IC 10-13-2
Chapter 2. Criminal Justice Data Division
IC 10-13-2-1
"Division"
Sec. 1. As used in this chapter, "division" refers to the criminal
justice data division established by section 2 of this chapter.
As added by P.L.2-2003, SEC.4.
IC 10-13-2-2
Establishment
Sec. 2. (a) The criminal justice data division is established within
the department.
(b) The division is under the administrative control and
jurisdiction of the superintendent.
(c) The superintendent may:
(1) staff the division with personnel necessary for its efficient
operation; and
(2) adopt rules to carry out the purposes of this chapter.
As added by P.L.2-2003, SEC.4.
IC 10-13-2-3
Storage and retrieval of criminal justice data; consultants
Sec. 3. (a) The division shall use the most current equipment,
methods, and systems for the rapid storage and retrieval of criminal
justice data necessary for an effective criminal justice system within
Indiana.
(b) The superintendent may hire consultants to advise the
superintendent in the most efficient means of establishing, funding,
and maintaining the criminal justice data system with the ultimate
purpose of extending the services and benefits of the system to all
governmental agencies of the state and its political subdivisions
having a need for the data.
As added by P.L.2-2003, SEC.4.
IC 10-13-2-4
Purpose
Sec. 4. The division shall be organized and administered to fulfill
the following purposes:
(1) To inform the public and responsible governmental officials
as to the nature of the crime problem, its magnitude, and its
trend over time.
(2) To measure the effects of prevention and deterrence
programs, ranging from community action to police patrol.
(3) To find out who commits crimes by age, sex, family status,
income, ethnic and residential background, and other social
attributes, to find the proper focus of crime prevention
programs.
(4) To measure the workload and effectiveness of all agencies
of the criminal justice system, both individually and as an
integrated system.
(5) To analyze the factors contributing to success and failure of
probation, parole, and other correctional alternatives for various
kinds of offenders.
(6) To provide criminal justice agencies with comparative
norms of performance.
(7) To furnish baseline data for research.
(8) To compute the costs of crime in terms of economic injury
inflicted upon communities and individuals, as well as to assess
the direct public expenditures by criminal justice agencies.
(9) To project expected crime rates and their consequences into
the future for more enlightened government planning.
As added by P.L.2-2003, SEC.4.
IC 10-13-2-5
Duties
Sec. 5. (a) The division, under the supervision and direction of the
superintendent and in accordance with the rules adopted under this
chapter, shall do the following:
(1) Collect data necessary for the accomplishment of the
purposes of this chapter from all persons and agencies
mentioned in section 6 of this chapter.
(2) Prepare and distribute to all the persons and agencies the
forms to be used in reporting data to the division. The forms
also must provide for items of information needed by federal
bureaus, agencies, or departments engaged in the development
of national criminal statistics.
(3) Prescribe the form and content of records to be kept by the
persons and agencies to ensure the correct reporting of data to
the division.
(4) Instruct the persons and agencies in the installation,
maintenance, and use of records and equipment and in the
manner of reporting to the division.
(5) Tabulate, analyze, and interpret the data collected.
(6) Supply data, upon request, to federal bureaus, agencies, or
departments engaged in collecting and analyzing national
criminal statistics.
(7) Present the following to the governor:
(A) Before July 1 of each year, a printed report containing
the criminal statistics of the preceding calendar year.
(B) At other times the superintendent considers necessary or
the governor requests, reports on public aspects of criminal
statistics in a sufficiently general distribution for public
enlightenment.
(b) The division may not obtain data under this chapter except that
which is a public record, and all laws regulating privacy or restricting
use of the data apply to any data collected.
(c) The division may accept data and reports from agencies other
than those required to report under this chapter if the data and reports
are consistent with the purposes of this chapter.
As added by P.L.2-2003, SEC.4. Amended by P.L.97-2004, SEC.41.
IC 10-13-2-6
Public officials; cooperation with division
Sec. 6. (a) If requested by the division, a public official or public
agency dealing with crime or criminals or with delinquency or
delinquents shall do the following:
(1) Install and maintain records needed for reporting data
required by the division.
(2) Report to the division, as and when prescribed, all data
requested.
(3) Give the accredited agents of the division access to the
records for the purpose of inspection.
(4) Cooperate with the division to the end that its duties may be
properly performed.
(b) An official required under this chapter to furnish reports,
information, or statistics to the criminal justice data division or a
person employed by the official is not liable in any action arising out
of having furnished the information in a manner as may be required
by this chapter or the rules adopted under this chapter.
As added by P.L.2-2003, SEC.4.
IC 10-13-2-7
Equipment methods and systems; compatibility
Sec. 7. As far as is practicable, the equipment methods and
systems used by the criminal justice data division must be compatible
with those used by similar agencies in other states and the federal
government so that data necessary for interstate, national, and
international criminal justice is readily available.
As added by P.L.2-2003, SEC.4.
IC 10-13-2-8
Commission and advisory council; planning agency
Sec. 8. In the administration of the division, the superintendent
shall have the advice and assistance of the criminal justice
commission and advisory council and the criminal justice planning
agency.
As added by P.L.2-2003, SEC.4.
IC 10-13-2-9
Adoption of rules
Sec. 9. (a) The superintendent shall adopt rules necessary to
accomplish the purposes of this chapter.
(b) In formulating the rules, the superintendent shall have the
advice and assistance of the criminal justice advisory committee
established by section 10 of this chapter.
As added by P.L.2-2003, SEC.4.
IC 10-13-2-10
Criminal justice advisory committee; composition; meetings
Sec. 10. (a) The criminal justice advisory committee is
established.
(b) The committee consists of the following persons or their
designated representatives:
(1) The superintendent, who shall act as chairman.
(2) The attorney general.
(3) The executive director of the criminal justice planning
agency.
(4) The commissioner of corrections.
(5) One (1) county sheriff serving in the sheriff's second or
subsequent term of office.
(6) One (1) chief of police with at least two (2) years of
experience as chief.
(7) One (1) prosecuting attorney in the prosecuting attorney's
second or subsequent term of office.
(8) One (1) judge of a court of general criminal jurisdiction.
(9) The executive director of the law enforcement training
academy.
(10) A criminologist or forensic scientist.
(c) A member of the committee:
(1) must be appointed by the governor on a nonpartisan basis;
and
(2) shall serve at the pleasure of the governor.
(d) A member of the committee serves without compensation
except per diem as provided by law.
(e) The committee shall meet as often as is considered necessary
by the superintendent to formulate or revise rules for the statewide
operation of the criminal justice data division.
As added by P.L.2-2003, SEC.4.
IC 10-13-2-11
Reports and analyses
Sec. 11. The division shall, within the limits of time and
manpower, comply with all reasonable requests for periodic reports
and analysis of data as may be made by any officer or agency
required to report data that is necessary for the proper performance
of the duties of the officer or agency.
As added by P.L.2-2003, SEC.4.
IC 10-13-2-12
Intent of chapter; violations; penalties
Sec. 12. (a) It is the intent of the general assembly in enacting this
chapter to provide information and data with reference to the total
criminal justice system that will be equally beneficial to all officers,
agencies, and components of the criminal justice system to better
perform their respective duties for the overall improvement of
criminal justice. Rules adopted under this chapter shall be drafted to
express this intent.
(b) If a public official:
(1) is required by the rules to report to the division; and
(2) fails to comply with:
(A) the requests of the superintendent for information or
data; or
(B) the rules governing records and systems and equipment
and their maintenance;
the director of the criminal justice planning agency may deny the
public official the benefits of the system until the public official
complies with the rules.
(c) An official who knowingly, intentionally, or recklessly makes
a false return of information to the division commits a Class A
misdemeanor.
As added by P.L.2-2003, SEC.4. Amended by P.L.115-2003, SEC.10.
IC 10-13-2-13
Access to information in criminal justice information system
Sec. 13. Subject to policies adopted by the superintendent
concerning the disclosure of law enforcement records, the division
shall provide access to information in any criminal justice
information system that is used to locate an individual for purposes
relating to law enforcement to:
(1) the child support bureau; or
(2) a prosecuting attorney, private attorney, or private entity
operating under an agreement or contract described in
IC 31-25-4-13.1.
As added by P.L.80-2010, SEC.14.