reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6. Indiana Criminal Justice Institute › 5-2-6-4. Board of Trustees; Membership; Terms

Sec. 4. (a) The board of trustees is composed of:
(1) the governor, or the governor's designee, who shall act as chairman;
(2) the attorney general, or the attorney general's designee;
(3) the superintendent of state police, or the superintendent's designee;
(4) the commissioner of the department of correction, or the commissioner's designee;
(5) the executive director of the prosecuting attorneys council;
(6) the chief administrative officer of the office of judicial administration;
(7) the executive director of the public defenders council;
(8) the state public defender;
(9) eight (8) persons who are appointed by and who serve at the pleasure of the governor, including:
(A) one (1) sheriff;
(B) one (1) chief of police;
(C) one (1) judge of a court with both juvenile jurisdiction and general criminal jurisdiction; and
(D) five (5) citizens who have manifested an interest in criminal or juvenile justice, one (1) of whom shall be a member of the state advisory group under the Juvenile Justice Act.
(b) The president pro tempore of the senate, or a senator appointed by the president pro tempore, and the speaker of the house of representatives, or a representative appointed by the speaker, may serve as nonvoting advisors to the trustees.
(c) Trustees appointed by the governor serve an initial three (3) year term and may be reappointed for additional terms. The additional terms may be four (4) years in length.
(d) Membership on the board of trustees does not constitute holding a public office.
As added by P.L.46-1983, SEC.1. Amended by P.L.161-2018, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6. Indiana Criminal Justice Institute › 5-2-6-5. Board of Trustees; Duties; Meetings; Compensation; Research and Information Consortium

Sec. 5. (a) The institute is composed of:
(1) the trustees; and
(2) a research and information consortium.
(b) The trustees shall:
(1) evaluate and disseminate to the public information concerning the cost and effectiveness of the criminal and juvenile justice systems;
(2) promote coordination and cooperation for the effective administration of the criminal and juvenile justice systems;
(3) establish plans for the criminal and juvenile justice systems and make recommendations concerning the implementation of these plans;
(4) encourage and assist in the organization of an academic consortium for the purpose of engaging in research;
(5) receive, expend, and account for state funds made available for the purposes of this chapter;
(6) apply for and accept gifts and grants (which must be administered as public funds) made for the purposes of this chapter;
(7) enter into lawful agreements as required as a condition for receiving gifts, grants, or other funds for the purposes of this chapter;
(8) employ a director;
(9) adopt rules, under IC 4-22-2, necessary to carry out the purposes of this chapter; and
(10) promulgate guidelines concerning participation in the research and information consortium.
(c) The research and information consortium is composed of state educational institutions that are engaged in criminal or juvenile justice research under the direction of the trustees. A state or local governmental entity may participate in the consortium. The consortium shall act as an advisory body to the institute and perform other related functions as requested by the trustees.
(d) The trustees shall meet quarterly and at such times as called by the chairman. A majority of the trustees constitutes a quorum for doing business. A majority vote of the trustees is required for passage of any matter put to a vote. The trustees shall establish procedures and requirements with respect to the place and conduct of their meetings.
(e) A trustee is not entitled to the minimum salary per diem as provided in IC 4-10-11-2.1(b) while performing the trustee's duties. A trustee is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the trustee's duties, as provided in the state travel policies and procedures established by the department of administration and approved by the state budget agency.
As added by P.L.46-1983, SEC.1. Amended by P.L.46-1993, SEC.2; P.L.2-2007, SEC.76; P.L.3-2008, SEC.19; P.L.100-2012, SEC.14.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6. Indiana Criminal Justice Institute › 5-2-6-6. Board of Trustees; Controversies Between Institute and Local Entities; Determination

Sec. 6. The trustees shall make the final determination on any controversy between the institute and any local governmental entity, eligible entity, or entitlement jurisdiction on local program priorities and grants, subject to the procedures and applications for review as required by the Omnibus Act and the Juvenile Justice Act.
As added by P.L.46-1983, SEC.1. Amended by P.L.30-2019, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6. Indiana Criminal Justice Institute › 5-2-6-7. Assistance; Requests by Governor

Sec. 7. The governor may request the assistance of any person, agency, entitlement jurisdiction, eligible entity, local governmental entity, or any state or federal department in order to carry out the purposes of this chapter.
As added by P.L.46-1983, SEC.1. Amended by P.L.30-2019, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6. Indiana Criminal Justice Institute › 5-2-6-8. Criminal, Juvenile Justice, and Research Divisions; Administration; Approval of Official Actions

Sec. 8. (a) The institute has the following four (4) divisions:
(1) The criminal justice division.
(2) The juvenile justice division.
(3) The research division, which may be referred to as the center for criminal justice research and information.
(4) The victim services division.
(b) The chairman of the trustees shall assign each of the trustees to participate in the administration of at least one (1) of the divisions. The chairman shall annually appoint four (4) vice chairmen, each of whom shall preside over a division of the institute.
(c) Each division shall primarily concern itself with:
(1) the operation of the criminal justice system, the juvenile justice system, or criminal justice system related research; or
(2) the provision of victim services.
However, the trustees must approve any official action of the institute unless the trustees authorize a division to act with respect to specific decisions.
As added by P.L.46-1983, SEC.1. Amended by P.L.46-1993, SEC.3; P.L.47-1993, SEC.1; P.L.2-1995, SEC.14.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6. Indiana Criminal Justice Institute › 5-2-6-8.5. Duties; Statewide Nonprofit Domestic Violence Coalition

Sec. 8.5. (a) As used in this section, "division" has the meaning set forth in IC 5-2-6.7-1.
(b) The division shall do the following:
(1) Coordinate and monitor programs that receive funds from the domestic violence prevention and treatment fund under IC 5-2-6.7.
(2) Develop a statewide plan to provide services for the prevention and treatment of domestic violence.
(3) Review and recommend the approval or disapproval of grants or contracts in accordance with IC 5-2-6.7.
(4) Develop and recommend a plan to coordinate funding of domestic violence and sexual assault programs.
(c) Before the division takes any action under subsection (b), the division shall seek input from a statewide nonprofit domestic violence coalition as designated by the United States Department of Health and Human Services under 42 U.S.C. 43 et seq. If a statewide nonprofit domestic violence coalition does not exist, the division may take action under subsection (b) without additional input.
As added by P.L.219-2023, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6. Indiana Criminal Justice Institute › 5-2-6-10. Funds; Disbursement

Sec. 10. The institute may disburse federal and state funds available for the purposes of this chapter to entitlement jurisdictions, eligible entities, or local governmental entities if the jurisdiction or entity:
(1) makes proper application for the funds;
(2) agrees to provide the required matching funds; and
(3) is in compliance with section 10.5 of this chapter.
As added by P.L.46-1983, SEC.1. Amended by P.L.44-2006, SEC.1; P.L.30-2019, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6. Indiana Criminal Justice Institute › 5-2-6-10.5. Deobligation of Funds; Reinstatement or Reallocation of Deobligated Funds; Deobligation for Failure to Report Criminal Data

Sec. 10.5. (a) If an entitlement jurisdiction, eligible entity, or a local government entity:
(1) accepts funds under section 10 of this chapter that the institute has designated as public funds; and
(2) fails to comply with any requirement of the grant or funding;
the institute shall deobligate funds to the entitlement jurisdiction, eligible entity, or local government entity.
(b) If a public official or public agency dealing with crime or criminals or with delinquency or delinquents:
(1) accepts funds under section 10 of this chapter that the institute has designated as public funds; and
(2) fails to comply with its duties under IC 10-13-2-6(a) (data reporting);
the institute may deobligate funds to the public official or public agency.
(c) The institute may reinstate funds under:
(1) subsection (a) if the entitlement jurisdiction, eligible entity, or local government entity complies with the requirements of the grant or funding within six (6) months of the deobligation of funds; or
(2) subsection (b) if the public official or public agency complies with its duties under IC 10-13-2-6(a) within six (6) months of the deobligation of funds.
(d) If:
(1) an entitlement jurisdiction, eligible entity, or a local government entity does not comply with the requirements of the grant or funding within six (6) months of the deobligation of funds; or
(2) a public official or public agency does not comply with its duties under IC 10-13-2-6(a) within six (6) months of the deobligation of funds;
the institute may reallocate the funds.
As added by P.L.44-2006, SEC.2. Amended by P.L.35-2013, SEC.1; P.L.30-2019, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6. Indiana Criminal Justice Institute › 5-2-6-11. Funds; Joint or Cooperative Applications; Agreements

Sec. 11. Any two (2) or more local governmental entities, eligible entities, or entitlement jurisdictions may enter into agreements with one another for joint or cooperative action for the purposes of applying for, receiving, disbursing, allocating, and accounting for grants of funds made available by the United States government under Section 402(a)(5) of the Justice System Improvement Act of 1979, and for any state funds made available for that purpose. Such agreements must include the proportion of the amount of required local funds that shall be supplied by each such local governmental entity, eligible entity, or entitlement jurisdiction. Such agreements may include provisions for the appointment of any officer or employee of one (1) of the units or jurisdictions to serve as the collection and disbursement officer for all of the units.
As added by P.L.46-1983, SEC.1. Amended by P.L.30-2019, SEC.7.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6. Indiana Criminal Justice Institute › 5-2-6-12. Funds; Actions by State for Recovery

Sec. 12. If any local governmental entity, eligible entity, or entitlement jurisdiction fails to appropriate or pay the funds that it agrees to provide in its application for federal or state funds under this chapter, if any person fails to legally disburse or account for funds received under this chapter, or if any person embezzles, misappropriates, conceals, or obtains by fraud funds under this chapter, the institute shall refer the matter to the attorney general. The attorney general may bring suit in the name of the state to recover these funds for the benefit of the state or a local governmental entity, eligible entity, or entitlement jurisdiction.
As added by P.L.46-1983, SEC.1. Amended by P.L.33-1985, SEC.4; P.L.30-2019, SEC.8.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6. Indiana Criminal Justice Institute › 5-2-6-14. Victim and Witness Assistance Fund; Establishment; Source; Use

Sec. 14. (a) The victim and witness assistance fund is established. The institute shall administer the fund. Except as provided in subsection (e), expenditures from the fund may be made only in accordance with appropriations made by the general assembly.
(b) The source of the victim and witness assistance fund is the family violence and victim assistance fund established by IC 5-2-6.8-3.
(c) The institute may use money from the victim and witness assistance fund when awarding a grant or entering into a contract under this chapter, if the money is used for the support of a program in the office of a prosecuting attorney or in a state or local law enforcement agency designed to:
(1) help evaluate the physical, emotional, and personal needs of a victim resulting from a crime, and counsel or refer the victim to those agencies or persons in the community that can provide the services needed;
(2) provide transportation for victims and witnesses of crime to attend proceedings in the case when necessary; or
(3) provide other services to victims or witnesses of crime when necessary to enable them to participate in criminal proceedings without undue hardship or trauma.
(d) Money in the victim and witness assistance fund at the end of a particular fiscal year does not revert to the general fund.
(e) The institute may use money in the fund to:
(1) pay the costs of administering the fund, including expenditures for personnel and data;
(2) support the registration of sex or violent offenders under IC 11-8-8 and the Indiana sex and violent offender registry established under IC 36-2-13-5.5;
(3) provide training for persons to assist victims; and
(4) establish and maintain a victim notification system under IC 11-8-7 if the department of correction establishes the system.
As added by P.L.33-1985, SEC.5. Amended by P.L.36-1990, SEC.1; P.L.1-1994, SEC.15; P.L.11-1994, SEC.6; P.L.56-1998, SEC.5; P.L.116-2002, SEC.6; P.L.64-2005, SEC.2; P.L.140-2006, SEC.3 and P.L.173-2006, SEC.3; P.L.216-2007, SEC.2; P.L.130-2009, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6. Indiana Criminal Justice Institute › 5-2-6-16. Repealed

As added by P.L.39-1991, SEC.1. Amended by P.L.44-2006, SEC.3; P.L.134-2012, SEC.6; P.L.87-2013, SEC.1. Repealed by P.L.7-2016, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6. Indiana Criminal Justice Institute › 5-2-6-19. Repealed

As added by P.L.186-2007, SEC.4. Amended by P.L.180-2014, SEC.2; P.L.111-2018, SEC.1. Repealed by P.L.30-2019, SEC.11.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6. Indiana Criminal Justice Institute › 5-2-6-23. Sexual Assault Victims Assistance Fund

Sec. 23. (a) As used in this section, "division" refers to the victim services division of the Indiana criminal justice institute.
(b) As used in this section, "rape crisis center" means an organization that provides a full continuum of services, including hotlines, victim advocacy, and support services from the onset of the need for services through the completion of healing, to victims of sexual assault.
(c) As used in this section, "trauma informed sexual assault services" refers to:
(1) victim centered care;
(2) acute medical care; or
(3) forensic medical services;
provided by advanced medical providers for trauma sustained as a result of sexual assault. Trauma informed sexual assault services address the physical, psychological, and emotional needs of sexual assault victims for the duration of their lifespan.
(d) The sexual assault victims assistance fund is established within the state general fund. The division shall administer the fund to provide financial assistance for any of the following:
(1) To establish and maintain rape crisis centers.
(2) The enhancement of services provided by existing rape crisis centers.
(3) The development, implementation, and expansion of trauma informed sexual assault services.
(e) Money in the fund shall be distributed by the division. Before making a distribution, the division shall seek direction from a statewide nonprofit sexual assault coalition as designated by the federal Centers for Disease Control and Prevention under 42 U.S.C. 280 et seq. If no statewide nonprofit sexual assault coalition exists, the division may make distributions without seeking direction. The fund consists of:
(1) amounts transferred to the fund from sexual assault victims assistance fees collected under IC 33-37-5-23;
(2) appropriations to the fund from other sources;
(3) grants, gifts, and donations intended for deposit in the fund; and
(4) interest accruing from the money in the fund.
(f) The expenses of administering the fund shall be paid from money in the fund. The division shall designate ten percent (10%) of the appropriation made each year to the statewide nonprofit sexual assault coalition as designated by the federal Centers for Disease Control and Prevention for administration.
(g) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
(h) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
As added by P.L.104-2008, SEC.4. Amended by P.L.1-2009, SEC.15; P.L.7-2015, SEC.4; P.L.77-2016, SEC.1; P.L.30-2019, SEC.14.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6. Indiana Criminal Justice Institute › 5-2-6-25. Human Trafficking Prevention and Victim Assistance Fund

Sec. 25. (a) The human trafficking prevention and victim assistance fund is established for the purpose of providing funds for:
(1) human trafficking victim services; and
(2) human trafficking prevention programs provided by community based organizations.
Money in the fund may be used only to carry out the purposes of the fund.
(b) The fund shall be administered by the institute.
(c) The fund consists of:
(1) money deposited in the fund under IC 32-30-7-24.5;
(2) grants; and
(3) donations.
(d) The expenses of administering the fund shall be paid from money in the fund.
(e) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.
(f) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(g) The state is subrogated to the rights of a victim to whom services are provided, to the extent of the services. The subrogation rights are against the perpetrator of the crime or a person otherwise liable for the loss. If the victim brings a civil action against the perpetrator of the crime or against the person otherwise liable for the loss, the victim shall promptly notify the institute of the filing of the civil action.
(h) In addition to the subrogation rights under subsection (g), the state is entitled to a lien in the amount of the services provided on a recovery made by or on behalf of the victim. The state may:
(1) recover the amount of services in a separate action; or
(2) intervene in an action brought by or on behalf of the victim.
As added by P.L.237-2015, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6. Indiana Criminal Justice Institute › 5-2-6-27. Marion County Violent Crime Reduction Pilot Project Fund

Sec. 27. (a) The Marion County violent crime reduction pilot project fund is established to carry out the purposes of the Marion County violent crime reduction pilot project described in section 26 of this chapter. Money in the fund may be used only to carry out the purposes of the fund.
(b) The fund shall be administered by the Indiana criminal justice institute.
(c) The fund consists of:
(1) appropriations from the general assembly;
(2) other appropriations;
(3) grants; and
(4) donations.
(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.
(e) This section expires December 31, 2027.
As added by P.L.103-2022, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-0.2. Application of Certain Amendments to Predecessor Statute

Sec. 0.2. The amendments made to IC 16-7-3.6-5 (before its repeal, now codified in this chapter) and IC 16-7-3.6-8 (before its repeal, now codified in this chapter) by P.L.351-1989 do not apply to the reimbursement of a claim that arises from a violent crime that occurs before July 1, 1989.
As added by P.L.220-2011, SEC.60. Amended by P.L.63-2012, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-0.5. "Bodily Injury"

Sec. 0.5. As used in section 7 of this chapter, "bodily injury" means:
(1) an impairment of a physical condition;
(2) a visible injury;
(3) physical pain; or
(4) emotional trauma that stems directly from the impairment of a physical condition, a visible injury, or physical pain.
As added by P.L.121-2006, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-1. Claimant

Sec. 1. As used in this chapter, "claimant" means any of the following individuals filing an application for assistance under this chapter:
(1) A victim.
(2) A surviving spouse of a victim.
(3) A legal dependent of a victim.
(4) A family member of a victim.
(5) A personal representative of a victim.
As added by P.L.47-1993, SEC.2. Amended by P.L.98-2022, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-2.5. "Emergency Shelter Care"

Sec. 2.5. As used in this chapter, "emergency shelter care" means housing in a facility having the primary purpose of providing temporary or transitional shelter for the homeless or for a specific population of the homeless.
As added by P.L.121-2006, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-3. Fund

Sec. 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, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-4. Institute

Sec. 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, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-5. Intoxicated

Sec. 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, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-5.5. "Motor Vehicle"

Sec. 5.5. As used in this chapter, "motor vehicle" has the meaning set forth in IC 7.1-1-3-26.3.
As added by P.L.121-2006, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-5.7. Out-of-Pocket Loss

Sec. 5.7. As used in this chapter, "out-of-pocket loss" means an amount equal to the amount of reimbursement payable under IC 27-8-10-3 for each of the types of services and items provided to a victim as a result of the bodily injury or death upon which an application is based.
As added by P.L.129-2009, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-6. Person

Sec. 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, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-6.7. Terrorist Act

Sec. 6.7. As used in this chapter, "terrorist act" means an act that:
(1) involves a violent act that is dangerous to human life;
(2) violates a criminal law of the United States or of any state or that would be a criminal violation if committed within the jurisdiction of the United States or of any state;
(3) appears to be intended to:
(A) intimidate or coerce a civilian population;
(B) influence the policy of a government by intimidation or coercion; or
(C) affect the conduct of a government by assassination or kidnapping; and
(4) occurs primarily outside the territorial jurisdiction of the United States or transcends national boundaries because of the:
(A) means by which the act is accomplished;
(B) persons intended to be intimidated or coerced; or
(C) place in which the person that commits the act operates or seeks asylum.
As added by P.L.36-1997, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-7. Victim

Sec. 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, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-7.5. Victim of a Child Sex Crime

Sec. 7.5. As used in this chapter, "victim of a child sex crime" means an individual who was the victim of:
(1) child molesting (IC 35-42-4-3(a));
(2) vicarious sexual gratification (IC 35-42-4-5);
(3) child solicitation (IC 35-42-4-6);
(4) child seduction (IC 35-42-4-7); or
(5) incest (IC 35-46-1-3);
and was less than eighteen (18) years of age at the time the crime occurred.
As added by P.L.48-2012, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-8. Violent Crime

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).
(E) A crime involving the operation of a motor vehicle if the driver of the motor vehicle was not charged with an offense under IC 9-30-5.
(F) A battery offense included in IC 35-42-2 upon a child less than fourteen (14) years of age.
(G) Child molesting (IC 35-42-4-3).
(H) Child seduction (IC 35-42-4-7).
(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.
(E) A crime involving the operation of a motor vehicle if the driver of the motor vehicle was not charged with an offense under IC 9-30-5.
(3) A terrorist act.
As added by P.L.47-1993, SEC.2. Amended by P.L.36-1997, SEC.3; P.L.129-2009, SEC.2; P.L.48-2012, SEC.4; P.L.238-2015, SEC.1; P.L.65-2016, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-10. Duties of Division

Sec. 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 and post on the division's Internet web site a report of the division's activities on a monthly, quarterly, and annual basis.
As added by P.L.47-1993, SEC.2. Amended by P.L.28-2004, SEC.55; P.L.130-2018, SEC.12.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-11. Powers of Division

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, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-11.5. Confidentiality

Sec. 11.5. A claimant's:
(1) personal information (as defined in IC 9-14-6-6); and
(2) medical records;
are confidential.
As added by P.L.121-2006, SEC.4. Amended by P.L.198-2016, SEC.9.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-12. Persons Eligible for Assistance

Sec. 12. (a) Except as provided in sections 13 and 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, including a foreign country, 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) If a victim died as a result of a violent crime, the victim's:
(A) surviving spouse;
(B) dependent child; or
(C) family member who incurred expenses related to the victimization of the victim.
(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.
(b) A legal dependent who witnesses a violent crime in which the legal dependent's parent or guardian suffers bodily injury or death may be eligible for limited assistance under this chapter, as determined by the division.
As added by P.L.47-1993, SEC.2. Amended by P.L.36-1997, SEC.4; P.L.161-2013, SEC.1; P.L.113-2014, SEC.6; P.L.98-2022, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-13. Participants in Criminal Acts and Prisoners Not Eligible for Benefits; Exceptions; Award of Compensation to Dependents of Violent Criminals

Sec. 13. (a) Subject to subsection (b) and except as provided in subsection (c), 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;
(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;
(3) if the victim profited or would have profited from the criminal act;
(4) if, at the time the injury occurred, the victim was intoxicated and contributed to the commission of an unrelated felony; or
(5) to a claimant who contributed to the injury or death of the victim.
(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.
(c) Benefits may be awarded to a person described in subsection (a)(4) who is the victim of a sex crime under IC 35-42-4, a crime involving domestic or family violence (as defined in IC 35-31.5-2-76), or a crime of domestic violence (as defined in IC 35-31.5-2-78).
As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.5; P.L.114-2012, SEC.11; P.L.98-2022, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-14. Repealed

As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.7. Repealed by P.L.98-2022, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-15. Payment of Funeral, Burial, or Cremation Expenses of Victim

Sec. 15. (a) If a victim of a violent crime dies as a result of the crime, the division may pay the reasonable expenses incurred for funeral, burial, or cremation.
(b) The division shall adopt guidelines to determine when the payment of expenses under subsection (a) is appropriate. In adopting guidelines under this subsection, the division shall consider the availability of other sources of compensation, including township assistance and federal programs.
As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.8; P.L.129-2009, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-16. Applications for Assistance

Sec. 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) Except as provided in subsections (e) and (f), the application must be received by the division 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, and except as provided in subsections (e) and (f), the division may not accept an application that is received 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, through the division's Internet web site, or by first class or 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. Upon receipt of a complete application, the division shall promptly begin the investigation and processing of an application.
(e) An alleged victim of a child sex crime may submit an application to the division until the victim becomes thirty-one (31) years of age or in accordance with subsection (f).
(f) An alleged victim of a child sex crime described in IC 35-41-4-2(e) which meets the requirements of IC 35-41-4-2(p) may submit an application to the division not later than five (5) years after the earliest of the date on which:
(1) the state first discovers evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis;
(2) the state first becomes aware of the existence of a recording (as defined in IC 35-31.5-2-273) that provides evidence sufficient to charge the offender with the offense; or
(3) a person confesses to the offense.
(g) An alleged victim of a battery offense included in IC 35-42-2 upon a child less than fourteen (14) years of age may submit an application to the division not later than five (5) years after the commission of the offense.
As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.9; P.L.48-2012, SEC.5; P.L.238-2015, SEC.2; P.L.65-2016, SEC.2; P.L.31-2020, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-17. Requirements for Compensation

Sec. 17. (a) Except for an alleged victim of a child sex crime, the division may not award compensation under this chapter unless the violent crime was reported to a law enforcement officer not more than seventy-two (72) hours after the occurrence of the crime.
(b) The division may not award compensation under this chapter until:
(1) law enforcement and other records concerning the circumstances of the crime are available; and
(2) any criminal investigation directly related to the crime has been substantially completed.
(c) If the crime involved a motor vehicle, the division may not award compensation under this chapter until an information or indictment alleging the commission of a crime has been filed by a prosecuting attorney.
(d) The division may accept proof that evidence was collected through a forensic exam described in IC 16-21-8 as cooperation with law enforcement, as required by sections 18 and 19 of this chapter.
As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.10; P.L.129-2009, SEC.4; P.L.48-2012, SEC.6; P.L.98-2022, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-18. Denial of Awards for Failure of Claimants to Cooperate With Law Enforcement Officials

Sec. 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, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-19. Forfeit of Awards for Failure of Claimants to Cooperate With Law Enforcement Officials

Sec. 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, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-20. Suspension of Reporting and Cooperation Requirements

Sec. 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, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-21. Compensable Losses

Sec. 21. (a) This section applies to claims filed with the division after December 31, 2005, and before July 1, 2009.
(b) This subsection does not apply to reimbursement for forensic and evidence gathering services provided under section 39 of this chapter.
(c) An award may not be made unless the claimant has incurred an out-of-pocket loss of at least one hundred dollars ($100).
(d) Subject to subsections (b) and (c), 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 that do not exceed the claimant's out-of-pocket loss.
(2) Loss of income the:
(A) victim would have earned had the victim not died or been injured, if the victim was employed at the time of the crime; or
(B) parent, guardian, or custodian of a victim who is less than eighteen (18) years of age incurred by taking time off work to care for the victim.
A claimant seeking reimbursement under this subdivision must provide the division with proof of employment and current wages.
(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) Documented expenses incurred for funeral, burial, or cremation of the victim that do not exceed four thousand dollars ($4,000). The division shall disburse compensation under this subdivision in accordance with guidelines adopted by the division.
(7) Other actual expenses resulting from the bodily injury or death of the victim, including costs of mental health care, not to exceed two thousand dollars ($2,000) for the immediate family of a homicide or sex crime victim, and any other actual expenses that the division determines reasonable.
(e) If a health care provider accepts payment from the division under this chapter, the health care provider may not require the victim to pay a copayment or an additional fee for the provision of services.
(f) A health care provider who seeks compensation from the division under this chapter may not simultaneously seek funding for services provided to a victim from any other source.
As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.11; P.L.129-2009, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-22. Subrogation of Rights; Notice of Civil Actions

Sec. 22. (a) The state is subrogated to the rights of the claimant 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 claimant initiates a civil action against the perpetrator of the crime or against the person liable for the pecuniary loss, the claimant shall promptly notify the division of the filing of the civil action.
As added by P.L.47-1993, SEC.2. Amended by P.L.161-2013, SEC.3; P.L.113-2014, SEC.8.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-23. Liens on Civil Awards; Deductions; Limits

Sec. 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 claimant.
(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 claimant.
(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 of not more than fifteen percent (15%).
As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.12; P.L.161-2013, SEC.4; P.L.113-2014, SEC.9.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-24. Hearing Officers

Sec. 24. The division shall employ sufficient hearing officers to review each application for an award to carry out this chapter.
As added by P.L.47-1993, SEC.2. Amended by P.L.100-2012, SEC.15.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-25. Review of Applications; Additional Information

Sec. 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, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 2. Law Enforcement › Chapter 6.1. Compensation for Victims of Violent Crimes › 5-2-6.1-26. Investigations

Sec. 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 killed or suffered bodily injury 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, SEC.2. Amended by P.L.161-2013, SEC.5; P.L.113-2014, SEC.10.