Sec. 1. (a) As used in this chapter, under the policies on juvenile diversion established by the statewide juvenile justice oversight body described in IC 2-5-36-9.3, “juvenile diversion” means:

(1) a decision made by the prosecutor that results in legal action not being taken against a child, and instead provides or refers a child to juvenile probation or a community based organization for supervision and services, as necessary; and

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Terms Used In Indiana Code 31-37-8.5-1

  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • juvenile: as used in this article means any person who is a minor under the law of the state of residence of the parent, guardian, person or agency entitled to the legal custody of such minor. See Indiana Code 31-37-23-1
  • juvenile diversion: means :

    Indiana Code 31-37-8.5-1

  • Oversight: Committee review of the activities of a Federal agency or program.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Subpoena: A command to a witness to appear and give testimony.
(2) an effort to prevent further involvement of the child in the formal legal system.

     (b) As used in this chapter, “restorative justice services” means services focused on repairing the harm caused to victims and the community as a result of a child’s behavior.

     (c) As part of the preliminary inquiry described in IC 31-37-8, the intake officer shall use a validated risk screening tool to inform its recommendation to the prosecutor.

     (d) Results from the risk screening tool and the intake officer’s recommendation described in subsection (c) shall be made available to the prosecutor to inform a recommendation for participation in juvenile diversion.

     (e) After the preliminary inquiry, which includes use of a risk screening tool, and prior to a petition being filed, the intake officer may recommend to the prosecuting attorney that the child participate in juvenile diversion if the intake officer has probable cause to believe that the child is a delinquent child.

     (f) Information obtained:

(1) from the risk screening tool described in subsection (c); and

(2) in the course of any screening, including any admission, confession, or incriminating evidence;

from a child in the course of any screening or assessment in conjunction with the proceedings under this chapter is not admissible into evidence in any factfinding hearing in which the child is accused. The child is not subject to subpoena, any other court proceeding, or any other purpose described in this section.

     (g) If the prosecuting attorney approves a child’s participation in juvenile diversion described in subsection (a), juvenile probation, as part of a child’s juvenile diversion program, may:

(1) refer a child to community based programs or service providers, if necessary;

(2) provide case management and service coordination;

(3) provide assistance with barriers to completion; and

(4) monitor progress;

so the child can complete the terms of juvenile diversion offered to the child.

As added by P.L.101-2022, SEC.18.

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