Sec. 4. (a) A local justice reinvestment advisory council is established in each county in Indiana. The local advisory council of two (2) or more counties may vote to consolidate into a regional advisory council. Membership of a regional advisory council must consist of the members listed in this subsection, which can be filled by a representative from any of the participating counties. A local advisory council consists of at least the following members:

(1) In counties with a chief public defender, the county chief public defender or the county chief public defender’s designee. In counties without a chief public defender, a public defender who practices public defense within the county appointed by the local public defense board. If there is no local public defense board, then a public defender who practices public defense within the county appointed by the circuit court judge.

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Terms Used In Indiana Code 33-38-9.5-4

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
(2) The elected prosecuting attorney or the elected prosecuting attorney’s designee.

(3) In counties with a local community mental health center, the director of the center or the director’s designee.

(4) The county sheriff or the county sheriff’s designee.

(5) In counties with a community corrections program, the director of the county’s community corrections program or the director’s designee.

(6) The chief probation officer or the chief probation officer’s designee.

(7) The president of the county executive (as defined in IC 36-1-2-5) or the president’s designee.

(8) The president of the county fiscal body (as defined in IC 36-1-2-6) or the president’s designee.

(9) A circuit or superior court judge exercising criminal jurisdiction in the county, selected as follows:

(A) If only one (1) circuit or superior judge exercises criminal jurisdiction in the county, that judge serves as a member of the council.

(B) If more than one (1) circuit or superior court judge exercises criminal jurisdiction in the county, the judge selected by a majority of the circuit and superior court judges exercising criminal jurisdiction in the county shall select a judge exercising criminal jurisdiction to serve as a member of the council.

(C) If the judges exercising criminal jurisdiction in the county are unable to select a judge to serve as a member under clause (B), the chief justice of Indiana shall appoint a judge exercising criminal jurisdiction in the county as a member of the council.

     (b) The members of a local or regional advisory council shall annually elect one (1) member as chair and one (1) member as vice chair.

     (c) A local or regional advisory council shall meet at least quarterly.

     (d) The community corrections advisory board may vote to serve as the local or regional advisory council described in this section. Meeting agendas may include business related to both community correction advisory board and local or regional advisory council duties.

As added by P.L.30-2021, SEC.3.