Indiana House Bill 1530 (Prior Session Legislation)

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Spectrum: Bipartisan Bill
Status: Introduced on January 20 2011 - 25% progression, died in committee
Action: 2011-01-20 - First reading: referred to Committee on Courts and Criminal Code
Pending: House Courts and Criminal Code Committee
Text: Latest bill text (Introduced) [HTML]

Requires the department of correction to: (1) determine the average daily marginal cost of incarcerating an offender; (2) determine the average length of stay for a Class D felony offender in the department; and (3) administer an incentive and disincentive program for counties to reduce the number of Class D felony offenders committed to the department. Requires the judicial conference to adopt rules concerning swift and certain sanctions that a probation officer may use in supervising persons on probation. Establishes the substance abuse treatment fund administered by the department of correction to award grants to probation departments to increase substance abuse treatment access for persons on probation who have substance abuse addictions. Requires the department of correction to: (1) supervise parolees who were sentenced by a court in Indiana for murder, a Class A felony, a sex offense, or incest; (2) assist all parolees sentenced by a court in Indiana; and (3) supervise and assist out-of-state parolees accepted under an interstate compact as required by the interstate compact. Provides that when a court imposes a sentence on a specified type of offender, the court shall suspend part of the sentence and require the offender to serve the suspended period on probation, in a community corrections program, or in a problem solving court program. Requires the board of directors of the judicial conference of Indiana to adopt rules to establish standards of probation supervision provided by probation departments based on validated risk assessments of offenders. Establishes the probation improvement fund administered by the department of correction to award grants based on a recommendation by the judicial conference of Indiana to: (1) county probation departments that supervise persons convicted of a felony to promote the adoption of certain best practices to improve probation administration and services and reduce probation revocations; and (2) counties that supervise persons who have been convicted of a felony to consolidate and improve the efficiency of probation administration and services and community corrections programs contingent on the ability of a county probation department to demonstrate a minimal level of coordination with other offender supervision agencies operating in the same county, including community corrections programs, parole authorities, and other probation agencies. Requires local and state community corrections programs to use services, programs, and practices that reduce recidivism rates, as demonstrated by scientific research, among persons who participate in community corrections programs. Requires community corrections boards to coordinate or operate educational, mental health, drug or alcohol abuse counseling, housing, and supervision services for persons participating in community corrections programs. Provides that money received by a community corrections program or community transition program from the state may be used only to provide community corrections or community transition services for persons who have been convicted of a felony. Provides that any user fees collected: (1) by a community corrections program that is funded in whole or in part by money received from the state; and (2) from persons who have been convicted of a felony; may be used only to provide services for persons who have been convicted of a felony. Provides that if the department of correction establishes or contracts for the establishment of a community corrections program, the program may provide services only for persons who have been convicted of a felony. Provides that any home detention user fees collected: (1) by a community corrections program that provides supervision of home detention and is funded in whole or in part by money received from the state; and (2) from persons who have been convicted of a felony; may be used only to provide home detention services for persons who have been convicted of a felony. Removes certain Class D felonies from the list of felonies for which a court may suspend only the part of the sentence that exceeds the minimum sentence. Repeals the statute prohibiting the suspension of certain felony sentences if the person has a juvenile record. Removes certain habitual traffic violator statutes from the list of crimes that are not suspendible. Defines "defraud" for purposes of criminal law. Makes theft: (1) a Class A misdemeanor if the amount of property involved in the theft is less than $750; (2) a Class D felony if the amount is between $750 and $50,000 or if the person has a prior conviction; and (3) a Class C felony if the amount of property is at least $50,000. Removes provisions relating to receiving stolen property. Makes forgery a Class D felony. Consolidates certain duplicative provisions and makes enhancements to certain crimes more uniform. Requires the criminal code evaluation commission to study truth in sentencing, good time credit and earned credit time, and felony classifications during the 2011 interim. Specifies that a person who possesses: (1) up to ten grams of cocaine or methamphetamine commits a Class D felony; (2) from ten to 28 grams of cocaine or methamphetamine commits a Class C felony; and (3) more than 28 grams of cocaine or methamphetamine commits a Class B felony. Provides that a person who manufactures or deals: (1) up to ten grams of cocaine, methamphetamine, or a schedule I-III controlled substance (or up to 24 pills of a schedule I-III controlled substance in pill form) commits a Class C felony; (2) from ten to 28 grams of cocaine, methamphetamine, or a schedule I-III controlled substance (or from 24 to 72 pills of a schedule I- III controlled substance in pill form) commits a Class B felony; and (3) more than 28 grams of cocaine, methamphetamine, or a schedule I-III controlled substance (or more than 72 pills of a schedule I-III controlled substance in pill form) commits a Class A felony. Provides additional sentence enhancements if the person possesses or deals the cocaine, methamphetamine, or schedule I-III controlled substance: (1) on a school bus; (2) near a school, park, public housing facility, or youth program center; (3) to certain minors; or (4) while also possessing a firearm. Makes an appropriation. Repeals auto theft (same offense as theft) and terroristic deception (consolidated in other provisions). (The introduced version of this bill was prepared by the criminal code evaluation commission.)

Corrections and sentencing.

Rep. Wes Culver [R]

Rep. Ralph Foley [R]

Rep. Linda Lawson [D]

Rep. Matt Pierce [D]

Date	Chamber	Action
2011-01-20		First reading: referred to Committee on Courts and Criminal Code
2011-01-20		Coauthored by Representatives Pierce, Culver and L. Lawson
2011-01-20		Authored by Representative Foley

Type	Source
Summary	http://www.in.gov/apps/lsa/session/billwatch/billinfo?year=2011&session=1&request=getBill&doctype=HB&docno=1530
Text	http://www.in.gov/legislative/bills/2011/IN/IN1530.1.html