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(2) the person will be released from custody by a law enforcement agency before the person is to appear at the trial on the person's alleged commission of the crime or act that would be a crime if committed by an adult; and

(3) the crime or act that would be a crime if committed by an adult did not result in the death of the victim;

the law enforcement agency shall notify the victim of the person's release. (As added by P.L.157-1994, 1.)

IC 35-33-12-3

The notice described in section 2 of this chapter must be given by the law enforcement agency that had custody of the person at the time of release to a victim:

(1) before the person is released by the law enforcement agency, if possible; or

(2) as soon as practicable after the person has been released by the law enforcement agency. (As added by P.L.157-1994, 1.)

IC 35-33-12-4

(a) A law enforcement agency is not required to provide notice to a victim under this chapter:

(1) unless the victim gives the law enforcement agency a telephone number or an address that the law enforcement agency may use to notify the victim; or

(2) if the victim requests in writing that the victim does not want to be notified.

(b) A victim is responsible for supplying a law enforcement agency with a change in the telephone number or the address the victim gives the law enforcement agency under subsection (a). (As added by P.L.157-1994, 1.)

IC 35-33-12-5

A law enforcement agency or a law enforcement officer is not liable for:

(1) failure to provide notice; or

(2) failure to provide timely notice;

under this chapter unless it can be shown that the law enforcement agency or the law enforcement officer knowingly or intentionally failed to provide notice or failed to provide timely notice. (As added by P.L.157-1994, 1.)

IC 35-35-3-1 Plea Agreements

As used in this chapter:

"Plea agreement" means an agreement between a prosecuting attorney and a defendant concerning the disposition of a felony or misdemeanor charge.

"Presumptive sentence" means the penalty prescribed by IC 35-50-2 without consideration of mitigating or aggravating circumstances.

"Prosecuting attorney" includes a deputy prosecuting attorney.

"Recommendation" means a proposal that is part of a plea agreement made to a court that:

(1) a felony charge be dismissed; or

(2) a defendant, if he pleads guilty to a felony charge, receive less than the presumptive sentence.

"Victim" means a person who has suffered harm as a result of a crime.

(As added by Acts 1981, P.L.298, 4. Amended by Acts 1982, P.L.204, 27; P.L.320- 1983, 18.)

IC 35-35-3-2

(a) In making a recommendation on a felony charge, a prosecuting attorney must:

(1) inform the victim that he has entered into discussions with defense counsel or the court concerning a recommendation;

(2) inform the victim of the contents of the recommendation before it is filed; and

(3) notify the victim that the victim is entitled to be present and may address the court (in person or in writing) when the court considers the recommendation.

(b) A court may consider a recommendation on a felony charge only if the prosecuting attorney has complied with this section. (As added by Acts 1981, P.L.298, 4. Amended by P.L.126-1985, 2.)

IC 35-35-3-3

(a) No plea agreement may be made by the prosecuting attorney to a court on a felony charge except:

(1) in writing; and

(2) before the defendant enters a plea of guilty.

The plea agreement shall be shown as filed, and if its contents indicate that the prosecuting attorney anticipates that the defendant intends to enter a plea of guilty to a felony charge, the court shall order the presentence report required by IC 35-38-1-8 and may hear evidence on the plea agreement.

(b) Neither the content of the plea agreement, the presentence report, nor the hearing shall be a part of the official record of the case unless the court approves the plea agreement. If the plea agreement is not accepted, the court shall reject it before the case may be disposed of by trial or by guilty plea. If the court rejects the plea agreement, subsequent plea agreements may be filed with the court, subject to the same requirements that this chapter imposes upon the initial plea agreement.

(c) A plea agreement in a misdemeanor case may be submitted orally to the court.

(d) In a misdemeanor case, if:

(1) the court rejects a plea agreement; and

(2) the prosecuting attorney or the defendant files a written motion for change of judge within ten (10) days after the plea agreement is rejected;

the court shall grant the motion for change of judge and transfer the proceeding to a special judge under the Indiana Rules of Criminal Procedure. However, there may not be more than one (1) transfer of the proceeding to a special judge under this subsection.

(e) If the court accepts a plea agreement, it shall be bound by its terms. (As added by Acts 1981, P.L.298, 4. Amended by P.L.320-1983, 19; P.L.136-1987, 4.)

IC 35-35-3-4

A plea agreement, or a verbal or written communication concerning the plea agreement, may not be admitted into evidence at the trial of the case, should the plea agreement not culminate in approval by the court. (As added by Acts 1981, P.L.298, 4. Amended by P.L.320-1983, 20.)

IC 35-35-3-5

(a) As a part of the recommendation submitted to the court, the prosecuting attorney must certify that he has offered to show the proposed recommendation to the victims of the felony, if any, and that they have been offered an opportunity to present their opinion of the recommendation to the prosecuting attorney and the court.

(b) A victim present at sentencing in a felony or misdemeanor case shall be advised by the court of a victim's right to make a statement concerning the crime and the sentence. The court shall also offer the victim, if present, an opportunity to make a statement concerning the crime and the sentence. If unable to attend the hearing, the victim may mail a written statement to the court, which must be included in the presentence report made with respect to the defendant.

(c) However, this section gives no additional rights to the defendant. Failure to comply gives no grounds for postconviction relief. (As added by Acts 1981, P.L.298, 4. Amended by P.L.126-1985, 3.)

IC 35-35-3-6

(a) If the victim is deceased or is under the age of eighteen (18) years, the prosecuting attorney shall certify that he has completed the procedure required by section 5 of this chapter with at least one (1) of the next of kin or the parent, guardian, or custodian of the victim. If the victim is a corporation, limited liability

company, association, or governmental entity, the prosecuting attorney shall certify that he has completed the procedure with a responsible officer or agent of the entity. If the victim is a partnership, the prosecuting attorney shall certify that he has completed the procedure with at least one (1) partner.

(b) If there are more than three (3) victims, the prosecuting attorney shall complete the procedure required by section 5 of this chapter with the three (3) who he believes have suffered the most. (As added by Acts 1981, P.L.298, 4. Amended by Acts 1982, P.L.204, 28; P.L.8-1993, 508.)

IC 35-35-3-7

If the prosecuting attorney is unable to make a certification required under section 5 or 6 of this chapter because he was unable, after a reasonable effort, to locate the victim or his next of kin, then he shall certify this fact to the court. He may then submit the recommendation, and the court may act upon it. (As added by Acts 1981, P.L.298, 4.)

IC 35-37-4-11 Victim Safeguards During Court Proceedings

(a) During court proceedings a court shall provide safeguards necessary to minimize the contact of the victim of an offense or delinquent act with:

(1) a defendant accused of the offense or a juvenile accused of committing the delinquent act; and

(2) the relatives and friends of:

(A) a defendant accused of the offense; or

(B) a juvenile accused of committing the delinquent act.

(b) The safeguards required under subsection (a) may include courthouse waiting areas for victims that are separated from those waiting areas specified for defendants, juveniles alleged to be delinquent children, and the relatives and friends of accused persons.

(c) A county is not required under this section, or by mandate of a court, to expend any funds to change the physical configuration of a courthouse in the county to meet the requirements of this section. (As added by P.L.36-1990, 10.)

IC 35-37-4-12

(a) If the physical safety of a victim or the victim's immediate family is in danger, a victim may not be required to give personal information during the course of sworn testimony regarding the following:

(1) Telephone numbers.

(2) Place of employment.

(3) Residential address.

(b) In any hearing to determine the introduction into evidence of the personal information specified in subsection (a), the court, if the court finds an actual danger to the victim or the victim's immediate family exists, may require the party possessing the personal information to disclose the personal information to the court for in camera review. (As added by P.L.1-1991, 193.)

IC 35-37-6-1 Victim Counseling

As used in this chapter, "confidential communication" means any information:

(1) exchanged between a victim and a victim counselor in private or in the presence of a third party who is necessary to facilitate communication or further the counseling process; and

(2) disclosed in the course of the counselor's treatment of the victim for any emotional or psychological condition resulting from a covered act. (As added by P.L.136-1987, 5.)

IC 35-37-6-2

As used in this chapter, "covered act" means any of the following offenses or an act that, if committed by a person less than eighteen (18) years of age, would be any of the following offenses if committed by an adult:

(1) A sex crime under IC 35-42-4.

(2) A battery against:

(A) a child under IC 35-42-2-1(2)(B);

(B) a disabled person under IC 35-42-2-1(2)(C);

(C) an endangered adult under IC 35-42-2-1(2)(E); or

(D) a spouse under IC 35-42-2-1.

(3) Neglect of a dependent under IC 35-46-1-4.

(4) Incest (IC 35-46-1-3). (As added by P.L.136-1987, SEC.5.)

IC 35-37-6-3

As used in this chapter, "victim" means an individual:

(1) against whom a covered act is committed; or

(2) other than an individual who is accused of committing a covered act, who is the parent, stepparent, child, stepchild, grandparent, grandchild, sibling, aunt, uncle, niece, or nephew of the individual described in subdivision (1). (As added by P.L.136-1987, 5.)

IC 35-37-6-4

As used in this chapter, "victim counseling" means diagnosis and treatment to alleviate the adverse emotional or psychological impact of a covered act on the victim. (As added by P.L.136-1987, 5.)

IC 35-37-6-5

As used in this chapter, "victim counseling center" means:

(1) a public agency;

(2) a unit of a public agency; or

(3) an organization that is exempt from federal income taxation under Section 501 of the Internal Revenue Code;

that is not affiliated with a law enforcement agency, and has, as one (1) of its primary purposes, the treatment of victims for emotional and psychological conditions that occur as a result of covered acts. (As added by P.L.136-1987, 5.)

IC 35-37-6-6

As used in this chapter, "victim counselor" means an individual who:

(1) is an employee or supervised volunteer of a victim counseling center; and

(2) provides treatment to a victim for an emotional or psychological condition incurred by the victim as a result of a covered act.

The term does not include a law enforcement officer or the employee or agent of a law enforcement officer. (As added by P.L.136-1987, 5.)

IC 35-37-6-7

This chapter does not limit any other testimonial privilege available to a person.

(As added by P.L.136-1987, 5.)

IC 35-37-6-8

This chapter does not relieve a victim counselor of any duty to report suspected abuse, neglect, battery, or exploitation under IC 12-10-3, IC 31-6-11, or IC 35-46-1-13. (As added by P.L.136-1987, 5. Amended by P.L.3-1989, 222; P.L.2-1992, 875.)

IC 35-37-6-9

(a) The following persons may not be compelled to give testimony or to produce records concerning confidential communications in any judicial, legislative, or administrative proceeding:

(1) A victim.

(2) A victim counselor, unless the victim consents to the disclosure.

(3) An unemancipated child less than eighteen (18) years of age or an incapacitated victim, unless a custodial parent, custodian, guardian, or guardian ad litem who is not accused of a covered act consents to the disclosure.

(b) A victim counselor or a victim may not be compelled to provide testimony in any judicial, legislative, or administrative proceeding that would identify the name, address, location, or telephone number of any facility that provided temporary emergency shelter to the victim of the offense or transaction that is the subject of the proceeding unless the facility is a party to the proceeding.

(As added by P.L.136-1987, SEC.5.)

IC 35-37-6-10

(a) A victim does not waive the protections afforded by this chapter by testifying in court about an offense. However, if the victim partially discloses the contents of a confidential communication in the course of testifying, either party may request the court to rule that justice requires the protections of this chapter to be waived, to the extent they apply to that portion of the communication.

(b) A waiver under this section applies only to the extent necessary to require any witness to respond to questions concerning the confidential communication that are relevant to the facts and circumstances of the case. (As added by P.L.136-1987, 5.)

IC 35-38-1-8 Presentence Report

(a) Except as provided in subsection (c), a defendant convicted of a felony may not be sentenced before a written presentence report is prepared by a probation officer and considered by the sentencing court. Delay of sentence until a presentence report is prepared does not constitute an indefinite postponement or suspension of sentence.

(b) A victim present at sentencing in a felony or misdemeanor case shall be advised by the court of a victim's right to make a statement concerning the crime and the sentence.

(c) A court may sentence a person convicted of a Class D felony without considering a written presentence report prepared by a probation officer. However, if a defendant is committed to the department of correction, the probation officer shall prepare a report that meets the requirements of IC 35-38-1-9 to be sent with the offender to the department in lieu of the presentence investigation report required by IC 35-38-1-14. (As added by P.L.311-1983, 3. Amended by P.L.131-1985, 16; P.L.240-1991(ss2), 90.)

IC 35-46-1-14

Any person acting in good faith who:

(1) makes or causes to be made a report of neglect, battery, or exploitation under this chapter, IC 35-42-2-1(2)(C), or IC 35-42-2-1(2)(E);

(2) makes or causes to be made photographs or X-rays of a victim of suspected neglect or battery of an endangered adult or a dependent eighteen (18) years of age or older; or

(3) participates in any official proceeding or a proceeding resulting from a report of neglect, battery, or exploitation of an endangered adult or a dependent eighteen (18) years of age or older relating to the subject matter of that report;

is immune from any civil or criminal liability that might otherwise be imposed because of these actions. However, this section does not apply to a person accused of neglect, battery, or exploitation of an endangered adult or a dependent eighteen (18) years of age or older. (As added by Acts 1981, P.L.299, 5. Amended by P.L.185-1984, 5.)

IC 5-2-12 Sex Offender Registration

IC 5-2-12-1

As used in this chapter, "correctional facility" has the meaning set forth in IC 4-13.5-1-1. (As added by P.L.11-1994, 7.)

IC 5-2-12-2

As used in this chapter, "institute" means the Indiana criminal justice institute established under IC 5-2-6. (As added by P.L.11-1994, 7.)

IC 5-2-12-3

As used in this chapter, "local law enforcement authority" means the chief of police of a municipality or the sheriff of a county in Indiana. (As added by P.L.11-1994, 7.)

IC 5-2-12-4

As used in this chapter, "offender" refers to a person convicted after June 30, 1994, of any of the following:

(1) Rape (IC 35-42-4-1), if the victim is less than eighteen (18) years of age.

(2) Criminal deviate conduct (IC 35-42-4-2), if the victim is less than eighteen (18) years of age.

(3) Child molesting (IC 35-42-4-3).

(4) Child exploitation (IC 35-42-4-4(b)).

(5) Vicarious sexual gratification (IC 35-42-4-5).

(6) Child solicitation (IC 35-42-4-6).

(7) Child seduction (IC 35-42-4-7).

(8) Sexual misconduct with a minor as a Class A or Class B felony (IC 35-42-4-9).

(9) Incest (IC 35-46-1-3), if the victim is less than eighteen (18) years of age. (As added by P.L.11-1994, 7. Amended by P.L.63-1995, 1.)

IC 5-2-12-5

(a) An offender shall register with each local law enforcement authority having jurisdiction in the area where the offender resides or intends to reside for more than seven (7) days. The offender shall register not more than seven (7) days after the offender arrives at the place where the offender resides or intends to reside.

(b) An offender's duty to register expires ten (10) years after the date the offender is released from prison, placed on parole, or placed on probation, whichever occurs last. (As added by P.L.11-1994, 7. Amended by P.L.63-1995, 2.)

IC 5-2-12-6

The registration required under this chapter must include the following information:

(1) The offender's full name, alias, date of birth, sex, race, height, weight, eye color, Social Security number, driver's license number, and home address.

(2) A description of the offense for which the offender was convicted, the date of conviction, and the sentence imposed, if applicable.

(3) Any other information required by the institute. (As added by P.L.11- 1994, 7.)

IC 5-2-12-7

At least thirty (30) days but not more than ninety (90) days before an offender who is required to register under this chapter is scheduled to be released from a correctional facility, an official of the correctional facility shall do the following:

(1) Inform the offender of the offender's duty to register under this chapter and require the offender to sign a written statement that the offender was informed or, if the offender refuses to sign the statement, certify that the offender was informed of the duty to register.

(2) Obtain the address where the offender expects to reside after the offender's release.

(3) Inform the applicable local law enforcement authority having jurisdiction in the area where the offender expects to reside of the offender's name, release date, new address, and the offense committed by the offender. (As added by P.L.11-1994, 7.)

IC 5-2-12-8

(a) If an offender who is required to register under this chapter changes address, the offender shall provide written notice not more than seven (7) days after the address change to the local law enforcement authority with whom the offender last registered.

(b) If the offender moves to a new municipality or county in Indiana, the local law enforcement authority referred to in subsection (a) shall inform the appropriate local law enforcement authority in the new municipality or county of the offender's residence. (As added by P.L.11-1994, 7.)

IC 5-2-12-9

An offender who knowingly or intentionally fails to register under this chapter commits a Class A misdemeanor. However, the offense is a Class D felony if the offender has a prior unrelated offense under this section. (As added by P.L.11-1994, 7.)

IC 5-2-12-10

The institute shall update the sex offender registry at least one (1) time every six (6) months. (As added by P.L.11-1994, 7.)

IC 5-2-12-11

The institute shall make the sex offender registry available on a computer disk. Each time the registry is updated under section 10 of this chapter, the institute shall send one (1) paper copy of the sex offender registry to:

(1) all school corporations (as defined in IC 20-1-6-1);

(2) all nonpublic schools (as defined in IC 20-10.1-1-3);

(3) a state agency that licenses individuals who work with children;

(4) the state personnel department to screen individuals who may be hired to work with children;

(5) all child care facilities licensed by or registered in the state of Indiana; and

(6) other entities that:

(A) provide services to children; and

(B) request the registry.

A copy of the sex offender registry provided to an entity under subdivision (5) or (6) may not include the home address of an offender whose name appears in the registry. (As added by P.L.11-1994, 7.)

IC 5-2-12-12

When the institute sends a copy of the sex offender registry to an entity under section 11 of this chapter, the institute shall include a notice using the following or similar language: "A person whose name appears on this registry has been convicted of a sex offense against a child. Continuing to employ a person whose name appears on this registry may result in civil liability for the employer." (As added by P.L.11-1994, 7.)

IC 5-2-12-13

An offender's duty to register expires ten (10) years after the date the offender is released from prison, placed on parole, or placed on probation, whichever occurs last. (As added by P.L.11-1994, 7. Amended by P.L.63-1995, 3.)

IC 5-2-6.1 Compensation for Victims of Violent Crimes

IC 5-2-6.1-1

As used in this chapter, "claimant" means a victim filing an application for assistance under this chapter. The term includes:

(1) a parent;

(2) a surviving spouse;

(3) a legal dependent; or

(4) a personal representative;

of the claimant. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-2

As used in this chapter, "division" refers to the victim services division of the Indiana criminal justice institute. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-3 As used in this chapter, "fund" refers to the violent crime victims compensation fund established by section 40 of this chapter. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-4 As used in this chapter, "institute" means the Indiana criminal justice institute established by IC 5-2-6. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-5

As used in this chapter, "intoxicated" has the meaning set forth in IC 9-13-2-86.

(As added by P.L.47-1993, 2.)

IC 5-2-6.1-6

As used in this chapter, "person" includes a sole proprietorship, a partnership, a corporation, an association, a fiduciary, and an individual. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-7 As used in this chapter, "victim" means an individual who suffers bodily injury or death as a result of a violent crime. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-8 Sec. 8. As used in this chapter, "violent crime" means the following:

(1) A crime under the Indiana Code that is a felony of any kind or a Class A misdemeanor that results in bodily injury or death to the victim but does not include any of the following:

(A) A crime under IC 9-30-5 resulting from the operation of a vehicle other than a motor vehicle.

(B) Involuntary manslaughter resulting from the operation of a motor vehicle by a person who was not intoxicated (IC 35-42-1-4).

(C) Reckless homicide resulting from the operation of a motor vehicle by a person who was not intoxicated (IC 35-42-1-5).

(D) Criminal recklessness involving the use of a motor vehicle, unless the offense was intentional or the person using the motor vehicle was intoxicated (IC 35-42-2-2).

(2) A crime in another jurisdiction in which the elements of the crime are substantially similar to the elements of a crime that, if the crime results in death or bodily injury to the victim, would be a felony or a Class A misdemeanor if committed in Indiana. However, the term does not include any of the following:

(A) A crime in another jurisdiction resulting from operating a vehicle, other than a motor vehicle, while intoxicated.

(B) A crime in another jurisdiction with elements substantially similar to involuntary manslaughter resulting from the operation of a motor vehicle if the crime was committed by a person who was not intoxicated.

(C) A crime in another jurisdiction with elements substantially similar to reckless homicide resulting from the operation of a motor vehicle if the crime was committed by a person who was not intoxicated.

(D) A crime in another jurisdiction with elements substantially similar to criminal recklessness involving the use of a motor vehicle unless the offense was intentional or the person using the motor vehicle was intoxicated. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-9

The violent crime compensation unit is established as a unit of the victim services division of the institute. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-10

The division shall do the following:

(1) Maintain an office and staff in Indianapolis.

(2) Prescribe forms for processing applications for assistance.

(3) Determine claims for assistance filed under this chapter and investigate or reopen cases as necessary.

(4) Prepare a written report of the division's activities each year for the governor and the legislative council. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-11 Sec. 11. The division may do the following:

(1) Require from the attorney general, the state police department, local law enforcement personnel, a county department of public welfare, or a prosecuting attorney copies of investigations and data to assist the division in determining the validity of a claimant's application for assistance under this chapter.

(2) Require medical examination of victims.

(3) Hold hearings, administer oaths, examine any person under oath, issue subpoenas requiring the attendance and giving of testimony of witnesses, and require the production of books, papers, and documentary or other evidence. The subpoena powers provided in this subdivision may be exercised only by the director of the division or the director's designated representative.

(4) Take or cause to be taken affidavits or depositions. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-12

Except as provided in sections 13 through 15 of this chapter, the following persons are eligible for assistance under this chapter:

(1) A resident of Indiana who is a victim of a violent crime committed:

(A) in Indiana; or

(B) in a jurisdiction other than Indiana if the jurisdiction in which the violent crime occurs does not offer assistance to a victim of a violent crime that is substantially similar to the assistance offered under this chapter.

(2) A nonresident of Indiana who is a victim of a violent crime committed in Indiana.

(3) A surviving spouse or dependent child of a victim of a violent crime who died as a result of that crime.

(4) Any other person legally dependent for principal support upon a victim of a violent crime who died as a result of that crime.

(5) A person who is injured or killed while trying to prevent a violent crime or an attempted violent crime from occurring in the person's presence or while trying to apprehend a person who had committed a violent crime.

(6) A surviving spouse or dependent child of a person who dies as a result of:

(A) trying to prevent a violent crime or an attempted violent crime from occurring in the presence of the deceased person; or

(B) trying to apprehend a person who had committed a violent crime.

(7) A person legally dependent for principal support upon a person who dies as a result of:

(A) trying to prevent a violent crime or an attempted violent crime from occurring in the presence of the deceased person; or

(B) trying to apprehend a person who had committed a violent crime.

(8) A person who is injured or killed while giving aid and assistance to:

(A) a law enforcement officer in the performance of the officer's lawful duties; or

(B) a member of a fire department who is being obstructed from performing lawful duties. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-13

(a) Subject to subsection (b), benefits may not be awarded:

(1) if the victim sustained the injury as a result of participating or assisting in, or attempting to commit or committing a criminal act; or

(2) if the injury occurred while the victim was a resident in a county, city, or federal jail or prison or in an institution operated by the department of correction.

(b) If the victim is a dependent child or dependent parent of the person who commits a violent crime, compensation may be awarded where justice requires.

(As added by P.L.47-1993, 2.)

IC 5-2-6.1-14

(a) Benefits may not be awarded to a victim under section 12(1), 12(2), 12(3), 12(4), or 15 of this chapter if the victim had a net worth of greater than two hundred thousand dollars ($200,000) at the time of suffering bodily injury.

(b) Benefits may not be awarded to a person under section 12(5), 12(6), 12(7), or 12(8) of this chapter if the person had a net worth of greater than two hundred thousand dollars ($200,000) at the time of suffering bodily injury. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-15

If an unmarried victim of a violent crime dies as a result of the crime, the division shall pay the reasonable expenses incurred for funeral, burial, or cremation. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-16

(a) A person eligible for assistance under section 12 of this chapter may file an application for assistance with the division if the violent crime was committed in Indiana.

(b) The application must be filed not more than one hundred eighty (180) days after the date the crime was committed. The division may grant an extension of time for good cause shown by the claimant. However, an application may not be filed more than two (2) years after the date the crime was committed.

(c) The application must be filed in the office of the division in person or by certified mail. If requested, the division shall assist a victim in preparing the application.

(d) The division shall accept all applications filed in compliance with this chapter. The division shall promptly begin the investigation and processing of an application. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-17

The division may not award compensation under this chapter unless the violent crime was reported to a law enforcement officer not more than forty-eight (48) hours after the occurrence of the crime. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-18

The division shall deny an award of compensation under this chapter if the claimant fails to fully cooperate with law enforcement personnel in the investigation, apprehension, and prosecution of the offender before the date the award is paid. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-19

A claimant who fails to fully cooperate with law enforcement personnel in the investigation, apprehension, and prosecution of the offender after an award is paid forfeits the award. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-20

If:

(1) the division finds a compelling reason for failure to report to or cooperate with law enforcement officials; and

(2) justice requires;

the division may suspend the requirements of section 17, 18, or 19 of this chapter. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-21

(a) As used in this chapter, "out-of-pocket loss" means expense or indebtedness reasonably incurred for medical care or other services resulting from the bodily injury or death upon which the application is based.

(b) An award may not be made unless the claimant has incurred an out-of-pocket loss of at least one hundred dollars ($100).

(c) Subject to subsection (b), the division may order the payment of compensation under this chapter for any of the following:

(1) Reasonable expenses incurred for necessary medical, chiropractic, hospital, dental, psychological, optometric, psychiatric, and ambulance services and prescription drugs and prosthetic devices.

(2) Loss of income the victim would have earned had the victim not died or been injured.

(3) Reasonable emergency shelter care expenses, not to exceed the expenses for thirty (30) days, that are incurred for the claimant or a dependent of the claimant to avoid contact with a person who committed the violent crime.

(4) Reasonable expense incurred for child care, not to exceed one thousand dollars ($1,000), to replace child care the victim would have supplied had the victim not died or been injured.

(5) Loss of financial support the victim would have supplied to legal dependents had the victim not died or been injured.

(6) Reasonable expenses incurred for funeral, burial, or cremation.

(7) Other actual expenses resulting from the bodily injury or death of the victim, including costs of mental health care, not to exceed one thousand dollars ($1,000), for the immediate family of a homicide or sex crime victim, and any other actual expenses that the division determines reasonable. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-22

(a) The state is subrogated to the rights of the victim to whom an award is granted to the extent of the award.

(b) The subrogation rights are against the perpetrator of the crime or a person liable for the pecuniary loss.

(c) If the victim initiates a civil action against the perpetrator of the crime or against the person liable for the pecuniary loss, the victim shall promptly notify the division of the filing of the civil action. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-23

(a) In addition to the subrogation rights under section 22 of this chapter, the state is entitled to a lien in the amount of the award on a recovery made by or on behalf of the victim.

(b) The state may:

(1) recover the amount under subsection (a) in a separate action; or

(2) intervene in an action brought by or on behalf of the victim.

(c) If the claimant brings the action, the claimant may deduct from the money owed to the state under the lien the state's pro rata share of the reasonable expenses for the court suit, including attorney's fees. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-24

(a) The division shall employ sufficient hearing officers to review each application for an award to carry out this chapter.

(b) Hearing officers must have at least three (3) semesters of legal training at an accredited law school or have equivalent training and experience under standards prescribed by the director. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-25

(a) The division shall review all applications to ensure that the applications are complete.

(b) If an application is not complete, the application shall be returned to the applicant with a brief statement of the additional information required.

(c) The applicant may, not more than thirty (30) days after receipt of the request for additional information, either supply the information or appeal to the director.

(d) The decision of the director is final.

(e) If:

(1) the applicant does not furnish additional information;

(2) additional time is not granted by the director for good cause; or

(3) the applicant does not appeal the request not later than thirty (30) days after the request;

the application shall be denied. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-26

(a) If an application is complete, the division shall accept the application for filing and investigate the facts stated in the application.

(b) As part of the investigation, the division shall verify that:

(1) a violent crime was committed;

(2) the victim was bodily injured or killed as a result of the crime;

(3) the requirements of sections 13, 16(a), 16(b), 17, 18, and 19 of this chapter are met; and

(4) out-of-pocket loss exceeded one hundred dollars ($100). (As added by P.L.47-1993, 2.)

IC 5-2-6.1-27

(a) A hearing officer may hold a hearing concerning the merits of the application to allow any interested person to appear to offer evidence and argument on any issue relevant to the application or to the facts surrounding the bodily injury or death upon which the application is based.

(b) If a hearing is held, the claimant shall be notified in writing by certified mail with return receipt requested fifteen (15) days in advance concerning the date, time, place, and scope of the hearing in accordance with IC 4-21.5-3.

(c) A hearing must be open to the public unless the hearing officer, in consultation with the director, determines that the hearing or a part of the hearing should be held in private in the interest of the victim or society where justice requires. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-28

(a) Not more than ten (10) days after the hearing, the hearing officer shall issue a written determination supported by findings of fact and conclusions of law based on the record from the hearing, the investigation, and the application of the claimant.

(b) Copies of the determination shall be mailed to the claimant at the address given in the application and to the attorney general. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-29

(a) The state or a claimant may appeal the findings of the hearing officer not more than twenty-one (21) days after the date of receipt of the findings by filing a written appeal with the director.

(b) If an appeal is filed, the director shall review the matter and place the appeal on the docket for review by the division. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-30

A proceeding under this chapter must be according to procedures adopted by the division. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-31

The hearing officer may not deny an award without providing the claimant with an opportunity for a hearing. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-32

(a) The division shall reduce an award made under this chapter by the amount of benefits received or to be received from the following sources if those benefits result from or are in any manner attributable to the bodily injury or death upon which the award is based:

(1) Restitution from the offender.

(2) Benefits from a third party on behalf of the offender.

(3) Benefits from public or private pension programs, including Social Security benefits.

(4) Benefits from proceeds of insurance policies.

(5) Benefits under IC 22-3-2 through IC 22-3-6.

(6) Unemployment compensation benefits.

(7) Benefits from other public funds.

Compensation must be further reduced or denied to the extent that the claimant's loss is recouped from other collateral sources.

(b) The division shall determine whether the victim vigorously pursued recovery against available collateral sources described in this section.

(c) If the division finds that a victim has failed to pursue an applicable collateral source of recovery, the division shall reduce or deny an award under this section by the amount that is available to the victim through the collateral source. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-33

If:

(1) an award is made under this chapter; and

(2) the claimant receives a sum required to be deducted under section 32 of this chapter;

the claimant shall refund to the state the amount of overpayment. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-34

(a) In determining the amount of the award, the division shall determine whether the victim contributed to the infliction of the victim's injury or death.

(b) If the division finds that the victim did contribute to the infliction of the victim's injury or death, the division may deny an award in whole or in part depending upon the extent of the victim's contributory conduct.

(c) If the division further finds that the victim's contributory conduct was solely attributable to an effort to:

(1) prevent a crime from occurring in the victim's presence; or

(2) apprehend a person who committed a crime in the victim's presence;

the victim's contributory conduct does not render the victim ineligible for compensation. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-35

(a) An award to a claimant under this chapter:

(1) may not exceed ten thousand dollars ($10,000); and

(2) may not cover the first one hundred dollars ($100) of the claim.

(b) The part of an award covering an unpaid bill shall be made payable jointly to the claimant and to the creditor on that bill. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-36

(a) If:

(1) the division determines that a claimant will suffer severe financial hardship unless an emergency award is made; and

(2) it appears likely that a final award will be made;

an emergency award not to exceed five hundred dollars ($500) may be authorized by the director or the director's designated representative.

(b) The amount of an emergency award is:

(1) deducted from the final award made by the division; and

(2) recoverable from the claimant if no award is made by the division or to the extent that the emergency award exceeds the amount of the final award. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-37

(a) As part of the award the division shall determine any attorney's fees commensurate with services rendered to the claimant.

(b) Attorney's fees must be included in the award but may not exceed any of the following:

(1) Fifteen percent (15%) of the total amount of an award of less than five thousand dollars ($5,000).

(2) Ten percent (10%) of the total amount of an award of at least five thousand dollars ($5,000).

(3) More than ten thousand dollars ($10,000).

(c) An attorney who knowingly contracts for or receives a fee larger than the amount determined by the division:

(1) commits a Class A misdemeanor; and

(2) forfeits the attorney's fee for representing the claimant. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-38

An award made by the division to a claimant is not subject to execution, attachment, garnishment, or other process, except the claim of a creditor to the extent that the costs were included in the award. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-39

(a) If a hospital provides emergency services required under IC 16-21-8 to a rape victim or an alleged rape victim, the hospital shall furnish services to the person without charge and is entitled to be reimbursed for the hospital's costs in providing the services by the division under IC 16-21-8-6.

(b) Costs incurred by a hospital or other emergency medical facility for the examination of the victim of a sex crime (under IC 35-42-4) not covered under IC 16-21-8 or incest (under IC 35-46-1-3), if the examination is performed for the purposes of gathering evidence for possible prosecution, may not be charged to the victim of the crime. The costs shall be treated as local costs and charged to the appropriate local governmental agency as follows:

(1) If the treatment or services are provided at a county or city hospital or hospital district facility, the county shall pay the expenses.

(2) If the treatment or services are provided at a private hospital, the expenses are paid by the county in whose jurisdiction the alleged crime was committed. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-40

The violent crime victims compensation fund is established as a dedicated fund to provide money for the awards provided under this chapter and for reimbursements under IC 16-21-8-6. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-41

The fund consists of amounts deposited under IC 33-19-7-5 and IC 35-50-5-3 and appropriations from the general assembly. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-42

Money in the fund and income derived from money in the fund do not revert to the state general fund at the end of a state fiscal year. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-43

(a) If the division determines that an award from the fund becomes final during a month, the division shall compute the award before the fifteenth day of the following month.

(b) Except as provided in section 44 of this chapter, an award must be paid not more than thirty (30) days after the date on which the award is computed.

(c) Awards must be paid in the order in which the awards become final. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-44

(a) If the fund would be reduced below two hundred fifty thousand dollars ($250,000) by payment in full of all awards that become final in a month, the division shall suspend payment of the claims that become final during the month and the following two (2) months.

(b) At the end of the suspension period the division shall pay the suspended claims. If the fund would be exhausted by payment in full of the suspended claims, the amount paid to each claimant shall be prorated. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-45

The state is not liable for a written determination made by the division under this chapter except to the extent that money is available in the fund on the date the award is computed by the division under this chapter. (As added by P.L.47- 1993, 2.)

IC 5-2-6.1-46

The division shall adopt rules under IC 4-22-2 governing the computation and payment of awards under this chapter and the payment of reimbursements under IC 16-21-8-6. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-47

A claimant convicted of forgery, fraud, or deception in connection with a claim under this chapter forfeits an award paid to the claimant under this chapter. (As added by P.L.47-1993, 2.)

IC 5-2-6.1-48

The division may pay expenses incurred in administering this chapter only from money appropriated for that purpose from the violent crime victims compensation fund. (As added by P.L.47-1993, 2.)

IC 5-2-6.3 Publication of Crime Stories of Accused or Convicted Felons

IC 5-2-6.3-1

As used in this chapter, "division" refers to the victim services division of the Indiana criminal justice institute. (As added by P.L.47-1993, 3.)

IC 5-2-6.3-2

As used in this chapter, "responsible party" means an individual who has been formally charged with or convicted of a felony. (As added by P.L.47-1993, 3.)

IC 5-2-6.3-3

If: (a)

(1) a responsible party derives income or other proceeds directly or indirectly from a felony of which the responsible party has been accused or convicted:

(A) the responsible party; or

(B) any other person that possesses or controls the income or proceeds;

shall transfer ninety percent (90%) of the income or proceeds to the division; and

(2) a person contracts with a responsible party after August 31, 1982, for:

(A) the publication of;

(B) the broadcasting of; or

(C) a speaking engagement in which the responsible party speaks about;

the responsible party's thoughts, feelings, opinions, or emotions regarding a felony of which the responsible party has been accused or convicted, the person shall submit a copy of the contract to the division and shall pay to the division ninety percent (90%) of the money that would otherwise, by terms of the contract, be owed to the responsible party.

(b) The division shall do the following:

(1) Notify:

(A) all victims of the felony for which the responsible party has been accused or convicted; or

(B) if a victim is deceased, the victim's heirs;

that the responsible party has entered into a contract described in subsection (a).

(2) Deposit the money under subsection (a) in a separate interest bearing escrow account.

(3) Only make distributions from the account in accordance with this chapter. (As added by P.L.47-1993, 3. Amended by P.L.60-1995, 1.)

IC 5-2-6.3-4

(a) The responsible party may petition the court before which the responsible party is to be tried or in which the responsible party has been convicted for an order requiring the division to distribute money from the escrow account to the

responsible party in an amount up to the total in the escrow account at the time the petition is filed.

(b) The court shall make an order under subsection (a) only upon a showing that:

(1) without use of the money held in the escrow account, the responsible party would be indigent; and

(2) the money will be used for the exclusive purpose of retaining legal counsel or for investigation during any stage of the felony proceedings against the responsible party, including the appeals process.

(c) Upon receipt of a court order issued under this section, the division shall distribute the required amount from the money in the escrow account. (As added by P.L.47-1993, 3.)

IC 5-2-6.3-5

(a) Subject to subsection (b), if the victim or the victim's heirs receive a damage award as a result of a civil action arising from the felonious act that has been charged, the person awarded the damages may petition the court for an order requiring the division to distribute money to the person from the escrow account.

(b) The court may make an order under subsection (a) only for an amount equal to the amount by which the damage award exceeds the value of the defendant's assets that are in the defendant's possession and that can be taken by the plaintiff to satisfy the damage award. (As added by P.L.47-1993, 3.)

IC 5-2-6.3-6

(a) Subject to subsection (c), if:

(1) the responsible party has been found to be:

(A) guilty;

(B) guilty but mentally ill; or

(C) not responsible by reason of insanity;

for the act of which the party has been accused; and

(2) the responsible party has exhausted all appeals or if the time for appeals has expired;

the division may distribute all money remaining in the escrow account under subsection (b) after the money has been distributed to a victim or the victim's heirs under section 5 of this chapter.

(b) The division shall distribute money remaining in the escrow account in the following priority:

(1) The money shall be distributed to the state or local governmental entity that has incurred or will incur the greatest expense to incarcerate the responsible party in an amount equal to:

(A) the amount of money the entity spent to incarcerate the responsible party; or

(B) the estimated amount of money the entity will spend to incarcerate the responsible party.

(2) If there is any money remaining after the distribution under subdivision (1), the money shall be distributed to any other state or local governmental entity that incurred expenses to incarcerate the responsible party in an amount equal to the amount of money the entity spent to incarcerate the responsible party.

(3) If there is any money remaining after the distribution under subdivision (2), the money shall be distributed to the violent crime victims compensation fund established by IC 5-2-6.1-40.

To receive money distributed under this subsection, a state or local governmental entity must petition the court before which the responsible party is to be tried or in which the responsible party has been convicted for an order requiring the division to distribute money to the entity from the escrow account.

(c) The division may not make the payment under this section unless at least two (2) years have elapsed from the time the responsible party committed the act for which the responsible party has been charged. The division may not make the payment while a civil action arising from the felony is pending. (As added by P.L.47-1993, 3. Amended by P.L.60-1995, 2.)

IC 5-2-6.3-7

(a) Except as provided in subsection (b), if:

(1) a responsible party is found to be not guilty or has had the case against the responsible party dismissed; and

(2) if all periods for appeal by the state have expired;

the division shall distribute all money remaining in the escrow account to the responsible party.

(b) If a responsible party is found to lack the competency necessary to stand trial, the division shall distribute all money remaining in the escrow account to the responsible party if:

(1) the responsible party does not become competent to stand trial within five (5) years after the money is first placed in the escrow account; and

(2) a civil action arising from the felony of which the responsible party is accused is not pending. (As added by P.L.47-1993, 3.)

IC 33-19-6-12 Child Abuse Prevention Fee

In each criminal action in which:

(1) a person is found to have committed the offense of:

(A) murder (IC 35-42-1-1);

(B) causing suicide (IC 35-42-1-2);

(C) voluntary manslaughter (IC 35-42-1-3);

(D) reckless homicide (IC 35-42-1-5);

(E) battery (IC 35-42-2-1);

(F) rape (IC 35-42-4-1);

(G) criminal deviate conduct (IC 35-42-4-2);

(H) child molesting (IC 35-42-4-3);

(I) child exploitation (IC 35-42-4-4);

(J) vicarious sexual gratification (IC 35-42-4-5);

(K) child solicitation (IC 35-42-4-6);

(L) incest (IC 35-46-1-3);

(M) neglect of a dependent (IC 35-46-1-4);

(N) child selling (IC 35-46-1-4); or

(O) child seduction (IC 35-42-4-7); and

(2) the victim of the offense is less than eighteen (18) years of age;

the court shall order the person to pay a child abuse prevention fee of fifty dollars ($50) to the clerk. (As added by P.L.30-1991, 11. Amended by P.L.4-1994, 15.)

IC 33-19-6-13 Domestic Violence Prevention and Treatment Fee

In each criminal action in which:

(1) a person is found to have committed the offense of:

(A) murder (IC 35-42-1-1);

(B) causing suicide (IC 35-42-1-2);

(C) voluntary manslaughter (IC 35-42-1-3);

(D) reckless homicide (IC 35-42-1-5);

(E) battery (IC 35-42-2-1); or

(F) rape (IC 35-42-4-1); and

(2) the victim is a spouse or former spouse of the person who committed an offense under subdivision (1);

the court shall order the person to pay a domestic violence prevention and treatment fee of fifty dollars ($50) to the clerk. (As added by P.L.30-1991, 12. Amended by P.L.4-1994, 16.)