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
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will appear in that style type in the introductory clause of each SECTION that adds
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between statutes enacted by the 2006 Regular Session of the General Assembly.
HOUSE BILL No. 1128
A BILL FOR AN ACT to amend the Indiana Code concerning
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
(3) the director of the county office of family and children or the
(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
(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
(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
(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
position of the judge having juvenile court jurisdiction by self
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.
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
(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.