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Senators consider funds for county prosecutors, eliminating rape kit backlog
Senators consider funds for county prosecutors, eliminating rape kit backlog

Yahoo

time12-03-2025

  • Politics
  • Yahoo

Senators consider funds for county prosecutors, eliminating rape kit backlog

Rep. Becky Cash, R-Zionsville, testifies on the rape kit backlog before a committee on March 11, 2025. (Whitney Downard/Indiana Capital Chronicle) State involvement in local investigations took center stage, with senators contemplating bills that sought to eliminate the state's backlog of rape kits as well as an effort that could help counties with legal costs but erode local prosecutor discretion. Neither bill advanced Tuesday because amendments are still being drafted. Rep. Becky Cash, who authored House Bill 1413, said there was a six- to eight-month wait for rape kit processing in Indiana, which crime technicians and law enforcement attributed to the lack of equipment and staff. Sexual assault survivors urge lawmakers to end statute of limitations, codify 'bill of rights' 'The money would specifically go through the Indiana State Police, who will be the ones to handle the grant, and to the already existing Indiana crime labs,' said Cash, R-Zionsville. 'Right now, the backlog is about 600-800 kits. Several years ago, there was a grant from the federal government that actually took our backlog that was in the thousands … down to where we're at now. 'So we've made enormous progress.' These kits in the backlog are ones that don't have a police report attached, Cash said, meaning they aren't required to be tested under state law. Dollars from the newly created fund could go toward salaries for technicians in the highly competitive field, equipment purchases and hiring, Cash said. The fund can also accept donations and grants. The bill also gives investigators a processing deadline: Jan. 1, 2027. By Nov. 1 of each year, the state police shall report on the fund to the General Assembly. The committee's chair, Sen. Aaron Freeman, said that both bills would be held back for amendments and voted on in a later meeting. Tackling the rape kit backlog and increasing prosecutorial oversight would require the state to spend dollars in a tight budget session. In the House, the budget-drafting committee created a line item to fund Cash's effort, which would appropriate $2.5 million. House Bill 1006 could potentially cost up to $19.5 million annually, depending on county requests for assistance. Neither bill got any pushback in testimony, though senators questioned the specifics surrounding both efforts. Freeman, the Senate sponsor of House Bill 1006, said the bill created a special prosecutor unit with an associated fund, which proponents hope will address the state's attorney shortage. Under House Bill 1006, counties could be partially reimbursed for deputy prosecutors, administrative expenses and public defenders. 'I think there's no more fundamental duty of government than to adequately fund our frontline prosecutors and those that are keeping us safe,' said Freeman, R-Indianapolis. He pitched the unit as one that could assist smaller counties after crimes like the 2017 double homicide of Abigail Williams and Liberty German in Delphi, Indiana. '… God bless some of our smaller counties, but when you get into some of those smaller counties and a horrendous crime is committed, it is a serious strain. Not only on budgets, but on the manpower and the expertise and skill of that prosecutor's office and the public defenders,' Freeman said. 'I don't see this as some 'super' prosecutor's office that's going to sweep in and take over … but I do see the need for some supplemental help in situations like that.' A future amendment could put some guardrails on the number of deputy prosecutors that could be funded for specific counties. But the most controversial portion of the bill would create a review board for noncompliant prosecutors that would target elected officials who decline to prosecute certain laws. Past efforts have specifically cited the actions of Marion County Prosecutor Ryan Mears, a Democrat, who has said his office won't criminally prosecute possession of one ounce or less of marijuana and won't 'waste one resource' prosecuting women or medical professionals involved in abortion cases. Courtney Curtis, the assistant executive director of the Indiana Prosecuting Attorneys Council, said her organization supported the bill, but 'we do not feel that there should be a prosecutor review board.' 'But if there is going to be one, we would like to be the ones to do it and feel like we would be the ones to do it best,' Curtis said. IPAC would run the special prosecutor unit and determine if a county has a noncompliant prosecuting attorney. This isn't the state's — or even Freeman's — first attempt to pass a law concerning noncompliant attorneys. The bulk of Curtis's testimony focused on the beleaguered attorney workforce and how the proposal could shore up low government salaries. Roughly 800 prosecuting attorneys are doing the work of 1,200, Curtis said, and while some turnover was expected, 'we don't have enough new people coming in.' 'There are very few people who go to law school thinking, 'I'm going to be a prosecutor or public defender.' And even fewer who leave and graduate and are still going to do that goal,' Curtis said. 'When you're a prosecutor, it's very heavy work emotionally. You encounter people who are in the worst times of their lives.' '… not everybody's cut out for it.' But the work can't stop simply because there's a shortage of prosecutors. Curtis said that while crime is down nationwide, violent crime has ticked up in Indiana, especially legally intensive cases like murder. 'There comes a time when it's too much work for the amount of money (prosecutors) currently make,' Curtis said. The mean salary for a deputy prosecutor is $89,514, according to the bill's fiscal note, while a privately employed attorney can make thousands more. However, prosecutors are singled out for a special retirement fund while public defenders are in the same fund as other state employees. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX

Hailing simple, positive measures in the General Assembly that can make a difference
Hailing simple, positive measures in the General Assembly that can make a difference

Yahoo

time07-03-2025

  • Politics
  • Yahoo

Hailing simple, positive measures in the General Assembly that can make a difference

Looking back at some less heralded but important bills. (Whitney Downard/Indiana Capital Chronicle) Sometimes the best bills are straightforward and don't carry divisive baggage. That means they also don't get enough attention. So, I want to highlight some great legislation moving through the General Assembly. The first would eliminate a backlog of untested rape kits in Indiana by providing additional funding. This one is a no-brainer. The fact that women out there were raped, and the state just lets their case languish is frankly appalling. These women deserve justice and closure. House Bill 1413 would disperse $2.5 million to law enforcement agencies to process their backlog of untested rape kits, according to the Indianapolis Star. The money will pay for equipment that's sorely needed in the state's crime labs. The insufficient amount of equipment has led to the current six- to eight-month delay in testing, according to the bill's author, Rep. Becky Cash, R-Zionsville. The current proposed state budget includes the money, and my hope is the Senate agrees to keep it in. Also in the budget is a sales tax exemption for feminine hygiene products and adult diapers. The cost to state coffers is about $11 million but these are necessary items people need — just like food — and should not be taxed. And speaking of taxes, a newborn tax credit is a welcome move by lawmakers. Senate Bill 497, from Sen. Greg Walker, would provide a tax credit of up to $500 per newborn child. Eligible taxpayers would have an Indiana adjusted gross income at or below 720% of the federal poverty level. That is about $112,000 for a single person; about $152,000 for a family of two and about $231 for a family of four. A fiscal impact statement said each year, approximately 80,000 babies are born in Indiana, and around 3,000 adoptions are finalized. There are bills moving in both chambers that would exempt testing strips from drug paraphernalia statutes. Senate Bill 312 and House Bill 1167 both would allow Hoosiers to use items marketed to detect the presence of a drug or controlled substance, including field test kits and test strips. House Bill 1167's author, Rep. Jennifer Meltzer, said the strips can detect dangerous substances like fentanyl and xylazine. She said local health departments, nonprofit groups and others are distributing test strips to Hoosiers in active addiction, helping them avoid potentially lethal overdoses. Meltzer reintroduced the bill after it failed last year. This bill will save lives. Another bill would provide much-needed oversight on the Indiana Economic Development Corporation. CONTACT US Senate Bill 516 would require the quasi-public agency to tell local units of government about acquisitions of more than 100 acres — whether it's bought in one or multiple transactions — at least 30 days before those purchases close. This comes after the IEDC snapped up thousands of acres in Boone County for a massive innovation park before locals knew what was happening. The bill from Sen. Brian Buchanan also tasks the IEDC and the executives of communities that host innovation development districts — like one within LEAP — with annually compiling reports about the districts' activities over the last calendar year. The more transparent these projects, the more Hoosiers will be comfortable with them. And the last bill I will highlight is perhaps not one that is necessary but welcome — easing restrictions on wine delivery. Senate Bill 107 would allow Indiana's wine dealers to deliver wine directly to customers and would create an opportunity for gourmet wine businesses to deliver wine directly to a consumer's home or office. 'The luxury of convenience that was introduced as a necessity by the COVID-19 pandemic delivery services should be a luxury that is here to stay for customers and businesses alike,' said Sen. Ron Alting. 'SB 107 paves the way for wine dealers to deliver directly to customers, creating an equal chance for growth alongside liquor and beer vendors.' This list should show Hoosiers that most of the bills passed in the General Assembly are bipartisan in nature and helpful to Hoosiers. And I say cheers to that! SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX

Indiana lawmakers revisit requirement for cameras in special education classrooms
Indiana lawmakers revisit requirement for cameras in special education classrooms

Yahoo

time06-02-2025

  • Politics
  • Yahoo

Indiana lawmakers revisit requirement for cameras in special education classrooms

A bill pending in the House Education Committee seeks to require camera surveillance of Indiana special education classrooms. (Getty Images) Should Indiana's special education classrooms be equipped with round-the-clock video surveillance? Parents said the move would help protect kids and keep them informed of behavioral incidents. District administrators aren't opposed — but only if the state foots the bill. Educators, meanwhile, have been less receptive and maintain that increased staff training will better ensure student safety. Discourse swirled around House Bill 1285 on Wednesday in the House Education Committee, though it's not clear what if any action lawmakers might take next. The legislation, authored by Rep. Becky Cash, R-Zionsville, seeks to make several changes to special education practices, including a new requirement for schools to have electronic recording equipment in special education classrooms, sensory rooms, seclusion spaces and time-out areas. Schools would also be mandated to have at least one trained behavioral interventionist on the grounds at all times who can 'respond to instances where de-escalation is needed.' That person would need to be available to quickly assist with student 'meltdowns,' for example. And while the bill additionally creates a grant fund to help schools purchase cameras and meet other proposed requirements, no state money has been earmarked. Any taxpayer appropriation for the fund would have to be approved by House budget regulators. Fitting new funds in Indiana's next two-year spending plan is already more challenging this session than in previous years, as state revenues are projected to be much tighter. Without guaranteed dollars, critics worried the bill would create an unfunded mandate. 'The intent is good, but the fiscal implication is significant,' said Bob Taylor, executive director of the Indiana Association of Public School Superintendents. He also spoke on behalf of the Indiana Association of School Board Officials. 'Not only do we have the issue of the hardware and the cameras — and many schools have those already, because it is good practice — but there are schools that do not have those,' he continued. 'You can't go to Costco and buy a Ring camera and put it in a classroom.' Taylor noted the cost of video storage, too. According to the bill, schools would be required to store at least 90 days of recorded footage so it can be reviewed at parents' request. He pointed to an unnamed Indianapolis school corporation that estimated such security installation costs at roughly $327,000 last year. That quote did not include expenses that some districts might be burdened with if staff have to be hired and trained to manage the security system, Taylor said. A legislative fiscal analysis did not estimate the statewide financial impact of the bill but expected digital video camera purchases to increase school expenditures by $2,000 to $10,000 per classroom, depending on the recording equipment installed. The intent is good, but the fiscal implication is significant. – Bob Taylor, executive director of the Indiana Association of Public School Superintendents 'We are not opposed in any way, shape or form, to transparency,' he added. 'But without specifics, I don't believe I can be where you want me to be.' David Marcotte, executive director of the Indiana Urban Schools Association, further emphasized that while many member districts already have 'numerous cameras' in hallways and common areas, additional cameras 'could require additional storage devices or upgraded servers' — which comes at a cost. He made clear the urban schools association would be supportive if the legislature fully funds the grant program included in the bill. Caution was also stressed about student privacy. 'Sharing videos of students must be done with caution and in alignment with legal requirements,' said Cindy Long, representing the Indiana Association of School Principals. 'We would want to very carefully work through how a classroom video might be shared with a specific parent when other students are easily identifiable in that video.' Other testifiers raised concerns about the necessity and cost of editing such videos to ensure only one parent's special education student would be visible in requested footage. Regarding the behavioral interventionist provision, Long said mandating their presence 'in every school could present practical difficulties, while also impacting our funding.' 'Schools could train an existing staff person to serve in this role, as the bill outlines … but it would be very difficult for a current employee to take over that feasibility of being available at all times,' she said. Cash, who is a parent of several children with disabilities, successfully pitched a related bill last year that bars Indiana schools from temporarily removing a student from instruction — and subsequently placing them in a 'time-out' isolation — except as a last resort and in situations where safety is at risk. Similar language in the 2024 legislation to require cameras in special education classrooms was ultimately stripped out. Jill Lambert with the Indiana Council of Administrators of Special Education said her group continues to be opposed to classroom surveillance. 'Restraint and seclusion policies and procedures are required to protect all students in all settings, not just students with the most significant disabilities. … However, this is not a pervasive issue regarding sweeping legislation for the entire state,' Lambert said. 'The current process in place is working in the vast majority of school districts.' It's unfair, she continued, for only teachers and staff of the most severe, 'highest-need' special education students to be 'under this level of scrutiny, when other special education and general ed colleagues are not.' Lambert said it's already 'increasingly more difficult to recruit and retain high quality staff' to serve in special education roles. Nearly 300 such jobs around the state remain vacant. 'Placing another mandate on them to be recorded over the course of an entire school day as yet another barrier schools will have to overcome during the hiring process,' she said. Lambert suggested for state lawmakers to instead focus 'on adequate training and support for staff members,' and emphasizing 'continued documentation and debriefing of incidents that occur.' Across the hall, the Senate education committee advanced a separate bill that would require any instruction and learning materials used to teach 'human sexuality' for grades 4-12 be approved by the school board. The materials would also have to be publicly posted on each school's website. Republican Sen. Gary Byrne, the bill's author, maintained that his proposal 'will just help parents better decide whether they want their child to opt out or not' from sex education instruction. 'We all know conversations on sex ed are more sensitive than other subjects because families have different values and different ideals about what is appropriate to talk about — and when it's appropriate to talk to their child, or for them to hear about it,' said Byrne, of Byrneville. He resisted attempts by Democrats to more specifically define what does — or does not — constitute sex education in state law. The introduction of sex education usually starts in the fourth grade, according to state guidelines. But Indiana does not require the course in schools. Instead, it only mandates that schools teach lessons on HIV and AIDS. Schools that do teach sex education are expected to focus on abstinence. Even so, Indiana parents already have the right to remove their child from sex education classes. Currently, school boards also have the authority to review and approve curricular materials. State law further requires school corporations to make instructional materials available to parents so that they can consent to instruction on human sexuality. 'We don't have any state standards for sex ed, so teachers don't have a lot of direction. I didn't want to force anything at the state level, but as a former school board member, I think putting the local school boards in the driver's seat on this issue makes good sense. They're elected by the voters, after all,' Byrne continued. 'I think this is a good bill that respects local control and parents' rights.' Two amendments were accepted by the committee: one to exclude non-public schools, and another to update reference to 'sexually transmitted diseases' in the existing sex education statute with 'sexually transmitted infections.' Democrats remained opposed to the overall bill, which passed 9-4 along party lines to the full chamber. Byrne introduced a similar bill in 2024 that advanced from the Senate but died in the opposite chamber without a committee hearing. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX

Indiana lawmakers pushing for tougher penalties for failing to report child abuse
Indiana lawmakers pushing for tougher penalties for failing to report child abuse

Yahoo

time06-02-2025

  • Health
  • Yahoo

Indiana lawmakers pushing for tougher penalties for failing to report child abuse

Indiana lawmakers are considering a measure that would toughen the penalty for failing to report child abuse at schools, gyms, hospitals, daycares and other institutions. House Bill 1412 would make it a class A misdemeanor for employees or volunteers to knowingly fail to report child abuse or neglect to police or the Indiana Department of Child Services. Repeat violators would face a level six felony. The change would result in a higher maximum sentence of a year in prison and a $5,000 fine, or 2.5 years and $10,000 for repeat offenders. The maximum sentence under current law is six months and $1,000. The bill would also require law enforcement to investigate whether an institution failed to report abuse when the alleged abuser is a staff member, coach or volunteer. The measure, introduced by state Rep. Becky Cash, R-Zionsville, is intended to address the kind of high-profile failures that allowed widespread abuse in USA Gymnastics and other organizations. "The country watched in horror as we learned that not only had some of our most elite gymnasts been horrifically abused, but that the cover up was pervasive and widespread," Cash said during a recent hearing on the bill. "As these stories played out, we learned that USA Gymnastics, based out of Indiana, had not only failed to make reports, but had actually told coaches and gymnasts that they would handle the accusations themselves." She was referencing a scandal that an IndyStar investigation first exposed in 2016. Reporters found that the sport's national governing body failed to report concerns about the sexual abuse of its athletes to authorities. The failures included a five-week delay in reporting longtime USA Gymnastics team doctor Larry Nassar, who has since been accused of abusing hundreds of athletes. "It was clear that despite being mandated reporters in the state of Indiana, these reports had not been made, and many young lives were devastated," Cash said. "A question remains: If we are all mandated reporters, where was the fallout for those who knowingly failed to make the reports?" In Indiana, where USA Gymnastics is headquartered, the law requires anyone who has "reason to believe" that a child has been abused or neglected to "immediately" report it police or the Department of Child Services. However, nobody from the organization was ever prosecuted under the law. USA Gymnastics isn't the only institution to receive scrutiny over its abuse reporting practices. IndyStar investigations have also uncovered reporting failures at schools and residential youth treatment centers. Despite such findings, prosecutions for failing to report abuse are relatively uncommon. IndyStar found fewer than 30 convictions across the state over a five-year period from 2018 to 2023. The new legislation has received support from child abuse prevention experts and investigators. "The current system can fail children when there's a delay in reporting, an attempt to keep abuse quiet, or when somebody just chooses not to report at all," said Shannon Perry of the Children's Advocacy Center of Southeastern Indiana, an organization that facilitates forensic interviews with children on behalf of law enforcement. Reporting delays can also make it difficult to hold perpetrators accountable, said Dawn Dobyns-Gross, a former investigator with the Tippecanoe County prosecutor's office. "A time lag allows others to destroy evidence, hide child victims and witnesses, or alter crime scenes, significantly hindering our ability to protect children and gather evidence for prosecution," she said. Administrators with IU Health and Riley Hospital for Children have expressed some reservations about the bill because many people on a child's care team may become aware of abuse concerns, including doctors, nurses and social workers. Requiring all of them to report suspected abuse would be inefficient for the hospital and investigators. To address those concerns, lawmakers introduced a change to the bill on Wednesday that would allow the duty to report to be delegated to someone else involved in the child's care as long as both parties document the referral in writing. Cash proposed a similar bill last year, but it failed to advance due to time constraints, she said. This year's measure has received unanimous approval from two House committees and is now headed to the full House. If approved, it will then move to the Senate for consideration. Contact IndyStar reporter Tony Cook at 317-444-6081 or Follow him on X: @IndyStarTony. This article originally appeared on Indianapolis Star: Indiana bill would toughen penalties for failing to report child abuse

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