or a senator
appointed by him, and the speaker of the house of representatives, or
a representative appointed by him, may serve as nonvoting advisors
to the trustees.
(c) Trustees appointed by the governor serve an initial three (3)
year term and may be reappointed for additional terms. The
additional terms may be four (4) years in length.
(d) Membership on the board of trustees does not constitute
holding a public office. As added by P.L.46-1983, SEC.1.
IC 5-2-6-5 Board of trustees; duties; meetings; compensation; research and
information 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 information
concerning the cost and effectiveness of the criminal and
juvenile justice systems;
(2) promote coordination and cooperation for the effective
administration of the criminal and juvenile justice systems;
(3) establish plans for the criminal and juvenile justice systems
and make recommendations concerning the implementation of
these plans;
(4) encourage and assist in the organization of an academic
consortium for the purpose of engaging in research;
(5) receive, expend, and account for state funds made available
for the purposes of this chapter;
(6) apply for and accept gifts and grants (which must be
administered as public funds) made for the purposes of this
chapter;
(7) enter into lawful agreements as required as a condition for
receiving gifts, grants, or other funds for the purposes of this
chapter;
(8) employ a director (or directors of divisions) and any
necessary staff;
(9) adopt rules, under IC 4-22-2, necessary to carry out the
purposes of this chapter; and
(10) promulgate guidelines concerning participation in the
research and information consortium.
(c) The research and information consortium is composed of state
educational institutions that are engaged in criminal or juvenile
justice research under the direction of the trustees. A state or local
governmental entity may participate in the consortium. The
consortium shall act as an advisory body to the institute and perform
other related functions as requested by the trustees.
(d) The trustees shall meet quarterly and at such times as called
by the chairman. A majority of the trustees constitutes a quorum for
doing business. A majority vote of the trustees is required for
passage of any matter put to a vote. The trustees shall establish
procedures and requirements with respect to the place and conduct
of their meetings.
(e) A trustee is not entitled to the minimum salary per diem as
provided in IC 4-10-11-2.1(b) while performing the trustee's duties.
A trustee is entitled to reimbursement for traveling expenses and
other expenses actually incurred in connection with the trustee's
duties, as provided in the state travel policies and procedures
established by the department of administration and approved by the
state 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 local
entities; determination
Sec. 6. The trustees shall make the final determination on any
controversy between the institute and any local governmental entity
or entitlement jurisdiction on local program priorities and grants,
subject to the procedures and applications for review as required by
the 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 any
state or federal department in order to carry out the purposes of this
chapter. 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 the
center for criminal justice research and information.
(4) The victim services division.
(b) The chairman of the trustees shall assign each of the trustees
to participate in the administration of at least one (1) of the divisions.
The chairman shall annually appoint four (4) vice chairmen, each of
whom 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 juvenile
justice system, or criminal justice system related research; or
(2) the provision of victim services.
However, the trustees must approve any official action of the
institute unless the trustees authorize a division to act with respect to
specific 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 funds
available for the purposes of this chapter to entitlement jurisdictions
or 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 deobligated
funds
Sec. 10.5. (a) If an entitlement jurisdiction or a local government
entity:
(1) accepts funds under section 10 of this chapter that the
institute has designated as public funds; and
(2) fails to comply with any requirement of the grant or
funding;
the institute shall deobligate funds to the entitlement jurisdiction or
local government entity.
(b) The institute may reinstate funds under subsection (a) if the
entitlement jurisdiction or local government entity complies with the
requirements of the grant or funding within six (6) months of the
deobligation of funds.
(c) If an entitlement jurisdiction or a local government entity does
not comply with the requirements of the grant or funding within six
(6) months of the deobligation of funds, the institute may reallocate
the 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 or
entitlement jurisdictions may enter into agreements with one another
for joint or cooperative action for the purposes of applying for,
receiving, disbursing, allocating, and accounting for grants of funds
made available by the United States government under Section
402(a)(5) of the Justice System Improvement Act of 1979, and for
any state funds made available for that purpose. Such agreements
must include the proportion of the amount of required local funds
that shall be supplied by each such local governmental entity or
entitlement jurisdiction. Such agreements may include provisions for
the appointment of any officer or employee of one (1) of the units or
jurisdictions to serve as the collection and disbursement officer for
all 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 entitlement
jurisdiction fails to appropriate or pay the funds that it agrees to
provide in its application for federal or state funds under this chapter,
if any person fails to legally disburse or account for funds received
under this chapter, or if any person embezzles, misappropriates,
conceals, or obtains by fraud funds under this chapter, the institute
shall refer the matter to the attorney general. The attorney general
may bring suit in the name of the state to recover these funds for the
benefit of the state or a local governmental entity or entitlement
jurisdiction. 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 in
subsection (e), expenditures from the fund may be made only in
accordance with appropriations made by the general assembly.
(b) The source of the victim and witness assistance fund is the
family violence and victim assistance fund established by
IC 5-2-6.8-3.
(c) The institute may use money from the victim and witness
assistance fund when awarding a grant or entering into a contract
under this chapter, if the money is used for the support of a program
in the office of a prosecuting attorney or in a state or local law
enforcement agency designed to:
(1) help evaluate the physical, emotional, and personal needs of
a victim resulting from a crime, and counsel or refer the victim
to those agencies or persons in the community that can provide
the services needed;
(2) provide transportation for victims and witnesses of crime to
attend proceedings in the case when necessary; or
(3) provide other services to victims or witnesses of crime when
necessary to enable them to participate in criminal proceedings
without undue hardship or trauma.
(d) Money in the victim and witness assistance fund at the end of
a 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, including
expenditures for personnel and data;
(2) support the registration of sex or violent offenders under
IC 11-8-8 and the Indiana sex and violent offender registry
established under IC 36-2-13-5.5;
(3) provide training for persons to assist victims; and
(4) establish and maintain a victim notification system under
IC 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.3
and 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 the
commission for a drug free Indiana to plan, monitor, and evaluate
comprehensive 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 justice
institute may adopt rules under IC 4-22-2 to administer the
commission. The commission must consist of twenty (20) members
described under subsections (d) and (e) who have distinguished
themselves in their respective fields and who have experience or an
interest in attempting to eliminate alcohol and other drug abuse in
Indiana.
(c) The commission's purpose is to improve the coordination of
alcohol and other drug abuse efforts at both the state and local levels
in an effort to eliminate duplication of efforts while ensuring that
comprehensive alcohol and other drug programs are available
throughout Indiana. The commission's responsibilities include the
following:
(1) Establishing an interagency council on drugs to coordinate
the alcohol and other drug education, prevention, treatment, and
justice programming and funding responsibilities of state
agencies, commissions, and boards including the approval of
alcohol and other drug plans and funding applications by state
agencies, commissions, and boards.
(2) Coordinating the collection of data concerning alcohol and
other drug abuse and the needs, programming, and effectiveness
of state supported programs and services.
(3) Maintaining a system of support to assist local coordinating
councils with technical assistance, guidance, or direct funding
resources.
(4) Continuing to assist the development of local coordinating
councils to identify community drug programs, coordinate
community initiatives, design comprehensive, collaborative
community strategies, and monitor anti-drug activities at the
local level.
(5) Establishing roles, responsibilities, and performance
standards for the local coordinating councils.
(6) Recommending to the governor and general assembly long
and short range goals, objectives, and strategies, including
legislative proposals to be implemented on the state and local
level to reduce drug abuse.
(7) Assisting local communities in the development of citizen
based 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 drugs
established under subsection (c)(1).
(O) Labor.
(e) Four (4) members of the general assembly shall serve as
nonvoting members of the commission. The president pro tempore
of the senate shall appoint two (2) senators, both of whom may not
be members of the same political party. The speaker of the house of
representatives shall appoint two (2) representatives, both of whom
may not be members of the same political party.
(f) The governor or the governor's designee shall serve as the
chairman of the commission.
(g) The commission shall meet one (1) time per month at the call
of the chairman.
(h) Eight (8) voting members of the commission constitute a
quorum. The commission is not prohibited from conducting business
as 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 represented
by 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 is
not entitled to a minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is, however, entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(k) A member of the commission who is a state employee is
entitled to reimbursement for traveling expenses and other expenses
actually incurred in connection with the member's duties, as provided
in the state travel policies and procedures established by the Indiana
department 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 other
law enforcement agencies, the institute shall operate and maintain a
meth watch program to inform retailers and the public about illicit
methamphetamine 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 Indiana
criminal 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 enforcement
agency under IC 5-2-16.
(c) The guidelines adopted under this section must require a law
enforcement agency to report the existence of methamphetamine
abuse to the institute on the form or in the specified electronic format
adopted by the institute.
(d) The guidelines adopted under this section:
(1) may incorporate a recommendation of the methamphetamine
abuse task force (IC 5-2-14, expired June 30, 2007, and
repealed) that the institute determines to be relevant;
(2) may require the institute to report the information
concerning methamphetamine abuse to one (1) or more
additional agencies or organizations;
(3) must require the institute to maintain reports filed under
IC 5-2-16 in a manner that permits an accurate assessment of
methamphetamine abuse in Indiana; and
(4) must require a law enforcement agency to report any other
information 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 of
decontamination
Sec. 19. (a) As used in this section, "institute" refers to the
Indiana criminal justice institute established by section 3 of this
chapter.
(b) As used in this section, "property" refers to a structure or part
of a structure that is used as a home, residence, or sleeping unit.
(c) Subject to specific appropriation by the general assembly, the
institute shall establish, maintain, and operate a web site containing
a list of properties that have been used as the site of a
methamphetamine laboratory. The list of properties shall be based on
information received from a law enforcement agency under
IC 5-2-15-3.
(d) Subject to specific appropriation by the general assembly and
in accordance with subsections (h) and (i), the institute shall publish
the list of properties that have been used as the site of a
methamphetamine laboratory on a web site maintained by the
institute. The institute shall design the web site to enable a user to
easily determine whether a particular property has been used as the
site of a methamphetamine laboratory. The web site shall be referred
to as the "methamphetamine laboratory web site".
(e) The institute shall remove a listed property from the web site
after the property has been certified as decontaminated by an
inspector approved under IC 13-14-1-15 or not more than two (2)
years after the date the methamphetamine laboratory was seized by
a law enforcement agency.
(f) Notwithstanding subsection (c), if property has been certified
as decontaminated by an inspector approved under IC 13-14-1-15
before it is placed on the list required under subsection (c), the
institute may not place the property on the list.
(g) Records concerning a listed property that has been removed
from the web site under subsection (e) are confidential.
(h) This subsection only applies to a rental unit (as defined in
IC 32-31-3-8). The institute may not list a rental unit that has been
used as the site of a methamphetamine laboratory on the web site
until the later of the following:
(1) Thirty (30) days after the date on which the institute
receives information from a law enforcement agency under
IC 5-2-15-3 that the rental unit has been the site of a
methamphetamine laboratory, if the owner or operator of the
rental property has not provided documentation to the institute
showing:
(A) that the property has been inspected by a person certified
to inspect property that is polluted by a contaminant under
IC 13-14-1-15; and
(B) that the owner or operator has begun the process of
decontaminating the property.
(2) If the owner or operator of the rental unit provides the
documentation described in subdivision (1)(A) and (1)(B) not
later than thirty (30) days after the date on which the institute
receives information from a law enforcement agency under
IC 5-2-15-3 that the rental unit has been the site of a
methamphetamine laboratory, one hundred eighty (180) days
after the date on which the institute receives information from
a law enforcement agency that the rental unit has been the site
of a methamphetamine laboratory.
However, if the owner or operator provides documentation to the
institute within the appropriate time period described in subdivision
(1) or (2) that a person authorized to inspect property that is polluted
by a contaminant under IC 13-14-1-15 has certified that the property
is 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 in
IC 32-31-3-8). The institute shall remove a rental unit listed on the
web site not more than five (5) days after receiving documentation
from the owner or operator of the rental property that:
(1) the property has been inspected by a person certified to
inspect property that is polluted by a contaminant under
IC 13-14-1-15; and
(2) that the owner or operator has begun the process of
decontaminating the property.
The institute shall relist the rental unit on the web site not less than
one hundred fifty (150) days after receiving documentation described
in subdivisions (1) and (2), unless the owner or operator of the rental
property provides documentation to the institute that a person
authorized to inspect property that is polluted by a contaminant under
IC 13-14-1-15 has certified that the property is decontaminated or
was 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 seek
federal funds and operate project if funds available; restricted
access to information maintained in the data base
Sec. 20. (a) The institute shall:
(1) attempt to obtain federal funds to establish and operate a
methamphetamine precursor data base pilot project under this
section; and
(2) if the institute obtains sufficient federal funds under
subdivision (1), operate and maintain the pilot project.
(b) A pilot project established under this section must connect
persons who:
(1) sell a drug that contains the active ingredient of ephedrine
or pseudoephedrine, or both; and
(2) record drug sales information in an electronic log under
IC 35-48-4-14.7(c);
to an electronic monitoring system that transfers the drug sales
information to a central data base at the same time the drug sales
information is recorded in the electronic log. Drug sales information
may 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 inspect
and copy a log or the records from the completion of a log under
IC 35-48-4-14.7(c) may have access to information stored in the
central data base described in subsection (b). A person may not sell
or release information in the central data base for a commercial
purpose.
(d) Information stored in a central data base established under this
section 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 is
established.
(b) The gang crime witness protection program shall be developed
and 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 transitional
housing.
(c) The institute shall develop and maintain procedures to award
funds for the purposes described in subsection (b) to an individual
who witnesses a gang crime.
(d) The institute shall adopt rules under IC 4-22-2 to implement
this section.
(e) The director of the Indiana criminal justice institute may delay
the 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 the
criminal justice institute or by an appropriation from the general
assembly.
If the director of the criminal justice institute delays implementation
of this section, the director shall notify each prosecuting attorney of
the 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 under
subsection (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 described
in section 21(b) of this chapter.
(d) The institute shall identify and obtain grants and other funds
that can be used to fund the gang crime witness protection program
under section 21 of this chapter.
(e) Money in the gang crime witness protection fund at the end of
a 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 sexual
assault victim advocate standards and certification board established
by subsection (c).
(b) As used in this section, "rape crisis center" means an
organization that provides a full continuum of services, including
hotlines, victim advocacy, and support services from the onset of the
need for services through the completion of healing, to victims of
sexual assault.
(c) The sexual assault victim advocate standards and certification
board is established. The board consists of the following twelve (12)
members appointed by the governor:
(1) A member recommended by the prosecuting attorneys
council of Indiana.
(2) A member from law enforcement.
(3) A member representing a rape crisis center.
(4) A member recommended by the Indiana Coalition Against
Sexual 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 in
IC 16-27-1-1) qualified in forensic evidence collection and
recommended by the Indiana chapter of the International
Association of Forensic Nurses.
(8) A member who is an employee of the Indiana criminal
justice institute.
(9) A member who is a survivor of sexual violence.
(10) A member who is a physician (as defined in
IC 25-22.5-1-1.1) with experience in examining sexually abused
children.
(11) A member who is an employee of the office of the
secretary of family and social services.
(12) A member who is an employee of the state department of
health, office of women's health.
(d) Members of the board serve a four (4) year term. Not more
than seven (7) members appointed under this subsection may be of
the 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 of
at least seven (7) members of the board is required for the board to
take any official action.
(f) The board shall:
(1) develop standards for certification as a sexual assault victim
advocate;
(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 account
established by subsection (h); and
(5) certify sexual assault victim advocates to provide advocacy
services.
(g) Members of the board may not receive a salary per diem.
Members of the board are entitled to receive reimbursement for
mileage for attendance at meetings. Any other funding for the board
is paid at the discretion of the director of the office of management
and budget.
(h) The sexual assault victims assistance account is established
within the state general fund. The board shall administer the account
to provide financial assistance to rape crisis centers. Money in the
account must be distributed to a statewide nonprofit sexual assault
coalition as designated by the federal Centers for Disease Control
and Prevention under 42 U.S.C. 280 et seq. The account consists of:
(1) amounts transferred to the account from sexual assault
victims 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 the
account; and
(5) interest accruing from the money in the account.
(i) The expenses of administering the account shall be paid from
money in the account. The board shall designate not more than ten
percent (10%) of the appropriation made each year to the nonprofit
corporation for program administration. The board may not use more
than ten percent (10%) of the money collected from certification fees
to administer the certification program.
(j) The treasurer of state shall invest the money in the account not
currently needed to meet the obligations of the account in the same
manner as other public money may be invested.
(k) Money in the account at the end of a state fiscal year does not
revert to the state general fund.
(l) The governor shall appoint a member of the commission each
year 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.
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 persons
accused of crimes;
(4) the disposition of convicted persons, including corrections,
rehabilitation, probation, and parole; and
(5) the participation of members of the community in
corrections.
"Entitlement jurisdictions" include the state and certain local
governmental 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 protective
techniques and practices;
(4) the prevention of child abuse and neglect; and
(5) the discovery, protection, and disposition of children in need
of services.
"Juvenile Justice Act" means the Juvenile Justice and
Delinquency Prevention Act of 1974 and any amendments made to
that 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 Safe
Streets 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 the
Omnibus Act. The governor may administer and coordinate the
activities of state departments, state agencies, and local governmental
entities 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 criminal
offenses;
(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 of
crime.
(5) Prepare applications for funds under the Omnibus Act and
the Juvenile Justice Act.
(6) Administer victim and witness assistance funds.
(7) Administer the traffic safety functions assigned to the
institute under IC 9-27-2.
(8) Compile and analyze information and disseminate the
information to persons who make criminal justice decisions in
this state.
(9) Serve as the criminal justice statistical analysis center for
this state.
(10) Identify grants and other funds that can be used by the
department of correction to carry out its responsibilities
concerning sex or violent offender registration under IC 11-8-8.
(11) Administer the application and approval process for
designating an area of a consolidated or second class city as a
public safety improvement area under IC 36-8-19.5.
(12) Develop and maintain a meth watch program to inform
retailers and the public about illicit methamphetamine
production, distribution, and use in Indiana.
(13) Establish, maintain, and operate, subject to specific
appropriation by the general assembly, a web site containing a
list of properties (as defined in IC 5-2-6-19(b)) that have been
used as the site of a methamphetamine laboratory.
(14) Develop and manage the gang crime witness protection
program established by section 21 of this chapter.
(15) Identify grants and other funds that can be used to fund the
gang 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 sexual
trafficking offenses as provided in IC 35-42-3.5-4.
(20) Administer the domestic violence prevention and treatment
fund under IC 5-2-6.7.
(21) Administer the family violence and victim assistance fund
under IC 5-2-6.8.
(22) Administer and provide staff support to the law
enforcement, school policing, and youth work group under
IC 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 his
designee;
(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 the
pleasure of the governor, including:
(A) one (1) sheriff;
(B) one (1) chief of police;
(C) one (1) judge of a court with both juvenile jurisdiction
and general criminal jurisdiction; and
(D) five (5) citizens who have manifested an interest in
criminal or juvenile justice, one (1) of whom shall be a
member of the state advisory group under the Juvenile
Justice Act.
(b) The president pro tempore of the senate, or a senator
appointed by him, and the speaker of the house of representatives, or
a representative appointed by him, may serve as nonvoting advisors
to the trustees.
(c) Trustees appointed by the governor serve an initial three (3)
year term and may be reappointed for additional terms. The
additional terms may be four (4) years in length.
(d) Membership on the board of trustees does not constitute
holding a public office. As added by P.L.46-1983, SEC.1.
IC 5-2-6-5 Board of trustees; duties; meetings; compensation; research and
information 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 information
concerning the cost and effectiveness of the criminal and
juvenile justice systems;
(2) promote coordination and cooperation for the effective
administration of the criminal and juvenile justice systems;
(3) establish plans for the criminal and juvenile justice systems
and make recommendations concerning the implementation of
these plans;
(4) encourage and assist in the organization of an academic
consortium for the purpose of engaging in research;
(5) receive, expend, and account for state funds made available
for the purposes of this chapter;
(6) apply for and accept gifts and grants (which must be
administered as public funds) made for the purposes of this
chapter;
(7) enter into lawful agreements as required as a condition for
receiving gifts, grants, or other funds for the purposes of this
chapter;
(8) employ a director (or directors of divisions) and any
necessary staff;
(9) adopt rules, under IC 4-22-2, necessary to carry out the
purposes of this chapter; and
(10) promulgate guidelines concerning participation in the
research and information consortium.
(c) The research and information consortium is composed of state
educational institutions that are engaged in criminal or juvenile
justice research under the direction of the trustees. A state or local
governmental entity may participate in the consortium. The
consortium shall act as an advisory body to the institute and perform
other related functions as requested by the trustees.
(d) The trustees shall meet quarterly and at such times as called
by the chairman. A majority of the trustees constitutes a quorum for
doing business. A majority vote of the trustees is required for
passage of any matter put to a vote. The trustees shall establish
procedures and requirements with respect to the place and conduct
of their meetings.
(e) A trustee is not entitled to the minimum salary per diem as
provided in IC 4-10-11-2.1(b) while performing the trustee's duties.
A trustee is entitled to reimbursement for traveling expenses and
other expenses actually incurred in connection with the trustee's
duties, as provided in the state travel policies and procedures
established by the department of administration and approved by the
state 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 local
entities; determination
Sec. 6. The trustees shall make the final determination on any
controversy between the institute and any local governmental entity
or entitlement jurisdiction on local program priorities and grants,
subject to the procedures and applications for review as required by
the 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 any
state or federal department in order to carry out the purposes of this
chapter. 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 the
center for criminal justice research and information.
(4) The victim services division.
(b) The chairman of the trustees shall assign each of the trustees
to participate in the administration of at least one (1) of the divisions.
The chairman shall annually appoint four (4) vice chairmen, each of
whom 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 juvenile
justice system, or criminal justice system related research; or
(2) the provision of victim services.
However, the trustees must approve any official action of the
institute unless the trustees authorize a division to act with respect to
specific 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 funds
available for the purposes of this chapter to entitlement jurisdictions
or 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 deobligated
funds
Sec. 10.5. (a) If an entitlement jurisdiction or a local government
entity:
(1) accepts funds under section 10 of this chapter that the
institute has designated as public funds; and
(2) fails to comply with any requirement of the grant or
funding;
the institute shall deobligate funds to the entitlement jurisdiction or
local government entity.
(b) The institute may reinstate funds under subsection (a) if the
entitlement jurisdiction or local government entity complies with the
requirements of the grant or funding within six (6) months of the
deobligation of funds.
(c) If an entitlement jurisdiction or a local government entity does
not comply with the requirements of the grant or funding within six
(6) months of the deobligation of funds, the institute may reallocate
the 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 or
entitlement jurisdictions may enter into agreements with one another
for joint or cooperative action for the purposes of applying for,
receiving, disbursing, allocating, and accounting for grants of funds
made available by the United States government under Section
402(a)(5) of the Justice System Improvement Act of 1979, and for
any state funds made available for that purpose. Such agreements
must include the proportion of the amount of required local funds
that shall be supplied by each such local governmental entity or
entitlement jurisdiction. Such agreements may include provisions for
the appointment of any officer or employee of one (1) of the units or
jurisdictions to serve as the collection and disbursement officer for
all 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 entitlement
jurisdiction fails to appropriate or pay the funds that it agrees to
provide in its application for federal or state funds under this chapter,
if any person fails to legally disburse or account for funds received
under this chapter, or if any person embezzles, misappropriates,
conceals, or obtains by fraud funds under this chapter, the institute
shall refer the matter to the attorney general. The attorney general
may bring suit in the name of the state to recover these funds for the
benefit of the state or a local governmental entity or entitlement
jurisdiction. 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 in
subsection (e), expenditures from the fund may be made only in
accordance with appropriations made by the general assembly.
(b) The source of the victim and witness assistance fund is the
family violence and victim assistance fund established by
IC 5-2-6.8-3.
(c) The institute may use money from the victim and witness
assistance fund when awarding a grant or entering into a contract
under this chapter, if the money is used for the support of a program
in the office of a prosecuting attorney or in a state or local law
enforcement agency designed to:
(1) help evaluate the physical, emotional, and personal needs of
a victim resulting from a crime, and counsel or refer the victim
to those agencies or persons in the community that can provide
the services needed;
(2) provide transportation for victims and witnesses of crime to
attend proceedings in the case when necessary; or
(3) provide other services to victims or witnesses of crime when
necessary to enable them to participate in criminal proceedings
without undue hardship or trauma.
(d) Money in the victim and witness assistance fund at the end of
a 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, including
expenditures for personnel and data;
(2) support the registration of sex or violent offenders under
IC 11-8-8 and the Indiana sex and violent offender registry
established under IC 36-2-13-5.5;
(3) provide training for persons to assist victims; and
(4) establish and maintain a victim notification system under
IC 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.3
and 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 the
commission for a drug free Indiana to plan, monitor, and evaluate
comprehensive 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 justice
institute may adopt rules under IC 4-22-2 to administer the
commission. The commission must consist of twenty (20) members
described under subsections (d) and (e) who have distinguished
themselves in their respective fields and who have experience or an
interest in attempting to eliminate alcohol and other drug abuse in
Indiana.
(c) The commission's purpose is to improve the coordination of
alcohol and other drug abuse efforts at both the state and local levels
in an effort to eliminate duplication of efforts while ensuring that
comprehensive alcohol and other drug programs are available
throughout Indiana. The commission's responsibilities include the
following:
(1) Establishing an interagency council on drugs to coordinate
the alcohol and other drug education, prevention, treatment, and
justice programming and funding responsibilities of state
agencies, commissions, and boards including the approval of
alcohol and other drug plans and funding applications by state
agencies, commissions, and boards.
(2) Coordinating the collection of data concerning alcohol and
other drug abuse and the needs, programming, and effectiveness
of state supported programs and services.
(3) Maintaining a system of support to assist local coordinating
councils with technical assistance, guidance, or direct funding
resources.
(4) Continuing to assist the development of local coordinating
councils to identify community drug programs, coordinate
community initiatives, design comprehensive, collaborative
community strategies, and monitor anti-drug activities at the
local level.
(5) Establishing roles, responsibilities, and performance
standards for the local coordinating councils.
(6) Recommending to the governor and general assembly long
and short range goals, objectives, and strategies, including
legislative proposals to be implemented on the state and local
level to reduce drug abuse.
(7) Assisting local communities in the development of citizen
based 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 drugs
established under subsection (c)(1).
(O) Labor.
(e) Four (4) members of the general assembly shall serve as
nonvoting members of the commission. The president pro tempore
of the senate shall appoint two (2) senators, both of whom may not
be members of the same political party. The speaker of the house of
representatives shall appoint two (2) representatives, both of whom
may not be members of the same political party.
(f) The governor or the governor's designee shall serve as the
chairman of the commission.
(g) The commission shall meet one (1) time per month at the call
of the chairman.
(h) Eight (8) voting members of the commission constitute a
quorum. The commission is not prohibited from conducting business
as 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 represented
by 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 is
not entitled to a minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is, however, entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(k) A member of the commission who is a state employee is
entitled to reimbursement for traveling expenses and other expenses
actually incurred in connection with the member's duties, as provided
in the state travel policies and procedures established by the Indiana
department 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 other
law enforcement agencies, the institute shall operate and maintain a
meth watch program to inform retailers and the public about illicit
methamphetamine 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 Indiana
criminal 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 enforcement
agency under IC 5-2-16.
(c) The guidelines adopted under this section must require a law
enforcement agency to report the existence of methamphetamine
abuse to the institute on the form or in the specified electronic format
adopted by the institute.
(d) The guidelines adopted under this section:
(1) may incorporate a recommendation of the methamphetamine
abuse task force (IC 5-2-14, expired June 30, 2007, and
repealed) that the institute determines to be relevant;
(2) may require the institute to report the information
concerning methamphetamine abuse to one (1) or more
additional agencies or organizations;
(3) must require the institute to maintain reports filed under
IC 5-2-16 in a manner that permits an accurate assessment of
methamphetamine abuse in Indiana; and
(4) must require a law enforcement agency to report any other
information 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 of
decontamination
Sec. 19. (a) As used in this section, "institute" refers to the
Indiana criminal justice institute established by section 3 of this
chapter.
(b) As used in this section, "property" refers to a structure or part
of a structure that is used as a home, residence, or sleeping unit.
(c) Subject to specific appropriation by the general assembly, the
institute shall establish, maintain, and operate a web site containing
a list of properties that have been used as the site of a
methamphetamine laboratory. The list of properties shall be based on
information received from a law enforcement agency under
IC 5-2-15-3.
(d) Subject to specific appropriation by the general assembly and
in accordance with subsections (h) and (i), the institute shall publish
the list of properties that have been used as the site of a
methamphetamine laboratory on a web site maintained by the
institute. The institute shall design the web site to enable a user to
easily determine whether a particular property has been used as the
site of a methamphetamine laboratory. The web site shall be referred
to as the "methamphetamine laboratory web site".
(e) The institute shall remove a listed property from the web site
after the property has been certified as decontaminated by an
inspector approved under IC 13-14-1-15 or not more than two (2)
years after the date the methamphetamine laboratory was seized by
a law enforcement agency.
(f) Notwithstanding subsection (c), if property has been certified
as decontaminated by an inspector approved under IC 13-14-1-15
before it is placed on the list required under subsection (c), the
institute may not place the property on the list.
(g) Records concerning a listed property that has been removed
from the web site under subsection (e) are confidential.
(h) This subsection only applies to a rental unit (as defined in
IC 32-31-3-8). The institute may not list a rental unit that has been
used as the site of a methamphetamine laboratory on the web site
until the later of the following:
(1) Thirty (30) days after the date on which the institute
receives information from a law enforcement agency under
IC 5-2-15-3 that the rental unit has been the site of a
methamphetamine laboratory, if the owner or operator of the
rental property has not provided documentation to the institute
showing:
(A) that the property has been inspected by a person certified
to inspect property that is polluted by a contaminant under
IC 13-14-1-15; and
(B) that the owner or operator has begun the process of
decontaminating the property.
(2) If the owner or operator of the rental unit provides the
documentation described in subdivision (1)(A) and (1)(B) not
later than thirty (30) days after the date on which the institute
receives information from a law enforcement agency under
IC 5-2-15-3 that the rental unit has been the site of a
methamphetamine laboratory, one hundred eighty (180) days
after the date on which the institute receives information from
a law enforcement agency that the rental unit has been the site
of a methamphetamine laboratory.
However, if the owner or operator provides documentation to the
institute within the appropriate time period described in subdivision
(1) or (2) that a person authorized to inspect property that is polluted
by a contaminant under IC 13-14-1-15 has certified that the property
is 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 in
IC 32-31-3-8). The institute shall remove a rental unit listed on the
web site not more than five (5) days after receiving documentation
from the owner or operator of the rental property that:
(1) the property has been inspected by a person certified to
inspect property that is polluted by a contaminant under
IC 13-14-1-15; and
(2) that the owner or operator has begun the process of
decontaminating the property.
The institute shall relist the rental unit on the web site not less than
one hundred fifty (150) days after receiving documentation described
in subdivisions (1) and (2), unless the owner or operator of the rental
property provides documentation to the institute that a person
authorized to inspect property that is polluted by a contaminant under
IC 13-14-1-15 has certified that the property is decontaminated or
was 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 seek
federal funds and operate project if funds available; restricted
access to information maintained in the data base
Sec. 20. (a) The institute shall:
(1) attempt to obtain federal funds to establish and operate a
methamphetamine precursor data base pilot project under this
section; and
(2) if the institute obtains sufficient federal funds under
subdivision (1), operate and maintain the pilot project.
(b) A pilot project established under this section must connect
persons who:
(1) sell a drug that contains the active ingredient of ephedrine
or pseudoephedrine, or both; and
(2) record drug sales information in an electronic log under
IC 35-48-4-14.7(c);
to an electronic monitoring system that transfers the drug sales
information to a central data base at the same time the drug sales
information is recorded in the electronic log. Drug sales information
may 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 inspect
and copy a log or the records from the completion of a log under
IC 35-48-4-14.7(c) may have access to information stored in the
central data base described in subsection (b). A person may not sell
or release information in the central data base for a commercial
purpose.
(d) Information stored in a central data base established under this
section 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 is
established.
(b) The gang crime witness protection program shall be developed
and 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 transitional
housing.
(c) The institute shall develop and maintain procedures to award
funds for the purposes described in subsection (b) to an individual
who witnesses a gang crime.
(d) The institute shall adopt rules under IC 4-22-2 to implement
this section.
(e) The director of the Indiana criminal justice institute may delay
the 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 the
criminal justice institute or by an appropriation from the general
assembly.
If the director of the criminal justice institute delays implementation
of this section, the director shall notify each prosecuting attorney of
the 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 under
subsection (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 described
in section 21(b) of this chapter.
(d) The institute shall identify and obtain grants and other funds
that can be used to fund the gang crime witness protection program
under section 21 of this chapter.
(e) Money in the gang crime witness protection fund at the end of
a 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 sexual
assault victim advocate standards and certification board established
by subsection (c).
(b) As used in this section, "rape crisis center" means an
organization that provides a full continuum of services, including
hotlines, victim advocacy, and support services from the onset of the
need for services through the completion of healing, to victims of
sexual assault.
(c) The sexual assault victim advocate standards and certification
board is established. The board consists of the following twelve (12)
members appointed by the governor:
(1) A member recommended by the prosecuting attorneys
council of Indiana.
(2) A member from law enforcement.
(3) A member representing a rape crisis center.
(4) A member recommended by the Indiana Coalition Against
Sexual 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 in
IC 16-27-1-1) qualified in forensic evidence collection and
recommended by the Indiana chapter of the International
Association of Forensic Nurses.
(8) A member who is an employee of the Indiana criminal
justice institute.
(9) A member who is a survivor of sexual violence.
(10) A member who is a physician (as defined in
IC 25-22.5-1-1.1) with experience in examining sexually abused
children.
(11) A member who is an employee of the office of the
secretary of family and social services.
(12) A member who is an employee of the state department of
health, office of women's health.
(d) Members of the board serve a four (4) year term. Not more
than seven (7) members appointed under this subsection may be of
the 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 of
at least seven (7) members of the board is required for the board to
take any official action.
(f) The board shall:
(1) develop standards for certification as a sexual assault victim
advocate;
(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 account
established by subsection (h); and
(5) certify sexual assault victim advocates to provide advocacy
services.
(g) Members of the board may not receive a salary per diem.
Members of the board are entitled to receive reimbursement for
mileage for attendance at meetings. Any other funding for the board
is paid at the discretion of the director of the office of management
and budget.
(h) The sexual assault victims assistance account is established
within the state general fund. The board shall administer the account
to provide financial assistance to rape crisis centers. Money in the
account must be distributed to a statewide nonprofit sexual assault
coalition as designated by the federal Centers for Disease Control
and Prevention under 42 U.S.C. 280 et seq. The account consists of:
(1) amounts transferred to the account from sexual assault
victims 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 the
account; and
(5) interest accruing from the money in the account.
(i) The expenses of administering the account shall be paid from
money in the account. The board shall designate not more than ten
percent (10%) of the appropriation made each year to the nonprofit
corporation for program administration. The board may not use more
than ten percent (10%) of the money collected from certification fees
to administer the certification program.
(j) The treasurer of state shall invest the money in the account not
currently needed to meet the obligations of the account in the same
manner as other public money may be invested.
(k) Money in the account at the end of a state fiscal year does not
revert to the state general fund.
(l) The governor shall appoint a member of the commission each
year 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.
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 persons
accused of crimes;
(4) the disposition of convicted persons, including corrections,
rehabilitation, probation, and parole; and
(5) the participation of members of the community in
corrections.
"Entitlement jurisdictions" include the state and certain local
governmental 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 protective
techniques and practices;
(4) the prevention of child abuse and neglect; and
(5) the discovery, protection, and disposition of children in need
of services.
"Juvenile Justice Act" means the Juvenile Justice and
Delinquency Prevention Act of 1974 and any amendments made to
that 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 Safe
Streets 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 the
Omnibus Act. The governor may administer and coordinate the
activities of state departments, state agencies, and local governmental
entities 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 criminal
offenses;
(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 of
crime.
(5) Prepare applications for funds under the Omnibus Act and
the Juvenile Justice Act.
(6) Administer victim and witness assistance funds.
(7) Administer the traffic safety functions assigned to the
institute under IC 9-27-2.
(8) Compile and analyze information and disseminate the
information to persons who make criminal justice decisions in
this state.
(9) Serve as the criminal justice statistical analysis center for
this state.
(10) Identify grants and other funds that can be used by the
department of correction to carry out its responsibilities
concerning sex or violent offender registration under IC 11-8-8.
(11) Administer the application and approval process for
designating an area of a consolidated or second class city as a
public safety improvement area under IC 36-8-19.5.
(12) Develop and maintain a meth watch program to inform
retailers and the public about illicit methamphetamine
production, distribution, and use in Indiana.
(13) Establish, maintain, and operate, subject to specific
appropriation by the general assembly, a web site containing a
list of properties (as defined in IC 5-2-6-19(b)) that have been
used as the site of a methamphetamine laboratory.
(14) Develop and manage the gang crime witness protection
program established by section 21 of this chapter.
(15) Identify grants and other funds that can be used to fund the
gang 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 sexual
trafficking offenses as provided in IC 35-42-3.5-4.
(20) Administer the domestic violence prevention and treatment
fund under IC 5-2-6.7.
(21) Administer the family violence and victim assistance fund
under IC 5-2-6.8.
(22) Administer and provide staff support to the law
enforcement, school policing, and youth work group under
IC 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 his
designee;
(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 the
pleasure of the governor, including:
(A) one (1) sheriff;
(B) one (1) chief of police;
(C) one (1) judge of a court with both juvenile jurisdiction
and general criminal jurisdiction; and
(D) five (5) citizens who have manifested an interest in
criminal or juvenile justice, one (1) of whom shall be a
member of the state advisory group under the Juvenile
Justice Act.
(b) The president pro tempore of the senate, or a senator
appointed by him, and the speaker of the house of representatives, or
a representative appointed by him, may serve as nonvoting advisors
to the trustees.
(c) Trustees appointed by the governor serve an initial three (3)
year term and may be reappointed for additional terms. The
additional terms may be four (4) years in length.
(d) Membership on the board of trustees does not constitute
holding a public office. As added by P.L.46-1983, SEC.1.
IC 5-2-6-5 Board of trustees; duties; meetings; compensation; research and
information 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 information
concerning the cost and effectiveness of the criminal and
juvenile justice systems;
(2) promote coordination and cooperation for the effective
administration of the criminal and juvenile justice systems;
(3) establish plans for the criminal and juvenile justice systems
and make recommendations concerning the implementation of
these plans;
(4) encourage and assist in the organization of an academic
consortium for the purpose of engaging in research;
(5) receive, expend, and account for state funds made available
for the purposes of this chapter;
(6) apply for and accept gifts and grants (which must be
administered as public funds) made for the purposes of this
chapter;
(7) enter into lawful agreements as required as a condition for
receiving gifts, grants, or other funds for the purposes of this
chapter;
(8) employ a director (or directors of divisions) and any
necessary staff;
(9) adopt rules, under IC 4-22-2, necessary to carry out the
purposes of this chapter; and
(10) promulgate guidelines concerning participation in the
research and information consortium.
(c) The research and information consortium is composed of state
educational institutions that are engaged in criminal or juvenile
justice research under the direction of the trustees. A state or local
governmental entity may participate in the consortium. The
consortium shall act as an advisory body to the institute and perform
other related functions as requested by the trustees.
(d) The trustees shall meet quarterly and at such times as called
by the chairman. A majority of the trustees constitutes a quorum for
doing business. A majority vote of the trustees is required for
passage of any matter put to a vote. The trustees shall establish
procedures and requirements with respect to the place and conduct
of their meetings.
(e) A trustee is not entitled to the minimum salary per diem as
provided in IC 4-10-11-2.1(b) while performing the trustee's duties.
A trustee is entitled to reimbursement for traveling expenses and
other expenses actually incurred in connection with the trustee's
duties, as provided in the state travel policies and procedures
established by the department of administration and approved by the
state 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 local
entities; determination
Sec. 6. The trustees shall make the final determination on any
controversy between the institute and any local governmental entity
or entitlement jurisdiction on local program priorities and grants,
subject to the procedures and applications for review as required by
the 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 any
state or federal department in order to carry out the purposes of this
chapter. 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 the
center for criminal justice research and information.
(4) The victim services division.
(b) The chairman of the trustees shall assign each of the trustees
to participate in the administration of at least one (1) of the divisions.
The chairman shall annually appoint four (4) vice chairmen, each of
whom 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 juvenile
justice system, or criminal justice system related research; or
(2) the provision of victim services.
However, the trustees must approve any official action of the
institute unless the trustees authorize a division to act with respect to
specific 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 funds
available for the purposes of this chapter to entitlement jurisdictions
or 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 deobligated
funds
Sec. 10.5. (a) If an entitlement jurisdiction or a local government
entity:
(1) accepts funds under section 10 of this chapter that the
institute has designated as public funds; and
(2) fails to comply with any requirement of the grant or
funding;
the institute shall deobligate funds to the entitlement jurisdiction or
local government entity.
(b) The institute may reinstate funds under subsection (a) if the
entitlement jurisdiction or local government entity complies with the
requirements of the grant or funding within six (6) months of the
deobligation of funds.
(c) If an entitlement jurisdiction or a local government entity does
not comply with the requirements of the grant or funding within six
(6) months of the deobligation of funds, the institute may reallocate
the 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 or
entitlement jurisdictions may enter into agreements with one another
for joint or cooperative action for the purposes of applying for,
receiving, disbursing, allocating, and accounting for grants of funds
made available by the United States government under Section
402(a)(5) of the Justice System Improvement Act of 1979, and for
any state funds made available for that purpose. Such agreements
must include the proportion of the amount of required local funds
that shall be supplied by each such local governmental entity or
entitlement jurisdiction. Such agreements may include provisions for
the appointment of any officer or employee of one (1) of the units or
jurisdictions to serve as the collection and disbursement officer for
all 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 entitlement
jurisdiction fails to appropriate or pay the funds that it agrees to
provide in its application for federal or state funds under this chapter,
if any person fails to legally disburse or account for funds received
under this chapter, or if any person embezzles, misappropriates,
conceals, or obtains by fraud funds under this chapter, the institute
shall refer the matter to the attorney general. The attorney general
may bring suit in the name of the state to recover these funds for the
benefit of the state or a local governmental entity or entitlement
jurisdiction. 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 in
subsection (e), expenditures from the fund may be made only in
accordance with appropriations made by the general assembly.
(b) The source of the victim and witness assistance fund is the
family violence and victim assistance fund established by
IC 5-2-6.8-3.
(c) The institute may use money from the victim and witness
assistance fund when awarding a grant or entering into a contract
under this chapter, if the money is used for the support of a program
in the office of a prosecuting attorney or in a state or local law
enforcement agency designed to:
(1) help evaluate the physical, emotional, and personal needs of
a victim resulting from a crime, and counsel or refer the victim
to those agencies or persons in the community that can provide
the services needed;
(2) provide transportation for victims and witnesses of crime to
attend proceedings in the case when necessary; or
(3) provide other services to victims or witnesses of crime when
necessary to enable them to participate in criminal proceedings
without undue hardship or trauma.
(d) Money in the victim and witness assistance fund at the end of
a 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, including
expenditures for personnel and data;
(2) support the registration of sex or violent offenders under
IC 11-8-8 and the Indiana sex and violent offender registry
established under IC 36-2-13-5.5;
(3) provide training for persons to assist victims; and
(4) establish and maintain a victim notification system under
IC 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.3
and 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 the
commission for a drug free Indiana to plan, monitor, and evaluate
comprehensive 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 justice
institute may adopt rules under IC 4-22-2 to administer the
commission. The commission must consist of twenty (20) members
described under subsections (d) and (e) who have distinguished
themselves in their respective fields and who have experience or an
interest in attempting to eliminate alcohol and other drug abuse in
Indiana.
(c) The commission's purpose is to improve the coordination of
alcohol and other drug abuse efforts at both the state and local levels
in an effort to eliminate duplication of efforts while ensuring that
comprehensive alcohol and other drug programs are available
throughout Indiana. The commission's responsibilities include the
following:
(1) Establishing an interagency council on drugs to coordinate
the alcohol and other drug education, prevention, treatment, and
justice programming and funding responsibilities of state
agencies, commissions, and boards including the approval of
alcohol and other drug plans and funding applications by state
agencies, commissions, and boards.
(2) Coordinating the collection of data concerning alcohol and
other drug abuse and the needs, programming, and effectiveness
of state supported programs and services.
(3) Maintaining a system of support to assist local coordinating
councils with technical assistance, guidance, or direct funding
resources.
(4) Continuing to assist the development of local coordinating
councils to identify community drug programs, coordinate
community initiatives, design comprehensive, collaborative
community strategies, and monitor anti-drug activities at the
local level.
(5) Establishing roles, responsibilities, and performance
standards for the local coordinating councils.
(6) Recommending to the governor and general assembly long
and short range goals, objectives, and strategies, including
legislative proposals to be implemented on the state and local
level to reduce drug abuse.
(7) Assisting local communities in the development of citizen
based 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 drugs
established under subsection (c)(1).
(O) Labor.
(e) Four (4) members of the general assembly shall serve as
nonvoting members of the commission. The president pro tempore
of the senate shall appoint two (2) senators, both of whom may not
be members of the same political party. The speaker of the house of
representatives shall appoint two (2) representatives, both of whom
may not be members of the same political party.
(f) The governor or the governor's designee shall serve as the
chairman of the commission.
(g) The commission shall meet one (1) time per month at the call
of the chairman.
(h) Eight (8) voting members of the commission constitute a
quorum. The commission is not prohibited from conducting business
as 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 represented
by 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 is
not entitled to a minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is, however, entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(k) A member of the commission who is a state employee is
entitled to reimbursement for traveling expenses and other expenses
actually incurred in connection with the member's duties, as provided
in the state travel policies and procedures established by the Indiana
department 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 other
law enforcement agencies, the institute shall operate and maintain a
meth watch program to inform retailers and the public about illicit
methamphetamine 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 Indiana
criminal 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 enforcement
agency under IC 5-2-16.
(c) The guidelines adopted under this section must require a law
enforcement agency to report the existence of methamphetamine
abuse to the institute on the form or in the specified electronic format
adopted by the institute.
(d) The guidelines adopted under this section:
(1) may incorporate a recommendation of the methamphetamine
abuse task force (IC 5-2-14, expired June 30, 2007, and
repealed) that the institute determines to be relevant;
(2) may require the institute to report the information
concerning methamphetamine abuse to one (1) or more
additional agencies or organizations;
(3) must require the institute to maintain reports filed under
IC 5-2-16 in a manner that permits an accurate assessment of
methamphetamine abuse in Indiana; and
(4) must require a law enforcement agency to report any other
information 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 of
decontamination
Sec. 19. (a) As used in this section, "institute" refers to the
Indiana criminal justice institute established by section 3 of this
chapter.
(b) As used in this section, "property" refers to a structure or part
of a structure that is used as a home, residence, or sleeping unit.
(c) Subject to specific appropriation by the general assembly, the
institute shall establish, maintain, and operate a web site containing
a list of properties that have been used as the site of a
methamphetamine laboratory. The list of properties shall be based on
information received from a law enforcement agency under
IC 5-2-15-3.
(d) Subject to specific appropriation by the general assembly and
in accordance with subsections (h) and (i), the institute shall publish
the list of properties that have been used as the site of a
methamphetamine laboratory on a web site maintained by the
institute. The institute shall design the web site to enable a user to
easily determine whether a particular property has been used as the
site of a methamphetamine laboratory. The web site shall be referred
to as the "methamphetamine laboratory web site".
(e) The institute shall remove a listed property from the web site
after the property has been certified as decontaminated by an
inspector approved under IC 13-14-1-15 or not more than two (2)
years after the date the methamphetamine laboratory was seized by
a law enforcement agency.
(f) Notwithstanding subsection (c), if property has been certified
as decontaminated by an inspector approved under IC 13-14-1-15
before it is placed on the list required under subsection (c), the
institute may not place the property on the list.
(g) Records concerning a listed property that has been removed
from the web site under subsection (e) are confidential.
(h) This subsection only applies to a rental unit (as defined in
IC 32-31-3-8). The institute may not list a rental unit that has been
used as the site of a methamphetamine laboratory on the web site
until the later of the following:
(1) Thirty (30) days after the date on which the institute
receives information from a law enforcement agency under
IC 5-2-15-3 that the rental unit has been the site of a
methamphetamine laboratory, if the owner or operator of the
rental property has not provided documentation to the institute
showing:
(A) that the property has been inspected by a person certified
to inspect property that is polluted by a contaminant under
IC 13-14-1-15; and
(B) that the owner or operator has begun the process of
decontaminating the property.
(2) If the owner or operator of the rental unit provides the
documentation described in subdivision (1)(A) and (1)(B) not
later than thirty (30) days after the date on which the institute
receives information from a law enforcement agency under
IC 5-2-15-3 that the rental unit has been the site of a
methamphetamine laboratory, one hundred eighty (180) days
after the date on which the institute receives information from
a law enforcement agency that the rental unit has been the site
of a methamphetamine laboratory.
However, if the owner or operator provides documentation to the
institute within the appropriate time period described in subdivision
(1) or (2) that a person authorized to inspect property that is polluted
by a contaminant under IC 13-14-1-15 has certified that the property
is 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 in
IC 32-31-3-8). The institute shall remove a rental unit listed on the
web site not more than five (5) days after receiving documentation
from the owner or operator of the rental property that:
(1) the property has been inspected by a person certified to
inspect property that is polluted by a contaminant under
IC 13-14-1-15; and
(2) that the owner or operator has begun the process of
decontaminating the property.
The institute shall relist the rental unit on the web site not less than
one hundred fifty (150) days after receiving documentation described
in subdivisions (1) and (2), unless the owner or operator of the rental
property provides documentation to the institute that a person
authorized to inspect property that is polluted by a contaminant under
IC 13-14-1-15 has certified that the property is decontaminated or
was 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 seek
federal funds and operate project if funds available; restricted
access to information maintained in the data base
Sec. 20. (a) The institute shall:
(1) attempt to obtain federal funds to establish and operate a
methamphetamine precursor data base pilot project under this
section; and
(2) if the institute obtains sufficient federal funds under
subdivision (1), operate and maintain the pilot project.
(b) A pilot project established under this section must connect
persons who:
(1) sell a drug that contains the active ingredient of ephedrine
or pseudoephedrine, or both; and
(2) record drug sales information in an electronic log under
IC 35-48-4-14.7(c);
to an electronic monitoring system that transfers the drug sales
information to a central data base at the same time the drug sales
information is recorded in the electronic log. Drug sales information
may 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 inspect
and copy a log or the records from the completion of a log under
IC 35-48-4-14.7(c) may have access to information stored in the
central data base described in subsection (b). A person may not sell
or release information in the central data base for a commercial
purpose.
(d) Information stored in a central data base established under this
section 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 is
established.
(b) The gang crime witness protection program shall be developed
and 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 transitional
housing.
(c) The institute shall develop and maintain procedures to award
funds for the purposes described in subsection (b) to an individual
who witnesses a gang crime.
(d) The institute shall adopt rules under IC 4-22-2 to implement
this section.
(e) The director of the Indiana criminal justice institute may delay
the 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 the
criminal justice institute or by an appropriation from the general
assembly.
If the director of the criminal justice institute delays implementation
of this section, the director shall notify each prosecuting attorney of
the 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 under
subsection (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 described
in section 21(b) of this chapter.
(d) The institute shall identify and obtain grants and other funds
that can be used to fund the gang crime witness protection program
under section 21 of this chapter.
(e) Money in the gang crime witness protection fund at the end of
a 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 sexual
assault victim advocate standards and certification board established
by subsection (c).
(b) As used in this section, "rape crisis center" means an
organization that provides a full continuum of services, including
hotlines, victim advocacy, and support services from the onset of the
need for services through the completion of healing, to victims of
sexual assault.
(c) The sexual assault victim advocate standards and certification
board is established. The board consists of the following twelve (12)
members appointed by the governor:
(1) A member recommended by the prosecuting attorneys
council of Indiana.
(2) A member from law enforcement.
(3) A member representing a rape crisis center.
(4) A member recommended by the Indiana Coalition Against
Sexual 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 in
IC 16-27-1-1) qualified in forensic evidence collection and
recommended by the Indiana chapter of the International
Association of Forensic Nurses.
(8) A member who is an employee of the Indiana criminal
justice institute.
(9) A member who is a survivor of sexual violence.
(10) A member who is a physician (as defined in
IC 25-22.5-1-1.1) with experience in examining sexually abused
children.
(11) A member who is an employee of the office of the
secretary of family and social services.
(12) A member who is an employee of the state department of
health, office of women's health.
(d) Members of the board serve a four (4) year term. Not more
than seven (7) members appointed under this subsection may be of
the 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 of
at least seven (7) members of the board is required for the board to
take any official action.
(f) The board shall:
(1) develop standards for certification as a sexual assault victim
advocate;
(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 account
established by subsection (h); and
(5) certify sexual assault victim advocates to provide advocacy
services.
(g) Members of the board may not receive a salary per diem.
Members of the board are entitled to receive reimbursement for
mileage for attendance at meetings. Any other funding for the board
is paid at the discretion of the director of the office of management
and budget.
(h) The sexual assault victims assistance account is established
within the state general fund. The board shall administer the account
to provide financial assistance to rape crisis centers. Money in the
account must be distributed to a statewide nonprofit sexual assault
coalition as designated by the federal Centers for Disease Control
and Prevention under 42 U.S.C. 280 et seq. The account consists of:
(1) amounts transferred to the account from sexual assault
victims 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 the
account; and
(5) interest accruing from the money in the account.
(i) The expenses of administering the account shall be paid from
money in the account. The board shall designate not more than ten
percent (10%) of the appropriation made each year to the nonprofit
corporation for program administration. The board may not use more
than ten percent (10%) of the money collected from certification fees
to administer the certification program.
(j) The treasurer of state shall invest the money in the account not
currently needed to meet the obligations of the account in the same
manner as other public money may be invested.
(k) Money in the account at the end of a state fiscal year does not
revert to the state general fund.
(l) The governor shall appoint a member of the commission each
year 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.
