Section 3. Definition of Terms
Effective December 8, 2022
The following terms, when used in these rules, shall have the meaning as defined below unless the context clearly indicates a different meaning:
"Appearance rate" means the percentage of pretrial defendants who make all scheduled court appearances.
"Arrest" means the taking of a person into custody, that he or she may be held to answer for a crime. See IC 35-33-1-5.
"Arrestee" means a person taken into custody and held to answer for the alleged commission of a crime.
"Bail" means a person’s release from jail pending trial on criminal charges.
"Bail bond" means a financial commitment executed by a person who has been arrested for the commission of an offense, for the purposes of ensuring: (1) the person's appearance at the appropriate legal proceeding; (2) another person's physical safety; or (3) the safety of the community. See IC 35-33-8-1.
"Certification review" means the process of reviewing a court’s compliance with the state and federal statutes, regulations, and rules for certified pretrial services, to include the application for certification, review of applicable documentation, site visit, and follow-up activities.
"Chemical test" means an analysis of a person’s blood, breath, hair, sweat, saliva, urine, or other bodily substances to determine the presence of alcohol, drugs, or controlled substances as defined in IC 35-48-1-9.
"Coordinator" means the pretrial services staff member responsible for the administration, management, and coordination of pretrial services and operations, including overseeing pretrial services staff activities, ensuring the court’s compliance with the pretrial services statutes and rules, developing pretrial services policies and procedures, managing service provider contracts and team member memoranda of understanding, managing grants, facilitating policy team meetings, and serving as a liaison to local service providers and community groups.
"Court date notification system" means the use of reminder communications - including telephone calls, text messages, and/or emails - to alert the defendant of upcoming court dates.
"Critical incident" means an incident that has the potential to have a serious impact on a pretrial services agency, pretrial services staff, pretrial services funding or generate adverse publicity.
"Documentation" means a record acceptable as evidence to demonstrate compliance with these rules.
"Evidence-based practices" means the use of current research and available data to guide policy and practice decisions in the criminal justice system to improve outcomes.
"Failure to appear" occurs when a court issues a warrant following an arrestee’s or pretrial defendant’s non-appearance for court. This definition includes recalled warrants.
"Indiana Risk Assessment System-Pretrial Assessment Tool" (IRAS-PAT) means the pretrial risk assessment system tool adopted by the Judicial Conference of Indiana designed to assess an arrestee’s or pretrial defendant’s risk for failure to appear and risk to reoffend while on pretrial supervision.
"Initial hearing" means a hearing in court held in compliance with IC 35-33-7-1 and IC 35-33-7-5.
"Modification of bail or bail bond" means an alteration or revocation of pretrial release conditions.
"Monitoring" means a method of verifying, responding to, and documenting an arrestee’s or pretrial defendant’s compliance with pretrial release conditions and may include strategies imposed by a court designed to mitigate a person’s risk of rearrest or failure to appear while on pretrial release.
"Outcome evaluation" means an evaluation of program results or outcomes, as measured by collected data, which determines if the program achieved its stated goals.
"Policy" means a statement of the principles that guide and govern the activities, procedures, and operations of pretrial services.
"Pretrial defendant" means a person charged with a criminal offense not yet adjudicated.
"Pretrial risk assessment" means a pretrial assessment that identifies factors relevant to determine an arrestee’s or pretrial defendant’s likelihood to commit a new criminal offense or fail to appear if released and that is based on empirical data derived through validated criminal justice scientific research.
"Pretrial services" means the court entity that provides pretrial risk assessments, pretrial services reports, pretrial supervision, pretrial compliance monitoring, and performance measurement to arrestees and pretrial defendants pursuant to all applicable law and these rules.
"Pretrial Services Committee" means the multi-disciplinary Judicial Conference of Indiana committee established to integrate the elements of a high functioning pretrial system into the administration of justice in order to improve court processes and outcomes while preserving the rule of law.
"Pretrial services policy team" means the team as described in section 11 of these rules.
"Pretrial services record" means all information and documentation regarding an arrestee or pretrial defendant contained in the pretrial services file, including
printed and electronic information, regardless of the source of the information.
"Pretrial services report" means the standardized written report developed by a pretrial services entity to record personal information, criminal history, and IRAS-PAT results submitted to the court pertaining to the release of an arrestee or pretrial defendant.
"Pretrial services staff" means staff designated by the court, including the pretrial coordinator and pretrial services officers, to perform pretrial risk assessments, preparation of pretrial services reports, pretrial supervision, and pretrial compliance monitoring.
"Procedure" means a series of activities designed to implement pretrial services goals or policy.
"Process evaluation" means a procedure to document and analyze the development and implementation of pretrial services, to assess whether strategies were implemented as planned, and to determine whether expected outputs were produced.
"Release conditions" means conditions imposed by a court to assure the pretrial defendant's appearance at court proceedings during the pretrial period and to assure the safety of others and the community. See IC 35-33-8-3.2.
"Release order" means release conditions imposed by a court.
"Release protocol" means a written policy and procedure developed by the court for release decision-making.
"Supervising judge" means a judge or group of judges who have ultimate responsibility for overseeing pretrial services.
"Supervision protocol" means a written policy and procedure developed by the pretrial services policy team to guide the supervision of release conditions.
"Suspension" means the imposition of limitations on or a full cessation of certified pretrial services activities and operations, or a pretrial services staff member’s ability to perform his/her job functions, as determined by the Indiana Office of Court Services.
"Violation response protocol" means a written guide developed by the pretrial services policy team incorporating the risk level of the pretrial defendant and the severity of the violation committed in response to pretrial violations.