Waiver of counsel, 2014

The right to counsel can be waived by counsel if the juvenile knowingly and voluntarily joins the waiver, by a custodial parent or guardian if that person has no interest adverse to the juvenile, or by the juvenile if he or she has been emancipated.

  • Restrictions on waivers
  • No restrictions
  • Reflects laws as of the end of 2013 legislative sessions.
  • Age

    No restrictions

  • Crime

    No restrictions

  • Hearing

    No restrictions

  • Placement

    No restrictions

Timing of counsel, 2013

In Indiana, an attorney for a juvenile can be appointed at the following points in the process: Custodial Questioning / Talk with Intake Officer.

  • Reflects laws as of the end of 2013 legislative sessions.

Indigency requirements, 2013

Organized at the local level (county/judicial district) with varying state oversight

Organizer: Indiana Public Defender Commission (Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)

Indigency is not determined legislatively

Indiana indigency law is governed by both juvenile and adult statute, which provide for a determination of indigency. Indigency is judicially determined.

  • Reflects laws as of the end of 2013 legislative sessions.

Courtroom shackling, 2015

Restricted by legislature

Indiana statute IC ยง31-30.5 prohibits restraints in juvenile court unless the court has determined on the record, after considering sheriff/transport officer recommendations that the juvenile is (potentially) dangerous. Recommendations need not be considered when youth causes a physical disruption in court.

Sex offender registration, 2015

Registers

Competency, 2015

In Indiana, there is no statutory language specific to juvenile competency. A state Supreme Court case held that a finding of incompetency to stand trial is not an abuse of discretion when applied to juveniles for delinquency-related proceedings, which affirms the practice, but does not require it.

  • No juvenile standard

  • Juvenile standard is the adult standard

  • Juvenile justice standard exists

  • JJ standard includes developmental immaturity

About this project

Juvenile Justice GPS (Geography, Policy, Practice, Statistics) is a project to develop a repository providing state policy makers and system stakeholders with a clear understanding of the juvenile justice landscape in the states.

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