Indiana Court Rules Administrative Rules Including Amendments Received Through February 9, 2017 TABLE OF CONTENTS ( A) Preparation of Forms. The Indiana Office of Judicial Administration (IOJA), pursuant to these rules and IC 33-24-6-3, shall draft forms to be used in the gathering of statistical data and other information and shall submit the proposed forms to the Supreme Court for approval. After the Supreme Court approves the forms the IOJA shall distribute the forms to all courts to be used in preparation of reports.

(B) Quarterly Case Status Reports. (1) All trial courts shall prepare quarterly case status reports, on forms approved under the provisions of Administrative Rule 1(A), concerning the judicial work of their respective courts. The last day of the reporting period for the quarterly case status reports shall be March 31, June 30, September 30, and December 31. (2) The judge of the trial court may require clerks, court reporters, or any other officer or employee of the court to furnish the information needed to prepare the reports. (3) The judge of the trial court shall cause the quarterly case status reports to be filed with the IOJA no later than ten (10) calendar days after the end of the reporting period in electronic format as established by the IOJA. (4) The method for assigning case numbers set out below is intended for all purposes, including court costs, but it does not affect the court’s ability to waive multiple court costs in selected cases or to try related cases as one. (a) Criminal Cases and Infractions.

The clerk shall assign one case number to each defendant charged with one or more criminal offenses or infractions arising out of the same incident, or multiple incidents occurring on the same date, to be tried as one case, regardless of the number of counts or citations charged against the defendant. (i) For crimes committed on or before June 30, 2014 the case shall be designated as a MR--Murder, FA--Class A Felony, FB--Class B Felony, FC--Class C Felony, FD--Class D Felony, CM--Criminal Misdemeanor, MC--Miscellaneous Criminal, or IF—Infraction. (ii) For crimes committed on or after July 1, 2014 the case shall be designated as a MR--Murder, F1--Level 1 Felony, F2--Level 2 Felony, F3--Level 3 Felony, F4--Level 4 Felony, F5--Level 5 Felony, F6--Level 6 Felony, CM--Criminal Misdemeanor, MC--Miscellaneous Criminal, or IF--Infraction. (iii) When the defendant is charged with multiple charges involving different case type categories, the case number shall be designated so as to reflect only the most serious charge and shall be counted as one case on the quarterly case status report. (b) Ordinance Violations.

Counts or citations charging ordinance violations shall not be included in the criminal case. The clerk shall assign one case number designated as an OV - Local Ordinance Violation, or OE - Exempted Ordinance Violation case type to each defendant charged with one or more ordinance violations arising out of the same incident, or multiple incidents occurring on the same date, to be tried as one case, regardless of the number of counts or citations charged against the defendant, and the case shall be counted as one case on the quarterly case status report. (c) Juvenile Cases. The clerk shall assign a separate case number to each juvenile who is the subject of a Juvenile CHINS--JC, Juvenile Delinquency--JD, Juvenile Status--JS, Juvenile Termination of Parental Rights--JT, Juvenile Paternity--JP and Juvenile Miscellaneous--JM case, for all events and conduct that arise out of the same incident. Each juvenile case number shall be counted as a case on the court's quarterly case status reports.

Search metadata Search full text of books Search TV captions Search archived web sites Advanced Search. Materials like docket sheets, the public can discern the prevalence of certain types of cases, the nature. 8.119 (2006). It is possible that if an individual knew a case's number before its docket sheet was sealed, and the case's files themselves remained open, the individual theoretically could.

(d) Guardianship Cases. The clerk shall assign a separate case number to each individual, adult or juvenile, who is subject to an application to establish a Guardianship - GU case. Each guardianship case number shall be counted as a case on the court’s quarterly case status report.

Notwithstanding the separate case number requirement set forth above, in situations in which a guardianship is sought for two (2) or more minors or incapacitated persons who are children of a common parent, parent and child, or husband and wife, only a single probate filing fee shall be charged as provided by I.C. 29-3-5-6 and the applications may be joined for hearing. (C) Probation Reports. (1) All probation officers or probation departments shall compile and prepare reports on the information required by IC 11-13-1-4 concerning the work of the respective office. All probation officers or probation departments shall file, on forms approved pursuant to the provisions of Administrative Rule 1(A), the following reports: (a) Quarterly statistical reports. The last day of the reporting period for the quarterly reports shall be March 31, June 30, September 30, and December 31.

(b) An annual operations report. The reporting period for the annual operations report begins on January 1 and ends on December 31. (2) The quarterly statistical reports and the annual operations report shall be filed with the IOJA no later than ten (10) calendar days after the end of the reporting period, in electronic format as established by the IOJA. (3) Every trial judge or chief judge of a unified court system shall require the probation officer or probation department subject to the judge's direction and control to comply with these reporting requirements.

(D) Judge's Confirmation of Reporting. The judge of the court or the chief judge of a unified court system shall review all reports and confirm, through a process established by the IOJA, the completion and filing of all reports. (E) County and Judicial District Caseload Plans. The judges of the courts of record in each county shall, by a local rule, develop and implement a caseload allocation plan for the county that ensures an even distribution of judicial caseloads among the judges of the courts of record in the county.

The judges of the courts of record in each judicial district (established by Administrative Rule 3) may, by local rule, develop a district caseload allocation plan that allows for the efficient adjudication of cases within the district. Counties may elect, by approved local rule, to provide that a judicial officer of a court of record within a county or district may serve as acting judge in another court in that county or district. Jurisdiction in the acting judge shall vest only after the Supreme Court enters an Order approving such local rule.

(1) Schedule for Plans. The IOJA, with Supreme Court approval, shall prepare and publish a schedule for the submission and approval of such local rules for county caseload allocation plans. The schedule shall ensure that the judges of the courts of record in each county must review and submit a new local rule with a plan or re-submit an existing local rule with a plan not less than once every two (2) years. (2) Weighted Caseload Measure. Based on the statistical reports submitted pursuant to this rule and a weighted caseload measures system, the IOJA shall prepare and publish annually a weighted caseload report on the caseload of the Indiana trial courts of record by court, county, and district. (3) County Plans. The judges of the courts of record in each county must approve the county caseload allocation plan by not less than 75% vote.

The chief judge or another judge designated by the courts of record in the county shall submit the approved county plan to the IOJA by the deadline established in the schedule. (4) District Plans.

The judges of the courts of record in a judicial district may approve, by not less than 75% vote, a district caseload allocation plan. Any approved district plan must be submitted by the district administrative judge or another judge designated by the courts of record in the district to the IOJA. (5) IOJA Approval of Plans.

The IOJA will presume that the plans submitted pursuant to this rule were properly approved by the county or judicial district. The IOJA may request a county or judicial district to explain any caseload variance among courts resulting from the county or judicial district caseload allocation plan. The IOJA shall submit to the Supreme Court for approval the county caseload allocation plans that ensure an even distribution of judicial caseload.

Should a county fail to submit a plan by the deadline established in the schedule, the Supreme Court shall prescribe a plan for use by the county. The IOJA shall submit to the Supreme Court for approval the district caseload allocation plans that allow for the efficient adjudication of cases. (F) Reporting of Performance Measures in Juvenile Cases (1) Performance Measures Report. All trial courts exercising jurisdiction over Children in Need of Services (CHINS) and Termination of Parental Rights (TPR) cases shall compile and report on court performance measures for all qualifying cases in their jurisdiction. The IOJA shall draft forms to be used in the gathering of statistical data and distribute the forms to all courts to be used in the preparation of reports. (2) Reporting Periods. All trial courts subject to this rule shall prepare a quarterly summary report of the court performances measures for their respective court to the IOJA.

The last day of the reporting period for the quarterly reports shall be December 31, March 31, June 30, and September 30. (3) Information for reports. The judge of the trial court subject to this rule may require clerks, court reporters, or any other officer or employee of the court to furnish the information needed to prepare the reports. (4) Report Submission Dates. Beginning in federal fiscal year 2014 (October 1, 2013 – September 30, 2014), the judge of the trial court subject to this rule shall cause the quarterly timeliness measures report to be filed with the IOJA not later than ten (10) calendar days after the end of the reporting period in electronic format as established by the IOJA. (5) Qualifying Cases. All CHINS and TPR cases that were opened not more than five years prior to the beginning of the reporting period and which were closed in the reporting period shall be included in the Court Performance Measures report for that reporting period.

All cases filed more than five years prior to October 1 of the reporting year shall be excluded from the report. (6) Court Performance Measures: Effective for the federal fiscal year of October 1, 2013 – September 30, 2014, and for the same period thereafter, trial courts subject to this rule shall quarterly report the statistics and data requested by the State Court Administration for the following defined court performance measures: (a) Time to Permanent Placement: This measure is defined as the median number of days from the filing of the original CHINS petition to permanency. Permanency for the purposes of this measurement is defined as the date that wardship is terminated. This Measure is limited to those cases in which the child was removed from the original parent, guardian, or custodian at any time during the pendency of the case. (b) Time to First Permanency Hearing: This measure is defined as the median number of days from the filing of the original CHINS petition to the date the first permanency hearing is held on the case as defined by of IC 31-34-21-7 (c) Time to Termination of Parental Rights Petition: This measure is defined as the median number of days from the filing of the original CHINS petition to the filing of the petition for termination of parental rights. This measure excludes automatic petitions for termination of parental rights that are filed under IC 31-35-2-4 and 31-35-2-4.5, and such petitions should not be counted in this measure.

(d) Time to Termination of Parental Rights: This measure is defined as the median number of days from the filing of the original CHINS petition to the day that the last order on the termination of parental rights is entered with regard to the child. (e) Time to all Subsequent Permanency Hearings: This measure is defined as the median number of days between all subsequent permanency hearings in a case as defined by IC 31-34-21-7. This Rule is drafted to conform with the requirements of the Program Instructions for the Court Improvement Program as published by the Administration for Children and Families, U.S Department of Health and Human Services, Log. No: ACYF-CB-PI-12-02. G) Reporting of Decision Point Data in Juvenile Cases (1) Disproportionate Minority Contact (DMC)/Juvenile Decision Point Data Report. Trial courts hearing juvenile delinquency cases shall electronically compile and report DMC data for all delinquency cases in their court.

The IOJA shall draft and distribute procedures for and assist courts in the gathering and electronic submission of statistical data and reports. (2) Reporting Periods. The last day of the reporting period for quarterly reports shall be December 31, March 31, June 30 and September 30.

Beginning in federal fiscal year (October 1, 2016 - September 30, 2017) the judge of a trial court subject to this rule shall cause the quarterly reports to be filed with the IOJA within ten (10) calendar days after the end of the reporting period in an electronic format as established by the IOJA. (3) Information for Reports.

The judge of a trial court, subject to this rule, may require clerks, court reporters, probation officers, or any employee of the court to furnish information required to complete and prepare the reports. (4) Judge’s Confirmation of Reporting. The Judge of a Court or Chief Judge of a unified Court system shall review all reports and confirm through a process established by the IOJA the completion and filing of all reports.

( A) Preparation of Fiscal Reporting Forms. The Division of State Court Administration (Division), pursuant to these rules and IC 33-24-6-3, shall draft forms to be used in the gathering of revenue, budget and expenditure data from the courts and shall submit the proposed forms to the Supreme Court for approval.

The revenue report forms shall collect data on the revenues generated by the operation of the courts within the county, the categories for which monies were collected, the amounts collected in each category, and how the collected funds were distributed. The budget and expenditure forms shall collect data on the requested budgets of the courts and their offices for the upcoming calendar year, the approved budgets for the courts and their offices for the upcoming year, the actual expenditures of the court and their offices during the previous calendar year, specifying the categories for which funds were requested, approved and spent. After the Supreme Court approves the forms the Division shall distribute the forms to all courts to be used in preparation of reports.

All trial courts shall prepare, on forms approved under the provisions of this rule, fiscal reports on the receipt and expenditure of public money by and for the operation of the courts. (B) Report of Clerk on Revenues. Within ten (10) days after the close of the calendar year, the Clerk of the Court shall report to the judge of the court, or chief judge of a unified court system, all information necessary for the completion of the revenue report form. In the case of a City or Town Court, if there is no clerk, the judge of a City or Town Court shall prepare such report.

(C) Budge and Expenditure Report. Within ten (10) days after the close of the calendar year, the judge of the court, or chief judge of a unified court system, or a judge’s designee shall gather all information necessary for the completion of the budget and expenditure report including all county budget and expenditure information for indigent defense not included in a court budget. (D) Report of Judge. The judge of the trial court or the chief judge of a unified court system shall cause the fiscal reports to be filed with the Division no later than twenty (20) days after the end of the calendar year for the reporting period in electronic format as established by the Division. (E) Judge's Confirmation of Reporting. The judge of the court or the chief judge of a unified court system shall review all reports and confirm, through a process established by the Division, the completion and filing of all reports.

(A) The State of Indiana is hereby divided into twenty-six (26) administrative districts as follows: (1) District 1, consisting of Lake County; (2) District 2, consisting of Porter, Newton, Jasper and Benton Counties; (3) District 3, consisting of LaPorte, Starke and Pulaski Counties; (4) District 4, consisting of St. ( A) Application of Standards. All courts and clerks of court in the State of Indiana shall meet the standards set forth under this rule regarding the use of: (1) microfilm for the preservation of any record of a court or a court agency; (2) digital imaging technology for the storage and preservation of any record of a court or of a court agency; (3) hybrid systems producing both digital images and microfilm; and, (4) any related system created by advances in technology for the preservation of any record of a court or of a court agency. These standards shall apply to all records, regardless of medium, kept by courts, their clerks, and court agencies, including the methods used to reproduce or create records electronically and to the methods, systems, and formats used to store, archive, and reproduce records electronically for the purpose of maintenance and preservation of records. Only those records or record series which have been approved for microfilming under Administrative Rule 7 shall be eligible for microfilming.

(B) Definitions. The following definitions shall apply to this Administrative Rule 6: (1) “ Archival,” as this term applies to records maintained in electronic form, means that point at which a document is no longer subject to modification and is maintained to ensure reasonably its preservation according to the appropriate record retention schedule as found in Administrative Rule 7. (2) “ Clerk” means the Clerk of the Indiana Supreme Court, Court of Appeals, and Tax Court, the Clerk of a Circuit, Superior, Probate, or County Court, the Clerk of a City or Town Court, and the Clerk of a Marion County Small Claims Court, including staff.

(3) “ Court” means the Indiana Supreme Court, Court of Appeals, Tax Court, and all Circuit, Superior, Probate, City, Town, or Small Claims Courts. (4) “ Court Agency” means a section, division, or department performing duties for the Court or Clerk and which has been created by statute or court rule or works at the direction of the court or clerk of court.

(5) “Court Case Record” has the same meaning as “Case Record” that is defined in Administrative Rule 9(C)(2). (6) “ Digital Image” means an electronic file consisting of digital data, which, when reconstructed on a display screen, a hard copy print, or on microfilm, appears as the original document. (7) “ Digital Imaging” means the process by which a document or photograph is scanned by a computer and converted from analog format to a computer-readable digital format. (8) “ Digital Duplicate” means any copy of digital images used for reference or communication.

(9) “ Digital Imaging File Format” means the program used to store Digital Masters of Digital Images. (10) “ Digital Master” means the record copy of an electronic record transferred directly from a computer onto an electronic storage medium.

(11) “ Digital Media” refers to the physical method for storing digital records and images. There are two types: magnetic and optical. Examples of the former are magnetic disks, tape, and Digital Audio Tape (DAT). Examples of optical media include Compact Disk (C-D, CD-ROM), Write- Once, Read-Many (WORM) disk, Erasable Optical Disk (EO), and Digital Versatile Disk (DVD). (12) “Division” means the Division of State Court Administration. (13) “ DPI” means dots per inch and is used as a measure of the number of dots recorded in either a vertical or horizontal plane for each inch.

It is used to measure scanning resolution. (14) “ Hybrid Imaging System” means a system that produces both micrographic and digital images, either simultaneously or one from the other. (15) “ Image Enhancement” means the process of manipulating a scanned image with software, to lighten or darken the image, to increase sharpness, alter contrast, or to filter out data elements appearing on the document. (16) “ Index” means descriptive locator information attached to a digital image that enables a requestor to identify the file and retrieve it from the electronic storage medium. (17) “ In electronic Form” means any information in a court record in a form that is readable through the use of an electronic device, regardless of the manner in which it was created.

(18) “ISO” means International Standards Organization. (19) “ Metadata” means a standardized structure format and control vocabulary which allows for the precise description of record content, location, and value. (20) “ Microfilm” means a photographic film containing an image greatly reduced in size from the original, or the process of generating microphotographs on film. (21) “ Microform” means any form, usually film, which contains microphotographs. (22) “ Migration” means the process of upgrading electronic systems to new technologies while preserving accessibility to existing records. It includes transferring one electronic data format to another when a new computer or data management system is incompatible with its existing system.

It also means the process of moving electronic data from one storage device or medium to another. (23) “Noise” means background discoloration of paper and stains on paper caused by aging, handling, and accidental spilling of fluids. (24) “ Open System Standard” means a published and commonly available interface specification that describes services provided by a software product. Such specifications are available to anyone and have evolved through consensus and are open to the entire industry.

(25) “ Record Series” means a group of related documents, either as to form or content, which are arranged under a single filing system; are kept together as a unit because they consist of the same form, relate to the same subject, result from the same activity; or which have certain similar physical characteristics such as computer magnetic tapes or disks, or as microforms. (26) “ Record Retention Schedules” means a series of documents governing, on a continuing basis, the retention and disposal of records of a Court, Clerk, or Court Agency. (27) “ Refreshing” means the copying of an image or of a whole storage medium for the purpose of preserving or enhancing the quality of a digital image. (28) “ Reproduction” means the process of making an exact copy from an existing document in the same or a different medium. (29) “ Scanning Resolution” means the quality of a digital image resulting from its initial scanning. It is represented in the number of dots per inch (“dpi”), used to represent the image. (30) “ Specifications” means a set of requirements to be satisfied, and whenever appropriate, the procedure by which it may be determined whether the given requirements are satisfied.

(31) “ Standard” means a uniformly accepted set of specifications for a predefined norm. “ANSI/AIIM” means the American National Standards Institute and the Association for Information and Imaging Management. “CCITT” means the Consultative Committee on International Telegraphy and Telephony. Specific standards appear both by number and by name. (32) “ Target” means any document or chart containing identification information, coding or test criteria used in conjunction with microfilming. A target is an aid to technical or bibliographical control, which is photographed on the film preceding or following a document or series of documents.

(33) Thresholding refers to the level at which data elements are removed from the scanned document. During thresholding, individual pixels in an image are marked as object pixels if their value is greater than some threshold value and as background pixels otherwise.

Thresholding is used in eliminating background discoloration of paper and stains on paper caused by aging, handling, and accidental spilling of fluids. (34) “WORM” means Write-Once, Read-Many. (C) Official Case Record. (1) A microfilm record produced and documented in accordance with the provisions of this rule, or a duplicate copy of such microform kept by the court, is the official record of the Court or Court Agency, regardless of whether or not an original paper document exists. (2) A document generated from a digital image produced in accordance with the provisions of this rule is the official record of the Court or Court Agency, regardless of whether or not an original paper document exists.

(D) Microfilm Specifications. Specifications for microfilm equipment, film, and photographic chemicals must meet appropriate standards referenced in section (G) of this rule. However, before a court, clerk, or court agency shall install such a system to create an official record, systems specifications must be forwarded to the Division, in writing, to determine compliance with Trial Rule 77(J).

(E) Digital Imaging Specifications. Specifications for digital imaging systems must meet appropriate standards referenced in section (H) of this rule. However, before a court, clerk, or court agency shall install such a system to create an official record, systems specifications must be forwarded to the Division, in writing, to determine compliance with Trial Rule 77(J). (F) General Standards.

(1) Courts, Clerks and Court Agencies shall ensure that records generated by, or received by, the courts are preserved in accordance with the applicable record retention schedules in Administrative Rule 7. (2) Records required to be placed in the Record of Judgments and Orders (RJO) as paper or in electronic format, and records with a retention schedule of fifteen (15) years or more, are classified as permanent. Such records must be scanned using a dpi as specified in Administrative Rule 6(H)(2)(a)(ii). (3) Microform and Digital Media used for the storage of court records shall be inspected at least annually to verify that no deterioration has occurred, incorporating the appropriate ANSI/AIIM standard for microfilm or for digital data deterioration in accordance with Administrative Rule 6(H)(3)(i). Such inspection results shall be forwarded to the Division, on a form available from the Division. (G) Microfilm Standards.

(1) Documentation. CIVIL (1) 85-1.1-01R Entry Docket 1790-c. 1913 maintain permanently meeting the standards of Admin.

85-1.1-02 Issue Docket 1790-c. 1913 destroy. 85-1.1-03R Entry, Issue Docket & Fee Book (Civil Docket, 1970 +) c. 1913-1990 maintain permanently (may microfilm after 20 years). 85-1.1-04 Change of Venue Record c.

1873 + maintain permanently (may microfilm after 20 years and destroy original). 85-1.1-05 Judge's/Bench/Court Docket 1790-c. 1918 destroy. 85-1.1-06 Clerk's Docket Day Book/Scratch Book 1790-c.

1918 destroy. 85-1.1-07 Sheriff's Docket (rare) 1790-c.

1918 destroy. 85-1.1-08 Bar Docket (cases arranged by attorney; not Entry Docket) 1790- + destroy. 85-1.1-09 Summons Docket (rare) c. 1790- + destroy 6 years after date of last entry.

85-1.1-10 Sheriff's Summons Docket (rare) c. 1790- + destroy 6 years after date of last entry. 85-1.1-11 Witness Docket/Witness Affidavit Docket c.

1860's- + destroy 3 years after date of last entry and audit by State Board of Accounts. 85-1.1-12 Stamp Tax Docket c. 1933-1965 destroy. 85-1.1-13 Bond Register (bonds filed in civil actions) c. 1880's- + destroy 20 years after date of last entry.

85-1.1-14 Misc. Bond Record (bonds filed in civil actions) c.

1880's- + destroy 20 years after date of last entry. 85-1.1-15 Recognizance Bond Record-Civil varies as separate ledger destroy 20 years after date of last entry. 85-1.1-16 Record of Assignments (rare) 1870's- + destroy 20 years after date of last entry. 85-1.1-17R Civil Order Book 1790-1990 maintain permanently meeting standards of Admin.R.

May microfilm after 20 years and transfer originals to the Indiana Archives and Records Administration or otherwise dispose of upon approval of the Division of State Court Administration. 85-1.1-18 Index to Civil Cases/General Index to Civil Order Book/Gen. Index Plaintiff and Gen.

Index, Defendant 1790-1990 maintain permanently. May microfilm 20 years after date of last entry, using microfilm system meeting standards set by Supreme Court. 85-1.1-19R Misc. Order Book varies, usually 20th Century maintain permanently. May Microfilm after 20 years and transfer originals to the Indiana Archives and Records Administration or otherwise dispose of upon approval of the Division of State Court Administration. 85-1.1-19.1R Nonjudicial Order Book (Certifications and Statutorily Directed Matters) 1989- + maintain permanently meeting the standards set by the Supreme Court (may microfilm after 20 years). 85-1.1-20 Civil Order Book Complete; Final Order Book Civil 1790-1990, usually 19th Century transfer to Archives Division, Indiana Archives and Records Administration.

85-1.1-21 General Index to Complete Order Book, Civil 1790-1990 transfer to Archives Division, Indiana Archives and Records Administration. 85-1.1-22 Depositions, opened 1790- + maintain as part of Civil Case File. 85-1.1-23 Depositions Not Admitted Into Evidence or for Dismissed Cases 1790- + return to attorney at disposition of case or destroy 1 year after final disposition of case. 85-1.1-24 Docket Sheets c. 1910-1990 maintain permanently.

May microfilm and destroy original 3 years after final disposition of case, unless dissolution of marriage, then may microfilm and destroy original 21 years after disposition. 85-1.1-25R Plenary Civil Case Files Designated as CP, CT, MT, PL, CC, MF 1790-9/1881 transfer to Archives Division, Indiana Archives and Records Administration. 9/1881-1990 maintain all divorce/dissolution cases; cases where title to real property is in issue; public sector cases; and pre-1941 adoption and bastardy cases in original or in microfilm. For remaining cases, maintain a 2% statistical sample, which is determined by the Division of State Court Administration with transfer to the Archives Division, Indiana Archives and Records Administration. Destroy remaining files 20 years after final disposition. 90-1.1-25.1R Civil Miscellaneous Case Files (MI) 1/01/1987- + retain for 5 years and upon review of trial court. Maintain permanently all tax deed MI cases ordered upon IC 6-1.1-25-4.6.

85-1.1-26R Dismissed Civil Case Files Designated as CP, CT, MI, RS, DR, MH, PO, PL, CC, MF 9/1881- + Unless relief granted under TR 60(B): (a) those dismissed before trial, destroy 2 years after dismissal; (b) those dismissed during or after trial, destroy 2 years after order to dismiss is given under TR 41. 89-1.1-26.1R Shorthand Notes/Tapes/ Disks Not Transcribed 1873- + destroy 3 years after date of trial for CP, CT, MI, RS, DR, MH, PO, CC, and MF.

91-1.1-61 Protective Order Case Files With PO Designation Under Administrative Rule 8 1/1/1992- + destroy 3 years after date Order has been entered. 91-1.1-62 Notice and Release of Lien for Medical Assistance (IC 12-1-7-24.6)(c)(1) 1982- + for those liens formally released by Dept.

Of Public Welfare, destroy notice and Lien 2 years after release filed. 91-1.1-63 Hardship Driver's License (Emergency Order for Restricted Hardship License) (MI Case # Only) varies for independent court action, not a part of a larger case, and if original order in RJO, destroy Case File 2 years after judgment. JUDGMENTS AND EXECUTIONS 85-1.1-27 Judgment Dockets 1790- + pre-1853 transfer to Archives Division, Indiana Archives and Records Administration. Post 1852 destroy docket 20 years after date of last entry. 85-1.1-28 Transcribed Judgment Docket (copy of deteriorated original) varies destroy 20 years after date of last entry. 85-1.1-29 Judgment Docket Release c. 20th Century destroy 20 years after date of last entry.

85-1.1-30 Record of Delinquent Tax/Delinquent Tax Judgment Record IC 6-1-55-1 IC 6-1.1-23-9 1964- + destroy 20 years after date of last entry. 85-1.1-31 Judgment Docket: Statements and Transcripts (orig. Statements of judgment of court w. To Judgment Docket) (ledger) ACTS 1929:83:1 IC 34-1-43-1 (not all courts created this ledger) 1929- + destroy 20 years after date of last entry. 85-1.1-32 Judgment Statements and Transcripts (originals) varies, usually after 1929- + destroy 20 years after filing.

90-1.1-32.1 Collection Warrant Under Employment Security Act (IC 22-4-29-7) varies destroy after 20 years. 85-1.1-33 Judgment Docket Index varies destroy 20 years after date of last entry. 85-1.1-34 Praecipe/Certified Copy Praecipe (ledger) 1790- + destroy 20 years after date of last entry. 85-1.1-35 Praecipes 1790- + destroy 20 years after filing, if filed separately. 85-1.1-36 Executions 1790- + pre-1853 transfer to Archives Division, Indiana Archives and Records Administration. Post 1852 destroy 20 years after date of last entry. 85-1.1-37 Execution Dockets 1790- + pre-1853 transfer to Archives Division, Indiana Archives and Records Administration.

Post 1852 destroy 20 years after date of last entry. 85-1.1-38 Sheriff's Execution Docket (rare) c.

1853- + destroy 20 years after date of last entry. 85-1.1-39 Register of Executions (rare) c.

1870's- + destroy 20 years after date of last entry. 85-1.1-40 Supplement to Execution Docket (rare) c. 1870's- + destroy 20 years after date of last entry. 85-1.1-41 Executions: Order of Sale (original pleadings) c. 1790- + destroy 20 years after date of issue.

85-1.1-42 Executions: Order of Sale (ledger) c. 1790's- + destroy 20 years after date of last entry.

85-1.1-43 Stay of Execution (original pleadings) c. 1790's- + destroy 20 years after date of issue. 85-1.1-44 Index to Execution Docket varies destroy 20 years after date of last entry. 85-1.1-45 Fee Bills (original filings) 1790- + destroy after 20 years.

85-1.1-46 Fee Bill Record varies, usually 20th Century destroy 20 years after date of last entry. 85-1.1-47 Sheriff's Fee Bill Docket varies, usually 20th Century destroy 20 years after date of last entry. 85-1.1-48 Fee Bill Index varies, usually 20th Century destroy when last entry becomes 20 years old. 85-1.1-49 Tax Warrants IC 6-8-7-1 (1976) 1933-1980 destroy after 20 years.

85-1.1-50 Alias Tax Warrants IC 6-8-7-2 and IC 6-8-7-3 (1976) 1933-1980 destroy after 20 years. 85-1.1-51 Tax Warrants 1980- + maintain 3 years after payment and audit by State Board of Accounts. 85-1.1-52 Alias Tax IC 6-8.1-8-2(e) 1980- + maintain 3 years after payment and audit by State Board of Accounts. NOTE: REVENUE DEPARTMENT MAY “RENEW A LIEN FOR ADDITIONAL TEN (10) YEAR PERIODS BY FILING AN ALIAS TAX WARRANT.” 85-1.1-53 Power of Attorney Filings 1790- + pre-9/1881 transfer to Archives Division, Archives and Records Administration.

Post 9/1881 destroy after 20 years. 85-1.1-54 Power of Attorney Record (not all courts created) c. 1881- + varies destroy 20 years after date of last entry.

85-1.1-55 Power of Attorney Index (rare) c. 1881- + varies destroy 20 years after date of last entry. 85-1.1-56 Index to Misc. Court Records c. 1853/81- + varies maintain for period in which records are referred to. 85-1.1-57 Subpoena Docket (rare) 1790- + destroy 20 years after date of last entry. 85-1.1-58 Sheriff's Subpoena Docket (rare) 1790- + destroy 20 years after date of last entry.

87-1.1-59 Sheriff Foreign Service varies destroy 3 years after date of last entry. 88-1.1-60 Civil Fee Books 1790-c. 1913 + destroy upon written approval of the Division of State Court Administration. LIS PENDENS 85-1.3-01 Lis Pendens Record (Complaints) IC 32-30-- + destroy 20 years after date of last entry.

85-1.3-02 Lis Pendens - Complaint Files IC 32-30-11-1 1877- + destroy 20 years after filing. 85-1.3-03 Lis Pendens Record - Sheriff's Notice of Attachment IC 32-- + destroy 20 years after date of last entry. 85-1.3-04 Lis Pendens - Sheriff's Notice of Attachment IC 32-- + destroy 20 years after filing.

85-1.3-05 Lis Pendens Record-- Sheriff's Certificates of Sale IC 34-2-29-1 1881-1987 destroy 20 years after date of entry. 85-1.3-06 Lis Pendens--Sheriff's Certificates of Sale IC 34-2-29-1 1881-1987 destroy 20 years after filing. 85-1.3-07 Lis Pendens-- Redemption Record IC 34-2-29-3 1881-1987 destroy 20 years after date of last entry. 85-1.3-08 Lis Pendens-- Redemptions IC 34-2-29-3 1881-1987 destroy 20 years after filing. NOTE: IC 34-2-29-1 et seq. Was repealed by P.L.

309-1987 85-1.3-09 Index--Lis Pendens Record (discretionary) 1877- + destroy 20 years after date of last entry. 85-1.3-10 Transcript Order Book (to collect judgments) JP to 1976 City 1847- + Gen.Cts.

To current destroy 20 years after date of last entry. 85-1.3-11 Transcripts (to collect judgments) JP to 1976 City 1847- + destroy 20 years after filing. 87-1.3-12 Transcript and Insurance Order Book (see also 85-1.3-10) (rare) 1877-1935 destroy. NOTE: ACTS 1877(r): 43:1 required foreign insurance companies to file certain statements with the Auditor of State and Clerk of the Circuit Court, the latter to note “in vacation of entries of the order book of such court” the name of the company and its agent and the date of filing.

Some courts created separate “order books” for this purpose. 87-1.3-13 Foreign Insurance Company Statements 1877-1935 destroy. DISSOLUTION OF MARRIAGE Some courts maintain separate filing systems and have created separate “Domestic Relations” records for divorce/dissolution of marriage. 85-1.5-01R Entry Docket, Issue Docket & Fee Book c. 1973- + maintain permanently (may microfilm after 20 years). 85-1.5-02R Order Book, Domestic Relations c.

1973- + maintain permanently. May microfilm after 20 years and transfer originals to the Indiana Archives and Records Administration or otherwise dispose of upon approval of the Division of State Court Administration. 85-1.5-03R Divorce Case Files to 8/31/1973 maintain in accordance with schedule 85-1.1-25R.

85-1.5-04 Judgment Docket c. 1973- + destroy 20 years after date of last entry.

85-1.5-05 Execution Docket c. 1973- + destroy 20 years after date of last entry. 85-1.5-06 Domestic Relations Index c. 1973- + maintain permanently.

May microfilm 6 years after ledger is filled. 88-1.5-07 Dissolution of Marriage Case Files 9/01/1973- + maintain in accordance with Plenary Civil Case Files, 85-1.1-25R. 90-1.5-07.1 Dismissed Divorce/Dissolution of Marriage Case Files 9/1881- + destroy in accordance with Dismissed Plenary Civil Case Files 85-1.1-26R. 91-1.5-0.8 UIRESA Uniform Support, Petition, Certificate and Order as Initiating Court Under IC 31-18-3-4 7/01/1951- + maintain 2 years after order is entered if copy of petition is maintained by prosecuting attorney. (Docket Sheet/CCS is maintained). 01-1.5-10 Reciprocal Support (RS) Case files as Responding Court under IC 31-18-3-5 destroy case files 21 years after date of last action (Applies to both adjudicated and dismissed case files.) 93-1.5-09 Court Referral Case Files (IC 31-1-23); (IC 31-1-24) 1971 - + Domestic Relations Counseling Bureau Files. Destroy files 21 years after date of last entry.

CRIMINAL (2) 85-2-01 Indictment Record-- Grand Jury (ledger) 1853-1973 transfer to Archives Division, Indiana Archives and Records Administration. 85-2-02 Indictments/Grand Jury Reports 1790- + transfer to Archives Division, Indiana Archives and Records Administration after 20 years. 85-2-03R Information Record 1853-1905 transfer to Archives Division, Indiana Archives and Records Administration.

87-2-33 Affidavit Record 1905-1973 transfer to Archives Division, Indiana Archives and Records Administration 87-2-34 Indictment/Information Record IC 35-34-1-1 1973- + transfer to Archives Division, Indiana Archives and Records Administration after 20 years. 85-2-04 Informations/Affidavits (1905-1973) 1853 - + transfer to Archives Division, Indiana Archives and Records Administration after 20 years. 85-2-05 Arrest Warrants 1790 - + file with Criminal Case File. 85-2-06 Recognizance Bonds, Criminal 1790- + transfer bonds prior to 9-01-1881 to Archives Division, Indiana Archives and Records Administration; destroy post 1881 bonds after 6 years.

85-2-07 Criminal Recognizance Bond Record (discretionary) 1790- + transfer ledgers prior to 9-01-1881 to Archives Division, Indiana Archives and Records Administration; destroy post 9/1881 ledgers 6 years after date of last entry. 85-2-08 Continuing Recognizance Bond Record (discretionary) (rare) 1790 - + destroy 6 years after date of last entry. 85-2-09 Habeas Corpus 1790 - + transfer to Archives Division, Indiana Archives and Records Administration 6 years after date of issue, if filed separately.

85-2-10 Habeas Corpus (ledger) 1790- + transfer to Archives Division, Indiana Archives and Records Administration 6 years after date of last entry. 85-2-11R Entry Docket 1790-1913 maintain permanently. 85-2-12 Entry Docket & Fee Book 1913-1990 maintain permanently; may microfilm 20 years after date of last entry. 90-2-12.1 Issue Docket, Criminal 1790-c. 1915 destroy.

85-2-13 Fee Book, Criminal to 1913 destroy if separate Entry Docket exists. If not, maintain permanently. 85-2-14 Clerk's Docket, Criminal (discretionary) 1790-1920's destroy. 85-2-15 Judge's/Bench/Court Docket, Criminal 1790-1920's destroy. 85-2-16 State Docket c. 1880's destroy. 85-2-17 Sheriff's State Docket c.

1880's destroy. 85-2-18 Docket Sheets, Criminal c. 1910's-1990 maintain permanently. May microfilm original 3 years after case is disposed of. 85-2-19R Order Book, Criminal c. 1860's-1990 (varies) maintain permanently. May microfilm after 20 years and transfer original to the Indiana Archives and Records Administration or otherwise dispose of upon approval of the Division of State Court Administration.

85-2-20 Order Book Complete, Criminal (rare) c. 1880's maintain permanently. 85-2-21R Felony Criminal Case Files 1790- to 9-01-1881 transfer all files prior to 9-01-1881 to Archives Division, Indiana Archives and Records Administration. 9/1881-1990 Maintain a 2% statistical sample, which is determined by the Division of State Court Administration with transfer to the Archives Division, Indiana Archives and Records Administration. Destroy remaining files 55 years after final disposition. Maintain packet for post- conviction relief. 87-2-21.1R Dismissed Felony Case Files 9/1881 - + destroy 2 years after order to dismiss is given.

90-2-21.2 Misdemeanor Criminal Case Files (CM) 1790- to 9/1881 transfer all files prior to 9-01-1881 to Archives Division, Indiana Archives and Records Administration. 9/1881 + Maintain a 2% statistical sample, which is determined by the Division of State Court Administration with transfer to the Archives Division, Indiana Archives and Records Administration. Destroy remaining files 10 years after final disposition. 1990- + handgun possession maintain fifteen years. 85-2-22 Judgment Docket Criminal rare as separate volume destroy 20 years after date of last entry. 85-2-23 Disfranchisement Record (rare) 1920's destroy.

85-2-24 Suspended Sentence Docket 1919-1977 destroy 55 years after date of last entry. 85-2-25 Judgment Withheld Docket 1919-1977 destroy 55 years after date of last entry.

85-2-26R Depositions Published or Unpublished 1790- + destroy after 55 years if unopened and not filed with court packet. 95-2-26.1 Misdemeanor Depositions Published or Unpublished 1852- + destroy after 10 years if unopened and not filed in court packet. 85-2-27R Shorthand Notes/Tapes/Disks Not Transcribed--Felonies 1873- + destroy 55 years after date of trial. [Criminal Rule 5] 89-2-27.1 Shorthand Notes/Tapes/Disks Not Transcribed-Misdemeanors (CM) 1873- + destroy 10 years after date of trial. 85-2-28 Transcripts for Appeals 1790- + file in Criminal Case File if copy is maintained. 85-2-29 Probation Files 1907- + destroy 6 years after release of individual from final discharge. 95-2-29.1 Court Administered Alcohol Program (CAAP) 1974- + destroy 6 years after release of individual from final discharge (Probation Department Files).

95-2-29.2 Alternative Sentencing Case Files (Work Release Files) 1991- + destroy 6 years after release of individual from final discharge (Probation Department Files). 85-2-30 General Index, Criminals varies transfer to Archives Division, Indiana Archives and Records Administration after 55 years. 85-2-31R Restitution Record IC 35-38-2-2 (1927) 1976- + destroy 6 years after date of last entry.

89-2-32R Search Warrants (Executed and Unexecuted) and not associated with a specific criminal case file 1790- + place in separate case file and assign a criminal miscellaneous case number. Destroy 20 years after issuance of warrant. (The prosecuting attorney may request a longer retention period by filing a written request specifying the length of the extended retention period) 09-2-32.1 Search Warrant Executed and associated with specific criminal case file 1790- + place in separate case file and assign a criminal miscellaneous case number. Destroy at the same time as the associated criminal case. If there is more than one associated criminal case, destroy at the same time as the case with the longest retention period. An association with a specific criminal case is created when a notice is filed with the court by the prosecuting attorney stating that a filed criminal case is associated with the executed search warrant.

Upon the filing of such a notice, an entry shall be made on the CCS in both cases noting the association. 09-2-32.2 Search Warrants Denied or Not Executed 1790- + destroy 2 years after order denying issuance of search warrant or if search is not executed (No return filed within the 2 year period presumes that warrant was not executed). 89-2-33R Certificates on Standards for Breath Test Operators, Equipment & Chemicals (IC 9-30-6-5) 1983- + destroy 10 years after filing or upon recordation in Nonjudicial Order Book 89-1.1-19.1. 05-2-34 Dismissed Misdemeanor Case Files 9/1881 destroy 1 year after order to dismiss is given. 05-2-35 Forensic Diversion Program 2004--+ destroy 6 years after release of individual from final discharge. 05-2-36 Wiretap recordings under IC 35-33.5-5-2 1990--+ Destroy after ten (10) years only upon an order of the court that issued the warrant. 05-2-37 Applications for wiretaps and corresponding warrants under IC 35-33.5-5-2 1990--+ Destroy after ten (10) years only upon an order of the court that issued the warrant.

WILLS 85-3.1-01R Recorded Original Wills 1790- + maintain permanently (as a part of the Estate Case File, or as a separate series if filed separately). May microfilm after 5 years. 85-3.1-02 Will Record 1790- + maintain permanently in original format; may microfilm or store electronically as a critical record, for security. 85-3.1-03 Transcript Will Record/original Will Record Ledger (a copy of an original ledger, copied for preservation) varies maintain both versions permanently in original format; may microfilm or store electronically as a critical record, for security. 85-3.1.04 Clerk's Report of Wills Probated in Vacation discretionary, usually from 1881, little used thereafter maintain permanently in original format; may microfilm or store electronically as a critical record, for security.

85-3.1-05 Index to Will Record discretionary maintain permanently in original format, may microfilm or store electronically as a critical record, for security. ESTATES 85-3.2-01 Appearance Docket to c. 1881 maintain permanently. 85-3.2-02 Allowance Docket to c. 1879 destroy. 85-3.2-03 Estate Entry Docket to c.

1879 maintain permanently. 85-3.2-04 General Entry Claim and Allowance Docket c. Maintain permanently.

85-3.2-05 Estate Entry Claim and Allowance Docket & Fee Book (Form 42) c. 1911- + maintain permanently; may microfilm and destroy original 3 years after date of last entry. 85-3.2-06 Vacation Entries in Estates and Guardianships discretionary c. 1920's maintain permanently.

85-3.2-07 Probate Claim Docket discretionary c. 1879 destroy.

85-3.2-08 Clerk's Minute Book, Probate/Clerk's Docket discretionary destroy. 85-3.2-09 Clerk's Docket, Sale of Real Estate discretionary destroy. 85-3.2-10 Bar Docket, Probate discretionary to c.

1920's destroy. 85-3.2-11 Bench/Estate/Judge's Docket, Probate to c. 1920's destroy.

85-3.2-12 Issue Docket, Probate discretionary to c.1913 destroy. 85-3.2-13 Transfer Docket, Probate discretionary to c. 1920's destroy. 85-3.2-14 Docket Sheets, Estate c. 1910-1990 maintain permanently may microfilm 3 years after close of case. 85-3.2-15R Probate/ Estate Case Files 1790-1990 maintain permanently (may microfilm 2 years after order of final discharge of personal representative). 85-3.2-16 Accounts Current Reports IC 29-1-1-23(f) c.

1860's- maintain as part of Probate Case File. 85-3.2-17 Claims Against the Estate 1790- + maintain as part of Probate Case File. 85-3.2-18 Sale of Real Estate, Probate 1790- + maintain as part of Probate Case File. 85-3.2-19 Settled Assignment of Estates, Probate 1790- + maintain as part of Probate Case File. 85-3.2-20 Executor's Oath & Letters (ledger) c. 1840's-1953 destroy ledger 20 years after disposal of last case.

85-3.2-21 Administrator's Oaths & Letters (ledger) c. 1840's-1953 destroy ledger 20 years after disposal of last case.

85-3.2-22 Executor's Bond Record IC 29-1-1-23(d) 1840's- 6/30/1991 destroy ledger 20 years after disposal of last case. 85-3.2-23 Administrator's Bond Record IC 29-1-1-23(d) 1840's- 6/30/1991 destroy 20 years after disposal of last case. 88-3.2-51 Personal Representatives Bonds (ledger) per IC 29-1-1-23(d) (discretionary) 1/01/1954- 6/30/1991 destroy 20 years after disposal of last entry.

85-3.2-24 Executor's Bond to Sell Real Estate (ledger) 1853-c. 1881 destroy. 85-3.2-25 Administrator's Bond to Sell Real Estate (ledger) 1853-c.

1881 destroy. 85-3.2-26 Commissioner's Bond to Sell Real Estate (ledger) 1853-1881 destroy. 85-3.2-27 Record of Additional Bonds, Estates (discretionary) c. 1881 destroy. 85-3.2-28 Commissioner's Bond Record (discretionary) c. 1881 destroy. 85-3.2-29 Executor's Bonds Oaths & Letters (ledger) c.

1853-1953 destroy 20 years after disposal of last case. 85-3.2-30 Administrator's Bonds, Oaths & Letters (ledger) c. 1853-1953 destroy 20 years after disposal of last case. 85-3.2-31 Administrator's Executor's and Guardian's Bonds to Sell Real Estate 1853 - c. 1881 destroy.

NOTE: ORIGINAL BONDS, OATHS, & LETTERS ARE APPROVED BY THE COURT, ARE ENTERED IN THE ORDER BOOK WITH ORIGINALS FILED IN THE ESTATE CASE FILES. 85-3.2-32 Record of Inventories IC 29-1-1-23(e) 1853-6/30/1991 destroy 20 years after disposal of last case.

85-3.2-33 Inventory of Surviving Partners (ledger) post 1853, discretionary destroy 20 years after disposal of last case. 85-3.2-34 Record of Inventory & Sale Bills 1853-6/30/1991 destroy 20 years after disposal of last case. 85-3.2-35 Record of Sale Bills/Account Sale of Personal Property 1853-1953 destroy. 85-3.2-36R Probate Order Book 1790-1990 maintain permanently.

May microfilm after 20 years and transfer originals to the Indiana Archives and Records Administration or otherwise dispose of upon approval of the Division of State Court Administration. 85-3.2-37R Probate Order Book, Complete c. 1920's maintain permanently. May microfilm after 20 years and transfer originals to the Indiana Archives and Records Administration or otherwise dispose of upon approval of the Division of State Court Administration. 85-3.2-38 Order Book Estates, Vacation Entries c. 1969 maintain permanently.

85-3.2-39 Assignment Order Book discretionary maintain permanently. 85-3.2-40 Probate Order Book, Transcript of Original discretionary maintain permanently. 85-3.2-41 Record of Administrator's Accounts IC 29-1-1-23(f) c. 1860's-+ 6/30/1991 maintain permanently. 85-3.2-42 Inheritance Tax Files 1913- + maintain as part of Probate Case File.

85-3.2-43 Inheritance Tax Ledger 1913- + maintain permanently, may microfilm & destroy original 15 years after date of last entry. 85-3.2-44 Judgment Docket, Probate (rare) 1790- + destroy 20 years after date of last entry.

85-3.2-45 Praecipe Book, Probate (rare) 1790- + destroy 20 years after date of last entry. 85-3.2-46 Execution Docket, Probate (rare) 1790- + destroy 20 years after date of last entry. 85-3.2-47 General Index to Estates/Probate IC 29-1-1-23 1790-1990 maintain permanently – may microfilm or store electronically for security purposes. 85-3.2-48 General Index to Probate Complete Record to c. 1920's maintain permanently.

85-3.2-49 Index to Administrator's & Executor's Bonds IC 29-1-1-23 1840's- 6/20/1991 destroy when last corresponding bond ledger is destroyed. 88-3.2-50 Fee Books, Probate 1790-c.

1913 destroy upon written approval of Division of State Court Administration. GUARDIANSHIPS 85-3.3-01 Guardianship Docket c. 1913 maintain permanently.

88-3.3-18 Guardianship Docket & Fee Book IC 29-1-1-23 1913- + microfilm and destroy original 20 years after date of last entry/close of guardianship. 85-3.3-02 Clerk's Guardianship Docket c. 1913 destroy. 85-3.3-03 Bar Docket, Guardianships c. 1920's destroy.

85-3.3-04 Bench/Judge's Docket, Guardianships 1790-c. 1920 destroy. 85-3.3-05 Guardianship Docket Sheets c. 1910-1990 microfilm and destroy original 20 years after close of case. 85-3.3-06R Case Files, Guardianships 1790-1990 maintain permanently (may microfilm 5 years after order of final discharge of guardian). 85-3.3-07 Guardianship Accounts Current Reports c. 1860's- 6/30/1991 maintain permanently.

Maintain as part of Guardianship Case File. 94-3.3-18 Record of Guardianship Accounts Current IC 29-1-1-23(f) c. 1860's- 6/30/1991 maintain permanently. 85-3.3-08 Guardian's Oaths & Letters Record 1847- + destroy ledger 20 years after close of last case. 85-3.3-09 Guardian's Bond Record 1847- 6/30/1991 destroy ledger 20 years after close of last case.

85-3.3-10 Guardian's Bond Record to Sell Real Estate 1853-c. 1881 destroy. 85-3.3-11 Guardian's Bond, Oath & Letter Record c. 1853-1953 destroy ledger 20 years after close of last case. NOTE: ORIGINAL BONDS, OATHS & LETTERS ARE APPROVED BY THE COURT, ARE ENTERED IN THE ORDER BOOK WITH ORIGINALS FILED IN THE GUARDIANSHIP CASE FILES.

85-3.3-12R Inventory Record, Guardianships 1853- + destroy 20 years after disposal of last case. 85-3.3-13 Record of Sale Bills, Guardianships 1853-1953 destroy.

85-3.3-14R Order Book, Guardianships discretionary maintain permanently. May microfilm after 20 years and transfer original to the Indiana Archives and Records Administration or otherwise dispose of upon approval of the Division of State Court Administration. 85-3.3-15 General Index Guardianships discretionary maintain permanently. 85-3.3-16 Index to Guardianship Bonds discretionary to 6/30/1991 destroy filled ledger 20 years after entry of last case. 88-3.3-17 Fee Books, Guardianships 1790-c.

1913- + destroy upon written approval of Division of State Court Administration. TRUSTS (Separate record series from probate, estates) 85-3.4-01R Trust Entry Docket Book/Trust Estate Fee Book [not required by IC 30-4-4-4(a)] -to current maintain permanently, (may microfilm after 20 years). 85-3.4-02 Trust Case Files -to current maintain permanently, (may microfilm 3 years after disposal). 85-3.4-03 Record of Trust Company Oaths (ledger) varies destroy 4 years after date of last entry. 85-3.4-04 Record of Delinquent Trust Records (ledger) varies maintain permanently. 85-3.4-05 Trustee's Miscellaneous Record of Reports (ledger) varies maintain permanently.

FAMILY LAW (4) JUVENILE COURT 85-4.1-01 Record of Affidavit for Prosecution of Juvenile (discretionary) 1903- + destroy 20 years after date of last entry. 85-4.1-02 Entry Docket/Juvenile Entry Docket, Issue Docket & Fee Book (ledger) 1903-1990 destroy 20 years after date of last entry. 85-4.1-03 Juvenile Court Docket/Judge's Docket (replaced by Docket Sheets) 1903-c. 1930's destroy 20 years after date of last entry.

85-4.1-04 Docket Sheets c. 1910-1990 destroy 20 years after last entry or 20 years after time when minor reaches majority unless expunged. 85-4.1-05 Investigator's Case Reports (ledger) 1903- + destroy 20 years after date of last entry. 85-4.1-06R Master Card Index File 1903- + destroy 20 years from date of last entry or all born prior to 12-31 of year when child is 18 years of age.

85-4.1-07 Society History Case Files 1903- + destroy 12 years after last entry or 12 years after time when minor reaches majority unless expunged. 85-4.1-08R Juvenile Order Book (ledger) 1903-1990 maintain permanently, except individual records expunged. May microfilm after 20 years and transfer original to the Indiana Archives and Records Administration or otherwise dispose of upon approval of the Division of State Court Administration. 01-4.1-29 JD case files IC 31-30-1-4 felonies committed by a juvenile under 16 years of age destroy 12 years after juvenile reaches 18th birthdate. 01-4.1-30 JD, JC, JM and JS case files Delinquency cases not under IC 31-30-1-4 for under 16 years of age and all CHINS, status and miscellaneous case files destroy 12 years after juvenile reaches 18th birthdate. 01-4.1-31 JT case files Termination of parental rights destroy 5 years after juvenile reaches 18th birthdate.

01-4.1-32 Juvenile CCS Official Chronological Case Summary maintain permanently. 01-4.1-33 Juvenile RJO Record of Judgments and Orders maintain permanently. 87-4.1-21 Dismissed Juvenile Case Files 1903- + destroy 2 years after order to dismiss is given. 85-4.1-10 Adult Causes, Contributing to Delinquency of Minor (Case Files) 1905- + destroy 20 years from final judgment/order. 85-4.1-11 Bonds 1903- + destroy 3 years after disposal of case, if such bonds are filed separately.

85-4.1-12 Record of Commitments (ledger) 1869- + destroy 7 years after release of last person named in ledger. 85-4.1-13 Record of Releases (ledger) 1869- + destroy 7 years after release of last person named in ledger. 85-4.1-14 Record or Reports from Juvenile Institutions (ledger) 1869- + destroy 7 years after release of last person named in ledger. 85-4.1-15 Juvenile Institutional Report (Case Files) 1869- + destroy 7 years after individual is released from probation.

85-4.1-16R Probation Case Files/Folders 1903- + destroy 7 years after individual is released from probation or informal adjustment and after child reaches 18th birthday. 88-4.1-23 Juvenile Probation Officer's Copy of Report Where no Delinquency is Filed varies destroy after compilation of statistics. 88-4.1-24 No Probable Cause Files varies destroy after 2 years of filing.

88-4.1-25 Statistical Sheets varies destroy upon compilation of statistics. 88-4.1-26R Shorthand Notes/Tapes/Disks Not Transcribed varies destroy 7 years after date of trial and final judgment. 88-4.1-27 Court Reporter Calendars “Court Reporter's Call Sheets” varies maintain current year and previous year and discard earlier years. 85-4.1-17 Judgment Docket, Juvenile Court 1903- + maintain for 20 years from date of last entry.

85-4.1-18 Juvenile Fee Book/Juvenile Fine and Fee Docket (ledger) 1903- + destroy 6 years after date of last entry. 85-4.1-19 General Index, Juvenile Court (ledger or card file) (discretionary) 1903-1990 destroy 20 years after date of last entry. 85-4.1-20 Juvenile Restitution Record (ledger) IC 35-7-2-1 1976- + destroy 7 years after termination of probation of last person entered.

88-4.1-22 Fee Books, Juvenile 1903-c. 1913 destroy upon written approval of Division of State Court Administration. 91-4.1-28 Juvenile Wardship Case Files 1903- + maintain under 01-4.1-30. Note: Under ACTS 1936(ss): 3:26(b), IC 12-1-3-10, 1976, County Boards of Welfare filed for “the dismissal of such guardianships”.

These Case Files are not dismissed but such agency is ending its jurisdiction in such cases. PATERNITY 85-4.2-01R Paternity Book 1941- + maintain Order permanently in court; may microfilm filled ledger for security.

85-4.2-02R Docket Sheets 1941- + maintain permanently in court; may microfilm 3 years after disposition using standards of Admin. 85-4.2-03R Paternity Case Files 1941- + maintain permanently (may microfilm after 5 years). 87-4.2-04R Dismissed Paternity Case Files 1941- + maintain permanently (may microfilm after 2 years from order of dismissal). 91-4.2-05 Shorthand Notes/ Tapes/Disks Not Transcribed 1941- + maintain permanently. ADOPTIONS 85-4.3-01R Adoption Order Book/Record 1941- + maintain permanently. May microfilm after 20 years and transfer originals to the Indiana Archives and Records Administration or otherwise dispose of upon approval of the Division of State Court Administration.

85-4.3-02R Adoption Case Files 1941- + maintain permanently (may microfilm after 5 years). 95-4.3-02.1 Dismissed Adoption Case Files 1941- + maintain permanently (may microfilm after 2 years from order of dismissal). 85-4.3-03 Adoption Docket Sheets 1941- + file with Adoption Case File.

85-4.3-04 Adoption General Index 1941- + maintain permanently in original format. 91-4.3-05 Shorthand Notes/Tapes/Disks Not Transcribed 1941- + maintain permanently. COURT-ORDERED BIRTH CERTIFICATES 85-4.4-01R Birth Certificate Record (Order Book Index of Judicial Judgment & Decree) 1941- + maintain permanently. May microfilm after 20 years and transfer originals to the Indiana Archives and Records Administration or otherwise dispose of upon approval of the Division of State Court Administration. 85-4.4-02 Birth Certificate Record--Original Pleadings 1941- + destroy 5 years after hearing. COUNTY COURT AND COURTS PERFORMING COUNTY COURT FUNCTIONS (5) 85-5.1-01R Small Claims Docket and Fee Book 1976-1990 destroy after 20 years if not used as substitute Order Book (see 85-5.1-02R). 85-5.1-02R Civil Order Book - Small Claims/ Small Claims Docket 1976-1990 maintain permanently.

May microfilm after 20 years and transfer originals to the Indiana Archives and Records Administration or otherwise dispose of upon approval of the Division of State Court Administration. 85-5.1-03R Small Claims Docket Sheets 1976-1990 maintain permanently (may microfilm 3 years after disposition) 90-5.1-03.1R Small Claims Shorthand Notes/Tapes/ Disks Not Transcribed 1971- + destroy or reuse 3 years after date of trial. See 89-1.1-26.1R for CP cases. 85-5.1-04 Judgment Docket Small Claims Rule 11 1976- + destroy 20 years after date of last entry.

85-5.1-05R Small Claims Case Files 1976-1990 destroy 5 years after order releasing judgment; or 10 years where judgment has not been ordered released or where no discharge in bankruptcy is filed. 87-5.1-21R Dismissed Small Claims Case Files 1976- + destroy 2 years after order to dismiss is given or after discharge in bankruptcy is filed. 85-5.1-06R Civil Order Book--Plenary/Plenary Docket 1976-1990 maintain permanently.

May microfilm after 20 years and transfer originals to the Indiana Archives and Records Administration or otherwise dispose of upon approval of the Division of State Court Administration. 85-5.1-07R Plenary Case Files 1976-1990 maintain in accordance with 85-1.125R 85-5.1-08R Criminal Entry Docket and Fee Book 1976-1990 maintain 55 years in original or microfilm 10 years after last entry and destroy original. 85-5.1-09 Traffic Violation Docket 1976-1981 destroy. 85-5.1-10R Infractions Order Book 1981-1990 destroy 10 years after date of last entry. 85-5.1-11R Criminal and Traffic Docket 1976-1981 if it contains Class D Felonies, maintain 55 years; if misdemeanor only, destroy after 10 years. 85-5.1-12R Criminal Order Book/Criminal & Misdemeanors 1976-1990 maintain permanently. May microfilm after 20 years and transfer originals to the Indiana Archives and Records Administration or otherwise dispose of upon approval of the Division of State Court Administration.

85-5.1-13R Case Packets, Traffic Infractions 1977-1990 destroy 10 years prior to 1981; after 9-01-1981 destroy after 2 years if court complies with IC 9-30-3-11(c), (d). 85-5.1-13.1R Traffic Non-moving Violations 1979-1990 destroy 3 years after end of calendar year and after audit by State Board of Accounts. 87-5.1-22R Case Packets, Non-Traffic Infractions 1977-1990 destroy 10 years after final judgment.

87-5.1-23R Case Packets, Ordinance Violations 1976-1990 destroy 10 years after final judgment. 90-5.1-23.1R Infraction/Ordinance Violations Shorthand Notes/Tapes/Disks Not Transcribed 1971- + destroy or reuse 2 years after final judgment.

For felony and misdemeanors see 85-2-27R and 89-2-27.1. 85-5.1-14 Case Files--Criminal & Misdemeanor 1976-1990 destroy misdemeanor case files 10 years after final disposition; maintain Class D Felonies for 55 years-1979 +. Sample CM case files in accordance with 90-2-21-2; sample felony cases in accordance with 85-2-21R. 90-5.1-14.1 Copy of Pretrial Diversion Contract and Papers Filed in County of Residence, Different From County of Conviction 1976- + retain for 2 years after contract's termination date.

85-5.1-15 General Indices 1976- + maintain for life of ledger they index. 85-5.1-16 Jury Record 1976- + destroy 3 years after date of final entry and audit by State Board of Accounts. CITY CIVIL JURISDICTION 88-5.1-24 Civil Entry Dockets 1875-1905; 1917- + destroy after 20 years by petition to county records commission. 88-5.1-25 Civil Docket Ledgers/Sheets 1875-1905; 1917- + destroy after 10 years. 88-5.1-26R Order Books (“Minute Books” Lake County) 1875-1905; 1917- + maintain permanently. May microfilm after 20 years and transfer originals to the Indiana Archives and Records Administration or otherwise dispose of upon approval of the Division of State Court Administration. 88-5.1-27 Civil Case Files 1875-1905; 1917- + destroy after 5 years from date of final judgment.

88-5.1-28 Fee Books, Civil 1875-1905; 1917- + destroy 10 years after completion of volume. SPECIAL JUDICIAL FUNCTIONS (8) 85-8.1-01R Insane Record/Mental Health Record 1848- + maintain permanently. May microfilm after 20 years and transfer originals to the Indiana Archives and Records Administration or otherwise dispose of upon approval of the Division of State Court Administration.

85-8.1-02 Insanity Inquests/M.H. Hearing, Case Files 1848-1990 destroy 7 years after discharge. 85-8.1-03R Proceedings to Recommit to a Hospital for Insane 1881-1927 maintain permanently.

May microfilm after 20 years and transfer originals to the Indiana Archives and Records Administration or otherwise dispose of upon approval of the Division of State Court Administration. 85-8.1-04R Gen. Index to Insane/Mental Health Record (discretionary) -1990 maintain permanently. May microfilm after 20 years and transfer originals to the Indiana Archives and Records Administration or otherwise dispose of upon approval of the Division of State Court Administration.

94-8.1-05 Commitment Files, Alcoholism 1929- + destroy 7 years after discharge. 85-8.2-01 Commitment Order Book, Epilepsy IC 16-14-9.1 1907-1990 transfer to Archives Division, Indiana Archives and Records Administration 20 years after last entry.

85-8.2-02 Commitment Files, Epilepsy IC 16-14-9.1 1907-1990 destroy 2 years after discharge of patient. 85-8.3-01 Commitment Order Book, Feeble-minded IC 16-15-1-2 1901-1990 transfer to Archives Division, Indiana Archives and Records Administration 20 years after last entry.

85-8.3-02 Commitment Files, Feeble-minded IC 16-15-1-2 1901-1990 destroy 2 years after discharge of patient. 85-8.4-01 Riley Hosp'l Order Book 1924-1943 transfer to Archives Division, Indiana Archives and Records Administration. 85-8.4-02 Case Files, Riley Hosp'l 1924-1943 destroy. 85-8.5-01 Commitment Files, Children to Public Hospitals 1933-1943 destroy. 85-8.6-01 IU Medical Center Order Book 1939-1943 destroy. 85-8.6-02 Case Files, IU Medical Center 1939-1943 destroy.

85-8.7-01 Record of Receiverships IC 34-2-6-1 1911-1990 destroy 20 years after date of last entry. 85-8.7-02 Files, Receivership Affidavit of Assets and Liabilities 1911-1990 destroy 20 years after filing. 85-8.7-03 Files, Receivership Claims 1911-1990 destroy 20 years after filing.

85-8.8-01R Drainage Petitions and Case Files 1881-1990 maintain permanently (may microfilm after 10 years). 85-8.8-02R Drainage Order Book 1881-1990 maintain permanently. May microfilm after 20 years and transfer of originals to the Indiana Archives and Records Administration or otherwise dispose of upon approval of the Division of State Court Administration.

GENERAL SCHEDULES (9) 87-9-01 Jury Lists (name slips and lists) 1790- + maintain for 10 years unless entered in order book. If entered in order book, destroy 2 years after drawing. 87-9-02R Order Book, Appellate Court Decisions c.

1880- + varies maintain permanently. May microfilm after 20 years and transfer originals to the Indiana Archives and Records Administration or otherwise dispose of upon approval of the Division of State Court Administration. 87-9-03R Appellate Court Decisions 1790- + maintain permanently. May microfilm after 20 years and transfer originals to the Indiana Archives and Records Administration or otherwise dispose of upon approval of the Division of State Court Administration. 90-9-04 Jury Record (List of Jurors) Serving on Specific Cases/Time Book (ledger) 1853- + destroy 3 years after volume is filled and after audit by State Board of Accounts. 90-9-05 Jury Questionnaire Forms 1881- + destroy after 2 years from date of creation. 05-9-06 Documentation supporting juror disqualifications, exemptions, and deferrals 2003--+ retain for a minimum of two (2) years.

05-9-07 Digital Master created in accordance with Administrative Rule 6 2005--+ deposit digital master (regardless of medium [used for generation of microfilm]) with the Indiana Archives and Records Administration Vault for security backup. TRIAL RULE 77 SCHEDULES (10) 94-10-01 Case Files 1991- + Apply existing schedules for each jurisdiction, adjudicated & dismissed. 94-10-02 Indexes 1991- + Apply existing schedules for each jurisdiction. 94-10-03 Chronological Case Summary (CCS) 1991- + For all types (except for IF/OV), maintain permanently. May microfilm 5 years after final disposition.

If maintained electronically, guarantee capacity to generate hard copy at any time. For IF/OV, destroy 10 years after final disposition.

94-10-04 Record of Designated Judgments and Orders (RJO) 1991 Maintain each type permanently. May microfilm 2 years after completion of volume in accordance with standards set in Administrative Rule 6. Advent Vega Usb Driver Windows 7 64. If maintained electronically, guarantee capacity to generate hard copy at any time. (A) Application. All trial courts in the State of Indiana shall use the uniform case numbering system as set forth under this rule.

(B) Numbering System. The uniform case numbering system shall consist of four groups of characters arranged in a manner to identify the court, the year/month of filing, the case type and the filing sequence. The following is an example of the case number to be employed: -CF-000123 (1) Court Identifier.

The first group of five characters shall constitute the county and court identifier. The first and second character in this group shall represent the county of filing employing the following code. The third character in the first group shall represent the court of filing employing the following code: C Circuit Court D Superior Court E County Court F Superior Municipal Division G Superior Court/Criminal Division H City Court I Town Court J Probate Court K Township Small Claims Court The last two characters of the first group shall distinguish between courts in counties having more than one court of a specific type. The following code sets forth the county and court identifier for all courts.

(2) Year/Month of Filing. The second group of four characters shall represent the year and month of filing. As shown above, digits one and two of this group denote the last two digits of the calendar year and digits three and four reflect the month of filing. (3) Case type. The third group of two characters shall designate the type of proceeding utilizing the following case classification code: MR-- Murder CF-- Criminal Felony (New CF case numbers shall not be issued after. CF cases filed prior to 1/1/2002 shall continue to bear the CF case type designation.

Forms (FILED WITH TRIAL COURT CLERK) (TENDERED IN OPEN COURT) (that is not necessary to the disposition of the case) (A) Scope and Purposes. (1) Pursuant to the inherent authority of the Indiana Supreme Court and pursuant to Indiana Code § 5-14-3-4(a)(8), this rule governs public access to, and confidentiality of, Court Records. Except as otherwise provided by this rule, access to Court Records shall be governed by the Indiana Access to Public Records Act (Indiana Code § 5-14-3-1, et. (2) The purposes of this rule are to: (a) Contribute to public safety; (b) Protect individual Due Process rights and privacy interests; (c) Minimize the risk of injury to individuals; (d) Promote accessibility to Court Records; (e) Promote governmental accountability and transparency; (f) Protect proprietary business information; and (g) Make the most effective use of Court and Clerk of Court staff. (3) This rule applies only to Court Records as defined in this rule and does not authorize or prohibit access to information gathered, maintained, or stored by a non-judicial governmental agency or other entity.

(4) Disputes arising under this rule shall be determined in accordance with this and, to the extent not inconsistent with this rule, by all other rules of procedure, evidence, and appeal. (5) This rule applies to all Court Records; however, Clerks or Court and courts need not redact or restrict information that was otherwise public in Case Records and Court Administrative Records created before January 1, 2005. Commentary The objective of this rule is to provide maximum public accessibility to Court Records, taking into account public policy interests that are not always fully compatible with unrestricted access. The public policy interests listed above are in no particular order. This rule attempts to balance competing interests and recognizes that unrestricted access to certain information in Court Records could result in an unwarranted invasion of personal privacy or unduly increase the risk of injury to individuals and businesses. This rule recognizes there are strong societal reasons for allowing Public Access to Court Records and denial of access could compromise the judiciary's role in society, inhibit accountability, and endanger public safety.

This rule starts from the presumption of open Public Access to Court Records. In some circumstances; however, there may be sound reasons for restricting access to these records. This rule recognizes that there are times when access to information may lead to, or increase the risk of, harm to individuals. However, given the societal interests in access to Court Records, this rule also reflects the view that any restriction to access must be implemented in a manner tailored to serve the interests in open access.

It is also important to remember that, generally, at least some of the parties in a court case are not in court voluntarily, but rather have been brought into court by plaintiffs or by the government. A person who is not a party to the action may also be mentioned in the Court Record. Care should be taken that the privacy rights and interests of such involuntary parties or ‘third’ persons are not unduly compromised.

Subsection (A)(3) is intended to assure that Public Access provided under this Rule does not apply to information gathered, maintained or stored by other agencies or entities that is not necessary to, or is not part of the basis of, a court's decision or the judicial process. Access to this information is governed by the law and the access policy of the agency collecting and maintaining such information. The ability of a computer in a court or clerk's office to access the information because the computer uses shared software and databases does not, by itself, make the information subject to this rule. The Division of State Court Administration may provide advisory information to individuals or entities about the provisions, restrictions, and limitations of this rule. (B) Who Has Access Under This Rule.

(1) All persons have access to Court Records as provided in this rule, except as provided in section (B)(2) of this rule. Appendix 17A Sample Administrative Rule 17 Petition (B) Trial court petition. When it becomes apparent to the local trial court(s) that an emergency exists, the local trial court(s) shall: 1.

Confer with the clerk, bar representative and local official, as the trial court(s) deem necessary and appropriate. Petition the Supreme Court for emergency relief stating: the emergency, the effect it is having or will have on the local administration of justice, the anticipated duration, and any additional information that would aid the Court in its decision making process. Submit the trial court’s plan for all civil and criminal matters during the emergency. The petition shall be filed with the Clerk of the Court, with a copy provided to the Division of State Court Administration.

The Division of State Court Administration shall create form petitions available for trial court use. (C) When the Supreme Court determines that the petition is made for good cause shown, the Supreme Court may promptly issue an administrative order addressing the emergency on such terms and conditions as it deems appropriate. (A) Application of Rule. The courts of record in a county that are authorized to impose probation shall adopt a plan by which the county will operate a unified or consolidated probation department.

(B) The management and governance of the department and any divisions within the department is to be determined by the supervising judge, and may include arrangements on who shall have the authority to appoint probation officers, assign probation officers to a particular court, and remove probation officers. (C) Definitions. The following definitions shall apply under this administrative rule: (1) Chief probation officer means a probation officer designated to direct and supervise the work of the probation department.

(2) Separate juvenile probation department means a probation department established before January 1, 2010, with a chief probation officer that supervises only juvenile probation officers and probation officers that supervise only juvenile offenders. (3) Supervising judge means the judge, judges, board of judges, or chief judge responsible for the governance/oversight of the probation department. (4) Unified or Consolidated probation department means a single, county-funded probation department that is directed by a single chief probation officer. A unified or consolidated probation department may contain separate divisions such as felony, misdemeanor, adult, juvenile, Court Alcohol & Drug, or pre-trial divisions.

(D) Annual Certification Reports. A report certifying that a county has adopted a plan for a unified or consolidated probation department, or has adopted a plan for a unified or consolidated adult probation department and a separate juvenile probation department, shall be filed with the Indiana Judicial Center by March 1 annually.

The annual report shall be submitted on a form drafted by the Indiana Judicial Center and shall also include certification of department compliance with education and salary standards for probation officers. (E) Judge’s Confirmation of Reporting. The supervising judge of the unified or consolidated probation department shall review and confirm, through a process established by the Indiana Judicial Center, the completion and filing of the annual certification report. (F) Plan for Unified or Consolidated Probation Department. (1) Counties in which only one court of record is authorized to impose probation. Counties in which only one court of record is authorized to impose probation shall certify to the Indiana Judicial Center by October 1, 2011 that the county operates a unified or consolidated probation department.

(2) Counties in which more than one court of record is authorized to impose probation. Counties in which more than one court of record is authorized to impose probation shall certify to the Indiana Judicial Center that the county operates a unified or consolidated probation department or file an initial plan for the implementation of a unified or consolidated probation department by October 1, 2011.

In 2003, Washington became the first state to criminalize human trafficking. Since then, every state has enacted laws establishing criminal penalties for traffickers seeking to profit from forced labor or sexual servitude. The laws vary in several ways including who is defined as a “trafficker,” the statutory elements required to prove guilt in order to obtain a conviction and the seriousness of the criminal and financial penalties those convicted will face.

Sex Trafficking Common potential sex trafficking venues: • Hostess/Strip Club-Based • Residential Brothels • Street-Based • Online Advertisements • Commercial-Fronted Brothels Labor Trafficking Common potential labor trafficking venues: • Domestic Work • Traveling Sales Crews • Restaurants/ Food Service • Agriculture • Commercial-Fronted Brothels • Health and Beauty Services Source:, t op venues/industries for sex and labor trafficking (for updated statistics on the potential number of cases reported at these venues follow the link). DEFINING TRAFFICKING ACTIONS State laws include a wide variety of activities under their definition of trafficking. Differences in trafficking definitions are critical to identifying who has criminal culpability. Most commonly, trafficking activities are defined as the recruitment, transportation, transfer, harboring or receipt of persons for the purpose of exploitation. Some jurisdictions have expanded their definition of trafficking by including activities like purchasing, benefitting or profiting.

• Alaska identifies anyone who benefits from trafficking in any way as being guilty of human trafficking in the 2nd degree. Direct involvement is 1st degree trafficking. • Alabama, Georgia and Mississippi allow, under certain circumstances, businesses and corporations to be prosecuted for trafficking crimes. • Vermont’s trafficking definition includes “benefitting financially” from participation in a venture where a person is compelled to engage in commercial sex. MEANS OF TRAFFICKING In order to obtain a trafficking conviction, state laws, in most instances, require that prosecutors prove traffickers compelled their victims into labor or sexual servitude. The majority of laws include the elements force, fraud and coercion, but their definition can vary greatly from state to state.

For example, in some states, their definition focuses primarily on the use of physical force. Other states more broadly include psychological control, financial threats, legal harassment and drug addiction. • California’s trafficking statute applies to actions that would deprive someone of their liberty, including coercion, violence, menace and duress. • Oklahoma’s definition of coercion includes destroying, concealing, removing, confiscating or possessing any actual or purported passport, labor or immigration document, or other government identification document, including a driver license or birth certificate. • Trafficking actions in Wisconsin's statute include debt bondage, extortion, fraud and deception. PENALTY ENHANCEMENTS State trafficking laws address many factors and circumstances that can enhance the criminal penalties for trafficking crimes.

Laws for example, can assign more severe or additional penalties for trafficking when the crimes are committed against vulnerable populations like children, undocumented immigrants and people with a mental illness, or are effectuated through aggravating circumstances like the use of violence, branding or drug addiction. Aggravating Circumstance Examples: • Nebraska raises labor trafficking from a class III to a class IIA felony when coerced by inflicting, or threatening to inflict, serious injury. • New York raises labor trafficking from a class D to a class C felony when compelled by using a controlled substance to impair a person’s judgement. • Utah raises the penalty for human trafficking from a second degree felony to a first degree felony when it results in death or serious bodily harm, involves rape or sodomy, involves 10 or more victims, or involves a victim who is held against their will for longer than 30 days.

PENALTIES FOR BUSINESSES Some states have enacted measures that specifically address penalties that apply to a business entity if it is has committed, or has been used in committing, a human trafficking crime. Laws also create procedures for the dissolution of the business entity, as well as, establish additional fines.

Criminal Penalties and Fines • Alabama law makes a business entity criminally liable for human trafficking if an agent, by act or omission, performs an element of the crime while acting within the scope of his or her duties and the crime was authorized, requested, commanded, performed in a way that the entity knew or should have known was occurring. • Massachusetts enables a business entity that commits trafficking of persons for forced labor services to be fined up to $1,000,000.

The state also holds any business that knowingly aids, or is jointly involved in, labor trafficking civilly liable. • South Carolina law requires an additional penalty of up to ten years in prison if a business owner used his or her business to facilitate sex or labor trafficking crimes. Business Dissolution • Hawaii requires, upon a conviction for labor trafficking, that the court revoke any business license issued by the state to the enterprise that the convicted person used to facilitate the offense. • For businesses found guilty of trafficking, Minnesota law enables, in addition to criminal penalties, a court to dissolve or reorganize an entity, suspend or revoke any license or permit granted by a state agency, or order the surrender of its charter or its certificate to conduct business in the state. • In Vermont, if any business is found guilty of human trafficking, the Attorney General is empowered to commence a proceeding in the Civil Division of the Superior Court to dissolve it.

ADDRESSING DEMAND FOR COMMERCIAL SEX. • South Dakota’s law assesses a class 1 misdemeanor for hiring a person for sexual activity, unless the person should have known they were hiring someone forced to engage in this activity through trafficking, then it is a class 6 felony. • Washington identifies anyone who purchases a sexually explicit act as a human trafficker guilty of a class A felony. STATISTICS Estimating how prolific trafficking crimes are in the U.S.

Is challenging. Currently there is uneven data, particularity across state and local jurisdictions, concerning the extent to which state laws criminalizing trafficking have acted as an effective deterrent or been utilized in prosecutions. The efforts states and the federal government have made to track trafficking investigation and prosecution data are provided in the reports below. Resources with Trafficking Statistics. State lawmakers have legislated several criminal protections and civil remedies for trafficking victims in the judicial system.

Measures have provided immunity to, diversion from, and affirmative defenses against, criminal prosecution for actions victims were forced to commit by their traffickers. Laws additionally create mechanisms to seal, vacate or expunge previous criminal convictions and provide for civil standing and restitution procedures that enable survivors to recover financially from their traffickers.

CRIMINAL PROTECTIONS Criminal protections for trafficked survivors have been implemented at different stages in the justice process. • Immunity & Diversion - measures to prevent or divert survivors from the justice system. • Affirmative Defense - measures ensuring survivors’ experiences are considered by courts.

• Vacation and Expungement - measures enabling survivors to clear their criminal records. FINANCIAL RECOVERY Lawmakers have also created mechanisms to help survivors recover financially from their traffickers. • Restitution - as part of the criminal process, requires convicted traffickers to pay survivors for damages. • Civil Standing - enables survivors to recover civilly for damages against them. • Forfeiture - criminal forfeiture enables justice officials to seize assets used in, or benefitted from, criminal conduct. IMMUNITY and DIVERSION To prevent arrested victims from entering the justice system, state laws can provide for immunity from prosecution or diversion to rehabilitative services. Many states apply these protections only to trafficked youth, as they are considered the most vulnerable population.

Laws also charge agencies with developing comprehensive plans for assisting trafficked youth once they are identified and diverted from the justice system. Diversion options may require the admission of guilt, or entering a conditional plea. Diversion Immunity Diversion and Immunity • Kentucky, Montana, North Dakota and Oklahoma require that a youth be a victim of trafficking crimes to receive immunity. • North Dakota provides immunity for misdemeanor forgery, misdemeanor theft, credit offenses and controlled substances crimes in addition to prostitution. • Kentucky provides immunity from prosecution for status offenses committed by trafficked youth.

• Nebraska and Wyoming are the only states to provide immunity from prosecution for trafficked children and adults. AFFIRMATIVE DEFENSE The majority of states enable trafficked victims to assert an affirmative defense to criminal charges they face as a result of actions they were forced to commit by their traffickers. An affirmative defense is evidence that, if found credible, negates criminal liability even if it is proved the defendant committed the acts at issue. Statutes differ in the crimes for which an affirmative defense can be raised, but many cover prostitution, loitering and solicitation. • Colorado allows an affirmative defense to be asserted if a person was under duress or coerced into committing offenses that were a direct result of, or incident to, trafficking.

• Illinois enables trafficked victims to assert an affirmative defense for charges of lewdness, prostitution and obscenity. • Maryland requires a defendant wishing to assert an affirmative defense to notify the State’s Attorney at least 10 days prior to trial VACATING AND EXPUNGING Many trafficked survivors have criminal records as a result of actions they were forced to commit by their traffickers. At least 27 states have created procedures for survivors to expunge, vacate or seal criminal records related to being trafficked. Clearing a survivor’s criminal record removes barriers to obtaining housing, gaining employment, pursuing education and restoring certain civic rights. • Iowa enables those who were under 18 at the time of their conviction for selling sexual services, and who haven’t committed a subsequent offense, to petition the court for expungement. • New Mexico enables a trafficked survivors’ record to be sealed for non-homicide crimes if their involvement was due to duress, coercion, use of force or fraud.

• Washington provides survivors with procedures to vacate their prostitution convictions if it resulted from certain crimes committed against them. The crimes are promoting commercial sexual abuse of a minor, promoting prostitution in the first degree or trafficking. RESTITUTION When traffickers are convicted of their crimes, laws in many states require that they pay restitution to their victims. The goal of restitution in criminal cases is to address financially the harms done to a person in order to make them whole. State restitution laws in trafficking cases may contribute to payment for medical and psychological services, housing, child care, property costs, repatriation and the cost of labor provided.

• Alabama requires forfeited proceeds from human trafficking crimes to first satisfy restitution. • North Carolina requires restitution be paid in an amount equal to the value of the survivors' labor according to the Fair Labor Standards Act. • Texas requires a person convicted of compelling prostitution to pay restitution in an amount equal to the cost of the medical and psychiatric treatment for all victims under 18 years of age. CIVIL STANDING State laws provide guidance on the civil suits survivors can bring against their traffickers. These laws can establish in which court a survivor can file their suit, what sort of damages can be recovered (actual damages, compensatory damages, punitive damages, injunctive relief, attorney costs and fees, treble damages, etc.) and the statute of limitations for their case to be brought to court. • Massachusetts requires a civil action to be brought within 3 years of the victim being identified, or if they were a child, within three years after they reach 18.

• Nevada enables a prevailing plaintiff in a civil action to also be awarded attorney costs and fees. • West Virginia allows a trafficked survivor to recover treble damages if the defendant's acts were willful and malicious Forfeiture State laws enable justice officials to seize the property and assets of individuals and business entities convicted of committing trafficking crimes.

Assets able to be seized can include profits, buildings and vehicles. States can direct funds specifically to victims of trafficking crimes via special funds or restitution, to government entities incurring costs of investigation or prosecution or to funds for general victim services. • Alabama law requires the forfeiture of assets used in first and second degree human trafficking. The assets are required to first be used to pay restitution to trafficking victims, then to pay damages awarded to survivors in a civil action, next to the cost of the investigation and prosecution of trafficking crimes, with the remainder going towards the Alabama Crime Victims Compensation Fund.

• Rhode Island requires any person convicted of involuntary servitude or sex or labor trafficking to forfeit any profits, proceeds or property interest acquired or maintained as a result of the criminal activity. All forfeited proceeds will be deposited in the general fund. • Wyoming requires the forfeiture of all buildings knowingly used to further human trafficking if the owner has knowledge of, or gives consent, to its use. Immunity & Diversion AL §§ 13A-12-123, 12-15-701, 13A-6-181 AR § 9-27-323 CA Penal Code § 236.13, Penal § 647, Welf.

& Inst.Code § 18259, Welf. & Inst.Code § 300 Welf. & Inst.Code § 305 CT §§ 53a-82, 7a-106f DE 11 § 787 DC § 22-2701 FL §§ 409.1754, 796.07, 39.524 HI § 712–1200 IL 720 § 5/11–14 IA § 725.1 KS §§ 38-2231, 38-2232 KY §§ 15A.068, 630.125, 620.029, 529.120 MI § 750.451 MN §§145.4716, 260B.007, 260C.007, 626.558 MS § 97-3-54.1 MT § 45-5-709 NE § 28-801 NH § 645:2 NY Crim. § 170.80 NC §§ 14-204, 14‑205.1 ND §§ 12.1-41-12, 12.1–41–17 OK 21 § 748.2 PA 18 § 3019 SC § 16-3-2020 TN § 39-13-513 TX Fam. § 54.0326 UT § VT 13 § 2652 WA §§ 13.40.213, 13.40.219 WI § 944.30 WY §§ 6-2-708, 6-2-709.

Affirmative Defense AL § 13A-6-159 AZ § 13-3214 AR § § 5-70-102, 5-70-103 CA Penal Code § 236.23 CO § 18-7-201.3 CT § 53a-82 DE 11 § 787 GA § 16-3-6 IL§§ 725 § 5/115-6.1, 720 § 5/11-14 KS § 21-6419 KY § 529.170 LA §§ 14:89.2, 14:83.3, 14:83.4, 14:46.2, 14:89 MD Crim., § 11-306 MA 265 § 57 MN § 609.325 MS § 97-3-54.1 MO § 566.223 MT § 45-5-710 NE § 28-801 NH § 645:2 NJ §§ 2C:34-1, 2C:13-8 NY Penal § 230.01 OK 21 § 748 OR§ 163.269 PA 18 § 3019 RI § 11-34.1-2 SC § 16-3-2020 SD § 22-23-1.2 TN § 39-13-513 VT 13 § 2652 WA § 9A.88.040. Civil Standing AL § 13A-6-157 AR § 16-118-109 CA Civ § 52.5 CO § 13-21-127 CT § 52-571i DE 11 § 787 FL § 772.104 IN § 35-42-3.5-3 KS § 60-5003 KY § 431.082 LA § 46:2163 ME 5 § 4701 MA 260 § 4D MS § 97-3-54.6 MO § 566.223 MT § 27-1-755 NE § 25-21,299 NV § 41.1399 NM § 30-52-1.1 NH § 633:11 NJ § 2C:13-8.1 NY Soc. § 483-bb ND § 12.1-41-15 OH § 2307.51 OK 21 § 748.2 PA 18 § 3051 SC § 16-3-2060 SD § 20-9-46 TN § 39-13-314 UT § 77-38-15 VT 13 § 2662 WA § 19.320.040 WV § 61-2-17 WI §§ 940.302, 948.051. Providing services to survivors of human trafficking is critical, as is the funding for those services. States provide many different types of services, from legal services to housing assistance, which differs state to state.

In addition, the funding for these services varies greatly across states, with some setting up special funds to address human trafficking while others provide for targeted services in budget line items. Services The Trafficking Victims Protection Act of 2000 establishes the 3P approach to addressing human trafficking encompassing prevention, protection, and prosecution. Since 2000 the concept has been expanded to include partnership, recognizing the need for multiple agency coordination in order to properly address the issue.

Trafficking survivors require a range of different services, which vary depending on the specific needs of the individual survivor. Required services may include shelter, advocacy, health care, legal assistance, mental health services, or many others. For example, an, released in 2015, documented the demographics of child trafficking survivors as well as the services provided by three grant-funded direct service providers in San Francisco, Chicago and New York City.

Code § 12-19-104: immigration • Cal. Code § 18945 • Fla.

§ 402.87 • N.Y. § 483-DD • N.C. § 14-43.11(d) State Special Funds At least 22 states have created funds to pay for anti-trafficking efforts, including training of law enforcement and attorneys general and for the provision of services to survivors of human trafficking (see map). A study released in 2015 highlights the impact of state investment, “any state investment in human trafficking is important in generating human trafficking arrests and prosecutions.” States also generate funds for services by levying fines on sex traffickers and purchasers of commercial sex, U.S. Department of State, July 2015. For example, in Louisiana the crime of purchasing commercial sexual activity carries increased fines based on the number of convictions and the age of the person from whom sex is being purchased.

If the person is under 18, the maximum fine that can be imposed is $50,000; for those who purchase sex from children under 14, the maximum fine is $75,000. California’s law fines those convicted of labor, sex and child traffickers up to $500,000 in addition to providing for prison sentences. Examples of states that created statutory special funds to provide training and services are included in the map and the citations below. The statutes vary from state to state. Georgia, Louisiana and Oregon have funds that apply only to children who are survivors of sex trafficking. Arizona, California and Hawaii specifically mention that the fund is available to both child and adult survivors of sex and labor trafficking. The remainder are general to all survivors of human trafficking and may be applied broadly.

§ 41-114 • Ark. § 16-92-119 • Cal. Code § 8590.7 • Cal. Code § 18809.2 • Ga. Code § 15-21-200 et.seq. • Hawaii Rev. § 706-650.5 • Ill.

730, § 5/5-9-1.21 • Ind. Code § 5-2-6-25 • Iowa Code §915.95 • Kan. § 75-758 • Ky. § 529.140 • La. § 15:539.2 • Mass. 10, § 66A • Mich.

Laws § 752.975 • Miss. Code § 97-3-54.8 • Mont. Code §44-4-1504 • Neb. § 81-1429.02 • Nev. § 217.500 et.seq.

§ 52:17B-238 • Ohio Rev. Code § 5101.87 • Or. § 147.480 • Tenn. Code § 39-13-312 Instead of providing a special fund, some states provide for specific services in line items of budget bills.

For example, Virginia (2015 HB 5002) reads: “Out of this appropriation, $100,000 the first year and $100,000 the second year from the general fund shall be provided to contract with Youth for Tomorrow (YFT) to provide comprehensive residential, education and counseling services to at-risk youth of the Commonwealth of Virginia who have been sexually exploited, including victims of sex trafficking” Other Resources •, National Institute of Justice, Final Report, 2014 • Final Report:, Family & Youth Services Bureau, Administration for Children & Families, U.S. Department of Health & Human Services, 2016 •, Texas Christian University Department of Political Science, Northeaster University School of Criminology and Criminal Justice • JuST Response State System Mapping Report,. Provides examples and comparisons from Florida, Illinois, Kansas, Kentucky, Ohio, Minnesota, Tennessee, and Washington •, U.S. Department of State, July 2015 • Attorney General’s, Fiscal Year 2015. To appropriately respond to the crime of human trafficking, state policymakers believe coordination of anti-trafficking efforts among various state and federal agencies is key. Several states have enacted legislation creating statewide work groups, task forces, advisory groups and the like to better coordinate services between the criminal justice, juvenile justice and child welfare agencies. Coordination Efforts in the States In recent years, nearly every state has created a working group, task force, advisory group, initiative or the like, to promote and encourage the cooperation and coordination among law enforcement, justice departments, and child welfare agencies, in addition to other important stakeholders.

Legislatively Created Statewide Task Forces. • 2014 AL HJR 270 • Arkansas Code § 12-19-101 • California 2016 AB 1731 (Pending) • Colorado Rev. § 18-3-505 • Connecticut Gen. § 46a-170 • Delaware Code tit.

11, § 787(k) • Florida Stat. Ann § 16-617 • Guam Code Ann. § 26.20 • Illinois Rev. 20, § 505/5.05 • Illinois 2015 HB 2822 • Kentucky Rev. § 15.706 • Louisiana 2013 SCR 27 • Maryland 2015 HB 456 • Maryland 2016 SB 863 • Michigan Comp.

Laws § 752.971 et.seq. • Minnesota Stat.

§ 145.4717 • Mississippi Code Ann. § 97-3-54.9 • Missouri 2016 HB 2116 • Nebraska Rev. § 81-1430 • New Jersey Stat.

§ 52:17B-237 • New Mexico Stat. § 30-52-3 • New York Soc. Law § 483-ee • North Carolina Gen. § 114-70 • North Dakota Cent. Code § 54-12-33 • Rhode Island Gen. Laws § 11-67-7 • South Carolina Code § 16-3-2050 • Tennessee Code § 4-3-3001 through § 4-3-3002 • Texas Govt. Code § 402.035 • Washington Rev.

Code § 7.68.350 Executive Statewide Initiatives/Task Forces. Reports Issued by Task Forces • ​2011 MA HB 3808: Interagency Human Trafficking Policy Task Force () • 2010 PA SR 253: Advisory Group Report Preventing Sex Trafficking and Strengthening Families Act The Preventing Sex Trafficking and Strengthening Families Act of 2014 (Public Law 113-183) placed requirements upon states to address child sex trafficking among the children under the child welfare agency’s care and supervision. To foster coordination, the Preventing Sex Trafficking Act established a National Advisory Committee on the Sex Trafficking of Children and Youth in the U.S. To advise policymakers on policies to improve the nation’s response to the sex trafficking of children and youth. These include the coordination of federal, state, local and tribal governments, child welfare agencies, social service providers, health and mental health, victim services, state and local courts responsible for child welfare and others to develop and implement successful interventions with vulnerable children and youth and to make recommendations for administrative and legislative changes. In addition to the state requirements in the timeline below, a few requirements are placed on the U.S. Department of Health and Human Services (HHS) including: • Reporting the number of children in the care of state child welfare agencies who were identified as sex trafficking victims to Congress and the public.

• Reporting to Congress annually on the number of child victims and on children who have run away from foster care including their risk of becoming sex trafficking victims—characteristics, potential factors associated with children running away from foster care, information on children’s experiences while absent from care and trends in the number of children reported as runaways in each fiscal year; state efforts to provide services and placements; and, state efforts to ensure children in foster care form and maintain long-lasting connections to caring adults. Here is a timeline for state action to comply with the Preventing Sex Trafficking Act: While most of these requirements fall on the state child welfare agencies, several state legislatures have passed legislation to require the identification and screening of, as well as the provision of services to children affected, or at risk of being affected by sex trafficking, particularly foster youth. In addition, states have passed legislation to require the reporting of missing children, who are under the care and supervision of the state child welfare agency, to the National Crime Information Center (NCIC) as well as the National Center for Missing and Exploited Children (NCMEC).

This is an ongoing area of law and more states are introducing and enacting legislation each day. For up to date legislative tracking information, contact Meghan McCann, or visit NCSL’s webpage. Timeline for state action to comply with the Preventing Sex Trafficking Act. Effective Within One Year of Enactment: • States must develop policies and procedures to identify, document, screen and determine appropriate services for children under the child welfare agency’s care and supervision, who are victims of, or at risk of, sex trafficking. • Child welfare agencies must develop and implement protocols to locate children who run away or are missing from foster care, determine the child’s experiences while absent from care, develop screening to determine if the child is a sex trafficking victim, and report information to HHS. Due to the covert nature of trafficking crimes, the public is often unaware that they can occur close to home, and that businesses in their neighborhood may benefit from, or be used as conduits for, sex and labor trafficking.

State actions to raise public awareness of trafficking, and mitigate its influence on commerce, include disseminating information on trafficking crimes, services and prevention efforts, and setting standards in certain industries for licensing, advertising, training and disclosure. Public Awareness Laws Raise Trafficking Awareness by: • Disseminating information about the national human trafficking hotline. • Requiring state entities to engage in public awareness campaigns. • Commemorating efforts to combat trafficking. Business Regulations Laws Regulate Businesses by: • Requiring disclosures of anti-trafficking efforts. • Encouraging voluntary anti-trafficking commitments. • Setting standards for licensing in some professions and for advertising certain services.

• Requiring anti-trafficking training National Human Trafficking Hotline Twenty-nine states and the District of Columbia have laws that promote access to information about human trafficking through the use of the National Human Trafficking Hotline. The hotline is a telephone and web service that members of the public can call to report suspected cases of trafficking, survivors can call for help, or interested persons can contact for trafficking information. Laws require or encourage the dissemination of information about the hotline, charge state entities with creating educational information for awareness about the hotline and mandate certain business and facilities post information related to the hotline. State laws addressing the hotline information either require it be posted in certain locations or encourage its dissemination.

Statutorily enumerated locations signs are to be posted include: • Agricultural labor contractors. • Lodging facilities. • Adult entertainment services. • Airports, train stations and bus stations. • Hospitals and urgent care centers. • Rest areas and truck stops. • Restaurants, bars, night clubs.

• Any location declared a nuisance. • Major sporting events or conventions. • Massage services.

Laws also require state entities to develop signs to promote information about the hotline. To the right is an example from Tennessee, where posting it is voluntary. Source: Tennessee Department of Labor and Workforce Development Requires Encourages Information Campaigns In order to draw attention to human trafficking crimes and the efforts to combat them, states have charged a variety of entities within their borders with raising the public’s awareness. Generally these entities have many other duties including coordinating state resources to provide services to trafficking survivors and implementing training protocols on trafficking for state employees.

In addition, states also commemorate efforts against trafficking by granting special recognition during specific days and months. Entities Charged with Public Awareness: • Mississippi charges its statewide human trafficking coordinator with creating a website to promote its own work. • North Dakota charges the state’s human trafficking commission with promoting public awareness of human trafficking, victim services, and prevention efforts.

• South Carolina charges its interagency task force with developing a public awareness program that, in part, will educate potential victims of the risks of human trafficking. State Commemorations: • Hawaii designates January as “Human Trafficking Awareness Month” to promote public awareness of human trafficking as a significant societal and public health crisis. • New Jersey designates Jan. 11 as “Human Trafficking Awareness Day,” with the purpose of raising awareness about the signs and consequences of human trafficking and to promote its opposition. Businesses Disclosures Texas lawmakers, in 2015, enacted the, to be operated by the secretary of state. Companies that voluntarily join the partnership must adopt a zero tolerance policy on trafficking, ensure their employees comply with that policy, participate in public awareness campaigns, and develop best practices for combatting trafficking. Participating entities will receive a certificate of recognition from the secretary of state.

The partnership began accepting members in 2016 In 2010, California lawmakers enacted the to require retail and manufacturing businesses operating in California, who have over $100 million in annual worldwide gross receipts, to publically disclose their efforts to eradicate human trafficking from their supply chains. The goal of the law, as stated in the legislation, is to educate consumers so that they are not inadvertently supporting trafficking crimes, and can make market influencing purchase decisions with this information. • The California Franchise Tax Board says nearly 3,200 businesses are subject to the law’s requirement. • In 2015, to help companies by providing model disclosures and giving them guidance on enhancing their consumers’ understanding of its anti-trafficking and anti-slavery efforts. • The law does not force companies to expand or adopt new policies to eradicate trafficking in their supply chains, only to disclose their efforts. “Sweatfree” Procurement by State Agencies California also requires their state agencies have. Specifically, the law mandates all contractors who contract with state agencies for the procurement, or laundering, of apparel to certify that no work was provided through the use of forced labor or exploitation.

The law requires the Department of Industrial Relations to create a contractor responsibility program and code of conduct to be signed by all bidders on state contracts. The law does not apply to public works contracts. Contractors are required, among other standards, to: • Comply with laws concerning wages, overtime, workplace safety, non-discrimination standards and rights to association and assembly. • Have a policy of only firing employees for just cause and provide employees access to a mediation process to resolve certain workplace disputes.

• Never use forced labor, child labor, or allow any youth under the age of 15 to be employed in the manufacturing process. • Lying about any of these elements is a misdemeanor. Sanctions for violations by a contractor can include: • The contract being voided at the discretion of the state agency involved. • A fine of the greater of $1,000 or 20 percent of the value of the goods. • A contractor being removed from the bidders list for up to 360 days. Licensing & Advertising Certain industries have higher a reported number of incidents of human trafficking abuses than others.

In order to aid in anti-trafficking efforts for those businesses, some states have instituted requirements to license professionals and set standards for the advertisement of their services. • Florida requires anyone employed by a massage establishment to immediately present, upon request of a law enforcement officer, a valid government ID. • Indiana requires adult entertainment business to be licensed and performers to provide proof of their age and legal United States residency by a government issued ID. Maya 2014 Xforce Keygen more. • Arizona requires advertisements for massage therapy businesses and escort services to include the license number for the individual and/or the business.

The fine for violating the law is $500 for a first. • Requires massage services to keep records of their employees for at least one year, proving the age of any therapist whose services are offered in any advertisement. Training Requirements At least 38 states and the District of Columbia have enacted laws to require certain public agencies and/or private businesses to train their staff to appropriately recognize, report or respond to human trafficking crimes and victims. Common professions required to receive human trafficking training include police and other first responders, judicial officials, school employees, medical professionals and social services workers. In addition, at least six states have expanded those training requirements to the private sector. Private Sector Training • Connecticut requires the commissioner of children and families and the commissioner of emergency services and public protection, in consultation with lodging associations, to recommend training programs for the accurate and prompt reporting of suspected human trafficking.

Prior to Oct. 1, 2017, the operator of each lodging service must certify that each employee has received training. • Iowa’s law requires the crime victim assistance division of the department of justice to develop and conduct training programs for the general public and persons conducting business in industries that have a high statistical incidence of debt bondage or forced labor. The programs shall train participants to recognize and report incidents of human trafficking and to suppress the demand that fosters exploitation of persons and leads to human trafficking. • New Jersey requires the department of community affairs to implement a training course, and provide training materials, on handling and responding to suspected cases of human trafficking for owners and staff of hotels and motels. Training must be completed within six months of hotel/motel ownership or employment.

Public Sector Training • Nebraska’s Human Trafficking Task Force is required to develop training concerning human trafficking for prosecutors, public defenders, judges, juvenile detention center staff, and others involved in the juvenile justice and criminal justice system. • In Tennessee, the Bureau of Investigation is charged with training law enforcement and other government officials who are directly involved with the investigation and intake of human trafficking complaints. Training, where appropriate, must include presentations by human trafficking experts with experience in the delivery of direct services to victims of human trafficking.