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Problem-solving courts, CHINS legislation return to house of origin

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The Indiana Senate passed several House bills Tuesday, including legislation expanding when a person can participate in a problem-solving court program. The House of Representatives returned bills on children in need of services petitions and prosecutor pensions back to the Senate.

House Bill 1016 passed 49-0 and was returned to the House with amendments. The bill adds as eligible to participate those who have been referred to the court as a condition of a misdemeanor sentence, or a program authorized by the judge of the problem-solving court and the Department of Correction or county sheriff.

The legislation also would allow problem-solving courts to provide rehabilitative services – a class, program or service – to someone participating in the problem-solving court program. The court or another entity to which the individual has been referred by the court could provide the rehabilitation services in areas such as education, employment, or family support.

Senate Bill 164 on child in need of services petitions passed the House 92-0. The bill allows a prosecuting attorney to ask the juvenile court to authorize the filing of a petition alleging a child is need of services. The prosecutor also may represent the interests of the state at all proceedings dealing with the petition, unless otherwise agreed upon. The introduced version of this bill was prepared by the Department of Child Services Interim Study Committee.

Prosecutors once had the ability to file these petitions, but the state code was changed when the Department of Child Services was spun off from the Family and Social Services Administration.  The bill goes back to the Senate with amendments.

Senate Bill 499 on pensions passed 97-0. The bill allows the board of trustees of the Indiana public retirement system to grant service credit to a participant who withdrew from the prosecuting attorneys retirement fund for years of service accrued before the withdrawal if the participant pays into the fund the full amount of the money received when the participant withdrew, plus interest at a rate specified by rule by the board.

SB 499 returns to the Senate without amendments and is ready for enrollment.

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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