H.E.A. 1304, P.L. 187-2015
Effective: §§1-30, 34-52 effective July 1, 2015; §§31-33 effective January 1, 2016
Requires the criminal justice institute to track the number of juveniles in adult court. Requires custodial interrogations of juveniles to be recorded. Raises the ages for waiver of jurisdiction of certain juveniles to adult court.
Allows a person with an intellectual disability, developmental disability, or autism spectrum disorder to participate in a forensic diversion program. Authorizes a prosecuting attorney to require a person participating in a prosecutorial diversion program to receive mental health treatment to reduce recidivism, and allows diversion and deferral fees to be used to fund mental health treatment programs to reduce recidivism. Allows a criminal court to appoint a forensic advocate to assist a person with an intellectual disability, developmental disability, or autism spectrum disorder who is charged with a criminal offense.
Allows continuation of a prosecution for a person who is a drug abuser or an alcoholic charged with a misdemeanor or certain felonies. Provides that addiction counseling, inpatient detoxification, and the administration of a federal Food and Drug Administration (FDA) approved, nonaddictive medication for alcohol or opioid treatment may be required to treat opioid or alcohol addiction as a condition of parole, probation, community corrections, pretrial diversion, or participation in a problem solving court. Provides that the Division of Mental Health and Addiction may consider the administration of an FDA approved, nonaddictive medication for alcohol or opioid treatment as an alternative to methadone treatment.
Repeals provisions allowing juvenile courts to modify disposition orders concerning truancy and runaways. Makes it a delinquent act for a child to leave a specific location designated by the child’s parent, guardian, or custodian: (1) without reasonable cause; and (2) without permission of the parent, guardian, or custodian, who requests the child’s return. Provides that a child who commits the delinquent act of running away may not be held in a juvenile detention facility.
Provides that a juvenile shall not be restrained in court unless the court determines the juvenile is dangerous or potentially dangerous.
Allows drug abusers or alcoholics charged with or convicted of certain felonies to request treatment for addictions. Provides that a convicted individual may be placed on probation if the individual requests to undergo substance abuse treatment. Provides for voluntary and involuntary treatment for drug addictions.
Allows an alcohol and drug services program or the clerk of a court to collect fees concerning court established alcohol and drug services programs.
Excludes possession of rolling papers and raw materials from the crime of possession of paraphernalia, and removes possession of paraphernalia as an infraction. Makes the knowing or intentional possession of paraphernalia a Class C misdemeanor, and increases the penalty to a Class A misdemeanor if the person has a prior unrelated judgment or conviction. Makes it a Level 6 felony to possess a hypodermic needle with intent to commit a controlled substance offense. (Under current law, the offense only applies if committed with intent to violate the legend drug act.)
Requires the Division of Mental Health and Addiction and the Division of Disability and Rehabilitative Services to submit a report to the legislative council concerning services for individuals with dual diagnosis. Increases the penalty for child molesting if it results in the transmission of a dangerous sexually transmitted disease.
Allows the state to seek the death penalty or a sentence of life without parole for a murder committed in a building primarily used for educational purposes if the murder is committed: (1) on school property or in a building owned by a postsecondary educational institution; and (2) at a time when children are likely to be present (for a building on school property) or classes are in session (for a building owned by a postsecondary educational institution). Authorizes the state to seek the death penalty or a sentence of life without parole for a murder committed in a building primarily used for religious worship if the murder is committed at a time when persons are likely to be present for religious worship or education. Makes technical corrections.
The full law is available at: http://iga.in.gov/legislative/2015/bills/house/1304