Section 7. Denial of Application for Certification and Revocation Procedures
Effective December 8, 2022
(a) The Indiana Office of Court Services may deny an application for certification or revoke a pretrial services certificate for one or more of the following reasons:
(1) failure of the applicant to comply with IC 35-33-8 and related federal and state laws, rules, and regulations;
(2) failure of the applicant to comply with the application requirements in section 6 of these rules;
(3) permitting, aiding, or abetting the commission of an unlawful act by the applicant;
(4) the applicant’s conduct or practices are found by the Indiana Office of Court Services to:
(A) threaten public health or safety; or
(B) be harmful to the health or safety of any arrestee or pretrial defendant receiving pretrial services;
(5) deviation from the plan of operation submitted with the application or pretrial services that, in the judgment of the Indiana Office of Court Services, adversely affects the character, quality, or scope of services provided to arrestees and pretrial defendants;
(6) failure of the applicant or pretrial services entity to cooperate with the Indiana Office of Court Services in connection with the certification process or an investigation of a complaint pertaining to the pretrial entity’s compliance with IC 35-33-8, these rules, and related federal and state laws, rules, and regulations; and/or
(7) failure of the applicant to provide accurate or reliable information on the application or regarding the pretrial services entity’s operations or practices.
(b) The Indiana Office of Court Services must notify the supervising judge by certified mail, return receipt requested, that the Indiana Office of Court Services intends to deny the application or revoke the pretrial services certificate. The notice must contain all of the following information:
(1) a brief statement explaining the reasons for the proposed denial or revocation;
(2) if pretrial services are currently operational, notice that the Indiana Office of Court Services is imposing a suspension on pretrial service operations, if applicable. The suspension continues in effect until the conclusion of all proceedings pursuant to these rules and any judicial review, unless earlier withdrawn by the Indiana Office of Court Services; and
(3) a statement that the decision to deny the application or revoke the pretrial services certificate is final unless the supervising judge submits written objections to the Indiana Office of Court Services, within 30 days from the date of the notice, stating why the application should not be denied or the pretrial services certificate should not be revoked.
(c) If objections to a proposed denial or revocation have been timely submitted and the Indiana Office of Court Services issues a second written notice of denial or revocation, the supervising judge may submit a request for a hearing on the matter in accordance with section 8(b) of these rules.