§ 11-12-2-2 — Community corrections advisory board; membership; terms; combined advisory board; officers; quorum; assistance and appropriations

Indiana § 11-12-2-2

• Jurisdiction: Indiana
• Art. 12: COMMUNITY CORRECTIONS
• Ch. 2: State Grants to Counties for Community Corrections and

Text

(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) two (2) judges having criminal jurisdiction, if available,
appointed by the circuit court judge or the judges' designees;
(5) one (1) judge having juvenile jurisdiction, appointed by the
circuit court judge;
(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) 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);
(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.
(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 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
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.
As added by Acts 1979, P.L.120, SEC.5. Amended by
P.L.16-1986, SEC.6; P.L.240-1991(ss2), SEC.61; P.L.2-1992,
SEC.113; P.L.4-1993, SEC.15; P.L.5-1993, SEC.28; P.L.104-1997,
SEC.3; P.L.105-1997, SEC.1; P.L.34-2007, SEC.1; P.L.146-2008,
SEC.371; P.L.44-2009, SEC.7; P.L.86-2017, SEC.1.