Committee votes to send Indy curfew proposal to full council with do-pass recommendation

INDIANAPOLIS - The Indianapolis City-County Council's public safety and criminal justice committee has voted to send a proposal to amend the county's juvenile curfew laws to the full council.




The vote occurred during a meeting at the City-County Building in downtown Indianapolis Wednesday night. The committee advanced the proposal to the full council with a do-pass recommendation.




If passed by the full council, Proposal No. 232 will allow police officers to begin enforcing curfew laws for 15, 16 and 17-year-olds as soon as 11 p.m. on Friday and Saturday nights. Under prior county curfew laws, juveniles aged 15 to 17 were allowed to be out in public until 1 a.m. on Saturdays and Sundays.




On Sundays, Mondays, Tuesdays, Wednesdays and Thursdays, police will be allowed to begin enforcing curfew laws for juveniles aged 15 to 17 at 9 p.m.




For juveniles that are 14 years old or younger, curfew rules will go into effect at 9 p.m. daily. Previous county laws mandated juveniles 14 or younger to be out of public spaces by 11 p.m. Below is a breakdown of when juveniles will be prohibited from being in public under Proposal No. 232:




Juveniles aged 15, 16 and 17:




Friday and Saturday: Juveniles are not be in public spaces between 11 p.m. and 5 a.m.




Sunday-Thursday: Juveniles are not to be in public spaces between 9 p.m. and 5 a.m.




Juveniles aged 14 and younger:




Daily: Juveniles are not to be public spaces between 9 p.m. and 5 a.m.




Proposal No. 232 does include some exceptions that allow juveniles to be in public spaces during curfew hours. Juveniles can be exempt from curfew hours if:

• They are out for a lawful employment-related reason





• They are out for a school-sanctioned event





• They are out for a religious event





• They are assisting with an emergency that involves the protection of a person or property from an imminent threat of serious bodily injury or substantial damage





• They are participating in a non-profit or government event that provides education, training or other care under the supervision of at least one adult





• They are participating in an activity undertaken at the written direction of a parent, guardian on custodian





• They are engaged in interstate or international travel from a location outside Indiana to another location outside Indiana

Proposal No. 232 does contain a provision that could reset juvenile curfew laws to their previous forms after 120 days of Proposal No. 232's passage. The proposed ordinance says "the provisions advancing the curfew hours shall expire after one hundred twenty (120) days, absent further action by this Council regarding a determination that advancement of the curfew hours is reasonably necessary for public safety."




Under Proposal No. 232, juvenile curfew hours could conceivably reset before the 120-day mark. The proposed ordinance indicates the amending of curfew hours is more of an advancement than a permanent change at this time.




The proposal says the City and County may "advance the curfew hours by no more than two hours when the curfew hours are later than is reasonable for public safety under the conditions that exist in the Consolidated City and County."




The 11 p.m. deadline for 15-year-old to 17-year-old juveniles is considered a 2-hour advancement from the previous 1 a.m. cutoff. The same goes for the 9 p.m. daily deadline for juveniles aged 14 or less and the 11 p.m. weekday cutoff for kids aged 15 to 17.




As for enforcement, Proposal No. 232 will require police to direct copies of complaints filed against juveniles who violate curfew rules to the Juvenile Division of the Marion Superior Court and the child's parent or guardian. Courts will also be able to order injunctive relief under Proposal No. 232 to prevent juveniles from committing further violations of the ordinance.




Proposal No. 232 also says "it is unlawful for a parent, guardian or custodian of a child under the age of eighteen (18) years recklessly to cause, suffer or allow that child to commit a curfew violation ... If a parent, guardian, custodian or child is charged with a second or subsequent violation of this section of this chapter, there shall be a presumption that he or she is responsible under this section for the child's violation of this chapter."




Proposal No. 232 does not specify exactly what penalties parents could face for allowing their children to violate Marion County's juvenile curfew laws.




In addition to the new curfew laws, the Indianapolis Metropolitan Police Department announced that it was launching a new "safe and secure location where juveniles found out past curfew can be brought to reconnect with their families and access support services."




IMPD did not specify the exact location of the space, though the agency did explain how it will function. Essentially, juveniles found in violation of curfew laws will be taken to the facility where food and information on resources like mentorship programs, mental health support initiatives and education assistance and job readiness programs will be available.




While juveniles are at the facility, their parents will be contacted. Those parents will then be able to come pick their child up at the facility.




Should IMPD be unable to make contact with certain parents, officers may take the children of those parents to the Juvenile Detention Center for a curfew violation, which is considered a status offense. IMPD also clarified that curfew-related detentions will not be considered full arrests. Therefore, such detentions will not appear on juveniles' permanent records.




The city-county council and IMPD's increased push to shake up enforcement of juvenile curfew laws comes in the wake of a mass shooting that left 5 injured and two juveniles dead. Juveniles aged 13, 15, 16 and 17 were all charged by the Marion County Prosecutor's Office because they allegedly illegally possessed firearms during the shooting.




The actions the City has taken to prevent violence among juveniles in downtown Indianapolis has drawn criticism from Governor Mike Braun and Indianapolis Fraternal Order of Police President Rick Snyder.




On Wednesday, Braun said Marion County Prosecutor and Indianapolis Mayor Joe Hogsett "shoulder near full responsibility" for recent violent incidents that have taken place in the Circle City. Braun also indicated that Indiana State Police will be present in downtown Indianapolis this weekend to assist with public safety measures related to the WNBA All-Star Game.




Snyder has also criticized Hogsett and other city leaders about their violence reduction plans. He also spoke during the public comment portion of Wednesday's public safety and criminal justice committee meeting.




To read the latest version of Amendment No. 232 click here and here. The next full meeting of the Indianapolis City-County Council is scheduled for Aug. 11.





via: https://fox59.com/news/committee-votes-to-send-indy-curfew-proposal-to-full-council-with-do-pass-recommendation/