February 7, 2007





HOUSE BILL No. 1128

_____


DIGEST OF HB 1128 (Updated January 31, 2007 4:20 pm - DI 69)



Citations Affected: IC 11-12.

Synopsis: Community corrections advisory boards. Provides that a majority of the members of a community corrections advisory board may establish a quorum requirement of at least six but less than a majority of the members.

Effective: July 1, 2007.





Stilwell




    January 8, 2007, read first time and referred to Committee on Courts and Criminal Code.
    February 6, 2007, amended, reported _ Do Pass.






February 7, 2007

First Regular Session 115th General Assembly (2007)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1128



    A BILL FOR AN ACT to amend the Indiana Code concerning corrections.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 11-12-2-2; (07)HB1128.1.1. -->     SECTION 1. IC 11-12-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) To qualify for financial aid under this chapter, a county must establish a community corrections advisory board by resolution of the county executive or, in a county having a consolidated city, by the city-county council. A community corrections advisory board consists of:
        (1) the county sheriff or the sheriff's designee;
        (2) the prosecuting attorney or the prosecuting attorney's designee;
        (3) the director of the county office of family and children or the director's designee;
        (4) the executive of the most populous municipality in the county or the executive's designee;
        (5) two (2) judges having criminal jurisdiction, if available, appointed by the circuit court judge or the judges' designees;
        (6) one (1) judge having juvenile jurisdiction, appointed by the circuit court judge;
        (7) one (1) public defender or the public defender's designee, if available, or one (1) attorney with a substantial criminal defense practice appointed by the county executive or, in a county having a consolidated city, by the city-county council;
        (8) one (1) victim, or victim advocate if available, appointed by the county executive or, in a county having a consolidated city, by the city-county council;
        (9) one (1) ex-offender, if available, appointed by the county executive or, in a county having a consolidated city, by the city-county council; and
        (10) the following members appointed by the county executive or, in a county having a consolidated city, by the city-county council:
            (A) One (1) member of the county fiscal body or the member's designee.
            (B) One (1) probation officer.
            (C) One (1) educational administrator.
            (D) One (1) representative of a private correctional agency, if such an agency exists in the county.
            (E) One (1) mental health administrator, or, if there is none available in the county, one (1) psychiatrist, psychologist, or physician.
            (F) Four (4) lay persons, at least one (1) of whom must be a member of a minority race if a racial minority resides in the county and a member of that minority is willing to serve.
    (b) Designees of officials designated under subsection (a)(1) through (a)(7) and (a)(10)(A) serve at the pleasure of the designating official.
    (c) Members of the advisory board appointed by the county executive or, in a county having a consolidated city, by the city-county council, shall be appointed for a term of four (4) years. The criminal defense attorney, the ex-offender, and the victim or victim advocate shall be appointed for a term of four (4) years. Other members serve only while holding the office or position held at the time of appointment. The circuit court judge may appoint himself to fill the position of the judge having juvenile court jurisdiction by self appointment if he the circuit court judge is otherwise qualified. A vacancy occurring before the expiration of the term of office shall be filled in the same manner as original appointments for the unexpired term. Members may be reappointed.
    (d) Two (2) or more counties, by resolution of their county executives or, in a county having a consolidated city, by the city-county council, may combine to apply for financial aid under this chapter. If

counties so combine, the counties may establish one (1) community corrections advisory board to serve these counties. This board must contain the representation prescribed in subsection (a), but the members may come from the participating counties as determined by agreement of the county executives or, in a county having a consolidated city, by the city-county council.
    (e) The members of the community corrections advisory board shall, within thirty (30) days after the last initial appointment is made, meet and elect one (1) member as chairman and another as vice chairman and appoint a secretary-treasurer who need not be a member. For purposes of transacting business, A majority of the membership constitutes members of a community corrections advisory board may provide for a number of members that is:
        (1) less than a majority of the members; and
        (2) at least six (6);
to constitute
a quorum for purposes of transacting business. The affirmative votes of at least five (5) members, but not less than a majority of the members present, are required for the board to take action. A vacancy in the membership does not impair the right of a quorum to transact business.
    (f) The county executive and county fiscal body shall provide necessary assistance and appropriations to the community corrections advisory board established for that county. Appropriations required under this subsection are limited to amounts received from the following sources:
        (1) Department grants.
        (2) User fees.
        (3) Other funds as contained within an approved plan.
Additional funds may be appropriated as determined by the county executive and county fiscal body.