Note: This version of section effective until 7-1-2024. See also following version of this section, effective 7-1-2024.

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Terms Used In Indiana Code 33-38-9.5-2

  • 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.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Ranking minority member: The highest ranking (and usually longest serving) minority member of a committee or subcommittee.
     Sec. 2. (a) The justice reinvestment advisory council is established. The advisory council consists of the following members:

(1) The executive director of the Indiana public defender council or the executive director’s designee.

(2) The executive director of the Indiana prosecuting attorneys council or the executive director’s designee.

(3) The director of the division of mental health and addiction or the director’s designee.

(4) The president of the Indiana Sheriffs’ Association or the president’s designee.

(5) The commissioner of the Indiana department of correction or the commissioner’s designee.

(6) The chief administrative officer of the office of judicial administration or the chief administrative officer’s designee.

(7) The executive director of the Indiana criminal justice institute or the executive director’s designee.

(8) The president of the Indiana Association of Community Corrections Act Counties or the president’s designee.

(9) The president of the Probation Officers Professional Association of Indiana or the president’s designee.

(10) The budget director or the budget director’s designee.

(11) The executive director of the Association of Indiana Counties or the executive director’s designee.

(12) The president of the Indiana Judges Association or the president’s designee.

(13) The chair of the Indiana public defender commission or the chair’s designee.

(14) The chair of the senate corrections and criminal law committee or the chair’s designee.

(15) The ranking minority member of the senate corrections and criminal law committee or the ranking minority member’s designee.

(16) The chair of the house courts and criminal code committee or the chair’s designee.

(17) The ranking minority member of the house courts and criminal code committee or the ranking minority member’s designee.

(18) The governor or the governor’s designee.

(19) The president and chief executive officer of the Indiana Council of Community Mental Health Centers or the president and chief executive officer’s designee.

(20) The president and chief executive officer of Mental Health America of Indiana or the president and chief executive officer’s designee.

     (b) The chief justice or the chief justice’s designee shall serve as chairperson of the advisory council.

     (c) The duties of the advisory council include:

(1) reviewing and evaluating state and local criminal justice systems and corrections programs, including pretrial services, behavioral health treatment and recovery services, community corrections, county jails, parole, and probation services;

(2) reviewing the processes used by the department of correction and the division of mental health and addiction in awarding grants;

(3) reviewing and evaluating jail overcrowding to identify a range of possible solutions;

(4) coordinating with other criminal justice funding sources;

(5) establishing committees to inform the work of the advisory council; and

(6) performing other relevant duties as determined by the advisory council.

     (d) The advisory council may make recommendations to:

(1) the department of correction, community corrections advisory boards, and the division of mental health and addiction concerning the award of grants;

(2) criminal justice systems and corrections programs concerning best practices to improve outcomes of persons under supervision;

(3) the Indiana general assembly concerning legislation and funding for criminal justice initiatives;

(4) the Indiana criminal justice institute concerning criminal justice funding priorities;

(5) the office of judicial administration concerning veterans problem-solving court grants; and

(6) the county sheriffs concerning strategies to address jail overcrowding and implementing evidence based practices for reducing recidivism for individuals in county jails.

     (e) The office of judicial administration shall staff the advisory council.

     (f) The affirmative votes of a majority of the voting members appointed to the advisory council are required for the advisory council to take action on any measure.

     (g) The advisory council shall meet as necessary to:

(1) work with the department of correction and the division of mental health and addiction to establish the grant criteria and grant reporting requirements described in subsection (k);

(2) review grant applications;

(3) make recommendations and provide feedback to the department of correction and the division of mental health and addiction concerning grants to be awarded;

(4) review grants awarded by the department of correction and the division of mental health and addiction; and

(5) suggest areas and programs in which the award of future grants might be beneficial.

     (h) The advisory council, in conjunction with the Indiana criminal justice institute, shall jointly issue an annual report under IC 5-2-6-24.

     (i) The advisory council shall review the composition of the community corrections advisory board described in IC 11-12-2-2 and make a recommendation to the legislative council in an electronic format under IC 5-14-6 before November 1, 2022, regarding how to reduce the membership of a community corrections advisory board and the recommended membership for a community corrections advisory board.

     (j) Any entity that receives funds:

(1) recommended by the advisory council; and

(2) appropriated by the department of correction;

for the purpose of providing additional treatment or supervision services shall provide the information described in subsection (k) to the department of correction to aid in the compilation of the report described in subsection (h).

     (k) The department of correction shall provide the advisory council with the following information:

(1) The total number of participants, categorized by level of most serious offense, who were served by the entity through funds described in subsection (j).

(2) The percentage of participants, categorized by level of most serious offense, who completed a treatment program, service, or level of supervision.

(3) The percentage of participants, categorized by level of most serious offense, who were discharged from a treatment program, service, or level of supervision.

(4) The percentage of participants, categorized by level of most serious offense, who:

(A) completed a funded treatment program, service, or level of supervision; and

(B) were subsequently committed to the department of correction;

within twenty-four (24) months after completing the funded treatment program, service, or level of supervision.

(5) The percentage of participants, categorized by level of most serious offense, who were:

(A) discharged from a funded treatment program, service, or level of supervision; and

(B) subsequently committed to the department of correction;

within twenty-four (24) months after being discharged from the funded treatment program, service, or level of supervision.

(6) The total number of participants who completed a funded treatment program, service, or level of supervision.

(7) The total number of participants who:

(A) completed a funded treatment program, service, or level of supervision; and

(B) were legally employed.

(8) Any other information relevant to the funding of the entity as described in subsection (j).

As added by P.L.179-2015, SEC.13. Amended by P.L.88-2016, SEC.2; P.L.151-2017, SEC.1; P.L.65-2018, SEC.6; P.L.108-2019, SEC.240; P.L.34-2020, SEC.2; P.L.48-2020, SEC.3; P.L.207-2021, SEC.53; P.L.114-2022, SEC.27; P.L.42-2024, SEC.152.