Rule 18 - County Probation Departments(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 Office of Judicial Administration (IOJA) by March 1 annually. The annual report shall be submitted on a form drafted by the IOJA 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 IOJA, 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 IOJA 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 IOJA 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. The initial plan shall be filed with the IOJA and shall consist of information on, including but not limited to, judicial governance/oversight of the probation department, any assignment of probation officers to a specific court or division, any divisions created within the consolidated department (such as circuit, superior, felony, misdemeanor, adult, juvenile, Court Alcohol & Drug, pre-trial or any other divisions agreed upon by the supervising judges), judicial oversight of any divisions within the department, appointment of a chief probation officer, appointment of assistant chief probation officers/supervisors assigned to a specific court or division, and probation officer salaries. The plan must be implemented by January 1, 2012. An extension for filing the plan and implementation may be granted at the discretion of the Judicial Conference Board of Directors for good cause shown. Any amendments to the initial plan after the implementation date shall be reported in the annual certification report.(3)Counties in which the circuit, superior, or probate court has established a separate juvenile probation department. Counties in which the circuit, superior, or probate court has established a separate juvenile probation department before January 1, 2010, may elect to operate a unified or consolidated adult probation department and a separate juvenile probation department. These counties shall certify to the IOJA by October 1, 2011 that the county operates a unified or consolidated adult probation department and a separate juvenile probation department. (4)Review and Approval of Plans. The Judicial Conference shall review plans submitted pursuant to standards adopted by the Conference. The Judicial Conference may approve the plan in whole or in part, may modify the plan, or deny the plan in whole or in part. If the Judicial Conference denies a plan in whole or in part, the Judicial Conference may require all or part of the plan to be resubmitted and may approve or reject the resubmitted plan in whole or in part. Should a county fail to submit a plan for review, the Judicial Conference may prescribe a plan for use by the county.(G)Preparation of Forms. The IOJA shall draft forms to be used in filing initial plans, certification reports, and annual reports.Adopted Sept. 21, 2010, effective 1/1/2011; amended Nov. 1, 2017, effective 1/1/2018.