Shown verbatim: the complete text as captured from the official PDF posted by the Indiana General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
Second Regular Session of the 124th General Assembly (2026)
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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2025 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1033
AN ACT to amend the Indiana Code concerning courts and court
officers.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 11-12-2-2, AS AMENDED BY P.L.86-2017,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: 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 executive of the most populous municipality in the county
or the executive's designee;
(4) in a county:
(A) without a consolidated city, two (2) judges having
criminal jurisdiction, if available, appointed by the circuit
court judge or the judges' designees; or
(B) with a consolidated city, one (1) of the judges must be
the chief judge selected under IC 33-33-49-14.1(c) and the
other judge shall be appointed by the chief judge;
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(5) in a county:
(A) without a consolidated city, one (1) judge having
juvenile jurisdiction, appointed by the circuit court judge; or
(B) with a consolidated city, one (1) judge having juvenile
jurisdiction, appointed by the chief judge selected under
IC 33-33-49-14.1(c);
(6) 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;
(7) 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;
(8) one (1) ex-offender, if available, appointed by the county
executive or, in a county having a consolidated city, by the
city-county council;
(9) the director of the local office of the department of child
services or the director's designee;
(10) in a county:
(A) without a consolidated city, a representative from a
juvenile correctional facility or juvenile detention center in the
county, but if no facility exists, one (1) mental health
representative chosen by the judge described in subdivision
(5); or
(B) with a consolidated city, a mental health
representative, which could include a representative from
a juvenile correctional facility or juvenile detention center
in the county, appointed by the chief judge selected under
IC 33-33-49-14.1(c);
(11) a representative from the Juvenile Detention Alternatives
Initiative, but if no program exists, a representative from the court
appointed special advocate program in the county or guardian ad
litem program in the county; and
(12) 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) juvenile probation officer.
(D) One (1) educational administrator.
(E) One (1) representative of a private correctional agency, if
such an agency exists in the county.
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(F) One (1) mental health administrator, or, if there is none
available in the county, one (1) psychiatrist, psychologist, or
physician.
(G) 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)(6), (a)(9), and (a)(12)(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 In a county that does not have a consolidated city,
the circuit court judge may fill the position of the judge having juvenile
court jurisdiction by self appointment if 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. A
majority of the 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
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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.
SECTION 2. IC 31-31-9-1.5, AS ADDED BY P.L.142-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1.5. As used in this chapter, "executive
committee" means the executive committee elected under
IC 33-33-49-14 (before its repeal) or under IC 33-33-49-14.1.
SECTION 3. IC 33-33-49-5.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5.5. As used in this chapter,
"full court" means the total of all Marion Superior Court judges
who are appointed and serving as judges.
SECTION 4. IC 33-33-49-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) The court
may adopt rules for conducting the business of the court. Any local
rule that conflicts with this chapter is invalid. Except as provided in
subsection (b), in all matters action of the court may only be taken by
a vote of a majority of the judges sitting at the time the vote is taken.
(b) Action of the court to remove a member of the executive
committee, including the presiding chief judge, or either associate
presiding judge may only be taken by a vote of two-thirds (2/3) of the
judges sitting at the time the vote is taken. an affirmative vote of
eighty-five percent (85%) of the full court serving at the time the
vote is taken.
(c) The court has all the powers incident to a court of record in
relation to the attendance of witnesses, punishment of contempts, and
enforcement of the court's orders. The judges may administer oaths,
solemnize marriages, take and certify acknowledgments of deeds and
all legal instruments, and to give all necessary certificates for the
authentication of the records and proceedings in the court.
SECTION 5. IC 33-33-49-13.1, AS AMENDED BY P.L.186-2025,
SECTION 173, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 13.1. (a) As used in this
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chapter:
(1) "close relative" has the meaning set forth in IC 33-23-11-2;
and
(2) "committee" refers to the Marion County judicial selection
committee established by subsection (b).
(b) The Marion County judicial selection committee is established
to:
(1) select nominees for the court; and
(2) make recommendations to the voters determinations
concerning the retention suitability of a judge on the court. to
continue to hold judicial office.
(c) The committee consists of the following fourteen (14) members:
(1) Four (4) members who reside in Marion County, appointed as
follows:
(A) One (1) member appointed by the speaker of the house of
representatives.
(B) One (1) member appointed by the minority leader of the
house of representatives.
(C) One (1) member appointed by the president pro tempore
of the senate.
(D) One (1) member appointed by the minority leader of the
senate.
A person appointed under this subdivision may not be a member
of the general assembly.
(2) An attorney who resides in Marion County and practices
primarily in the area of criminal law, appointed by the president
of the Indianapolis bar association.
(3) An attorney who resides in Marion County and practices
primarily in the area of criminal law, appointed by the president
of the Marion County bar association.
(4) An attorney who resides in Marion County, appointed by the
president of the Indiana Trial Lawyers Association.
(5) An attorney who resides in Marion County, appointed by the
president of the Defense Trial Counsel of Indiana. Two (2)
attorneys who reside in Marion County and practice
primarily in the areas of criminal, juvenile, or family law or
business and commercial law, appointed by the governor.
(3) Two (2) attorneys who reside in Marion County and
practice primarily in the areas of criminal, juvenile, or family
law or business and commercial law, appointed by the chief
justice of the supreme court.
(6) (4) Two (2) members appointed by the chairperson of each
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major political party (as defined by IC 3-5-2.1-62(2)) in Marion
County. Each of the four (4) members appointed under this
subdivision must reside in Marion County and must reflect the
diversity and makeup of Marion County.
(7) (5) The chief judge of the Indiana Court of Appeals or a
designee of the chief judge who is a judge of the Indiana Court of
Appeals. The chief judge or chief judge's designee serves as the
vice chairperson of the committee ex officio.
(8) (6) The chief justice of Indiana or a designee of the chief
justice who is a justice of the Indiana Supreme Court. The chief
justice or chief justice's designee serves as the chairperson of the
committee ex officio.
(d) If a member of the committee is employed by a law firm, no
other person employed by the same law firm may be appointed to the
committee.
(e) A member of the committee may not be:
(1) a current or former judge of the Marion superior or circuit
court;
(2) a current or former judicial officer appointed by the Marion
superior or circuit court;
(3) a current or former employee of the Marion superior or circuit
court; or
(4) a close relative of anyone who:
(A) currently works in a position described in subdivision
(1), (2), or (3); or
(B) has held a position described in subdivision (1), (2), or
(3) within the previous six (6) years.
This subsection does not apply to a member appointed under
subsection (c)(7) (c)(5) or (c)(8). (c)(6).
(f) All attorney members of the committee must be in active and
good standing with the Indiana Supreme Court.
(g) Except as provided in subsection (v), each member of the
committee who is not an ex officio member serves a four (4) year term.
beginning on July 1, 2017, and ending on June 30, 2021. A member of
the committee may be reappointed for one (1) or more additional four
(4) year terms but a member cannot serve consecutive terms. If a
member is appointed to fill a vacancy, the member serves during the
unexpired term of the member's predecessor and may be reappointed
for one (1) or more additional four (4) year terms.
(h) If a vacancy exists on the committee, the appointing authority
who appointed the former member whose position has become vacant
shall appoint an individual to fill the vacancy and serve the remainder
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of the unexpired term.
(i) An ex officio member of the committee ceases to be a member
of the committee at the time the person no longer holds the office that
entitles the person to be a member of the committee.
(j) A member of the committee described in subsection (c)(1)
through (c)(6) (c)(4) who no longer resides in Marion County is
considered to have resigned from the committee. A member of the
committee who no longer resides in Marion County shall notify the
chairperson in writing of the member's change in residence.
(k) A quorum consists of nine (9) members of the committee.
(l) The affirmative votes of nine (9) members of the committee are
required for the committee to take official action with respect to any
candidate for judicial office.
(m) The committee shall:
(1) nominate judicial candidates for the court in accordance with
section 13.4 of this chapter; and
(2) make recommendations determinations concerning retention
the suitability of a judge to continue to hold judicial office in
accordance with section sections 13.7 and 13.8 of this chapter.
(n) The committee meets upon the call of the chairperson.
(o) The committee shall meet in the Indiana statehouse or in any
other appropriate location in Marion County, as determined by the
chairperson.
(p) Except as otherwise provided in subsection (q) or otherwise
provided in this chapter, the committee may adopt its own policies and
operating procedures. The policies and procedures must comply with
IC 5-14-1.5 (the open door law) and this chapter, and must include
procedures by which eligible candidates for a vacancy on the court may
submit their names to the committee. The policies and procedures are
public records, and the meetings of the committee at which the policies
and procedures are considered for initial adoption or amendment must
be publicly announced and open to the public. Applications of
candidates for judicial appointment are public records.
(q) Notwithstanding IC 5-14-1.5-2, the committee is a public agency
for the purposes of IC 5-14-1.5. The committee may meet in executive
session under IC 5-14-1.5-6.1 for the consideration of a candidate for
appointment to or retention on the court if:
(1) notice of the executive session is given in the manner
prescribed by IC 5-14-1.5-5; and
(2) all interviews of candidates are conducted at meetings open to
the public.
(r) Notwithstanding IC 5-14-3-4, all public records (as defined in
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IC 5-14-3-2) of the committee are subject to IC 5-14-3-3, including
records described in IC 5-14-3-4(b)(12). However, the following
records are excepted from public inspection and copying at the
discretion of the committee:
(1) Personnel files of committee employees and members and
files of applicants for employment with the committee to the
extent permitted under IC 5-14-3-4(b)(8).
(2) Records specifically prepared for discussion or developed
during discussion in an executive session under IC 5-14-1.5-6.1,
unless the records are prepared for use in the consideration of a
candidate for retention or judicial appointment.
(3) Investigatory records prepared for the committee until:
(A) the records are considered in connection with the
consideration of a candidate;
(B) the records are publicly discussed by the committee in
connection with the consideration of a candidate;
(C) a candidate elects to have the records released by the
committee; or
(D) the committee elects to release the records that the
committee considers appropriate in response to publicly
disseminated statements relating to the activities or actions of
the committee;
whichever occurs first.
(4) The work product of an attorney (as defined in IC 5-14-3-2)
representing the committee.
(s) When an event described by subsection (r)(3) occurs, the
investigatory record becomes available for public inspection and
copying under IC 5-14-3-3.
(t) A former member of the committee may not be nominated as a
judge of the court if the person has served as a member of the
committee within the previous five (5) years.
(u) On or before July 1, 2027, and July 1 biennially thereafter, the
committee shall submit a report to the executive director of the
legislative services agency, in an electronic format under IC 5-14-6, for
review by the interim committee on government in accordance with
IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The report shall describe:
(1) official action taken; and
(2) actionable items considered;
by the committee during the preceding two (2) years.
(v) This subsection applies only to members appointed under
this section as in effect before the amendments made by HEA
1033-2026. The term of a member appointed under subsection
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(c)(1)(A), (c)(1)(B), (c)(2), and (c)(4) and one (1) member of each
political party appointed under subsection (c)(6), as in effect before
the amendments made by HEA 1033-2026, expires on June 30,
2026. The term of a member appointed under subsection (c)(1)(C),
(c)(1)(D), (c)(3), and (c)(5) and one (1) member of each political
party appointed under subsection (c)(6), as in effect before the
amendments made by HEA 1033-2026, expires on June 30, 2028.
A member removed from the committee under this subsection who
has served less than four (4) years of the member's term may be
reappointed for a consecutive term. This subsection expires July 1,
2028.
(w) The term of a member appointed under subsection (c)(1)(A),
(c)(1)(B), one (1) member appointed under subsection (c)(2) and
(c)(3), and one (1) member of each major political party appointed
under subsection (c)(4) begins on July 1, 2026. The term of a
member appointed under subsection (c)(1)(C), (c)(1)(D), one (1)
member appointed under subsection (c)(2) and (c)(3), and one (1)
member of each major political party appointed under subsection
(c)(4) begins on July 1, 2028.
SECTION 6. IC 33-33-49-13.2, AS ADDED BY P.L.245-2017,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13.2. (a) Each judge of the court shall serve
a term of six (6) years. The judge shall hold office for the six (6) year
term or until the judge's successor is appointed and qualified. A judge
shall be appointed at large for the office of judge of the court and not
as the judge of a particular room or division of the court.
(b) The thirty-six (36) judges of the court shall be divided into two
(2) retention classes.
(c) Retention class A consists of the twenty (20) judges whose terms
expire on December 31, 2018.
(d) Retention class B consists of the sixteen (16) judges whose
terms expire on December 31, 2020.
(e) A newly appointed judge is assigned to the retention class of the
judge's predecessor.
(f) If a newly appointed judge is appointed to fill a vacancy
during the same year the vacating judge's term would otherwise
expire, the term of the newly appointed judge shall expire on
December 31 of the sixth full year following the newly appointed
judge's appointment.
SECTION 7. IC 33-33-49-13.3, AS ADDED BY P.L.245-2017,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13.3. (a) The retention in office of a sitting
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judge of the court shall be approved or rejected by the electorate of
Marion County in accordance with this section.
(b) A judge who has been found eligible for retention by the
committee under section 13.7 or 13.8 of this chapter and wishes to
be retained in office shall file a statement with the clerk and secretary
of state during the period described in IC 3-8-2-4 during which a
declaration of candidacy must be filed in the year in which the judge's
term expires. The judge's statement must include the following
information:
(1) A statement indicating that the judge wishes to have the
question of the judge's retention placed on the ballot.
(2) A statement of the judge's name as:
(A) the judge wants the judge's name to appear on the ballot;
and
(B) a candidate's name is permitted to appear on the ballot
under IC 3-5-7.
(3) If the judge is affiliated with a political party, the name of that
political party. The judge may indicate in the statement that the
judge is not affiliated with a political party. For purposes of this
subdivision, a judge's affiliation with a political party is
determined as provided in IC 3-8-2-7(a)(4).
(4) A statement that the judge requests that the name on the
judge's voter registration record be the same as the name the
judge uses on the statement. If there is a difference between the
name on the judge's statement and the name on the judge's voter
registration record, the clerk shall change the name on the judge's
voter registration record to be the same as the name on the judge's
statement.
If a judge does not file a statement under this subsection with both the
clerk and the secretary of state, the clerk shall, not later than March 1,
notify the Marion County judicial selection committee in writing that
the judge does not wish to continue in office after the end of the judge's
term of office.
(c) The term of a judge:
(1) who does not file statements under subsection (b); and
(2) whose term expires during the year in which the question of
the retention of the judge would have been placed on the general
election ballot;
expires December 31 of the year in which the question of the judge's
retention would have been placed on the ballot.
(d) A judge may not appear on the ballot for retention if the
committee has determined that the judge is not suitable to retain
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office. If the question of a judge's retention is required to be on the
ballot at a general election, the question of approval or rejection of the
judge's retention shall be placed on the general election ballot in the
form prescribed by IC 3-11-2 and must state:
"Shall Judge (insert here the name of the judge as stated under
subsection (b)(2)) be retained in office?".
If a majority of the ballots cast by the electors voting on the question
is "Yes", the judge whose name appears on the question shall be
approved for a six (6) year term beginning January 1 following the
general election as provided in section 13.2 of this chapter. If a
majority of the ballots cast by the electors voting on the question is not
"Yes", the following apply:
(1) Retention of the judge whose name appears on the question is
rejected.
(2) The office of the rejected judge becomes vacant on January 1
following the rejection.
(3) The vacancy shall be filled in accordance with this chapter.
SECTION 8. IC 33-33-49-13.4, AS ADDED BY P.L.245-2017,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13.4. (a) When the committee learns that a
vacancy exists or will exist on the court, the committee shall nominate
three (3) five (5) candidates to the governor to fill the vacancy in
accordance with this section.
(b) In making a nomination under this section or a recommendation
concerning retention under section 13.7 of this chapter, the committee
shall consider the following factors with respect to a candidate:
(1) Law school record, including any academic honors and
achievements.
(2) Contribution to scholarly journals and publications, legislative
drafting, and legal briefs.
(3) Activities in public service, including:
(A) writings and speeches concerning public or civic affairs
that are on public record, including but not limited to
campaign speeches or writing, letters to newspapers, and
testimony before public agencies;
(B) efforts and achievements in improving the administration
of justice; and
(C) other conduct relating to the individual's profession.
(4) Whether the candidate reflects the diversity and makeup of
Marion County.
(5) (4) Legal experience, including the number of years of
practicing law, the kind of practice involved, and reputation as a
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trial lawyer or judge.
(6) (5) Probable judicial temperament.
(7) (6) Personality traits, including the exercise of sound
judgment, ability to compromise and conciliate, patience,
decisiveness, and dedication.
(8) (7) Membership on boards of directors, financial interest, and
any other consideration that might create conflict of interest with
a judicial office.
(9) (8) Any other pertinent information that the committee feels
is important in selecting the best qualified individuals for judicial
office.
(9) Information from the supreme court disciplinary
commission or the commission on judicial qualifications
regarding any disciplinary action pending or commenced
before the commission, including but not limited to notices of
inquiry, notices of investigation, filed charges, or resolutions.
This information shall be received in executive session, is
confidential, and is not subject to public access.
(c) As soon as practicable after the committee learns of a vacancy,
the committee shall publicly announce that it is accepting applications
from persons wishing to fill the vacancy. The committee shall
determine the form and content of the application, establish a timetable
for nominations, and schedule one (1) or more hearings to interview
qualified applicants and select nominees to fill the vacancy. To the
extent practicable, the committee shall endeavor to interview as many
qualified applicants as possible. However, if a large number of
applicants have applied to fill a vacancy, the committee may limit itself
to interviewing only the most qualified applicants. The committee may
conduct multiple interviews. At the conclusion of the interview
process, the committee shall nominate the three (3) five (5) of the most
qualified candidates and forward their names to the governor, who
shall, not later than sixty (60) days after the names of the candidates
have been forwarded, appoint one (1) of the nominees as judge. If the
committee is nominating candidates for more than one (1) vacancy
within the same political party, the governor may appoint any of
the nominated candidates to the vacancies. If the governor does not
make an appointment within the sixty (60) day period described in this
subsection, the chairperson of the committee shall appoint one (1) of
the nominees as judge.
(d) In no event may more than fifty-two percent (52%) of the judges
serving on the Marion superior court be members of the same political
party.
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SECTION 9. IC 33-33-49-13.7, AS ADDED BY P.L.245-2017,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13.7. (a) This section applies to each sitting
judge who will wishes to stand for retention under section 13.3 of this
chapter in 2027 and each year following. including a person who
served as a judge of the Marion superior court on December 31, 2016.
However, an incumbent judge must appear only one (1) time before the
committee for purposes of this section.
(b) The following definitions apply throughout this section:
(1) "News media" includes:
(A) a newspaper of general circulation in Marion County;
(B) one (1) or more broadcasters serving Marion County;
(C) any person who uses a blog or similar Internet web site to
provide information or commentary concerning the judiciary
or political matters of interest to residents of Marion County;
and
(D) any other appropriate source of news or information for
Marion County residents.
(2) "Voter outreach organization" includes any organization that
has the goal of informing voters in Marion County about issues
and candidates in upcoming elections.
(c) (b) This subsection does not apply to an incumbent judge who
has previously appeared before the committee for purposes of this
section at least one (1) time. Before a judge may is eligible to stand for
retention under section 13.3 of this chapter, the judge must appear, in
person, before the committee to permit the committee to issue a
recommendation to the voters concerning determine the judge's
qualifications and suitability to continue to hold judicial office. If a
judge does not appear before the committee as required by this
subsection, the committee shall provide notice to the clerk that the
question of the judge's retention may not be on the ballot.
(d) (c) At the time Before a judge files a statement under section
13.3 of this chapter that the judge wishes to be retained in office, the
judge shall:
(1) notify the committee that the judge wishes to be retained in
office; and
(2) provide the committee with a written statement describing the
judge's qualifications and suitability to continue to hold judicial
office, with particular emphasis on the matters described in
section 13.4(b) of this chapter.
(e) (d) After receiving the materials described in subsection (d), (c),
the committee shall promptly schedule a an in-person hearing to
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consider the materials submitted by the judge and interview the judge.
Each judge is entitled to a hearing before the committee. The hearings
shall be held in executive session a public hearing and shall be
scheduled with sufficient time for the committee to make a
determination and allow the judge to meet the filing deadline
required by section 13.3(b) of this chapter. The committee shall
meet in executive session when deliberating as to the suitability of
a judge wishing to retain judicial office.
(f) (e) A judge is presumed qualified. suitable to continue to hold
judicial office. The affirmative votes of at least nine (9) committee
members are required to find that a judge is not qualified. suitable to
continue to hold judicial office.
(g) (f) If the committee finds that a judge is not qualified, the
committee shall do the following:
(1) Through the chairperson, place on the appropriate Internet
web site of the Indiana supreme court the following statement:
"After considering Judge (insert name here)'s qualifications and
Judge (insert name here)'s performance in office, the Marion
County Judicial Selection Committee finds that Judge (insert
name here) IS NOT qualified and SHOULD NOT BE retained in
office.".
(2) Issue the following statement to news media and voter
outreach organizations: "After considering Judge (insert name
here)'s qualifications and Judge (insert name here)'s performance
in office, the Marion County Judicial Selection Committee finds
that Judge (insert name here) IS NOT qualified and SHOULD
NOT BE retained in office.".
(3) Take any other steps reasonably calculated to inform the
general public in Marion County of the committee's
determination. suitable to continue to hold judicial office, the
judge shall not be retained beyond the conclusion of the
judge's current term and the judge shall be replaced as
provided under section 13.4 of this chapter.
(h) (g) If the committee does not find finds that a judge is
unqualified, the committee shall do the following:
(1) Through the chairperson, place on the appropriate Internet
web site of the Indiana supreme court the following statement:
"After considering Judge (insert name here)'s qualifications and
Judge (insert name here)'s performance in office, the Marion
County Judicial Selection Committee finds that Judge (insert
name here) IS qualified and SHOULD BE retained in office.".
(2) Issue the following statement to news media and voter
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outreach organizations: "After considering Judge (insert name
here)'s qualifications and Judge (insert name here)'s performance
in office, the Marion County Judicial Selection Committee finds
that Judge (insert name here) IS qualified and SHOULD BE
retained in office.".
(3) Take any other steps reasonably calculated to inform the
general public in Marion County of the committee's
determination. suitable to continue to hold judicial office, the
judge may be retained subject to the approval of the
electorate of Marion County under section 13.3 of this
chapter.
(h) The committee shall provide notice to the clerk of each
decision made under subsection (f) or (g). If a judge has not been
found suitable for retention under this section, the clerk shall not
include the question of the judge's retention on the ballot.
(i) Subject to section 13.1 of this chapter, the committee may adopt
policies and operating procedures to implement this section.
SECTION 10. IC 33-33-49-13.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 13.8. (a) This section applies
to each sitting judge who wishes to stand for retention under
section 13.3 of this chapter in 2026.
(b) Before a judge may stand for retention under section 13.3 of
this chapter in 2026, the judge must appear, in person, before the
committee to permit the committee to determine the judge's
suitability to continue to hold judicial office.
(c) Not later than March 1, 2026, the judge shall:
(1) notify the committee that the judge wishes to be retained
in office; and
(2) provide the committee with a written statement describing
the judge's qualifications and suitability to continue to hold
judicial office, with particular emphasis on the matters
described in section 13.4(b) of this chapter.
(d) After receiving the materials described in subsection (c), the
committee shall promptly schedule an in-person hearing to
consider the materials submitted by the judge and interview the
judge. The hearings shall be:
(1) held in executive session; and
(2) scheduled with sufficient time for the committee to make
a determination as to the judge's suitability to remain in office
and provide notice to the clerk under subsection (h) not later
than May 15, 2026.
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(e) A judge is presumed suitable to continue to hold judicial
office. The affirmative votes of at least nine (9) committee members
are required to find that a judge is not suitable to continue to hold
judicial office.
(f) If the committee finds that a judge is not suitable to continue
to hold judicial office, the judge shall not be retained beyond the
conclusion of the judge's current term and the judge shall be
replaced through section 13.4 of this chapter.
(g) If the committee finds that a judge is suitable to continue to
hold judicial office, the judge may be retained subject to the
approval of the electorate of Marion County under section 13.3 of
this chapter.
(h) The committee shall provide a notice to the clerk of each
decision made under subsection (f) or (g). If a judge has not been
found suitable for retention under this section, the clerk shall not
include on the ballot the question of the judge's retention.
(i) Subject to section 13.1 of this chapter, the committee may
adopt policies and operating procedures to implement this section.
(j) This section expires January 1, 2027.
SECTION 11. IC 33-33-49-14 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 14. (a) Not more than thirty (30) days after taking the
oath of office, the judges shall meet and designate four (4) of the
judges as the executive committee for administrative purposes. The
executive committee shall be selected by a vote of two-thirds (2/3) of
the judges sitting at the time the vote is taken. If all vacancies cannot
be filled by a two-thirds (2/3) vote, vacancies may be filled by such
other method as provided by court rule. The executive committee is
responsible for the operation and conduct of the court. The executive
committee shall operate and maintain the juvenile detention facilities
in the county. A member of the executive committee shall serve in the
capacity provided by rules adopted by the court under section 11 of this
chapter. A member of the executive committee serves for a term of two
(2) years beginning on the date of the member's election. Except for the
rotation of the presiding judge as provided in subsection (b), any or all
of the members elected to the executive committee may be reelected.
Of the four (4) judges elected to the executive committee, not more
than two (2) may be members of the same political party.
(b) One (1) of the four (4) judges elected to the executive committee
shall be elected as presiding judge, and three (3) of the four (4) judges
elected to the executive committee shall be elected as associate
presiding judges. Beginning with the election of the executive
committee in 2007, a presiding judge may not be elected from the same
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political party as the presiding judge who served the previous term.
Each judge who is a member of the executive committee has an equal
vote in all matters pertaining to the business of the court when an
action requires a majority vote. If a tie vote occurs, the presiding judge
shall cast the tiebreaking vote. Any action taken by the executive
committee may be overruled by a vote of two-thirds (2/3) of all the
judges sitting at the time the vote is taken. The physical reassignment
of a judge to a different courtroom requires a unanimous vote of the
executive committee. The executive committee shall assign cases,
offices, and courtrooms for trial judges or reassignment of newly filed
cases in the interests of the speedy, economical, and uniform
disposition of cases. All matters of trial dates, continuances, and
subpoenas used for trial shall be determined by the trial judge in
accordance with rules of the superior court. The executive committee
shall perform other duties as determined by rules of the court.
(c) The court shall, by rules of the court, divide the work of the court
into various divisions, including but not limited to the following:
(1) Civil.
(2) Criminal.
(3) Family.
(d) The work of each division shall be allocated by the rules of the
court.
(e) The judges shall be assigned to various divisions or rooms as
provided by rules of the court. Whenever possible, an incumbent judge
shall be allowed the option of remaining in a particular room or
division. Whenever any action of the court is required, the judges of the
court shall act in concert, by a vote under section 11 of this chapter.
The court shall keep appropriate records of rules, orders, and
assignments of the court.
SECTION 12. IC 33-33-49-14.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 14.1. (a) This section applies
to the selection of the executive committee in 2026 to begin serving
a term starting on January 1, 2027, and selection of each executive
committee thereafter. An executive committee comprised of four
(4) superior court judges is responsible for the administrative
operation and conduct of the court. Of the four (4) judges
approved to comprise the executive committee, not more than two
(2) may be members of the same political party.
(b) Not later than November 15 of the final year of an executive
committee's term, the full court shall meet to select four (4)
candidates for the executive committee to start serving the next
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year. The candidates for the executive committee are selected by a
vote of two-thirds (2/3) of the sitting judges who will hold office on
January 1 of the next year. If all candidates for the executive
committee cannot be filled by this two-thirds (2/3) vote, the
member will be selected by the chair of the judicial selection
committee established by section 13.1 of this chapter.
(c) The four (4) candidates selected under subsection (b) shall be
submitted to the chair of the judicial selection committee for
approval. Not later than December 15 in the year in which the
executive committee members are selected, the chair of the judicial
selection committee may:
(1) allow each new executive committee member to submit an
application for the chief judge position; and
(2) interview each new executive committee member.
The chair of the judicial selection committee shall consider the
feedback of incumbent executive committee members and superior
court judges in an executive session and shall select one (1) member
of the executive committee as the chief judge. A vacancy of the
chief judge position shall be filled by the procedure established
under this subsection.
(d) If a vacancy occurs on the executive committee, not later
than thirty (30) days after the vacancy exists:
(1) a vote must be taken in the manner described in subsection
(b) to select candidates to fill the vacancy; and
(2) the candidates identified in subdivision (1) must be
submitted to the chair of the judicial selection committee for
approval.
(e) Starting January 1, 2027, a member of the executive
committee serves for a term of three (3) years.
(f) The chair of the judicial selection committee may remove any
member of the executive committee, including the chief judge, from
the member's position on the executive committee for cause. The
removal of a member from the executive committee under this
subsection does not remove the member from judicial office.
(g) The full court shall do the following:
(1) Select candidates for the executive committee under
subsection (b).
(2) Approve local rules.
(3) Approve the court's annual caseload allocation plan.
(4) Review reports from the chief judge and executive
committee.
(h) All matters of trial dates, continuances, and subpoenas used
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for trial shall be determined by the trial judge in accordance with
rules of the superior court. The executive committee shall perform
duties required under this chapter as well as other duties as
determined by rules of the court.
(i) The court shall, by rules of the court, divide the work of the
court into various divisions, including but not limited to the
following:
(1) Civil.
(2) Criminal.
(3) Family.
(j) The work of each division shall be allocated by the rules of
the court.
(k) The court shall keep appropriate records of rules, orders,
and assignments of the court.
SECTION 13. IC 33-33-49-14.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 14.5. (a) The executive
committee selected under section 14.1 of this chapter shall have the
authority to do the following:
(1) Develop operational policies and determine the court's
positions on public policy.
(2) Serve as official representative of the court in interactions
with government entities, the legal community, public, and
media.
(3) Advise and support judges in fulfilling their judicial
responsibilities.
(4) Assign cases, offices, and courtrooms for trial judges or
reassign newly filed cases in the interests of the speedy,
economical, and uniform disposition of cases.
(5) Assign judges and judicial officers to certain courtrooms
and reassign cases between judges to promote efficiency.
(6) Establish and oversee administrative policies for
personnel.
(7) Oversee the court's financial management.
(8) Hire and manage key court personnel.
(9) Operate and maintain the juvenile detention facilities in
the county.
(10) Review the bond schedule set forth by the county at least
once during each three (3) year term of the executive
committee.
(11) Create and publish a list of approved senior judges,
temporary judges, and judges pro tempore that may be
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utilized by judges in the superior court. Senior judges,
temporary judges, and judges pro tempore who are not
approved by the executive committee may not be used.
(12) In the absence of the chief judge, carry out the duties of
that position.
(13) Report actions of the executive committee to the full
court.
(14) Determine for the Marion superior and circuit courts:
(A) operating hours;
(B) holiday hours; and
(C) all court and court facility closure decisions.
Determinations made under this subdivision shall be made in
consultation with the circuit court judge.
(b) Each judge who is a member of the executive committee has
an equal vote in all matters pertaining to the business of the court
when an action requires a majority vote. If a tie vote occurs, the
chief judge shall cast the tiebreaking vote. Any action taken by the
executive committee may only be overruled by a vote of eighty-five
percent (85%) of the full court sitting at the time the vote is taken.
The reassignment of a judge to a different caseload requires a
majority vote of the executive committee. The chief judge has
authority to execute contracts approved by the executive
committee.
SECTION 14. IC 33-33-49-15, AS AMENDED BY P.L.106-2022,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 15. (a) The executive committee with the
approval of two-thirds (2/3) of the judges, shall determine the number
of judicial officers and personnel required to efficiently serve the court.
The salaries of the personnel shall be fixed and paid as provided by
law.
(b) The administrative officers shall perform the duties prescribed
by the executive committee and shall operate under the jurisdiction of
the executive committee and serve at the pleasure of the executive
committee.
(c) The executive committee shall see that the court at all times is
amply provided with adequate resources necessary to effectively run
court operations. Each judge shall appoint a judicial assistant who will
also serve as the judge's official court reporter. All other staff
assignments will be determined by the executive committee. in
conjunction with the general term. The staffing requirements set forth
in IC 33-29-1-5 do not apply to the Marion superior court. In addition
to the specified duties of this subsection, required of the executive
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committee under this chapter, the executive committee shall exercise
any other powers and duties that may be assigned to the executive
committee. At least once each month, a general term conference of all
superior division judges should be held, at which the presiding judge
shall preside. During an absence or a vacation of a judge who is a
member of the executive committee, the senior superior court judge
shall act for the absent member, if necessary. necessary to aid in the
operation of the court. The executive committee shall make
decisions with consideration to the best interest of the court and the
community.
(d) Notwithstanding any other law, a commissioner appointed under
this chapter has all of the powers and duties prescribed for a magistrate
under IC 33-23-5. However, the provisions of IC 33-23-5-11 requiring
the state to pay the salary of a magistrate do not require the state to pay
the salary of a commissioner appointed under this chapter.
(e) If a commissioner appointed under this chapter is appointed as
a magistrate in Marion County, the salary of that magistrate shall be
paid by the state under IC 33-23-5-11 in the same amount as other
magistrates are paid.
(f) The allocation of appointments of commissioners or magistrates
under this chapter shall be determined by agreement between the
judges of the superior court executive committee and the judge of the
circuit court with consideration given to the case load of each court.
However, notwithstanding any other law, at least two (2) of the
commissioners appointed under this chapter shall be appointed by the
judge of the circuit court.
(g) The:
(1) judge of the circuit court has exclusive authority to appoint
commissioners or magistrates allocated to the circuit court; and
(2) judges of the superior court executive committee have
exclusive authority to appoint commissioners or magistrates
allocated to the superior court. by a vote of the majority of the
judges of the superior court.
(h) Not more than a simple majority of the commissioners or
magistrates appointed under this chapter may be from the same
political party.
(i) A commissioner or magistrate appointed by the:
(1) judge of the circuit court serves at the pleasure of the judge of
the circuit court; and
(2) judges of the superior court continues in office until removed
pursuant to local rule. executive committee of the superior
court serves at the pleasure of the executive committee.
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SECTION 15. IC 33-33-49-15.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 15.5. (a) A commissioner or
magistrate of the superior court shall be hired in a manner
prescribed by the executive committee.
(b) Commissioners and magistrates:
(1) serve the entire superior court and not just the individual
judge or judges to whom a commissioner or magistrate may
be assigned; and
(2) shall be available to serve any division or judge of the
superior court as needed to ensure efficient administration of
justice.
(c) The executive committee has final authority for all
employment decisions regarding commissioners or magistrates and
shall establish procedures to carry out duties under this subsection.
Employment decisions include the following:
(1) Hiring.
(2) Appointments and assignments.
(3) Performance review.
(4) Disciplinary matters.
(5) Termination.
(d) Prior to making an employment decision under subsection
(c)(3) through (c)(5), the executive committee shall consult with any
judge to whom the commissioner or magistrate has been assigned
and shall give consideration to the opinion of the judge. When
completing a performance review, the executive committee:
(1) shall obtain information from sitting judges and court
staff; and
(2) may obtain information from attorneys who have
appeared before the commissioner or magistrate;
and may consider the information obtained under subdivisions (1)
and (2).
(e) Nothing in this section shall be construed to limit or modify
the powers and duties of magistrates as prescribed under
IC 33-23-5. The hiring and employment procedures established by
this section shall apply to all commissioners or magistrates
appointed under this chapter.
SECTION 16. IC 33-33-49-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 24. The judge of
the Marion circuit court may, with the consent of the court acting
through the superior court presiding chief judge under rules adopted by
the court, transfer any action, cause, or proceeding filed and docketed
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in the circuit court to the court by transferring all original papers and
instruments filed in that action, cause, or proceeding without further
transcript to be redocketed and disposed of as if originally filed with
the court.
SECTION 17. IC 33-33-49-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 25. The presiding
chief judge may, with the consent of the judge of the Marion circuit
court and under rules adopted by the court, transfer any action, cause,
or proceeding without further transcript to be redocketed and disposed
of as if originally filed with the Marion circuit court.
SECTION 18. IC 33-33-49-30, AS AMENDED BY P.L.106-2022,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 30. (a) Subject to section 13.7 of this
chapter, a judge remains qualified to hold office as long as the judge:
(1) remains fair and impartial in judicial functions;
(2) maintains a high standard of morality in dealings, public and
private;
(3) (2) remains physically and mentally capable of performing all
the functions and duties of the office of judge; and
(4) (3) continues to reside in Marion County.
(b) Complaints against a judge must be forwarded to the
commission on judicial qualifications as provided in IC 33-38-13 by
any judge of the superior court.
(c) If the judge wishes to retire before the judge's term has ended,
the judge shall provide written notice to the presiding chief judge of the
court.
(d) When a vacancy occurs in the court by death, removal,
retirement, or for any other reason, a successor judge shall be
appointed as described in section 13.4 of this chapter. The successor
judge must be a member of the same political party as the judge who
is to be succeeded.
SECTION 19. IC 33-33-49-31 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 31. (a) The presiding judge may appoint one (1)
full-time magistrate under IC 33-23-5.
(b) A magistrate appointed under this section may only hear
criminal proceedings.
(c) The magistrate continues in office until removed by the
presiding judge.
SECTION 20. IC 33-33-49-32, AS AMENDED BY P.L.123-2021,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 32. (a) In addition to the magistrate appointed
under section 31 of this chapter, the judges of the superior court may,
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by a vote of a majority of the judges, appoint:
(1) twelve (12) full-time magistrates under IC 33-23-5 after
December 31, 2013, and until January 1, 2016, not more than six
(6) of whom may be from the same political party;
(2) sixteen (16) full-time magistrates under IC 33-23-5 after
December 31, 2015, and until January 1, 2018, not more than
eight (8) of whom may be from the same political party;
(3) twenty (20) full-time magistrates under IC 33-23-5 after
December 31, 2017, and until January 1, 2020, not more than ten
(10) of whom may be from the same political party;
(4) twenty-four (24) full-time magistrates under IC 33-23-5 after
December 31, 2019, and until January 1, 2022, not more than
twelve (12) of whom may be from the same political party; and
(5) The executive committee may appoint twenty-seven (27)
twenty-eight (28) full-time magistrates under IC 33-23-5 after
December 31, 2021, 2025, not more than fourteen (14) of whom
may be from the same political party.
(b) The magistrates continue in office until removed in accordance
with local rule. section 15.5 of this chapter.
(c) A party to a superior court proceeding that has been assigned to
a magistrate appointed under this section may request that an elected
judge of the superior court preside over the proceeding instead of the
magistrate to whom the proceeding has been assigned. A request under
this subsection must be in writing and must be filed with the court:
(1) in a civil case, not later than:
(A) ten (10) days after the pleadings are closed; or
(B) thirty (30) days after the case is entered on the
chronological case summary, in a case in which the defendant
is not required to answer; or
(2) in a criminal case, not later than ten (10) days after the
omnibus date.
Upon a timely request made under this subsection by either party, the
magistrate to whom the proceeding has been assigned shall transfer the
proceeding back to the superior court judge.
SECTION 21. IC 33-33-49-33, AS AMENDED BY P.L.33-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 33. (a) The executive committee elected
selected under section 14 of this chapter (before its repeal) or section
14.1 of this chapter shall employ a court administrator to administer
the business activities of the court. A court administrator is subject to
rules of the court and oversight by the executive committee.
(b) The salary of the court administrator shall be set by the
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executive committee.
SECTION 22. IC 33-33-49-34 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 34. (a) The clerk
of the superior court shall furnish the following:
(1) All blanks, forms, and papers required for use in all criminal
cases and in all civil actions involving actions by a city or town
for violations of municipal penal ordinances.
(2) All books, papers, stationery, furniture, and other equipment
and supplies necessary for keeping the records of the proceedings
in all rooms of the superior court and for the transaction of all
business of the court.
(3) Necessary computerization of court records.
(b) The materials required under this section shall be furnished at
the expense of the county.
(c) The presiding chief judge of the court, by an order entered on the
court records signed by the presiding chief judge, shall determine and
prescribe the forms of the following:
(1) All summonses, notices, subpoenas, warrants, affidavits,
complaints, writs, and all other papers and anything else required
to be used in the cases relating to violations of criminal statutes
or municipal ordinances.
(2) All other books, records, papers, and documents to be used by
the court and by the officers of the court and the prosecutors.
In the absence of an order under this subsection, those charged with the
duty of prosecuting cases involving either criminal offenses or the
violation of municipal ordinances may adopt, change, order, and use all
necessary forms and instruments as conform substantially to the
practice and procedure applicable.
SECTION 23. IC 33-38-9.5-2, AS AMENDED BY P.L.111-2024,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) The justice reinvestment advisory
council is established. The advisory council consists of the following
members:
(1) The executive director of the Indiana public defender council
or the executive director's designee.
(2) The executive director of the Indiana prosecuting attorneys
council or the executive director's designee.
(3) The director of the division of mental health and addiction or
the director's designee.
(4) The president of the Indiana Sheriffs' Association or the
president's designee.
(5) The commissioner of the Indiana department of correction or
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the commissioner's designee.
(6) The chief administrative officer of the office of judicial
administration or the chief administrative officer's designee.
(7) The executive director of the Indiana criminal justice institute
or the executive director's designee.
(8) The president of the Indiana Association of Community
Corrections Act Counties or the president's designee.
(9) The president of the Probation Officers Professional
Association of Indiana or the president's designee.
(10) The budget director or the budget director's designee.
(11) The executive director of the Association of Indiana Counties
or the executive director's designee.
(12) The president of the Indiana Judges Association or the
president's designee.
(13) The chair of the Indiana commission on court appointed
attorneys or the chair's designee.
(14) The chair of the senate corrections and criminal law
committee or the chair's designee.
(15) The ranking minority member of the senate corrections and
criminal law committee or the ranking minority member's
designee.
(16) The chair of the house courts and criminal code committee
or the chair's designee.
(17) The ranking minority member of the house courts and
criminal code committee or the ranking minority member's
designee.
(18) The governor or the governor's designee.
(19) The president and chief executive officer of the Indiana
Council of Community Mental Health Centers or the president
and chief executive officer's designee.
(20) The president and chief executive officer of Mental Health
America of Indiana or the president and chief executive officer's
designee.
(b) The chief justice or the chief justice's designee shall serve as
chairperson of the advisory council.
(c) The duties of the advisory council include:
(1) reviewing and evaluating state and local criminal justice
systems and corrections programs, including pretrial services,
behavioral health treatment and recovery services, community
corrections, county jails, parole, and probation services;
(2) reviewing the processes used by the department of correction
and the division of mental health and addiction in awarding
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grants;
(3) reviewing and evaluating jail overcrowding to identify a range
of possible solutions;
(4) coordinating with other criminal justice funding sources;
(5) establishing committees to inform the work of the advisory
council; and
(6) performing other relevant duties as determined by the advisory
council.
(d) The advisory council may make recommendations to:
(1) the department of correction, community corrections advisory
boards, and the division of mental health and addiction
concerning the award of grants;
(2) criminal justice systems and corrections programs concerning
best practices to improve outcomes of persons under supervision;
(3) the Indiana general assembly concerning legislation and
funding for criminal justice initiatives;
(4) the Indiana criminal justice institute concerning criminal
justice funding priorities;
(5) the office of judicial administration concerning veterans
problem solving court grants; and
(6) the county sheriffs concerning strategies to address jail
overcrowding and implementing evidence based practices for
reducing recidivism for individuals in county jails.
(e) The office of judicial administration shall staff the advisory
council.
(f) The affirmative votes of a majority of the voting members
appointed to the advisory council are required for the advisory council
to take action on any measure. A voting member of the advisory
council must cast a vote in person under this subsection.
(g) The advisory council shall meet as necessary to:
(1) work with the department of correction and the division of
mental health and addiction to establish the grant criteria and
grant reporting requirements described in subsection (k);
(2) review grant applications;
(3) make recommendations and provide feedback to the
department of correction and the division of mental health and
addiction concerning grants to be awarded;
(4) review grants awarded by the department of correction and the
division of mental health and addiction; and
(5) suggest areas and programs in which the award of future
grants might be beneficial.
(h) The advisory council, in conjunction with the Indiana criminal
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justice institute, shall jointly issue an annual report under IC 5-2-6-24.
(i) The advisory council shall review the composition of the
community corrections advisory board described in IC 11-12-2-2 and
make a recommendation to the legislative council in an electronic
format under IC 5-14-6 before November 1, 2022, regarding how to
reduce the membership of a community corrections advisory board and
the recommended membership for a community corrections advisory
board.
(j) Any entity that receives funds:
(1) recommended by the advisory council; and
(2) appropriated by the department of correction;
for the purpose of providing additional treatment or supervision
services shall provide the information described in subsection (k) to the
department of correction to aid in the compilation of the report
described in subsection (h).
(k) The department of correction shall provide the advisory council
with the following information:
(1) The total number of participants, categorized by offense level,
who were served by the entity through funds described in
subsection (j).
(2) The total number of participants, categorized by offense level,
who completed a funded treatment program, service, or level of
supervision.
(3) The total number of participants, categorized by offense level,
who were discharged from a funded treatment program, service,
or level of supervision.
SECTION 24. IC 33-38-9.5-4, AS ADDED BY P.L.30-2021,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) A local justice reinvestment advisory
council is established in each county in Indiana. The local advisory
council of two (2) or more counties may vote to consolidate into a
regional advisory council. Membership of a regional advisory council
must consist of the members listed in this subsection, which can be
filled by a representative from any of the participating counties. A local
advisory council consists of at least the following members:
(1) In counties with a chief public defender, the county chief
public defender or the county chief public defender's designee. In
counties without a chief public defender, a public defender who
practices public defense within the county appointed by the local
public defense board. If there is no local public defense board,
then a public defender who practices public defense within the
county appointed by the circuit court judge.
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(2) The elected prosecuting attorney or the elected prosecuting
attorney's designee.
(3) In counties with a local community mental health center, the
director of the center or the director's designee.
(4) The county sheriff or the county sheriff's designee.
(5) In counties with a community corrections program, the
director of the county's community corrections program or the
director's designee.
(6) The chief probation officer or the chief probation officer's
designee.
(7) The president of the county executive (as defined in
IC 36-1-2-5) or the president's designee.
(8) The president of the county fiscal body (as defined in
IC 36-1-2-6) or the president's designee.
(9) A circuit or superior court judge exercising criminal
jurisdiction in the county, selected as follows:
(A) If only one (1) circuit or superior judge exercises criminal
jurisdiction in the county, that judge serves as a member of the
council.
(B) If more than one (1) circuit or superior court judge
exercises criminal jurisdiction in the county, the judge selected
by a majority of the circuit and superior court judges
exercising criminal jurisdiction in the county shall select a
judge exercising criminal jurisdiction to serve as a member of
the council.
(C) If the judges exercising criminal jurisdiction in the county
are unable to select a judge to serve as a member under clause
(B), the chief justice of Indiana shall appoint a judge
exercising criminal jurisdiction in the county as a member of
the council.
(D) In a county having a consolidated city, the chief judge
selected under IC 33-33-49-14.1(c) if the chief judge
exercises criminal jurisdiction. If the chief judge does not
exercise criminal jurisdiction, the chief judge shall appoint
a judge exercising criminal jurisdiction in the county.
(b) The chair and vice chair of a local or regional advisory
council are selected as follows:
(1) In a county that does not have a consolidated city, the
members of a local or regional advisory council shall annually
elect one (1) member as chair and one (1) member as vice chair.
(2) In a county having a consolidated city, the chief judge or
the judge appointed by the chief judge described in subsection
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(a)(9)(D) shall serve as the chair and the members of the local
or regional advisory council shall annually elect one (1)
member as vice chair.
(c) A local or regional advisory council shall meet at least quarterly.
(d) The community corrections advisory board may vote to serve as
the local or regional advisory council described in this section. Meeting
agendas may include business related to both community correction
advisory board and local or regional advisory council duties.
(e) The affirmative vote of a majority of the voting members of
a local or regional advisory council is required for the local or
regional advisory council to take action on any measure. A voting
member of the local or regional advisory council must cast a vote
in person under this subsection.
SECTION 25. IC 35-47-16-1, AS AMENDED BY P.L.186-2025,
SECTION 247, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1. (a) Subject to subsection (b), a
judicial officer or retired judicial officer:
(1) may possess and use a firearm in the same locations that a law
enforcement officer who is authorized to carry a firearm under
IC 5-2-1 may possess a firearm while the law enforcement officer
is engaged in the execution of the law enforcement officer's
official duties; and
(2) may not be prohibited from possessing a firearm on land or in
buildings and other structures owned or leased by:
(A) the state or any agency of state government; or
(B) a political subdivision (as defined in IC 3-5-2.1-79).
(b) A retired judicial officer may possess and use a firearm as
authorized by subsection (a) only if the retired judicial officer
carries:
(1) the photographic identification card identifying the person
as a retired judicial officer; and
(2) evidence that the retired judicial officer has completed the
training required under section 3 of this chapter within the
previous three hundred sixty-five (365) days.
SECTION 26. IC 35-47-16-2, AS ADDED BY P.L.147-2014,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. A judicial officer or retired judicial officer
who possesses a firearm as described in section 1 of this chapter has
the same civil and criminal immunities and defenses concerning
possession and use of the firearm that a law enforcement officer has
when the law enforcement officer:
(1) possesses and uses a firearm; and
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(2) is engaged in the execution of the law enforcement officer's
official duties.
SECTION 27. IC 35-47-16-3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 3. (a) The supreme court may
issue or authorize another court to issue a photographic
identification card to a judicial officer who retires in good
standing, for purposes of complying with section 1(b) of this
chapter.
(b) A retired judicial officer who wishes to possess and use a
firearm under section 1(a) of this chapter must receive at least one
(1) hour of training annually in the use of a firearm. The training
must be in person, conducted by a certified firearms instructor,
and include live fire training. To comply with section 1(b) of this
chapter, the instructor must provide the retired judicial officer
with a certificate or other document showing:
(1) the date of the training;
(2) that the training was provided by a certified firearms
instructor; and
(3) that the training was at least one (1) hour in length and
included live fire training.
SECTION 28. An emergency is declared for this act.
HEA 1033 — Concur
Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1033 — ConcurEvery fact on this page links to its source, starting with the official bill record.