Once again, JTAC is using technology to provide Indiana judges with the necessary tools so that they can comply with laws that ensure the timely determination of a person’s eligibility to possess firearms. Firearm laws have been enacted to improve our national security and the public safety of citizens throughout the country. JTAC’s Mental Health Adjudication software will send critical information from the courts, through the Indiana Data Communication System (IDACS) maintained by the Indiana State Police, and on to the FBI’s National Crime Information Center (NCIC). This information is then available to all states that are seeking prior clearance of individuals who desire to possess or purchase a handgun.
On November 13, 2009, JTAC sent notices to all judges and clerks that they could begin to input mental health adjudication data into a new INcite (Indiana Court Information Technology Extranet) software application.
Public Law 110-2009 was passed by the Indiana General Assembly and signed into law by Gov. Mitch Daniels on May 15, 2009. The highlights of this law requires the division of state court administration to establish and administer an electronic system for:
(1) receiving information that relates to certain individuals who may be prohibited from possessing a firearm; and
(2) transmitting this information to the Federal Bureau of Investigation for inclusion in the federal National Instant Criminal Background Check System (NICS).
The law also provides that, if a court makes adjudication or a finding concerning a person’s mental health that may disqualify the person from possessing a firearm, the court shall transmit certain information concerning the finding or adjudication to the division of state court administration for transmittal to NICS. The law also establishes a procedure by which a person who has been released from commitment or who has completed treatment may have the person’s disqualification to possess a firearm removed.
This law is a direct result of the Virginia Tech incident and the National Instant Criminal Background Check System (NICS) Improvement Amendments Act of 2007. Former Fort Wayne mayor Paul Helmke is the current President of the Brady Campaign to Prevent Gun Violence and has encouraged Indiana to take the necessary steps to come into compliance with federal law.
The initiative is being funded by a grant from the National Criminal History Improvement Program (NCHIP) through the Indiana Criminal Justice Institute. In addition to the Division of State Court Administration and ICJI, the Indiana State Police, Prosecuting Attorneys Council, Homeland Security, FSSA’s Division of Mental Health, Indiana Judicial Center, and Gov. Mitch Daniels worked together to accomplish this initiative.