First Regular Session 112th General Assembly (2001)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE ENROLLED ACT No. 1065
AN ACT to amend the Indiana Code concerning family law and juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 11-13-6-5.5; (01)HE1065.1.1. -->
SECTION 1.
IC 11-13-6-5.5
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]:
Sec. 5.5. (a) This section shall not be construed to limit
victim's rights granted by IC 35-40 or any other law.
(b) As used in this section, "sex offense" refers to a sex offense
described in
IC 5-2-12-4
(1).
(c) As used in this section, "victim" means a person who has
suffered direct harm as a result of a delinquent act that would be
a sex offense if the delinquent offender were an adult. The term
includes a victim's representative appointed under
IC 35-40-13.
(d) Unless a victim has requested in writing not to be notified,
the department shall notify the victim involved in the adjudication
of a delinquent offender committed to the department for a sex
offense of the delinquent offender's:
(1) discharge from the department of correction;
(2) release from the department of correction under any
temporary release program administered by the department;
(3) release on parole;
(4) parole release hearing under this chapter;
(5) parole violation hearing under this chapter; or
(6) escape from commitment to the department of correction.
(e) The department shall make the notification required under
subsection (d):
(1) at least forty (40) days before a discharge, release, or
hearing occurs; and
(2) not later than twenty-four (24) hours after the escape of a
delinquent offender from commitment to the department of
correction.
The department shall supply the information to a victim at the
address supplied to the department by the victim. A victim is
responsible for supplying the department with any change of
address or telephone number of the victim.
(f) The probation officer or caseworker preparing the
predispositional report under
IC 31-37-17
shall inform the victim
before the predispositional report is prepared of the right of the
victim to receive notification from the department under
subsection (d). The probation department or county office of
family and children shall forward the most recent list of the
addresses or telephone numbers, or both, of victims to the
department. The probation department or county office of family
and children shall supply the department with the information
required by this section as soon as possible but not later than five
(5) days after the receipt of the information. A victim is responsible
for supplying the department with the correct address and
telephone number of the victim.
(g) Notwithstanding
IC 11-8-5-2
and
IC 4-1-6
, a delinquent
offender may not have access to the name and address of a victim.
Upon the filing of a motion by a person requesting or objecting to
the release of victim information or representative information, or
both, that is retained by the department, the court shall review in
camera the information that is the subject of the motion before
ruling on the motion.
(h) The notice required under subsection (d) must specify
whether the delinquent offender is being discharged, is being
released under a temporary release program administered by the
department, is being released on parole, is having a parole release
hearing, is having a parole violation hearing, or has escaped. The
notice must contain the following information:
(1) The name of the delinquent offender.
(2) The date of the delinquent act.
(3) The date of the adjudication as a delinquent offender.
(4) The delinquent act of which the delinquent offender was
adjudicated.
(5) The disposition imposed.
(6) The amount of time for which the delinquent offender was
committed to the department.
(7) The date and location of the interview (if applicable).
SOURCE: IC 31-37-17-7; (01)HE1065.1.2. -->
SECTION 2.
IC 31-37-17-7
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]:
Sec. 7. (a) This section shall not be construed to limit
victim's rights granted by IC 35-40 or any other law.
(b) In the case of a child who commits a delinquent act that
would be a sex offense (as defined in IC 11-13-6-5.5(b)) if the child
were an adult, the person preparing the predispositional report
under section 1 of this chapter shall, before the predispositional
report is prepared, notify each victim (as defined in
IC 11-13-6-5.5
)
in the proceeding of the victim's rights under
IC 11-13-6-5.5
and
the procedures related to the exercises of those rights.