SB 340

Bill Subjects

Children And Minors, Juvenile Courts And Proceedings Children And Minors, Juvenile Delinquents Children And Minors, Juvenile Institutions And Schools Crimes And Offenses, Sentencing Study Committees

Abstract

Repeals provisions providing that juvenile courts do not have jurisdiction over juveniles charged with certain offenses. Repeals provisions: (1) imposing various juvenile court fees; (2) under which a parent of a delinquent child is required to pay: (A) an application fee for transfer of the child to another state; or (B) the costs of returning the child to Indiana; under the interstate compact for juveniles; (3) under which: (A) child support payments; and (B) state or federal benefits; for a child removed from the child's home by the department of child services (DCS) are paid or assigned to DCS for the duration of the child's removal; (4) imposing a fee for a child's participation in a program of informal adjustment; (5) requiring parents of a child to pay costs of educational or rehabilitative services provided for the child while the child is under the supervision of the probation department; (6) under which a juvenile court may order a parent of a child adjudicated to be a child in need of services (CHINS) or adjudicated delinquent to reimburse the county for costs incurred by the county with respect to services for or placement of the child; (7) under which a parent of a child: (A) adjudicated to be a CHINS; (B) adjudicated delinquent; or (C) participating in a program of informal adjustment; is required to reimburse DCS for the cost of services provided for the child by DCS; (8) under which a parent of a delinquent child may be required to reimburse costs of services provided by the department of correction if the child is made a ward of the department of correction; (9) imposing a juvenile probation fee; (10) allowing a juvenile court to require a parent of a child to pay a fee for the services of a guardian ad litem or court appointed special advocate appointed for the child; (11) requiring a parent to pay expenses assessed against the parent's child by a problem solving court; and (12) requiring a parent to reimburse a county for public defender services provided to the parent's child; and provides that any outstanding costs, fees, or other financial obligations, or any warrant based solely on costs, fees, or other financial obligations, that have been imposed on a delinquent child or the parent or guardian of a delinquent child under these repealed provisions are vacated and unenforceable. Discontinues the collection of a civil filing fee for paternity actions. Discontinues the division of youth services transitional services fund. Provides that a statement made during a custodial interrogation by a juvenile regarding an act allegedly committed when the juvenile was less than 18 years of age is inadmissible for purposes of specified criminal or juvenile proceedings if a law enforcement officer or school resource officer knowingly communicates to the juvenile: (1) false information regarding evidence relating to the act; or (2) false or unauthorized statements regarding penalties for the act or leniency in the imposition of penalties for the act; during the custodial interrogation. Imposes requirements on juvenile detention facilities with regard to visitation and contact with residents of a juvenile detention facility. Provides that commission by a juvenile of an offense related to unlawful carry of a firearm is a delinquent act. Provides that commission by a juvenile of: (1) indecent display by a youth; or (2) an act that would be a misdemeanor if committed by an adult; under specified circumstances is a delinquent act. Amends, with respect to provisions allowing public access to certain juvenile court records and records regarding allegations of certain delinquent acts: (1) the circumstances under which such records may be accessed by the public; and (2) the information in the records that may be accessed; without a court order. Allows an individual convicted of a crime committed by the individual before the individual was 18 years of age to petition a court for modification of the individual's sentence. Eliminates a provision allowing an individual who is 16 or 17 years of age and found guilty of murder to be sentenced to life imprisonment without parole. Provides with regard to murder sentencing that the defendant's commission of the murder when the defendant was less than 25 years of age (rather than 18 years of age, under current law) at the time of the murder is a mitigating factor. Urges the legislative council to assign to an appropriate interim study committee topics related to court fees, including: (1) distribution of court fee revenue; and (2) alternatives to the collection of court fees.