Effective July 1st there are several new
laws that will take effect and impact Odyssey configuration. We want you
to be aware of the changes that have been made for the various bills affecting
the courts and clerks. Below is a summary of the bills and processes as
well as information regarding configuration completed and any steps you will
need to take.
2021 SEA 368 – Automatic Juvenile Expungements
This law (IC 31-39-8-3.5) took effect 7/1/21, but because of
required timing, no cases could be eligible for expungement until 7/1/22.
This law allows for certain cases to be automatically expunge when a juvenile
turns 19 or one year after the juvenile is discharged.
Court technology has updated the Juvenile
Expungement Cheatsheet (beginning on page 6). In addition, we have
created a custom report to assist in identifying cases that may be
eligible. The report is rights and roles driven. If your county has
determined that you should be running the report and you do not have rights,
please contact our helpdesk for permissions.
2022 SEA 182 – Criminal (Adult and Juvenile) Expungements
This law allows for certain cases where charges were
dismissed, acquitted, or vacated to be expunged under IC 35-8-9. The law
requires that some expungements be ordered and effective immediately, with
others after 60 days.
We have updated the IC
35-38-9 Expungements Cheatsheet (beginning on page 2). In addition,
we have created additional events to track the process as well as time
standards which will track timelines in the background.
2022 HEA 1214 – Sealing Eviction Records
This law (IC 32-31-10 and IC 32-31-11) requires a notice to
be sent on eviction cases with no activity in 180 days. From there,
courts may take action to dismiss the cases or defendants may request the case
be dismissed and sealed.
Court Technology has added specific events related to this
process and added a cheatsheet for Sealing
Eviction Cases.
2022 HEA 1260 – Pro Bono Fee
In IC 33-34-8-1, this fee was supposed to sunset July 1st,
but that was extended to 2025. We have ensured that the fee will continue
to assess after July 1.
2022 HEA 1300 – Charitable Bail
This law requires that charitable bail organizations be
licensed (IC 27-10-2-4.5) and that the license number and address be recorded
for on any bonds posted by these organizations (IC 35-33-8-.6). It also
requires that bonds be refunded to the individual who paid the bond rather than
the defendant.
We have updated the Adding
a Free Standing Cash Bond, Adding
a Free Standing Surety Bond, Posting
a Cash Bond, and Adding
a Surety Bond cheatsheets with steps to add the Bail Agent party with the
license number as an Other Agency number on the party record.
2022 SEA 149 – City/Town Courts Clerk Administrative
Overpayment Fee
You are now permitted to retain up to $3 of an overpayment
as a Clerk Administrative Fee to your Clerk Record Perpetuation Fund per IC
33-37-12-2. We have updated your refund fee schedule so that when you
assess a refund, you will be given a prompt for both fees. If a person
mailed a check for $150 when they owed $147.00, you could put $0 in the Refund
and $3 in the Clerk Admin. If they mailed $150 when they owed $146.50,
you could choose to put the whole 3.50 in the refund amount so that you are not
writing small dollar checks, or you could put .50 in the refund and 3.00 in the
Clerk Admin fee.