Indiana Pretrial Services Rules

Section 6. Certification Procedures

Effective December 8, 2022

(a) Provisional Certification Procedures

(1) An entity that proposes to establish certified pretrial services pursuant to these rules shall do the following to become provisionally certified:

(A) Submit a completed application for provisional certification to the Indiana Office of Court Services; and

(B) Submit a copy of the pretrial services policy and procedure manual and supporting materials outlining the court’s plan for operation in accordance with IC 35-33-8 and these rules.

(2) The Indiana Office of Court Services shall review the application and policy and procedure manual and conduct a site visit to determine whether the proposed pretrial practices are in compliance with these rules, applicable federal and state laws, rules and regulations, and the pretrial services policy and procedure manual. The Indiana Office of Court Services may offer recommendations as appropriate to assist in compliance with applicable laws, rules, and evidence-based practices.

(3) The Indiana Office of Court Services must approve or deny the application for pretrial services provisional certification.

(A) The Indiana Office of Court Services must approve the application for provisional certification if the pretrial services entity has submitted an application and policy and procedure manual that complies with IC 35-33-8, related laws, rules and regulations, these rules, and evidence-based practices, and has identified appropriate resources to provide the services proposed.

(B) If the Indiana Office of Court Services denies the application for provisional certification, the Indiana Office of Court Services must follow the procedures outlined in section 7 of these rules.

(4) A pretrial services entity’s provisional certificate is valid for up to six months. The provisional certificate must be displayed in a prominent place in the pretrial services office and a copy shall be kept on file at the Indiana Office of Court Services.

(b) Certification Procedures

(1) Prior to the expiration date of the pretrial services certificate, the coordinator must initiate recertification in accordance with the following procedures:

(A) notify the Indiana Office of Court Services that the pretrial services entity intends to apply for certification and request an application for certification;

(B) schedule a review date; and

(C) submit an application for certification and all supporting materials to the Indiana Office of Court Services no later than 30 days prior to the review date.

(2) The certification review shall include evaluation of each of the following:

(A) Compliance with IC 35-33-8 and related federal and state laws, Criminal Rule 2.6, and all applicable Indiana Supreme Court Rules;

(B) Compliance with these rules;

(C) A good-faith effort to comply with the National Institute of Correction’s A Framework for Pretrial Justice: Essential Elements of an Effective Pretrial System and Agency;

(D) Implementation of the principles of effective interventions, as applicable;

(E) Compliance with current research on evidence-based practices and programs;

(F) The number, qualifications, and abilities of pretrial services staff;

(G) The participation by and interaction between the pretrial services team members;

(H) The qualifications and abilities of any contractor that provides services to pretrial services or its arrestees or pretrial defendants, and the contractor’s compliance with the terms of the contract with pretrial services;

(I) Investigations of complaints pertaining to the pretrial services entity’s compliance with IC 35-33-8, these rules, and related federal and state laws, rules, and regulations; and

(J) Any other issues or subjects that the Indiana Office of Court Services determines are relevant to the review.

(3) The Indiana Office of Court Services shall approve or deny the application for certification.

(A) If the Indiana Office of Court Services approves the application for certification, the Indiana Office of Court Services shall issue a certificate authorizing the pretrial services entity to operate certified pretrial services for a period not to exceed three years. The certificate must be displayed in a prominent place in the pretrial services office and a copy shall be kept on file at the Indiana Office of Court Services. Not later than 60 days after completion of the certification review, the Indiana Office of Court Services shall send a final report to the supervising judge and coordinator.

(B) If the Indiana Office of Court Services denies the application for certification, the Indiana Office of Court Services must follow the procedures outlined in section 7 of these rules.

(c) Extension of the Certification Period

(1) Prior to the expiration date of the pretrial services certificate, a pretrial services entity may submit a written request to the Indiana Office of Court Services for an extension of time to continue operating pursuant to the existing certificate. The request shall contain the reason(s) for the requested extension of time and specify the length of the extension requested. The Indiana Office of Court Services has the sole discretion to approve or deny a request for an extension of time to continue operating certified pretrial services and to determine the length of the extension authorizing continued pretrial services operations under these rules.

(2) The Indiana Office of Court Services may issue a written extension of a provisional certificate for a period not to exceed one year.

(3) The Indiana Office of Court Services may authorize an extension of time to continue operating pretrial services in order to complete the certification process under this section or as otherwise appropriate.

(d) A pretrial services entity certified pursuant to this section shall maintain compliance with IC 35-33-8, Criminal Rule 2.6, these rules, related federal and state laws, and other applicable rules, or the certificate is subject to revocation pursuant to section 7 of these rules.

(e) A pretrial services certificate obtained under this section expires on the date specified on the certificate unless the pretrial services entity has been granted an extension pursuant to subdivision (c) of this subsection or the certificate has been revoked in accordance with section 7 of these rules. A pretrial services entity seeking certification following the expiration of the certificate shall follow the procedures in this section as directed by the Indiana Office of Court Services.