During the previous legislative session, the Commission received an additional appropriation of $2 million/year over the next biennium to fund “At-Risk Youth and Families.”  

The Commission has approved the general parameters to use the money to fund three projects critical to supporting at-risk youth and families at the state level. Additionally, the Commission has authorized its staff to issue a Request for Proposals (RFP) to fund additional projects at the county level.

The primary goals of these projects are: (1) to create long-term improvements in systems that serve Indiana at-risk youth and families involved with Indiana’s family/child welfare system, the juvenile delinquency system, or both, or (2) to create system improvements that proactively prevent such involvements.

Proposals will be evaluated on a rolling basis. If you have any questions about this request for proposals, contact Derrick Mason. 

At the July meeting, the Commission authorized its staff to release the following proposed changes for public comment:

1) proposed changes to caseload standards; and
2) proposed changes to compensation for public defenders in counties that have no
equivalent deputy prosecutor doing similar work and having similar experience to their public defender counterparts.

THE COMMENT PERIOD HAS BEEN EXTENDED TO NOVEMBER 18

The Commission has hired a new fiscal analyst to manage a project designed to secure new federal funds for Indiana's counties.

As you may know, the Commission has been receiving reimbursement from HUD's Children's Bureau under Title IV-E for a portion of the 40% reimbursement it provides to counties in CHINS/TPR cases. The recently-hired fiscal analyst will reach out to ALL counties (not just those in the Commission's reimbursement system) to assist in securing direct county reimbursement for the county's portion of those expenses.

The Commission looks forward to the opportunities this new funding source will have to augment county public defense budgets. If you have any questions about this project, please reach out to Stephanie Lalani. And, please join us in welcoming Stephanie, who comes with extensive government fiscal management experience, to the team.

In July, the Commission updated Standard E to require any lawyer who qualifies to represent juveniles in juvenile delinquency cases solely because of the attorney’s adult criminal experience, as opposed to prior juvenile representation experience, to also complete at least six hours of training in juvenile delinquency practice in a course approved by the Commission. The proposed standard would also allow an attorney to become qualified for juvenile delinquency Levels 1-4 if the attorney has completed a felony JD trial and the six hours of Commission-approved training.

In this month's Standard Spotlight, we explain the rationale for this requirement.

Commission Makes Proposal to Legislative Interim Study Committee 

As mentioned in the prior newsletter, the General Assembly's Interim Study Committee on Corrections & Criminal Code is studying the following topic:

• Assignment of counsel at the initial hearing in criminal cases, the capacity of the public defender system to provide counsel, and the impact of providing counsel on jail overcrowding

The Commission made a presentation to the committee at its August 26 meeting. The proposal would accomplish two primary goals:

1. Allow, but not require, the Commission to reimburse for misdemeanor expenses at 40%.
2. Allow, but not require, the Commission to reimburse for expenses related to providing counsel at first appearance at 80%.

The proposal is currently being considered by the committee, which will hold its final meeting and act on the proposal on October 26. Click here to view the presentation the Commission made to the committee.

Juvenile Justice Review Phase II Launched

The Commission on Improving the Status of Children in Indiana's Juvenile Justice Reform Task Force met on August 16 to kick off a deep dive into Indiana's youth justice data and a look at the research on what works, with a goal of reaching consensus on legislative and administrative policy changes by Spring 2022. Read the press release and see the task force member list. Commission staff is monitoring this process.

Each year, the Legislative Council, which is composed of the highest-ranking legislative leaders, assigns topics to the General Assembly's Interim Study Committees. These committees are composed of both Senate & the House members along with some lay members. The committees make recommendations and/or endorse legislation for the upcoming legislative session. 

If you have any questions or comments about the Commission's policy work, contact Andrew Cullen. 

At the previous meeting, the Commission appointed or re-appointed the following members to County Public Defender Boards: 

• Eric Spencer, Clinton County
• Ian Forte, Elkhart County
• Robert Little, Jefferson County

At the upcoming meeting, the Commission will consider appointments for expiring terms on the following County Public Defender Boards:

• Knox County
• LaGrange County
• Perry County

If you have any questions or comments about County Public Defender Board appointments, contact Andrew Cullen.

Attorney compensation is among the elements County Public Defender Boards must monitor to ensure compliance. Guidance on this issue is found in the Commission's Standards G, H, and L. 

In this month's Board Training Spotlight, we explain these standards and how they interact based on the type of public defense compensation system each county has selected in its comprehensive plan.