CHAPTER 5. CRIMINAL LAW AND SENTENCING POLICY STUDY COMMITTEE
IC 2-5.5-5
Chapter 5. Criminal Law and Sentencing Policy Study Committee
IC 2-5.5-5-1
Establishes the criminal law and sentencing policy study committee
Sec. 1. The criminal law and sentencing policy study committee
is established.
As added by P.L.100-2010, SEC.1.
IC 2-5.5-5-2
Membership
Sec. 2. The committee consists of fourteen (14) members
appointed as follows:
(1) Four (4) members of the senate, not more than two (2) of
whom may be affiliated with the same political party, appointed
by the president pro tempore of the senate.
(2) Four (4) members of the house of representatives, not more
than two (2) of whom may be affiliated with the same political
party, appointed by the speaker of the house of representatives.
(3) The executive director of the prosecuting attorneys council
of Indiana or the executive director's designee.
(4) The executive director of the public defender council of
Indiana or the executive director's designee.
(5) One (1) person who:
(A) has experience in administering probation programs; and
(B) is a member of the Probation Officers' Professional
Association of Indiana;
appointed by the members of the Association.
(6) One (1) circuit or superior court judge who exercises
criminal or juvenile jurisdiction, appointed by the chief justice
of the supreme court.
(7) The commissioner of the department of correction.
(8) The chairman of the parole board.
As added by P.L.100-2010, SEC.1.
IC 2-5.5-5-3
Chairman
Sec. 3. The chairman of the legislative council shall appoint a
legislative member of the committee to serve as chair of the
committee. Whenever there is a new chairman of the legislative
council, the new chairman may remove the chair of the committee
and appoint another chair.
As added by P.L.100-2010, SEC.1.
IC 2-5.5-5-4
Replacement of legislative member
Sec. 4. If a legislative member of the committee ceases to be a
member of the chamber from which the member was appointed, the
member also ceases to be a member of the committee.
As added by P.L.100-2010, SEC.1.
IC 2-5.5-5-5
Removal of legislative member
Sec. 5. A legislative member of the committee may be removed
at any time by the appointing authority who appointed the legislative
member.
As added by P.L.100-2010, SEC.1.
IC 2-5.5-5-6
Vacancy
Sec. 6. If a vacancy exists on the committee, the appointing
authority who appointed the former member whose position is vacant
shall appoint an individual to fill the vacancy.
As added by P.L.100-2010, SEC.1.
IC 2-5.5-5-7
Final report
Sec. 7. The committee shall submit a final report of the results of
its study to the legislative council before November 1 of
even-numbered years. The report must be in an electronic format
under IC 5-14-6.
As added by P.L.100-2010, SEC.1.
IC 2-5.5-5-8
Criminal justice institute staff support
Sec. 8. The Indiana criminal justice institute shall provide staff
support to the committee to prepare:
(1) minutes of each meeting; and
(2) the final report.
As added by P.L.100-2010, SEC.1.
IC 2-5.5-5-9
Legislative services agency staff support
Sec. 9. The legislative services agency shall provide staff support
to the committee to:
(1) advise the committee on legal matters, criminal procedures,
and legal research; and
(2) draft potential legislation.
As added by P.L.100-2010, SEC.1.
IC 2-5.5-5-10
Per diem
Sec. 10. Each member of the committee is entitled to receive the
same per diem, mileage, and travel allowances paid to individuals
who serve as legislative and lay members, respectively, of interim
study committees established by the legislative council.
As added by P.L.100-2010, SEC.1.
IC 2-5.5-5-11
Majority to take action
Sec. 11. The affirmative votes of a majority of the voting
members appointed to the committee are required for the committee
to take action on any measure, including the final report.
As added by P.L.100-2010, SEC.1.
IC 2-5.5-5-12
Rules of legislative council
Sec. 12. Except as otherwise specifically provided by this chapter,
the committee shall operate under the rules of the legislative council.
All funds necessary to carry out this chapter shall be paid from
appropriations to the legislative council and the legislative services
agency.
As added by P.L.100-2010, SEC.1.
IC 2-5.5-5-13
Duties
Sec. 13. (a) The committee is established to evaluate criminal
laws, sentencing laws, and policies as they relate to:
(1) the purposes of the criminal justice and corrections systems;
(2) the availability of sentencing options; and
(3) the inmate population in department of correction facilities.
If, based on the committee's evaluation under this subsection, the
committee determines that changes are necessary or appropriate, the
committee shall make recommendations to the general assembly for
the modification of sentencing laws and policies and for the addition,
deletion, or expansion of sentencing options.
(b) The committee shall do the following:
(1) Conduct a continuing study of the laws relating to:
(A) the investigation of crimes;
(B) the prosecution of crimes;
(C) criminal procedures;
(D) alternative sentencing programs;
(E) the department of correction;
(F) parole;
(G) probation;
(H) community corrections;
(I) home detention programs;
(J) criminal registries;
(K) victim rights;
(L) the classification of criminal offenses into felony and
misdemeanor categories;
(M) sex offenders; and
(N) juvenile offenders.
(2) Study federal requirements or incentives for states to pass
certain laws or establish specific programs.
(3) Determine the long range needs of the criminal justice and
corrections systems and recommend policy priorities for those
systems.
(4) Identify critical problems in the criminal justice and
corrections systems and recommend strategies to solve the
problems.
(5) Assess the cost effectiveness of the use of state and local
funds in the criminal justice and corrections systems.
(6) Propose plans, programs, and legislation for improving the
effectiveness of the criminal justice and corrections systems.
(c) The committee may study other topics assigned by the
legislative council or as directed by the committee chair. The
committee may meet as often as necessary.
As added by P.L.100-2010, SEC.1.