The even numbered years are scheduled for the “short” sessions of the Indiana Legislature. The past session may have been short, but it was historic in many ways. Significant property tax relief was enacted for the first time since 1973. The state will be picking up the tab on juvenile services expenses traditionally the responsibility of local governments. Judge Lynn Murray has a detailed article on this topic on page 2 of this issue. But there were other laws that were passed by this General Assembly that also have an impact on the judicial branch of government. We are highlighting some of those in this article. Unless otherwise noted, the new laws will be effective on July 1, 2008.
Criminal Law
Cooling off period for domestic battery
When someone is arrested for domestic violence, the facility holding the accused must keep that person in custody for eight (8) hours; and a court is without authority to release them on bail until at least eight (8) hours after arrest. (S.E.A. 27, P.L. 44)
Parole issues – No parole discharge papers to clerk of sentencing court
The parole board no longer must send a copy of its order discharging an offender from parole to the clerk of the sentencing court. (S.E.A. 117, P.L. 46)
Violation of probation and home detention
Under the probation revocation statutes, a court may impose one or more of the listed sanctions, codifying the decision in Prewitt v. State, 878 N.E.2d 184 (Ind. 2007). It also permits sentencing county authorities to place and supervise an offender on home detention who lives in an adjacent county. (S.E.A. 139, P.L. 48)
Domestic violence: no contact orders
As a condition of a person’s executed sentence and bail, a sentencing court may order that person to refrain from any direct or indirect contact with an individual. (S.E.A. 227, P.L. 104)
Sex offenders and new offenses, electronic sentencing abstracts, aggravating sentencing factor based on victim’s disability
Sex offenders and new offenses
The mandatory condition of probation that convicted sex offenders may not live within 1,000 feet of school property, is now defined as being 1,000 feet from a residence property line to the school property line.
It also adds several required conditions of probation for sex offenders.
Aggravating sentencing factor
Adds to the list of aggravating sentencing factors that the victim was disabled and the defendant knew or should have known that the victim was disabled.
Electronic sentencing abstracts
When a judge commits an offender to the Department of Corrections, the court must send to the Department the abstract of conviction, the judgment of conviction, and the sentencing order. The court may use any Department-approved electronic means to send this information. (S.E.A. 258, P.L. 119)
Bail – hearing required for certain sex offenders
A court must conduct an open court bail hearing, prior to granting bail, for anyone who is:
1) a sexually violent predator or someone charged with an offense that would classify that person as a sex or violent offender; 2) a person charged with child molesting; or 3) person charged with child solicitation.
A bail hearing must be held within forty-eight (48) hours of arrest, unless there are some exigent circumstances to prevent it. At the conclusion of the hearing, the court must decide whether the factors listed in IC 35-33-8-4 warrant the imposition of additional bail. (H.E.A. 1276, P.L. 74)
Family & Juvenile Law
Property tax relief (provision on juvenile courts)
This legislation (H.E.A. 1001, P.L. 146) provides for significant changes in the funding of child services and juvenile court procedures and has various effective dates on its many provisions. See “You Can Bank On It: State Funding for Juvenile Services Will Relieve County Burden” on page 2. The Judicial Center’s summary of this bill can be found at: courts.in.gov/center/legislation/hea1001-summary.pdf.
Juvenile offenders and detention centers
Misdemeanor jurisdiction over juveniles
Juvenile courts are granted jurisdiction over cases involving juveniles who commit misdemeanor traffic violations and in cases involving juveniles previously waived to a court with misdemeanor jurisdiction. It removes juvenile court jurisdiction over a juvenile who is at least 16 years of age and commits a felony handgun violation. It permits a juvenile court to waive jurisdiction if a child is charged with a felony for certain patterns of delinquent acts if the juvenile is at least 14 years of age and under other specified conditions.
Juvenile detention centers
A representative or designee of the Indiana Criminal Justice Institute’s compliance monitoring program will have reasonable access to inspect and monitor any facility used to house or hold juveniles to ensure maintenance of the requirements of the Juvenile Justice Delinquency Prevention Act. (H.E.A. 1122, P.L. 67)
Judicial Administration
Judges’ pensions: court fees and study of judicial selection process
Court administration fee
The court administration fee is increased from $3 to $5 with the additional amount dedicated to the judges’ retirement fund. Marion County Small Claims courts will distribute 40% of the collections of the court administration fee to the township trustee for use in funding court operations.
St. Joseph County judges
The Commission on Courts must study the selection of judges in St. Joseph County and report any findings and recommendations in its final report, which is due by November 1, 2008. (S.E.A. 329; P.L. 122)
Other provisions concerning courts
Hardship licenses
A person may petition for a hardship driving license in the circuit or superior court of their home county, if the petitioner: 1) is a defendant in a pending case involving operation of a vehicle while intoxicated; 2) is on probation after being convicted of operating a vehicle while intoxicated; or 3) has had driving privileges suspended after being convicted of committing a controlled substance offense.
The petition may be filed only in the circuit court or superior court in which the case is pending or the petitioner was convicted.
Powers of a magistrate
A magistrate has the power to enter a final order or judgment in a proceeding involving the small claims docket of the court and to issue protective orders to prevent domestic or family violence.
Franklin County Courts
A second judge is added to the Franklin circuit court, and the Franklin circuit court magistrate is abolished, as of January 1, 2009.
Madison County Courts
The Madison county court is abolished as of January 1, 2009. The Madison superior court judges are increased from three to five on January 1, 2009. The two persons elected Madison county court judges on November 4, 2008, become the fourth and fifth judges of the Madison superior court.
Miami County Courts
A second judge is added to the Miami superior court on January 1, 2009.
Dearborn, Jefferson, Ohio, & Switzerland County Courts
As of January 1, 2009: 1) the Ohio County and Switzerland County joint superior court is abolished; 2) the Jefferson County and Switzerland County joint fifth judicial circuit is abolished; and 3) Jefferson County constitutes and continues in the fifth judicial circuit and Switzerland County constitutes a new ninety-first judicial circuit. The judge of the Dearborn and Ohio Circuit Court may appoint one full-time magistrate. The state is prohibited from paying any of the salary of a chief deputy prosecuting attorney appointed by the prosecuting attorney for the Switzerland County ninety-first judicial circuit.
St. Joseph Probate Court Magistrates
The St. Joseph Probate Court Judge may appoint three (3) full-time magistrates instead of one (1). (H.E.A. 1096, P.L. 127)
Law enforcement continuing education program court fee
The law enforcement continuing education program court fee is increased from $3 to $4. (H.E.A 1318, P.L. 97)
The Judicial salaries fee increases by $1 effective July 1,2008. (IC 33-37-5-26)
Miscellaneous
Courthouse Preservation Advisory Commission
Establishes the courthouse preservation advisory commission and the courthouse preservation fund. Requires the commission to provide assistance for courthouse related projects and to submit a report to the legislative council. (S.E.A. 176, P.L. 85)
Salaries & Benefits
Judges’ pensions
The base computation of annual retirement benefits for certain participants in the 1985 judges’ pension plan, who apply for retirement after December 31, 2009, will be determined by the salary being paid for the office that the participant held at the time of separation from service.
Participants who have retired before January 1, 2010, or for certain terminated vested participants, the benefit increases paid after December 31, 2009 are equal to the percentage increase of the salary being paid for the office the participant held at the time of separation.
A full-time magistrate serving on July 1, 2010 may elect to participate in the 1985 judges’ pension plan.
A person who begins service as a full-time magistrate after July 1, 2010 participates in the 1985 judges’ pension plan. If certain conditions are met, a magistrate participating in the 1985 judges’ pension plan may purchase service credit for service earned in PERF as a full-time referee, commissioner, or magistrate. Also, under certain circumstances, a judge may transfer service credit earned as a full-time referee, commissioner, or magistrate after leaving a position covered by the 1985 plan. (S.E.A. 329, P.L.122)
The legislative digest for all bills passed this session can be found at www.in.gov/legislative/reports/2008/DIGEST_OF_ENACTMENTS.PDF.
If you would like to see the entire text of any law, you can find that information at www.in.gov/apps/lsa/session/billwatch/billinfo.
The complete “Final Legislative Update,” may be found at courts.in.gov/center/legislation/2008/final-update.pdf.