§ 4-2-7-7 — Crimes; inspector general's duty to report to prosecuting attorney; governor's recommendation; appointment of special prosecutor by court of appeals judge; selection; powers and limitations; indictment

Indiana § 4-2-7-7

• Jurisdiction: Indiana
• Art. 2: STATE OFFICERS GENERALLY
• Ch. 7: The Inspector General

Text

(a) If the inspector general discovers evidence of
criminal activity, the inspector general shall certify to the appropriate
prosecuting attorney the following information:
(1) The identity of any person who may be involved in the
criminal activity.
(2) The criminal statute that the inspector general believes has
been violated.
In addition, the inspector general shall provide the prosecuting attorney
with any relevant documents, transcripts, or written statements. If the
prosecuting attorney decides to prosecute the crime described in the
information certified to the prosecuting attorney, or any other related
crimes, the inspector general shall cooperate with the prosecuting
attorney in the investigation and prosecution of the case. Upon request
of the prosecuting attorney, the inspector general may participate on
behalf of the state in any resulting criminal trial.
(b) If:
(1) the prosecuting attorney to whom the inspector general issues
a certification under subsection (a):
(A) is disqualified from investigating or bringing a criminal
prosecution in the matter addressed in the certification;
(B) does not file an information or seek an indictment not later
than one hundred eighty (180) days after the date on which the
inspector general certified the information to the prosecuting
attorney; or
(C) refers the case back to the inspector general; and
(2) the inspector general finds that there may be probable cause
to believe that a person identified in a certification under
subsection (a)(1) has violated a criminal statute identified in a
certification under subsection (a)(2);
the inspector general may request that the governor recommend the
inspector general be appointed as a special prosecuting attorney under
subsection (h) so that the inspector general may prosecute the matter
addressed in the certification.
(c) The governor may recommend the inspector general be
appointed as a special prosecuting attorney if:
(1) one (1) of the conditions set forth in subsection (b)(1) relating
to the prosecuting attorney is met; and
(2) the governor finds that the appointment of the inspector
general as a special prosecuting attorney is in the best interests of
justice.
(d) If the governor has recommended the appointment of the
inspector general as a special prosecuting attorney, the inspector
general shall file a notice with the chief judge of the court of appeals,
stating:
(1) that the governor has recommended that the inspector general
be appointed as a special prosecutor;
(2) the name of the county in which the crime that the inspector
general intends to prosecute is alleged to have been committed;
and
(3) that the inspector general requests the chief judge to assign a
court of appeals judge to determine whether the inspector general
should be appointed as a special prosecuting attorney.
Upon receipt of the notice, the chief judge of the court of appeals shall
randomly select a judge of the court of appeals to determine whether
the inspector general should be appointed as a special prosecuting
attorney. The chief judge shall exclude from the random selection a
judge who resided in the county in which the crime is alleged to have
been committed at the time the judge was appointed to the court of
appeals.
(e) The inspector general shall file a verified petition for
appointment as a special prosecuting attorney with the court of appeals
judge assigned under subsection (d). In the verified petition, the
inspector general shall set forth why the inspector general should be
appointed as a special prosecutor. The inspector general may support
the verified petition by including relevant documents, transcripts, or
written statements in support of the inspector general's position. The
inspector general shall serve a copy of the verified petition, along with
any supporting evidence, on the prosecuting attorney to whom the case
was originally certified under subsection (a).
(f) The prosecuting attorney shall file a verified petition in support
of or opposition to the inspector general's verified petition for
appointment as a special prosecuting attorney not later than fifteen (15)
days after receipt of the inspector general's verified petition for
appointment as a special prosecuting attorney.
(g) Upon a showing of particularized need, the court of appeals
judge may order the verified petitions filed by the inspector general and
the prosecuting attorney to be confidential.
(h) After considering the verified petitions, the court of appeals
judge may appoint the inspector general or a prosecuting attorney,
other than the prosecuting attorney to whom the case was certified
under this section, as a special prosecuting attorney if the judge finds
that:
(1) one (1) of the conditions set forth in subsection (b)(1) is met;
and
(2) appointment of a special prosecuting attorney is in the best
interests of justice.
In making its determination under this subsection, the court of appeals
judge shall consider only the arguments and evidence contained in the
verified petitions.
(i) Except as provided in subsection (k), a special prosecuting
attorney appointed under this section has the same powers as the
prosecuting attorney of the county. However, the court of appeals judge
shall:
(1) limit the scope of the special prosecuting attorney's duties as
a special prosecuting attorney to include only the investigation or
prosecution of a particular case or particular grand jury
investigation, including any matter that reasonably results from
the investigation, prosecution, or grand jury investigation; and
(2) establish for a time certain the length of the special
prosecuting attorney's term.
If the special prosecuting attorney's investigation or prosecution
acquires a broader scope or requires additional time to complete, the
court of appeals judge may at any time increase the scope of the special
prosecuting attorney's duties or establish a longer term for the special
prosecuting attorney.
(j) An inspector general or prosecuting attorney appointed to serve
as a special prosecuting attorney may appoint one (1) or more deputies
who are licensed to practice law in Indiana to serve as a special deputy
prosecuting attorney. A special deputy prosecuting attorney is subject
to the same statutory restrictions and other restrictions imposed on the
special prosecuting attorney by the court of appeals, but otherwise has
the same powers as a deputy prosecuting attorney.
(k) An inspector general or prosecuting attorney appointed to serve
as a special prosecuting attorney under this section may bring a
criminal charge only after obtaining an indictment from a grand jury.
An inspector general or prosecuting attorney appointed under this
section to serve as a special prosecuting attorney may not bring a
criminal charge by filing an information.
(l) The inspector general or a deputy inspector general who is
licensed to practice law in Indiana may serve as a special deputy
prosecuting attorney under IC 33-39-10-3.
(m) If the court of appeals appoints a prosecuting attorney to serve
as a special prosecuting attorney under this section, the inspector
general shall reimburse the prosecuting attorney for the reasonable
expenses of investigating and prosecuting the case.

Legislative History

As added by P.L.222-2005, SEC.14. Amended by P.L.57-2014, SEC.2.