Bill Text: IN HB1011 | 2012 | Regular Session | Engrossed
Bill Title: Various corrections matters.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2012-02-21 - Committee report: amended, reassigned to Committee on Appropriations [HB1011 Detail]
Download: Indiana-2012-HB1011-Engrossed.html
Citations Affected: IC 11-8; IC 11-10; IC 11-13; IC 16-41; IC 31-37;
IC 33-24; IC 35-38; IC 35-50; IC 36-2.
(SENATE SPONSORS _ BRAY, HEAD, TAYLOR, HUME)
January 9, 2012, read first time and referred to Committee on Courts and Criminal Code.
January 27, 2012, amended, reported _ Do Pass.
January 30, 2012, read second time, ordered engrossed. Engrossed.
January 31, 2012, read third time, passed. Yeas 94, nays 0.
February 1, 2012, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.
February 21, 2012, amended, reported favorably _ Do Pass; reassigned to Committee on Appropriations.
Digest Continued
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. Provides that the probation improvement fund consists of appropriations from the general assembly and funds from savings realized by the department due to fewer Class D felons being committed to the department and certain disincentive funds. Creates the forensic addiction fund to create a funding source for grants to probation departments and community corrections programs to increase substance abuse treatment access for individuals on probation or in a community corrections program. Requires the judicial conference of Indiana to administer the fund. Requires a sentencing court to inform the department if the person sentenced is a credit restricted felon. Requires a court that determines that a person sentenced is a credit restricted felon to state in the sentencing order and the abstract of judgment that the person is a credit restricted felon. Requires the judicial conference to adopt rules concerning swift and certain sanctions that a probation officer may use in supervising persons on probation. Provides procedures for a person on probation to be sanctioned by a probation officer. Requires that credit time earned by certain offenders shall be reduced to the extent that application of the credit time would result in postconviction release or a community transition program assignment in less than 45 days after the person earns the credit time. Requires the department to: (1) establish an automated victim notification system; and (2) notify a registered crime victim of certain changes affecting the committed offender who committed the crime against the victim. Specifies when the department shall make certain victim notifications. Provides that if a court imposes a felony sentence that involves a commitment to the department, the court shall state certain information in the sentencing order and abstract of judgment. Requires the division of state court administration to submit a report to the department detailing the number of Class D felony convictions for each county. Requires each county to establish a county offender fund. (The introduced version of this bill was prepared by the criminal code evaluation commission.)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
corrections.
(1) Automatically notify a registered crime victim when a committed offender who committed the crime against the victim:
(A) is assigned to a:
(i) department facility; or
(ii) county jail or any other facility not operated by the
department;
(B) is transferred to a:
(i) department facility; or
(ii) county jail or any other facility not operated by the
department;
(C) is given a different security classification;
(D) is released on temporary leave;
(E) is discharged; or
(F) has escaped;
(G) has a change in the committed offender's expected date
of release from incarceration;
(H) is scheduled to have a parole release hearing;
(I) has requested clemency or pardon consideration;
(J) is to be placed in a minimum security:
(i) facility; or
(ii) work release program;
or is permitted to participate in another minimum security
assignment; or
(K) dies during the committed offender's period of
incarceration.
(2) Allow a registered crime victim to receive the most recent
status report for an offender by calling the automated victim
notification system on a toll free telephone number.
(3) Allow a crime victim to register or update the victim's
registration for the automated victim notification system by
calling a toll free telephone number.
(b) For purposes of subsection (a), if the department establishes an
automated victim notification system, a sheriff responsible for the
operation of a county jail shall immediately notify the department if a
committed offender:
(1) is transferred to another county jail or another facility not
operated by the department of correction;
(2) is released on temporary leave;
(3) is discharged; or
(4) has escaped.
Sheriffs and other law enforcement officers and prosecuting attorneys
shall cooperate with the department in establishing and maintaining an
automated victim notification system.
(c) An automated victim notification system may transmit
information to a person by:
(1) telephone;
(2) electronic mail; or
(3) another method as determined by the department.
(d) The department shall provide the opportunity for a registered crime victim to receive periodic status reports concerning the committed offender who committed the crime against the registered crime victim, including reports stating:
(1) the committed offender's projected date of release from imprisonment;
(2) the facility where the committed offender is imprisoned; and
(3) the current security classification of the committed offender.
(e) A registered crime victim may choose to receive a status report described in subsection (d):
(1) annually;
(2) quarterly;
(3) monthly; or
(4) when triggered by an event described in subsection (a)(1).
(b) The department shall develop a methodology for determining the average daily marginal cost of incarcerating an offender. The costs to be considered in determining the average daily marginal cost of incarcerating an offender:
(1) must include the additional expenses of providing food, clothing, and health care to a new offender; and
(2) do not include the costs of new facilities or additional staff.
Chapter 16. County Incentives and Disincentives for Class D Felony Offenders
Sec. 1. The department shall administer a local rehabilitation incentive and disincentive program under which counties may:
(1) reduce the number of Class D felony offenders committed to the department; and
(2) maintain fewer Class D felony offender commitments to the department.
Sec. 2. (a) The department shall determine the average length of stay for a Class D felony offender who has an executed sentence of less than one (1) year in the department for calendar year 2011.
(b) The average length of stay determined under subsection (a) must be expressed in days and must express the average number of days an offender described in subsection (a) is incarcerated with the department in a one (1) year period.
Sec. 3. (a) Before September 1, 2013, the department shall establish a baseline average number of Class D felony offenders committed annually to the department by each county based on each county's Class D felony commitments to the department in the 2008, 2009, 2010, and 2011 calendar years.
(b) Each year after 2013, the department shall provide a local rehabilitation incentive to each county that commits to the department in one (1) calendar year fewer Class D felony offenders than the baseline average established for that county under subsection (a). Each county that has a reduction in Class D felony commitments for a calendar year is entitled to an incentive based on the reduction in the department's incarceration costs attributable to the county's reduction in Class D felony commitments, as determined according to the formula set forth in subsection (c).
(c) Before March 1 of each year, the department shall calculate the incentive described in subsection (b) for each county using the following formula:
STEP ONE: Subtract the number of Class D felony offenders committed to the department by the county in the previous calendar year from the baseline average established for the county under subsection (a).
STEP TWO: If the STEP ONE remainder is not positive, the incentive amount for the county is zero (0). If the STEP ONE remainder is positive, multiply the number determined under STEP ONE by the average length of stay for a Class D felony offender in the department, as determined under section 2 of this chapter.
STEP THREE: Multiply the product determined under STEP TWO by the average daily marginal cost of incarcerating an offender, as determined under IC 11-10-13-1(b).
STEP FOUR: Multiply the amount determined under STEP THREE by fifty percent (50%).
Sec. 4. (a) Each year after 2013, the department shall impose a disincentive to each county that in one (1) calendar year commits to the department:
(1) more than ten (10) more Class D felony offenders than the baseline average established for the county under section 3(a)
of this chapter; or
(2) more offenders than one hundred five percent (105%) of
the baseline average established for the county under section
3(a) of this chapter;
whichever is greater.
(b) Before March 1 of each year, the department shall calculate
the disincentive described in subsection (a) for each county using
the following formula:
STEP ONE: Subtract the baseline average established for the
county under section 3(a) of this chapter from the number of
Class D felony offenders committed to the department by the
county in the previous calendar year.
STEP TWO: If the STEP ONE remainder is ten (10) or less or
less than one hundred five percent (105%) of the baseline
average established for the county under section 3(a) of this
chapter, the disincentive amount is zero (0). Otherwise,
multiply the number determined under STEP ONE by the
average length of stay for a Class D felony offender in the
department, as determined under section 2 of this chapter.
STEP THREE: Multiply the product determined under STEP
TWO by the average daily marginal cost of incarcerating an
offender, as determined under IC 11-10-13-1(b).
STEP FOUR: Multiply the product determined under STEP
THREE by fifty percent (50%).
Sec. 5. The department shall withhold the amount of the
disincentive calculated for a county for a particular year under
section 4 of this chapter from the amount of money the department
is otherwise required to deposit in a county's misdemeanant fund
under IC 11-12-6-13 before September 1 of that year. The amount
withheld under this section shall be deposited in the probation
improvement fund established under IC 11-13-2.5.
Sec. 6. (a) Before September 1, 2014, the department, using the
information collected under IC 33-24-6-3(a)(2)(F) in the report
published by the division of state court administration under
IC 33-24-6-3(a)(3) for calendar year 2013 and the number of Class
D felony offender commitments made to the department in
calendar year 2013, shall determine a baseline average percentage
for purposes of this section. The baseline average percentage is the
result determined in the last STEP of the following formula:
STEP ONE: For each county, determine:
(A) the number of offenders convicted of Class D felonies
in the county in calendar year 2011; and
(B) of that number, the percentage of Class D felony offenders who were committed to the department.
STEP TWO: Determine the quotient of:
(A) the sum of the amounts determined under STEP ONE; divided by
(B) the number of counties in Indiana.
(b) Each year after 2013, the department shall provide a local corrections incentive to each county that does not commit a larger percentage of its Class D felony offenders to the department than the baseline average percentage determined under subsection (a), as determined under subsection (c).
(c) Before March 1 of each year, the department shall determine a county's eligibility for the incentive described in subsection (b) using the following formula:
STEP ONE: Determine for a county the number of Class D felony offenders committed to the department by the county in the previous calendar year.
STEP TWO: Determine the percentage of Class D felony offenders committed to the department by the county in the previous calendar year by dividing:
(A) the STEP ONE number; by
(B) the total number of Class D felony convictions in that county in the previous calendar year, as determined using the information collected under IC 33-24-6-3(a)(2)(F) in the report published by the division of state court administration under IC 33-24-6-3(a)(3).
STEP THREE: If the county's percentage of Class D felony offenders committed to the department, as calculated under STEP TWO, is lower than the baseline average percentage determined under subsection (a), the county is eligible for an incentive described in subsection (d).
(d) The incentive under this section shall be paid from funds remaining from the marginal savings realized by the department as a result of the counties committing fewer Class D felony offenders to the department after the incentives calculated under section 3 of this chapter have been distributed. The department may adopt rules under IC 4-22-2 to distribute the remaining funds to eligible counties equitably, with the amount of each county's incentive being proportional to the extent to which savings realized by the department are attributable to the county's reduction in the percentage of the county's Class D felony offenders who are committed to the department.
Sec. 7. (a) Before June 1 of each year, the local incentives calculated under sections 3 and 6 of this chapter shall be provided from the marginal savings realized by the department as a result of the counties committing fewer Class D felony offenders to the department and shall be distributed to a county's county offender fund under IC 36-2-21. The county fiscal body shall redistribute the incentives as set forth in IC 36-2-21-1.
(b) If a county has a local community corrections advisory board, the local community corrections advisory board shall make a recommendation to the county's fiscal body regarding how local incentive funds should be distributed.
Sec. 8. In making the calculations required under this chapter, the department may not consider a Class D felony offender:
(1) whose probation has been revoked after the offender was previously incarcerated for the felony by the department in a department facility;
(2) whose participation in a community corrections program has been terminated as a result of a violation of program requirements;
(3) whose participation in a problem solving court program has been terminated as a result of a violation of program requirements; or
(4) who is committed temporarily to the department under IC 35-33-11-1.
Sec. 9. This chapter does not affect the rate that the department pays to house an offender in a jail under IC 35-33-11.
Sec. 10. The department may adopt rules under IC 4-22-2 to implement this chapter.
(b) The board shall adopt rules consistent with this chapter, prescribing minimum standards concerning:
(1) educational and occupational qualifications for employment as a probation officer;
(2) compensation of probation officers;
(3) protection of probation records and disclosure of information contained in those records;
(4) presentence investigation reports;
(5) a schedule of progressive probation incentives and
violation sanctions, including judicial review procedures; and
(6) qualifications for probation officers to administer
probation violation sanctions under IC 35-38-2-3(e).
(c) The conference shall prepare a written examination to be used
in establishing lists of persons eligible for appointment as probation
officers. The conference shall prescribe the qualifications for entrance
to the examination and establish a minimum passing score and rules for
the administration of the examination after obtaining recommendations
on these matters from the probation standards and practices advisory
committee. The examination must be offered at least once every other
month.
(d) The conference shall, by its rules, establish an effective date for
the minimum standards and written examination for probation officers.
(e) The conference shall provide probation departments with
training and technical assistance for:
(1) the implementation and management of probation case
classification; and
(2) the development and use of workload information.
The staff of the Indiana judicial center may include a probation case
management coordinator and probation case management assistant.
(f) The conference shall, in cooperation with the department of child
services and the department of education, provide probation
departments with training and technical assistance relating to special
education services and programs that may be available for delinquent
children or children in need of services. The subjects addressed by the
training and technical assistance must include the following:
(1) Eligibility standards.
(2) Testing requirements and procedures.
(3) Procedures and requirements for placement in programs
provided by school corporations or special education cooperatives
under IC 20-35-5.
(4) Procedures and requirements for placement in residential
special education institutions or facilities under IC 20-35-6-2 and
511 IAC 7-27-12.
(5) Development and implementation of individual education
programs for eligible children in:
(A) accordance with applicable requirements of state and
federal laws and rules; and
(B) coordination with:
(i) individual case plans; and
(ii) informal adjustment programs or dispositional decrees
entered by courts having juvenile jurisdiction under
IC 31-34 and IC 31-37.
(6) Sources of federal, state, and local funding that is or may be
available to support special education programs for children for
whom proceedings have been initiated under IC 31-34 and
IC 31-37.
Training for probation departments may be provided jointly with
training provided to child welfare caseworkers relating to the same
subject matter.
(g) The conference shall, in cooperation with the division of mental
health and addiction (IC 12-21) and the division of disability and
rehabilitative services (IC 12-9-1), provide probation departments with
training and technical assistance concerning mental illness, addictive
disorders, mental retardation, and developmental disabilities.
(h) The conference shall make recommendations to courts and
probation departments concerning:
(1) selection, training, distribution, and removal of probation
officers;
(2) methods and procedure for the administration of probation,
including investigation, supervision, workloads, record keeping,
and reporting; and
(3) use of citizen volunteers and public and private agencies.
(i) The conference may delegate any of the functions described in
this section to the advisory committee or the Indiana judicial center.
Chapter 2.5. Probation Improvement Fund
Sec. 1. As used in this chapter, "fund" refers to the probation improvement fund established by section 2 of this chapter.
Sec. 2. (a) The probation improvement fund is established to provide grants under sections 3 and 4 of this chapter. The fund shall be administered by the judicial conference of Indiana.
(b) Sources of money for the fund consist of the following:
(1) Donations, gifts, and money received from any other source, including transfers from other funds or accounts.
(2) Appropriations from the general assembly.
(c) The expenses of administering the fund shall be paid from money in the fund.
(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
Sec. 3. (a) After the department of correction makes a recommendation to the judicial conference of Indiana, the judicial conference may award a grant from the fund to a county probation department that supervises persons who have been convicted of a felony to:
(1) promote the county probation department's adoption of best practices:
(A) to:
(i) focus supervision resources on persons who pose a high likelihood of committing another offense, as determined by a validated risk assessment;
(ii) develop and use a progressive sanctions policy to guide decisions concerning how to respond to violations of conditions of supervision; and
(iii) reduce the risk posed by persons who have been convicted of a felony and are on probation, through effective supervision, sanctions, and addressing any needs the persons have for substance abuse treatment, mental health services, or other services; and
(B) as approved by the judicial conference of Indiana; and
(2) reduce the number of probation revocations:
(A) involving persons under the supervision of the county probation department who have been convicted of a felony; and
(B) resulting in a person serving a prison sentence.
(b) To receive a grant under this section, a county probation department must submit an application to the judicial conference of Indiana:
(1) on a form; and
(2) in the manner;
prescribed by the judicial conference of Indiana.
(c) The judicial conference of Indiana shall determine the amount of a grant awarded under this section.
Sec. 4. (a) The judicial conference of Indiana:
(1) may award a grant from the fund to a county that supervises persons who have been convicted of a felony to consolidate and improve the efficiency of:
(A) probation administration and services; and
(B) community corrections programs;
in the county; and
(2) shall make the awarding of the grant contingent on the ability of the 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.
(b) To receive a grant under this section, a county must submit an application to the judicial conference of Indiana:
(1) on a form; and
(2) in the manner;
prescribed by the judicial conference of Indiana.
(c) The judicial conference of Indiana shall determine the amount of a grant awarded under this section.
Sec. 5. The judicial conference of Indiana may adopt rules necessary to implement this chapter.
Sec. 6. Counties may coordinate resources and programming with funds received under this chapter.
Chapter 2.7. Forensic Addiction Fund
Sec. 1. As used in this chapter, "fund" refers to the forensic addiction fund established by section 2 of this chapter.
Sec. 2. (a) The forensic addiction fund is established to provide grants under section 3 of this chapter. The judicial conference of Indiana shall administer the fund.
(b) Sources of money for the fund consist of the following:
(1) Appropriations from the general assembly.
(2) Donations, gifts, and money received from any other source, including transfers from other funds or accounts.
(c) The expenses of administering the fund shall be paid from money in the fund.
(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
Sec. 3. (a) The judicial conference of Indiana may award a grant from the fund to a probation department or a community corrections program to increase substance abuse treatment access for individuals on probation or individuals placed in a community
corrections program who are under court supervision and who
have been diagnosed with a substance abuse disorder or
co-occurring disorder.
(b) To receive a grant under this section, a probation
department or community corrections program and the agency
that will be providing treatment if the grant is approved must
submit an application to the judicial conference of Indiana:
(1) on a form; and
(2) in the manner;
prescribed by the judicial conference of Indiana.
(c) The judicial conference of Indiana shall determine the
amount of a grant awarded under this section in consultation with
the division of mental health and addiction and the local probation
department or community corrections program.
(d) Mental health and substance abuse counseling provided by
grants under this section must be contracted for with a certified
mental health or addiction provider as determined by the division
of mental health and addiction.
Sec. 4. The judicial conference of Indiana may adopt rules
necessary to implement this section.
(b) A person sentenced for an offense under laws other than IC 35-50 who is eligible for release on parole, or a person whose parole is revoked and is eligible for reinstatement on parole under rules adopted by the parole board shall, before the date of the person's parole eligibility, be granted a parole release hearing to determine whether parole will be granted or denied. The hearing shall be conducted by one (1) or more of the parole board members. If one (1) or more of the members conduct the hearing on behalf of the parole board, the final decision shall be rendered by the full parole board based upon the record of the proceeding and the hearing conductor's findings. Before the hearing, the parole board shall order an investigation to include the collection and consideration of:
(1) reports regarding the person's medical, psychological, educational, vocational, employment, economic, and social condition and history;
(2) official reports of the person's history of criminality;
(3) reports of earlier parole or probation experiences;
(4) reports concerning the person's present commitment that are relevant to the parole release determination;
(5) any relevant information submitted by or on behalf of the person being considered; and
(6) such other relevant information concerning the person as may be reasonably available.
(c) Unless the victim has requested in writing not to be notified, the department shall notify a victim of a felony (or the next of kin of the victim if the felony resulted in the death of the victim) or any witness involved in the prosecution of an offender imprisoned for the commission of a felony when the offender is:
(1) to be discharged from imprisonment;
(2) to be released on parole under IC 35-50-6-1;
(3) to have a parole release hearing under this chapter;
(4) to have a parole violation hearing;
(5) an escaped committed offender; or
(6) to be released from departmental custody under any temporary release program administered by the department, including the following:
(A) Placement on minimum security assignment to a program authorized by IC 11-10-1-3 or IC 35-38-3-6 and requiring periodic reporting to a designated official, including a regulated community assignment program.
(B) Assignment to a minimum security work release program.
(d) The department shall make the notification required under subsection (c):
(1) not later than twenty-four (24) hours after the escape of a committed offender;
(A) the discharge or release of a committed offender; or
(B) the date of a hearing
The department shall supply the information to a victim (or a next of kin of a victim in the appropriate case) and a witness at the address supplied to the department by the victim (or next of kin) or witness. A victim (or next of kin) is responsible for supplying the department with
any change of address or telephone number of the victim (or next of
kin).
(e) The probation officer conducting the presentence investigation
shall inform the victim and witness described in subsection (c), at the
time of the interview with the victim or witness, of the right of the
victim or witness to receive notification from the department under
subsection (c). The probation department for the sentencing court shall
forward the most recent list of the addresses or telephone numbers, or
both, of victims to the department of correction. The probation
department shall supply the department with the information required
by this section as soon as possible but not later than five (5) days from
the receipt of the information from the victim. A victim (or next of kin)
is responsible for supplying the department with the correct address
and telephone number of the victim (or next of kin).
(f) Notwithstanding IC 11-8-5-2 and IC 4-1-6, an inmate may not
have access to the name and address of a victim and a witness. Upon
the filing of a motion by any person requesting or objecting to the
release of victim information, witness information, or both that is
retained by the department, the court shall review the information that
is the subject of the motion in camera before ruling on the motion.
(g) The notice required under subsection (c) must specify whether
the prisoner is being discharged, is being released on parole, is being
released on lifetime parole, is having a parole release hearing, is having
a parole violation hearing, or has escaped. The notice must contain the
following information:
(1) The name of the prisoner.
(2) The date of the offense.
(3) The date of the conviction.
(4) The felony of which the prisoner was convicted.
(5) The sentence imposed.
(6) The amount of time served.
(7) The date and location of the interview (if applicable).
(h) The parole board shall adopt rules under IC 4-22-2 and make
available to offenders the criteria considered in making parole release
determinations. The criteria must include the:
(1) nature and circumstances of the crime for which the offender
is committed;
(2) offender's prior criminal record;
(3) offender's conduct and attitude during the commitment; and
(4) offender's parole plan.
(i) The hearing prescribed by this section may be conducted in an
informal manner without regard to rules of evidence. In connection
with the hearing, however:
(1) reasonable, advance written notice, including the date, time,
and place of the hearing shall be provided to the person being
considered;
(2) the person being considered shall be given access, in accord
with IC 11-8-5, to records and reports considered by the parole
board in making its parole release decision;
(3) the person being considered may appear, speak in the person's
own behalf, and present documentary evidence;
(4) irrelevant, immaterial, or unduly repetitious evidence shall be
excluded; and
(5) a record of the proceeding, to include the results of the parole
board's investigation, notice of the hearing, and evidence adduced
at the hearing, shall be made and preserved.
(j) If parole is denied, the parole board shall give the person written
notice of the denial and the reasons for the denial. The parole board
may not parole a person if it determines that there is substantial reason
to believe that the person:
(1) will engage in further specified criminal activity; or
(2) will not conform to appropriate specified conditions of parole.
(k) If parole is denied, the parole board shall conduct another parole
release hearing not earlier than five (5) years after the date of the
hearing at which parole was denied. However, the board may conduct
a hearing earlier than five (5) years after denial of parole if the board:
(1) finds that special circumstances exist for the holding of a
hearing; and
(2) gives reasonable notice to the person being considered for
parole.
(l) The parole board may parole a person who is outside Indiana on
a record made by the appropriate authorities of the jurisdiction in
which that person is imprisoned.
(m) If the board is considering the release on parole of an offender
who is serving a sentence of life in prison, a determinate term of
imprisonment of at least ten (10) years, or an indeterminate term of
imprisonment with a minimum term of at least ten (10) years, in
addition to the investigation required under subsection (b), except as
provided in subsection (n), the board may order and consider a
community investigation, which may include an investigation and
report that substantially reflects the attitudes and opinions of:
(1) the community in which the crime committed by the offender
occurred;
(2) law enforcement officers who have jurisdiction in the
community in which the crime occurred;
(3) the victim of the crime committed by the offender, or if the
victim is deceased or incompetent for any reason, the victim's
relatives or friends; and
(4) friends or relatives of the offender.
If the board reconsiders for release on parole an offender who was
previously released on parole and whose parole was revoked under
section 10 of this chapter, the board may use a community investigation
prepared for an earlier parole hearing to comply with this subsection.
However, the board shall accept and consider any supplements or
amendments to any previous statements from the victim or the victim's
relatives or friends.
(n) The board shall conduct the community investigation described
in subsection (m) if:
(1) the person was convicted of a crime of violence (as defined in
IC 35-50-1-2); or
(2) the person is a sex offender (as defined in IC 11-8-8-4.5).
(o) As used in this section, "victim" means a person who has
suffered direct harm as a result of a violent crime (as defined in
IC 5-2-6.1-8).
(b) The test for the antibody or antigen to HIV may be performed if one (1) of the following conditions exists:
(1) If ordered by a physician who has obtained a health care consent under IC 16-36-1 or an implied consent under emergency circumstances and the test is medically necessary to diagnose or treat the patient's condition.
(2) Under a court order based on clear and convincing evidence of a serious and present health threat to others posed by an individual. A hearing held under this subsection shall be held in camera at the request of the individual.
(3) If the test is done on blood collected or tested anonymously as part of an epidemiologic survey under IC 16-41-2-3 or IC 16-41-17-10(a)(5).
(4) The test is ordered under section 4 of this chapter.
(5) The test is required or authorized under IC 11-10-3-2.5.
(c) A court may order a person to undergo testing for HIV under IC 35-38-1-10.5(a) or
(1) Order supervision of the child by the probation department.
(2) Order the child to receive outpatient treatment:
(A) at a social service agency or a psychological, a psychiatric, a medical, or an educational facility; or
(B) from an individual practitioner.
(3) Remove the child from the child's home and place the child in another home or shelter care facility. Placement under this subdivision includes authorization to control and discipline the child.
(4) Award wardship to a:
(A) person, other than the department; or
(B) shelter care facility.
(5) Partially or completely emancipate the child under section 27 of this chapter.
(6) Order:
(A) the child; or
(B) the child's parent, guardian, or custodian;
to receive family services.
(7) Order a person who is a party to refrain from direct or indirect contact with the child.
(b) If the child is removed from the child's home and placed in a foster family home or another facility, the juvenile court shall:
(A) approve a permanency plan for the child;
(B) find whether or not reasonable efforts were made to prevent or eliminate the need for the removal;
(C) designate responsibility for the placement and care of the child with the probation department; and
(D) find whether it:
(i) serves the best interests of the child to be removed; and
(ii) would be contrary to the health and welfare of the child for
the child to remain in the home.
(c) If a dispositional decree under this section:
(1) orders or approves removal of a child from the child's home or
awards wardship of the child to a:
(A) person other than the department; or
(B) shelter care facility; and
(2) is the first court order in the delinquent child proceeding that
authorizes or approves removal of the child from the child's
parent, guardian, or custodian;
the court shall include in the decree the appropriate findings and
conclusions described in IC 31-37-6-6(f) and IC 31-37-6-6(g).
(d) If the juvenile court orders supervision of the child by the
probation department under subsection (a)(1), the child or the
child's parent, guardian, or custodian is responsible for any costs
resulting from the participation in a rehabilitative service or
educational class provided by the probation department. Any costs
collected for services provided by the probation department shall
be deposited in the county supplemental juvenile probation services
fund.
(b) The juvenile court may, in addition to an order under section 6 of this chapter, enter at least one (1) of the following dispositional decrees:
(1) Order supervision of the child by the probation department as a condition of probation under this subdivision. The juvenile court shall after a determination under IC 11-8-8-5 require a child who is adjudicated a delinquent child for an act that would be an offense described in IC 11-8-8-5 if committed by an adult to register with the local law enforcement authority under IC 11-8-8.
(2) Order the child to receive outpatient treatment:
(A) at a social service agency or a psychological, a psychiatric, a medical, or an educational facility; or
(B) from an individual practitioner.
(3) Order the child to surrender the child's driver's license to the court for a specified period of time.
(4) Order the child to pay restitution if the victim provides reasonable evidence of the victim's loss, which the child may challenge at the dispositional hearing.
(5) Partially or completely emancipate the child under section 27
of this chapter.
(6) Order the child to attend an alcohol and drug services program
established under IC 12-23-14.
(7) Order the child to perform community restitution or service
for a specified period of time.
(8) Order wardship of the child as provided in section 9 of this
chapter.
(c) If the juvenile court orders supervision of the child by the
probation department under subsection (b)(1), the child or the
child's parent, guardian, or custodian is responsible for any costs
resulting from the participation in a rehabilitative service or
educational class provided by the probation department. Any costs
collected for services or classes provided by the probation
department shall be deposited in the county supplemental juvenile
probation services fund.
(1) Examine the administrative and business methods and systems employed in the offices of the clerks of court and other offices related to and serving the courts and make recommendations for necessary improvement.
(2) Collect and compile statistical data and other information on the judicial work of the courts in Indiana. All justices of the supreme court, judges of the court of appeals, judges of all trial courts, and any city or town courts, whether having general or special jurisdiction, court clerks, court reporters, and other officers and employees of the courts shall, upon notice by the executive director and in compliance with procedures prescribed by the executive director, furnish the executive director the information as is requested concerning the nature and volume of judicial business. The information must include the following:
(A) The volume, condition, and type of business conducted by the courts.
(B) The methods of procedure in the courts.
(C) The work accomplished by the courts.
(D) The receipt and expenditure of public money by and for the operation of the courts.
(E) The methods of disposition or termination of cases.
(F) Each year after 2013, the number of offenders convicted of Class D felonies in each county in the previous
calendar year.
(3) Prepare and publish reports, not less than one (1) or more than
two (2) times per year, on the nature and volume of judicial work
performed by the courts as determined by the information
required in subdivision (2) (2)(A) through (2)(E). Information
collected under subdivision (2)(F) shall be submitted to the
department of correction on or before May 1 of each year.
(4) Serve the judicial nominating commission and the judicial
qualifications commission in the performance by the commissions
of their statutory and constitutional functions.
(5) Administer the civil legal aid fund as required by IC 33-24-12.
(6) Administer the judicial technology and automation project
fund established by section 12 of this chapter.
(7) Develop a standard protocol for the exchange of information,
by not later than December 31, 2009:
(A) between the protective order registry, established by
IC 5-2-9-5.5, and county court case management systems;
(B) at the option of the county prosecuting attorney, for:
(i) a prosecuting attorney's case management system;
(ii) a county court case management system; and
(iii) a county court case management system developed and
operated by the division of state court administration;
to interface with the electronic traffic tickets, as defined by
IC 9-30-3-2.5; and
(C) between county court case management systems and the
case management system developed and operated by the
division of state court administration.
(8) Establish and administer an electronic system for receiving
information that relates to certain individuals who may be
prohibited from possessing a firearm and transmitting this
information to the Federal Bureau of Investigation for inclusion
in the NICS.
(b) All forms to be used in gathering data must be approved by the
supreme court and shall be distributed to all judges and clerks before
the start of each period for which reports are required.
(c) The division may adopt rules to implement this section.
(b) A determination under subsection (a) must be based upon:
(1) evidence admitted at trial that is relevant to the credit restricted status;
(2) evidence introduced at the sentencing hearing; or
(3) a factual basis provided as part of a guilty plea.
(c) Upon determining that a defendant is a credit restricted felon, a court shall advise the defendant of the consequences of this determination.
(1) each offense the person is convicted of;
(2) the sentence, including whether the sentence includes a suspended sentence, probation, or direct commitment to community corrections; and
(3) whether the person is a credit restricted felon.
(b) If a person convicted of a felony is committed to the department of correction by a court as a result of a violation of the terms of probation or other community placement, the court shall state in the abstract of judgment the specific reasons for revocation if probation, parole, or a community corrections placement has been revoked.
(1) Work faithfully at suitable employment or faithfully pursue a course of study or career and technical education that will equip the person for suitable employment.
(2) Undergo available medical or psychiatric treatment and remain in a specified institution if required for that purpose.
(3) Attend or reside in a facility established for the instruction, recreation, or residence of persons on probation.
(4) Participate in a treatment program, educational class, or rehabilitative service provided by a probation department or by referral to an agency.
responsibilities.
(5) (6) Make restitution or reparation to the victim of the crime
for damage or injury that was sustained by the victim. When
restitution or reparation is a condition of probation, the court shall
fix the amount, which may not exceed an amount the person can
or will be able to pay, and shall fix the manner of performance.
(6) (7) Execute a repayment agreement with the appropriate
governmental entity to repay the full amount of public relief or
assistance wrongfully received, and make repayments according
to a repayment schedule set out in the agreement.
(7) (8) Pay a fine authorized by IC 35-50.
(8) (9) Refrain from possessing a firearm or other deadly weapon
unless granted written permission by the court or the person's
probation officer.
(9) (10) Report to a probation officer at reasonable times as
directed by the court or the probation officer.
(10) (11) Permit the person's probation officer to visit the person
at reasonable times at the person's home or elsewhere.
(11) (12) Remain within the jurisdiction of the court, unless
granted permission to leave by the court or by the person's
probation officer.
(12) (13) Answer all reasonable inquiries by the court or the
person's probation officer and promptly notify the court or
probation officer of any change in address or employment.
(13) (14) Perform uncompensated work that benefits the
community.
(14) (15) Satisfy other conditions reasonably related to the
person's rehabilitation.
(15) (16) Undergo home detention under IC 35-38-2.5.
(16) (17) Undergo a laboratory test or series of tests approved by
the state department of health to detect and confirm the presence
of the human immunodeficiency virus (HIV) antigen or antibodies
to the human immunodeficiency virus (HIV), if:
(A) the person had been convicted of an offense relating to a
criminal sexual act and the offense created an
epidemiologically demonstrated risk of transmission of the
human immunodeficiency virus (HIV); or
(B) the person had been convicted of an offense relating to a
controlled substance and the offense involved:
(i) the delivery by any person to another person; or
(ii) the use by any person on another person;
of a contaminated sharp (as defined in IC 16-41-16-2) or other
paraphernalia that creates an epidemiologically demonstrated
risk of transmission of HIV by involving percutaneous contact.
(17) (18) Refrain from any direct or indirect contact with an
individual and, if convicted of an offense under IC 35-46-3, any
animal belonging to the individual.
(18) (19) Execute a repayment agreement with the appropriate
governmental entity or with a person for reasonable costs incurred
because of the taking, detention, or return of a missing child (as
defined in IC 10-13-5-4).
(19) (20) Periodically undergo a laboratory chemical test (as
defined in IC 14-15-8-1) or series of chemical tests as specified
by the court to detect and confirm the presence of a controlled
substance (as defined in IC 35-48-1-9). The person on probation
is responsible for any charges resulting from a test and shall have
the results of any test under this subdivision reported to the
person's probation officer by the laboratory.
(20) (21) If the person was confined in a penal facility, execute a
reimbursement plan as directed by the court and make repayments
under the plan to the authority that operates the penal facility for
all or part of the costs of the person's confinement in the penal
facility. The court shall fix an amount that:
(A) may not exceed an amount the person can or will be able
to pay;
(B) does not harm the person's ability to reasonably be self
supporting or to reasonably support any dependent of the
person; and
(C) takes into consideration and gives priority to any other
restitution, reparation, repayment, or fine the person is
required to pay under this section.
(21) (22) Refrain from owning, harboring, or training an animal.
(22) (23) Participate in a reentry court program.
(b) When a person is placed on probation, the person shall be given
a written statement specifying:
(1) the conditions of probation; and
(2) that if the person violates a condition of probation during the
probationary period, a petition to revoke probation may be filed
before the earlier of the following:
(A) One (1) year after the termination of probation.
(B) Forty-five (45) days after the state receives notice of the
violation.
(c) As a condition of probation, the court may require that the
person serve a term of imprisonment in an appropriate facility at the
time or intervals (consecutive or intermittent) within the period of
probation the court determines.
(d) Intermittent service may be required only for a term of not more
than sixty (60) days and must be served in the county or local penal
facility. The intermittent term is computed on the basis of the actual
days spent in confinement and shall be completed within one (1) year.
A person does not earn credit time while serving an intermittent term
of imprisonment under this subsection. When the court orders
intermittent service, the court shall state:
(1) the term of imprisonment;
(2) the days or parts of days during which a person is to be
confined; and
(3) the conditions.
(e) Supervision of a person may be transferred from the court that
placed the person on probation to a court of another jurisdiction, with
the concurrence of both courts. Retransfers of supervision may occur
in the same manner. This subsection does not apply to transfers made
under IC 11-13-4 or IC 11-13-5.
(f) When a court imposes a condition of probation described in
subsection (a)(17): (a)(18):
(1) the clerk of the court shall comply with IC 5-2-9; and
(2) the prosecuting attorney shall file a confidential form
prescribed or approved by the division of state court
administration with the clerk.
(g) As a condition of probation, a court shall require a person:
(1) convicted of an offense described in IC 10-13-6-10;
(2) who has not previously provided a DNA sample in accordance
with IC 10-13-6; and
(3) whose sentence does not involve a commitment to the
department of correction;
to provide a DNA sample as a condition of probation.
(h) If a court imposes a condition of probation described in
subsection (a)(4), the person on probation is responsible for any
costs resulting from the participation in a program, class, or
service. Any costs collected for services provided by the probation
department shall be deposited in the county or local supplemental
adult services fund.
(1) the person has violated a condition of probation during the
probationary period; and
(2) the petition to revoke probation is filed during the
probationary period or before the earlier of the following:
(A) One (1) year after the termination of probation.
(B) Forty-five (45) days after the state receives notice of the
violation.
(b) When a petition is filed charging a violation of a condition of
probation, the court may:
(1) order a summons to be issued to the person to appear; or
(2) order a warrant for the person's arrest if there is a risk of the
person's fleeing the jurisdiction or causing harm to others.
(c) The issuance of a summons or warrant tolls the period of
probation until the final determination of the charge.
(d) Except as provided in subsection (e), the court shall conduct
a hearing concerning the alleged violation. The court may admit the
person to bail pending the hearing. A person who is not admitted to
bail pending the hearing may not be held in jail for more than
fifteen (15) days without a hearing on the alleged violation of
probation.
(e) A person may admit to a violation of probation and waive
the right to a probation violation hearing after being offered the
opportunity to consult with an attorney. If the person admits to a
violation and requests to waive the probation violation hearing, the
probation officer shall advise the person that by waiving the right
to a probation violation hearing the person forfeits the rights
provided in subsection (f). The sanction administered must follow
the schedule of progressive probation violation sanctions adopted
by the judicial conference of Indiana under IC 11-13-1-8.
(e) (f) Except as provided in subsection (e), the state must prove
the violation by a preponderance of the evidence. The evidence shall
be presented in open court. The person is entitled to confrontation,
cross-examination, and representation by counsel.
(f) (g) Probation may not be revoked for failure to comply with
conditions of a sentence that imposes financial obligations on the
person unless the person recklessly, knowingly, or intentionally fails to
pay.
(g) (h) If the court finds that the person has violated a condition at
any time before termination of the period, and the petition to revoke is
filed within the probationary period, the court may impose one (1) or
more of the following sanctions:
(1) Continue the person on probation, with or without modifying
or enlarging the conditions.
(2) Extend the person's probationary period for not more than one (1) year beyond the original probationary period.
(3) Order execution of all or part of the sentence that was suspended at the time of initial sentencing.
(1) order one (1) or more sanctions as set forth in subsection
(2) provide credit for time served as set forth under IC 35-38-2.5-5.
(1) reinstate the person's probationary period, with or without enlarging the conditions, if the sum of the length of the original probationary period and the reinstated probationary period does not exceed the length of the maximum sentence allowable for the offense that is the basis of the probation; or
(2) order execution of all or part of the sentence that was suspended at the time of the initial sentencing.
(1) order a sanction as set forth in subsection
(2) provide credit for time served as set forth under IC 35-38-2.5-5.
(1) is in credit Class I;
(2) has demonstrated a pattern consistent with rehabilitation; and
(3) successfully completes requirements to obtain one (1) of the following:
(A) A general educational development (GED) diploma under IC 20-20-6 (before its repeal) or IC 22-4.1-18, if the person has not previously obtained a high school diploma.
(B) Except as provided in subsection (n), a high school diploma, if the person has not previously obtained a general educational development (GED) diploma.
(C) An associate's degree from an approved postsecondary educational institution (as defined under IC 21-7-13-6(a)).
(D) A bachelor's degree from an approved postsecondary educational institution (as defined under IC 21-7-13-6(a)).
(b) In addition to any credit time that a person earns under subsection (a) or section 3 of this chapter, a person may earn credit time if, while confined by the department of correction, the person:
(1) is in credit Class I;
(2) demonstrates a pattern consistent with rehabilitation; and
(3) successfully completes requirements to obtain at least one (1) of the following:
(A) A certificate of completion of a career and technical education program approved by the department of correction.
(B) A certificate of completion of a substance abuse program approved by the department of correction.
(C) A certificate of completion of a literacy and basic life skills program approved by the department of correction.
(D) A certificate of completion of a reformative program approved by the department of correction.
(c) The department of correction shall establish admissions criteria and other requirements for programs available for earning credit time under subsection (b). A person may not earn credit time under both subsections (a) and (b) for the same program of study.
(d) The amount of credit time a person may earn under this section is the following:
(1) Six (6) months for completion of a state of Indiana general educational development (GED) diploma under IC 20-20-6 (before its repeal) or IC 22-4.1-18.
(2) One (1) year for graduation from high school.
(3) One (1) year for completion of an associate's degree.
(4) Two (2) years for completion of a bachelor's degree.
(5) Not more than a total of six (6) months of credit, as
determined by the department of correction, for the completion of
one (1) or more career and technical education programs
approved by the department of correction.
(6) Not more than a total of six (6) months of credit, as
determined by the department of correction, for the completion of
one (1) or more substance abuse programs approved by the
department of correction.
(7) Not more than a total of six (6) months credit, as determined
by the department of correction, for the completion of one (1) or
more literacy and basic life skills programs approved by the
department of correction.
(8) Not more than a total of six (6) months credit time, as
determined by the department of correction, for completion of one
(1) or more reformative programs approved by the department of
correction. However, a person who is serving a sentence for an
offense listed under IC 11-8-8-4.5 may not earn credit time under
this subdivision.
However, a person who does not have a substance abuse problem that
qualifies the person to earn credit in a substance abuse program may
earn not more than a total of twelve (12) months of credit, as
determined by the department of correction, for the completion of one
(1) or more career and technical education programs approved by the
department of correction. If a person earns more than six (6) months of
credit for the completion of one (1) or more career and technical
education programs, the person is ineligible to earn credit for the
completion of one (1) or more substance abuse programs.
(e) Credit time earned by a person under this section is subtracted
from the release date that would otherwise apply to the person after
subtracting all other credit time earned by the person.
(f) A person does not earn credit time under subsection (a) unless
the person completes at least a portion of the degree requirements after
June 30, 1993.
(g) A person does not earn credit time under subsection (b) unless
the person completes at least a portion of the program requirements
after June 30, 1999.
(h) Credit time earned by a person under subsection (a) for a
diploma or degree completed before July 1, 1999, shall be subtracted
from:
(1) the release date that would otherwise apply to the person after
subtracting all other credit time earned by the person, if the
person has not been convicted of an offense described in
subdivision (2); or
(2) the period of imprisonment imposed on the person by the sentencing court, if the person has been convicted of one (1) of the following crimes:
(A) Rape (IC 35-42-4-1).
(B) Criminal deviate conduct (IC 35-42-4-2).
(C) Child molesting (IC 35-42-4-3).
(D) Child exploitation (IC 35-42-4-4(b)).
(E) Vicarious sexual gratification (IC 35-42-4-5).
(F) Child solicitation (IC 35-42-4-6).
(G) Child seduction (IC 35-42-4-7).
(H) Sexual misconduct with a minor as a Class A felony, Class B felony, or Class C felony (IC 35-42-4-9).
(I) Incest (IC 35-46-1-3).
(J) Sexual battery (IC 35-42-4-8).
(K) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age.
(L) Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age.
(M) An attempt or a conspiracy to commit a crime listed in clauses (A) through (L).
(i) The maximum amount of credit time a person may earn under this section is the lesser of:
(1) four (4) years; or
(2) one-third (1/3) of the person's total applicable credit time.
(j)
(1) postconviction release (as defined in IC 35-40-4-6); or
(2) assignment of the person to a community transition program;
in less than forty-five (45) days after the person earns the credit time.
(k) A person may earn credit time for multiple degrees at the same education level under subsection (d) only in accordance with guidelines approved by the department of correction. The department of correction may approve guidelines for proper sequence of education degrees under subsection (d).
(l) A person may not earn credit time:
(1) for a general educational development (GED) diploma if the person has previously earned a high school diploma; or
(2) for a high school diploma if the person has previously earned a general educational development (GED) diploma.
(m) A person may not earn credit time under this section if the
person:
(1) commits an offense listed in IC 11-8-8-4.5 while the person is
required to register as a sex or violent offender under IC 11-8-8-7;
and
(2) is committed to the department of correction after being
convicted of the offense listed in IC 11-8-8-4.5.
(n) For a person to earn credit time under subsection (a)(3)(B) for
successfully completing the requirements for a high school diploma
through correspondence courses, each correspondence course must be
approved by the department before the person begins the
correspondence course. The department may approve a correspondence
course only if the entity administering the course is recognized and
accredited by the department of education in the state where the entity
is located.
Chapter 21. County Offender Fund
Sec. 1. Each county shall establish, by resolution, a county offender fund to redistribute incentives received under IC 11-10-16 to:
(1) programs that defray the expense of housing an offender in jail;
(2) probation programs;
(3) work release programs;
(4) community corrections programs;
(5) problem solving courts; and
(6) substance abuse treatment programs.
Sec. 2. Money in a county offender fund established under section 1 of this chapter may be spent only under an appropriation from the county fiscal body.