Note: This version of section effective until 7-1-2018. See also following version of this section, effective 7-1-2018.
- (b) The institute shall monitor and evaluate criminal code reform as described in this section.
(c) The institute shall annually gather data and analyze the impact of criminal code reform on:
- (1) local units of government;
- (2) the department of correction; and
- (3) the office of judicial administration.
- (d) The institute shall prepare an annual report, in conjunction with the justice reinvestment advisory council (established by IC 33-38-9.5-2 ), containing the results of its analysis before December 1 of each year. The report shall be provided to the governor, the chief justice, and the legislative council. The report provided to the legislative council must be in an electronic format under IC 5-14-6 .
(e) The report required under this section must:
(1) include an analysis of:
(A) the effect of criminal code reform on:
- (i) county jails;
- (ii) community corrections programs;
- (iii) probation departments; and
- (iv) courts;
- (B) recidivism rates;
- (C) reentry court programs; and
- (D) data relevant to the availability and effectiveness of mental health and addiction programs for persons who are at risk of entering the criminal justice system, who are in the criminal justice system, and who have left the criminal justice system;
- (2) track the number of requests for sentence modification that are set for hearing by the court, including the relief granted by the court, if any. The report must include whether the grant or denial of a request for sentence modification was discretionary or mandatory, and whether the prosecuting attorney opposed the request for sentence modification, agreed to the request for sentence modification, or took no position on the request for sentence modification; and
(3) track, by age and offense, the number of juveniles under the jurisdiction of an adult court due to:
- (A) lack of jurisdiction under IC 31-30-1-4 ; or
- (B) waiver of jurisdiction under IC 31-30-3-2 through IC 31-30-3-6 .
- (f) All local units of government and local elected officials, including sheriffs, prosecuting attorneys, judges, and county fiscal bodies, shall cooperate with the institute by providing data as requested by the institute.
- (g) State agencies, including the department of correction, the Indiana prosecuting attorneys council, the Indiana public defender council, and the office of judicial administration, shall assist the institute by providing requested data in a timely manner.
- (h) Based on their analysis, the institute and the justice reinvestment advisory council shall include recommendations to improve the criminal justice system in Indiana, with particular emphasis being placed on recommendations that relate to sentencing policies and reform.
- (i) The institute and the justice reinvestment advisory council shall include research data relevant to their analysis and recommendations in the report.
Sec. 24. (a) As used in this section, "criminal code reform" refers to statutory provisions relating to criminal law enacted by P.L.158-2013 and HEA 1006-2014.
As added by P.L.168-2014, SEC.8. Amended by P.L.187-2015, SEC.1; P.L.26-2017, SEC.1; P.L.65-2018, SEC.1.