Title 35, TITLE 35. CRIMINAL LAW AND PROCEDURE

Sec. 4. Whenever the court finds that the circumstances which necessitated a transfer under this chapter no longer exist, it shall order the sheriff to return the inmate to the county jail from which he was transferred. As added by Acts 1981, P.L.298, SEC.2.

county Sec. 5. When an inmate is transferred under this chapter, the sheriff of the county from which the inmate is transferred shall be responsible for transporting the inmates to and from the other facility. If the sheriff is unable to adequately protect the inmate during the t…

Sec. 6. When an inmate is transferred under this chapter, the sheriff of the county from which the inmate is received shall deliver with the prisoner a certified copy of the order, a current medical report, if available, and other data relating the proper medical care and classif…

Sec. 7. The department of correction will notify the sheriff of the county and judge of the court from which the inmate was transferred of any subsequent transfer of a prisoner within the department of correction necessary to assure the purposes of the original transfer. As added…

Sec. 8. Prisoners serving a sentence after a conviction and transfer to the department or other receiving institution may be assigned to any program or work consistent with procedures and requirements for other prisoners committed to the department or other receiving institution.…

Sec. 9. Prisoners awaiting trial may be allowed to work or be assigned to programs consistent with the rights regarding prisoners awaiting trial. As added by Acts 1981, P.L.298, SEC.2.

Sec. 1. As used in this chapter, "laboratory report" means a written report or affidavit relating to the results of a scientific test that is prepared for use at trial or to assist in a law enforcement investigation. As added by P.L.44-2012, SEC.1.

Sec. 2. If the prosecuting attorney intends to introduce a laboratory report as evidence in a criminal trial, the prosecuting attorney must file a notice of intent to introduce the laboratory report not later than twenty (20) days before the trial date, unless the court establish…

Sec. 3. If the defendant wishes for the person who prepared the laboratory report to be present at the trial for cross-examination, the defendant must file a demand for cross-examination not later than ten (10) days after the defendant receives the notice filed under section 2 of…

Sec. 4. If the prosecuting attorney does not comply with section 2 of this chapter, the prosecuting attorney may not introduce the laboratory report into evidence without the testimony of the person who conducted the test and prepared the laboratory report. As added by P.L.44-201…

Sec. 5. If the prosecuting attorney complies with section 2 of this chapter and the defendant does not comply with section 3 of this chapter, the defendant waives the right to confront and cross-examine the person who prepared the laboratory report. As added by P.L.44-2012, SEC.1…

Sec. 1. It is at the victim's discretion to exercise the victim's rights under this article to be present and to be heard at court proceedings, and the absence of the victim at a court proceeding does not preclude the court from holding the proceeding. As added by P.L.139-1999, S…

Sec. 2. Except as provided in section 3 of this chapter, a victim's right to be heard may be exercised, at the victim's discretion, through an oral statement, submission of a written statement, or submission of a statement through audiotape or videotape. As added by P.L.139-1999,…

Sec. 3. If a victim is in custody for committing or allegedly committing an offense, the victim may be heard by submitting a written statement to the court. As added by P.L.139-1999, SEC.1.

Sec. 1. A court may appoint a court appointed forensic advocate at any time to assist a person with an intellectual disability, a developmental disability, or an autism spectrum disorder who has been charged with a criminal offense. As added by P.L.187-2015, SEC.46.

Sec. 10. If the court orders the person with an intellectual disability, a developmental disability, or an autism spectrum disorder to pay a user fee under this chapter, the program or the individual shall report to the court the receipt of payment not later than thirty (30) days…

Sec. 2. A court appointed forensic advocate shall assist the person with an intellectual disability, a developmental disability, or an autism spectrum disorder to whom the advocate has been appointed. As added by P.L.187-2015, SEC.46.

Sec. 3. A court appointed forensic advocate may recommend to the court treatment programs and other services that may reduce recidivism and are available to the person with an intellectual disability, a developmental disability, or an autism spectrum disorder. As added by P.L.187…

Sec. 4. A court appointed forensic advocate serves until the court enters an order for removal. As added by P.L.187-2015, SEC.46.

Sec. 5. The court appointed forensic advocate is considered an officer of the court for the purpose of assisting the person with an intellectual disability, a developmental disability, or an autism spectrum disorder. As added by P.L.187-2015, SEC.46.

Sec. 6. A court appointed forensic advocate appointed by a court under this chapter may continue to assist the person with an intellectual disability, a developmental disability, or an autism spectrum disorder while the person is undergoing treatment or serving the person's sente…

Sec. 7. Except for gross misconduct: (1) a court appointed forensic advocate; (2) an employee of a county court appointed forensic advocate program; and (3) a volunteer for a court appointed forensic advocate program; who performs in good faith duties relating to assistance of a …

Sec. 8. The court may order the person assisted by the court appointed forensic advocate to pay a user fee to the: (1) court appointed forensic advocate program; or (2) individual who served as a court appointed forensic advocate; for the services provided under this chapter. As …

Sec. 9. The court shall establish one (1) of the following procedures to be used to collect the user fee: (1) The court may order the person with an intellectual disability, a developmental disability, or an autism spectrum disorder to pay the user fee to the court appointed fore…

Sec. 1. (a) This section applies if: (1) the victim is an individual; (2) the victim is incompetent, deceased, less than eighteen (18) years of age, or otherwise incapable of receiving or understanding a notice or consultation required under this article; and (3) a person has not…

Sec. 2. (a) This section applies if the victim is an entity other than an individual. (b) A notice or consultation required under this article may be performed by notifying or consulting with a responsible officer or agent of the entity. As added by P.L.139-1999, SEC.1.

Sec. 3. (a) This section applies if the victim is a partnership. (b) A notice or consultation required under this article may be performed by notifying or consulting with at least one (1) partner. As added by P.L.139-1999, SEC.1.

Sec. 4. (a) This section applies if the victim is an entity other than an individual. (b) A request for notice under IC 35-40-10 must identify the name, electronic mail address, and mailing address of the person who is to receive notices and consultations on behalf of the entity.…

Sec. 5. (a) This section applies if there are multiple victims that are entitled to notices or consultations under this article. (b) The prosecuting attorney for the county in which the crime occurred may adopt procedures that afford to a group of victims the rights afforded by t…

designation of representative Sec. 1. (a) If a victim is physically or emotionally unable to exercise any right but is able to designate a lawful representative who is not a bona fide witness, the designated person may exercise the same rights that the victim is entitled to exerc…

Sec. 2. If a victim is incompetent, deceased, or otherwise incapable of designating another person to act in the victim's place, the court may appoint, upon request of the prosecuting attorney, a lawful representative who is not a witness. As added by P.L.139-1999, SEC.1.

Sec. 3. If the victim is a minor, the victim's parents or legal guardian may exercise all of the victim's rights on behalf of the victim. As added by P.L.139-1999, SEC.1.

Sec. 4. If section 3 of this chapter does not apply, the court shall consider appointing a relative of the incompetent, deceased, or otherwise incapable victim as the lawful representative. As added by P.L.139-1999, SEC.1.

Sec. 5. The court shall consider the following guidelines in appointing a person to represent an incompetent or deceased victim: (1) Any conflict occasioned by the allegation of criminal conduct that substantially or adversely affected the person. (2) The person's willingness and…

Sec. 1. There is established in each county a county extradition and sheriff's assistance fund. As added by P.L.355-1989(ss), SEC.15. Amended by P.L.42-2013, SEC.2.

Sec. 2. The county extradition and sheriff's assistance fund is established for the following purposes: (1) Providing funding to offset the costs of extraditing criminal defendants. (2) Providing funding to train and equip law enforcement officers in the county. (3) Providing fun…

Sec. 3. The county auditor shall administer the fund. As added by P.L.355-1989(ss), SEC.15.

Sec. 4. Money in the fund at the end of a particular calendar year does not revert to any other fund, but remains in the county extradition and sheriff's assistance fund. As added by P.L.355-1989(ss), SEC.15. Amended by P.L.168-2014, SEC.53.

Sec. 5. The fund consists of the portion of late surrender fees deposited in the fund under IC 27-10-2-12(i). As added by P.L.355-1989(ss), SEC.15.

Sec. 1. As used in this chapter, "identity theft" means: (1) identity deception (IC 35-43-5-3.5); or (2) synthetic identity deception (IC 35-43-5-3.8) (before its repeal). As added by P.L.137-2009, SEC.11. Amended by P.L.142-2020, SEC.62; P.L.174-2021, SEC.41.

Sec. 2. As used in this chapter, "unit" refers to the identity theft unit established under IC 4-6-13-2. As added by P.L.137-2009, SEC.11.

Sec. 3. (a) A person who has learned or reasonably suspects that the person has been the victim of identity theft may contact the local law enforcement agency that has jurisdiction over the person's residence. The local law enforcement agency shall take an official report of the …

Sec. 4. (a) A person who is injured by a crime of identity theft or who has filed a police report alleging commission of an offense of identity theft may file an application with the court in the jurisdiction where the person resides for the issuance of a court order declaring th…

Sec. 1. (a) This chapter does not apply to the death of a person: (1) under the care of a physician; or (2) if the person's death may be the result of medical malpractice. (b) This chapter does not affect the authority of the state police department to conduct a new investigation…

investigation into an uncharged death Sec. 2. An immediate family member: (1) of a person whose death is an uncharged death; and (2) who has reasonable suspicion that the uncharged death was caused by the criminal act of a third person; has the right to request the superintendent…

Sec. 3. (a) An immediate family member who wishes the state police department to conduct a new investigation as described in section 2 of this chapter must: (1) request the new investigation in writing; (2) describe the immediate family member's relationship to the deceased; (3) …

Sec. 4. (a) Upon receipt of a request for a new investigation, the superintendent of the state police department shall, as soon as practicable, review the written request and, if warranted, conduct any further investigation. (b) If the state police department assisted the local l…

Sec. 5. A coroner and a local law enforcement agency shall, upon request by the superintendent of the state police department, exchange information with, cooperate with, and assist the state police department in reviewing the request and, if applicable, conducting the new investi…

Sec. 6. (a) An immediate family member is only entitled to request a new investigation under this chapter if the earlier investigation resulted in an uncharged death. An immediate family member is not entitled to request a new investigation under this chapter because the family m…

Sec. 1. This chapter applies to adult offenders and to juveniles who have committed a delinquent act that would be a crime if committed by an adult. As added by P.L.98-1988, SEC.6.