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Indiana General Assembly· HB 1403Public Law 122

Juvenile justice matters., the official text

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First Regular Session of the 124th General Assembly (2025)

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  HOUSE ENROLLED ACT No. 1403

   AN ACT to amend the Indiana Code concerning juvenile law.

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

   SECTION 1. IC 2-5-36-9.3, AS ADDED BY P.L.101-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 9.3. (a) In addition to the duties prescribed to the
commission under section 9 of this chapter, the commission shall form
and establish a statewide juvenile justice oversight body that will
oversee implementation of the assigned duties described in this section.

   (b) Not later than July 1, 2023, the statewide juvenile justice
oversight body shall develop a plan to collect and report statewide
juvenile justice data. The plan shall be submitted to the commission
and the legislative council in an electronic format under IC 5-14-6. The
plan shall include the following:

      (1) Provide goals for the collection of juvenile justice data.
      (2) Create shared definitions concerning juvenile justice data.
      (3) Set standard protocols and procedures for data collection and
      quality assurance, including a plan to track data across the
      juvenile justice continuum.
      (4) Establish a minimum set of performance and data measures
      that counties shall collect and report annually, including equity
      measures.
      (5) Establish how data should be reported and to whom.
      (6) Establish a research agenda to evaluate the effectiveness of
      interventions.

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      (7) Determine the costs of collecting and reporting data described
      in this subsection.
   (c) Not later than July 1, 2023, the statewide juvenile justice
oversight body shall do the following:
      (1) Review and establish statewide procedures, policies, and an
      implementation plan related to the use of:

         (A) a validated risk screening tool to inform statewide
         diversion decisions;
         (B) a validated risk and needs assessment tool to inform
         statewide dispositional decisions, especially the use of
         out-of-home placement; and
         (C) a detention tool to inform the initial and ongoing use of
         secure detention, while considering factors related to public
         safety and failure to appear for court.
      (2) Develop criteria for the use of diagnostic assessments as
      described in IC 31-37-19-11.7.
      (3) Develop a statewide plan to address the provision of broader
      behavioral health services to a child in the juvenile justice system.
      (4) Develop policies, protocols, and a statewide implementation
      plan to guide the provision of transitional services for a child who
      is the ward of the department of correction as described in
      IC 31-37-19-11.5.
      (5) Establish policies and protocols for research based pretrial
      diversion and informal adjustment programs and practices.
      (6) Any other activities as identified by the oversight body.
   (d) Not later than January 1, 2023, 2026, the statewide juvenile
justice oversight body shall develop and submit a plan for grant
programs described in IC 31-40-5 and IC 31-40-6 to the commission
and the legislative council in an electronic format under IC 5-14-6. The
oversight body shall determine:
      (1) the amount of money dedicated to each grant;
      (2) the funding formula, accounting for the needs of both more
      rural and more populated communities;
      (3) the required set of performance measures that counties
      receiving the grants must collect and report; and
      (4) the process to streamline and manage the entire grant life
      cycle for all programs described in IC 31-40-5 and IC 31-40-6.
The planning process shall define the parameters of using the funds,
with allowance for a proportion of the funding to be used for staffing,
training, and administrative expenses to support the needs of rural
communities with limited service capacity.
   (e) Following the development of the plans described in

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subsections (b), (c), and (d), the statewide juvenile justice oversight
body shall support the implementation of the plans. The
commission, the Indiana office of court services, and the office of
judicial administration shall provide staff support to the statewide
juvenile justice oversight body in the implementation of the plans.
Implementation actions include the following:

      (1) Researching, identifying, and making recommendations
      regarding barriers to implementation, including systemic,
      legislative, and data collection related barriers.
      (2) Researching, identifying, and making recommendations
      regarding effective and ineffective interventions.
      (3) Researching, identifying, and making recommendations
      regarding the needs of rural communities with limited service
      capacity.
      (4) Supporting the juvenile diversion and juvenile community
      alternatives grant programs under IC 31-40-5 and the
      juvenile behavioral health competitive grant program under
      IC 31-40-6.
      (5) Supporting education and outreach with regard to the
      statewide procedures, protocols, policies, and processes
      identified in plans described in subsections (b), (c), and (d).
      (6) Partnering with the commission to integrate the expertise
      of youth, families, and caregivers with direct experience in the
      juvenile justice system into the statewide juvenile justice
      oversight body's research, identification of issues, and
      recommendations.
   (f) Not later than September 1 of each year, the statewide
juvenile justice oversight body shall submit to the legislative
council, the commission, and the chief justice of Indiana a report
describing the implementation actions taken under subsection (e)
during the preceding year. The report to the legislative council
must be in an electronic format under IC 5-14-6.
   SECTION 2. IC 5-2-6-3, AS AMENDED BY P.L.126-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. The institute is established to do the following:
      (1) Evaluate state and local programs associated with:

         (A) the prevention, detection, and solution of criminal
         offenses;
         (B) law enforcement; and
         (C) the administration of criminal and juvenile justice.
      (2) Participate in statewide collaborative efforts to improve all
      aspects of law enforcement, juvenile justice, and criminal justice

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      in this state.
      (3) Stimulate criminal and juvenile justice research.
      (4) Develop new methods for the prevention and reduction of
      crime.
      (5) Prepare applications for funds under the Omnibus Act and the
      Juvenile Justice Act.
      (6) Administer victim and witness assistance funds.
      (7) Administer the traffic safety functions assigned to the institute
      under IC 9-27-2.
      (8) Compile and analyze information and disseminate the
      information to persons who make criminal justice decisions in this
      state.
      (9) Serve as the criminal justice statistical analysis center for this
      state.
      (10) Identify grants and other funds that can be used by the
      department of correction to carry out its responsibilities
      concerning sex or violent offender registration under IC 11-8-8.
      (11) Administer the application and approval process for
      designating an area of a consolidated or second class city as a
      public safety improvement area under IC 36-8-19.5.
      (12) Administer funds for the support of any sexual offense
      services.
      (13) Administer funds for the support of domestic violence
      programs.
      (14) Administer funds to support assistance to victims of human
      sexual trafficking offenses as provided in IC 35-42-3.5-4.
      (15) Administer the domestic violence prevention and treatment
      fund under IC 5-2-6.7.
      (16) Administer the family violence and victim assistance fund
      under IC 5-2-6.8.
      (17) Monitor and evaluate the status of Indiana's criminal justice
      system under IC 5-2-6-24.
      (18) Administer the ignition interlock inspection account
      established under IC 9-30-8-7.
      (19) Identify any federal, state, or local grants that can be used to
      assist in the funding and operation of regional holding facilities
      under IC 11-12-6.5.
      (20) Coordinate with state and local criminal justice agencies for
      the collection and transfer of data from sheriffs concerning jail:

         (A) populations; and
         (B) statistics;
      for the purpose of providing jail data to the management

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      performance hub established by IC 4-3-26-8.
      (21) Establish and administer the Indiana crime guns task force
      fund under IC 36-8-25.5-8.
      (22) Establish and administer:

         (A) the juvenile diversion and community alternatives grant
         program fund under IC 31-40-5; and
         (B) the juvenile behavioral health competitive grant pilot
         program fund under IC 31-40-6.
   SECTION 3. IC 31-40-5-3, AS AMENDED BY P.L.201-2023,
SECTION 241, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The purpose of the juvenile
diversion grant program is as follows:
      (1) Prevent further involvement of the child in the formal legal
      system.
      (2) Provide eligible children with alternatives to adjudication that
      require the least amount of supervision and conditions necessary
      consistent with the protection of the community and the child's
      risk of reoffending, as determined by a risk screening tool.
      (3) Emphasize the use of restorative justice practices.
      (4) Reduce recidivism and improve positive outcomes for a child
      through the provision of research based services, if warranted,
      that address the child's needs.
   (b) The purpose of the juvenile community alternatives grant
program is as follows:
      (1) Provide cost effective, research based alternatives in lieu of
      the use of secure detention, out-of-home placement, and
      department of correction facilities in the community.
      (2) Reduce the use of secure confinement and out-of-home
      placement.
      (3) Reduce recidivism and improve positive outcomes for
      children.
   (c) The Indiana criminal justice institute shall adopt a funding
formula based on county population and performance measures that
apply to grantees under the program taking into consideration the plan
submitted to the commission by recommendations of the oversight
committee. under IC 2-5-36-9.3(b).
   SECTION 4. IC 31-40-5-4, AS AMENDED BY P.L.201-2023,
SECTION 242, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 4. (a) The Indiana criminal justice
institute (as described in IC 5-2-6) may use available funds to
strengthen the agency's grant management capacity to:
      (1) serve as an efficient pass through to counties; grantees;

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      (2) provide quality assurance and technical assistance to counties;
      grantees; and
      (3) support and coordinate data collection.
   (b) The Indiana criminal justice institute shall prepare an annual
report that details the performance measures collected and reported
under IC 2-5-36-9.3(b)(4), including an analysis of the performance
measures by race, ethnicity, gender, and other demographic factors.
The report shall be provided to the governor, the chief justice, the
legislative council, and the oversight committee and the Indiana
criminal justice institute before December 1 of each year. The report
provided to the legislative council must be in an electronic format
under IC 5-14-6.
   SECTION 5. IC 31-40-5-5, AS AMENDED BY P.L.201-2023,
SECTION 243, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 5. (a) A county grantee
participating in any program described in this chapter is required to
have its shall engage in collaborative service planning with the
grantee's local or regional justice reinvestment advisory council (as
described in IC 33-38-9.5-4), or another local collaborative body that
includes stakeholders across the juvenile justice system, oversee each
grant awarded to the county and engage in or one (1) or more juvenile
justice system entities affected by grant funded activities.
Collaborative service planning for the county. shall:
      (1) inform grant solicitation, with support for rural
      communities as a required funding priority;
      (2) inform how funding and programming could be used more
      effectively; and
      (3) consider efficiency that may be achieved by implementing
      the program on a regional basis.
   (b) The Indiana criminal justice institute shall coordinate with the
workgroup and oversight committee to develop a statewide solicitation
process for applications for the grants from the fund and shall conduct
outreach activities to inform all potential applicants of the grant
opportunities available under this chapter.
   (c) The Indiana criminal justice institute, in coordination with the
workgroup, oversight committee, commission, and office, shall conduct
informational and educational sessions for potential and actual
applicants, including opportunities for questions and clarification.
   (d) Subject to the Indiana criminal justice institute solicitation
process developed under subsection (b), the oversight committee, or a
subgroup of the oversight committee, shall review applications for
grants under this chapter and make recommendations to the board of

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trustees of the Indiana criminal justice institute regarding funding
decisions. The review of applications should be done in consultation
with a representative from the department of child services, the
department of correction, the division of mental health and addiction,
the Indiana criminal justice institute, and the office.

   SECTION 6. IC 31-40-5-5.5, AS AMENDED BY P.L.144-2024,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JUNE 30, 2025]: Sec. 5.5. (a) The Indiana criminal justice institute
shall administer grants for:

      (1) the juvenile diversion grant program described in section 1(1)
      of this chapter; and
      (2) the juvenile community alternatives grant program described
      in section 1(2) of this chapter;
in consultation with the oversight committee and the workgroup, taking
into consideration the grant program report prepared and submitted to
the commission by the oversight committee under IC 2-5-36-9.3(b).
   (b) Advances from the fund may be awarded before July 1, 2025,
July 1, 2027, for purposes of the programs described in section 1(1)
and 1(2) of this chapter. An advance may not be awarded under this
subsection after June 30, 2025. June 30, 2027. This subsection expires
July 1, 2025. July 2, 2027.
   SECTION 7. IC 31-40-6-0.3, AS ADDED BY P.L.201-2023,
SECTION 246, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 0.3. As used in this chapter, "fund"
refers to the juvenile behavioral health competitive grant pilot program
fund established by section 5 of this chapter.
   SECTION 8. IC 31-40-6-1, AS ADDED BY P.L.101-2022,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. As used in this chapter, "program" refers to the
juvenile behavioral health competitive grant pilot program established
by section 2 of this chapter.
   SECTION 9. IC 31-40-6-2, AS ADDED BY P.L.101-2022,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) The juvenile behavioral health competitive
grant pilot program may be established, subject to available funding.
   (b) The program shall be administered by the Indiana criminal
justice institute (as described in IC 5-2-6).
   SECTION 10. IC 31-40-6-3, AS AMENDED BY P.L.201-2023,
SECTION 250, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The purpose of the juvenile
behavioral health competitive grant pilot program is to support
jurisdictions, particularly in rural areas, to evaluate a child's behavioral

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health needs and divert the child from formal court involvement and
out-of-home placement into community or school based mental health
treatment.

   (b) Grant recipients shall use a validated mental health screening
tool, and a full mental health assessment tool, if necessary, and may use
the funds to conduct the following activities:

      (1) Partnering with law enforcement to implement a program to
      divert a child from formal court proceedings.
      (2) Creating crisis stabilization services and a mobile crisis unit.
      (3) Providing comprehensive case management for a child or
      family in crisis.
      (4) Identifying and strengthening community based intensive
      treatment and management services.
      (5) Establishing telehealth services (as defined in IC 25-1-9.5-6)
      and programs.
      (6) Supporting mental health evaluations, which include the use
      of telehealth services (as defined in IC 25-1-9.5-6).
   (c) The Indiana criminal justice institute may consider those
programs and activities identified for possible funding in the plan
submitted to the commission by the oversight committee under
IC 2-5-36-9.3(b), but may not rely exclusively on the plan in providing
statewide funding under the program.
   (d) The Indiana criminal justice institute shall adopt performance
measures that apply to grantees under the program, taking into
consideration the plan submitted to the commission by
recommendations of the oversight committee. under IC 2-5-36-9.3(b).
   SECTION 11. IC 31-40-6-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 3.5. (a) The Indiana criminal
justice institute may use available funds to strengthen the Indiana
criminal justice institute's grant management capacity to:
      (1) serve as an efficient pass through to grantees;
      (2) provide quality assurance and technical assistance to
      grantees; and
      (3) support and coordinate data collection.
   (b) Not later than December 1 of each year, the Indiana criminal
justice institute shall:
      (1) prepare an annual report that details the performance
      measures collected and reported under IC 2-5-36-9.3(b)(4),
      including an analysis of the performance measures by race,
      ethnicity, gender, and other demographic factors; and
      (2) submit the report to:

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         (A) the governor;
         (B) the chief justice of Indiana;
         (C) the legislative council; and
         (D) the oversight committee.
The report submitted to the legislative council must be in an
electronic format under IC 5-14-6.
   SECTION 12. IC 31-40-6-4, AS AMENDED BY P.L.201-2023,
SECTION 251, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 4. (a) The A grantee participating
in any program described in this chapter shall engage in
collaborative service planning with the grantee's local or regional
justice reinvestment advisory council (as described in IC 33-38-9.5-4),
or another local collaborative body that includes stakeholders across
the juvenile justice system, or one (1) or more juvenile justice system
entities affected by grant funded activities. Collaborative service
planning shall:
      (1) manage inform grant solicitation, with support for rural
      communities as a required funding priority; and
      (2) determine inform how funding and programming could be
      used more effectively; and
      (b) (3) The advisory council shall consider efficiency that may be
      achieved by implementing the program programming on a
      regional basis.
   (c) (b) The Indiana criminal justice institute shall coordinate with
the oversight committee, workgroup, and office to develop a statewide
solicitation process for applications for the grants from the fund and
shall conduct outreach activities to inform all potential applicants of
the grant opportunities available under this chapter.
   (d) (c) The Indiana criminal justice institute, in coordination with
the commission, oversight committee, workgroup, and office, shall
conduct informational and educational sessions for potential and actual
applicants, including opportunities for questions and clarification.
   (e) (d) Subject to the Indiana criminal justice institute solicitation
process developed under subsection (c), (b), the oversight committee,
or a subgroup of the oversight committee, shall review applications for
grants under this chapter and make recommendations to the board of
trustees of the Indiana criminal justice institute regarding funding
decisions. The review of applications should be done in consultation
with a representative from the department of child services, the
department of correction, the division of mental health and addiction,
the Indiana criminal justice institute, the office, and experienced
practitioners in the mental and behavioral health profession.

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   SECTION 13. IC 31-40-6-4.5, AS AMENDED BY P.L.144-2024,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JUNE 30, 2025]: Sec. 4.5. (a) The Indiana criminal justice institute
shall administer grants for the juvenile behavioral health competitive
grant pilot program in consultation with the oversight committee and
the workgroup, taking into consideration the grant program report
prepared and submitted to the commission by the oversight committee
under IC 2-5-36-9.3(b).

   (b) Advances from the fund may be awarded before July 1, 2025,
July 1, 2027, for purposes of the juvenile behavioral health competitive
grant pilot program. An advance may not be awarded under this
subsection after June 30, 2025. June 30, 2027. This subsection expires
July 1, 2025. July 2, 2027.

   SECTION 14. IC 31-40-6-5, AS ADDED BY P.L.101-2022,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) The juvenile behavioral health competitive
grant pilot program fund is established to provide grants under this
chapter. The fund shall be administered by the Indiana criminal justice
institute (as described in IC 5-2-6).

   (b) The fund consists of:
      (1) money appropriated to the fund by the general assembly;
      (2) money received from state or federal grants or programs that
      concern alternative detention and recidivism reduction for
      juveniles; and
      (3) donations, gifts, and money received from any other source,
      including transfers from other funds or accounts.

   (c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.

   (d) Money in the fund at the end of a state fiscal year does not revert
to the state general fund but remains in the fund to be used exclusively
for purposes of this chapter.

   (e) Money in the fund is continuously appropriated for the purposes
of this chapter.

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Speaker of the House of Representatives

President of the Senate

President Pro Tempore

Governor of the State of Indiana

Date:                             Time:

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