Bill Text: IN HB1200 | 2012 | Regular Session | Enrolled
Bill Title: Various corrections matters.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Enrolled - Dead) 2012-03-19 - Signed by the Governor [HB1200 Detail]
Download: Indiana-2012-HB1200-Enrolled.html
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AN ACT to amend the Indiana Code concerning corrections.
Be it enacted by the General Assembly of the State of Indiana:
(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;
(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),
(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).
SECTION 2. IC 11-13-1-8, AS AMENDED BY P.L.1-2007,
SECTION 102, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 8. (a) As used in this section,
"board" refers to the board of directors of the judicial conference of
Indiana established by IC 33-38-9-3.
(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; and
(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.
SECTION 3. IC 11-13-3-3, AS AMENDED BY P.L.105-2010, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) A person sentenced under IC 35-50 shall be released on parole or discharged from the person's term of imprisonment under IC 35-50 without a parole release hearing.
(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;
(1) (2) at least forty (40) days before: a
(A) the discharge or release of a committed offender; or
(B) the date of a hearing occurs; concerning a committed
offender's possible discharge or release; and
(2) (3) if the date of a committed offender's discharge or
release as referred to in subdivision (2)(A) is changed during
the forty (40) day notification period referred to in
subdivision (2), not later more than twenty-four (24) hours after
the escape of a committed offender. forty-eight (48) hours after
the change in the discharge or release date.
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).
SECTION 4. IC 16-41-6-1, AS AMENDED BY SEA 52-2012, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) As used in this section, "physician's authorized representative" means:
(1) an advanced practice nurse (as defined by IC 25-23-1-1(b)) who is operating in collaboration with a licensed physician; or
(2) an individual acting under the supervision of a licensed physician and within the individual's scope of employment.
(b) If a physician or the physician's authorized representative determines that it is medically necessary to conduct an HIV test on an individual under the care of a physician, the physician or physician's authorized representative may order the test if the physician or the physician's authorized representative:
(1) informs the patient of the test;
(2) provides an explanation of the test; and
(3) informs the patient of the patient's right to refuse the test.
Subject to subsection (d), if the patient refuses the test, the physician or the physician's authorized representative may not perform the test and shall document the patient's refusal in the patient's medical record.
(c) After ordering an HIV test for a patient, the physician or the physician's authorized representative shall:
(1) discuss with the patient the availability of counseling concerning the test results; and
(2) notify the patient of the test results.
If a test conducted under this section indicates that a patient is HIV infected, in addition to the requirements set forth in IC 16-41-2, the physician or the physician's authorized representative shall inform the patient of treatment and referral options available to the patient.
(d) A physician or a physician's authorized representative may order an HIV test to be performed without informing the patient or the patient's representative (as defined in IC 16-36-1-2) of the test or regardless of the patient's or the patient's representative's refusal of the HIV test if any of the following conditions apply:
(1) If ordered by a physician, consent can be implied due to 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 subdivision 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.
(6) The individual upon whom the test will be performed is
described in IC 16-41-8-6 or IC 16-41-10-2.5.
(7) A court has ordered the individual to undergo testing for HIV
under IC 35-38-1-10.5(a) or IC 35-38-2-2.3(a)(16).
IC 35-38-2-2.3(a)(17).
(8) Both of the following are met:
(A) The individual is not capable of providing consent and an
authorized representative of the individual is not immediately
available to provide consent or refusal of the test.
(B) A health care provider acting within the scope of the
health care provider's employment comes into contact with the
blood or body fluids of the individual in a manner that has
been epidemiologically demonstrated to transmit HIV.
(e) The state department shall make HIV testing and treatment
information from the federal Centers for Disease Control and
Prevention available to health care providers.
(f) The state department may adopt rules under IC 4-22-2 necessary
to implement this section.
SECTION 5. IC 31-37-19-1, AS AMENDED BY P.L.146-2008,
SECTION 647, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 1. (a) Subject to section 6.5 of this
chapter, if a child is a delinquent child under IC 31-37-2, the juvenile
court may enter one (1) or more of the following dispositional decrees:
(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.
SECTION 6. IC 31-37-19-5, AS AMENDED BY P.L.146-2008, SECTION 650, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. (a) This section applies if a child is a delinquent child under IC 31-37-1.
(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.
SECTION 7. IC 35-38-1-7.8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 7.8. (a) At the time of sentencing, a court shall
determine whether a person is a credit restricted felon (as defined
in IC 35-31.5-2-72).
(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.
SECTION 8. IC 35-38-1-31 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 31. (a) If a court imposes on a person convicted of a felony a sentence that involves a commitment to the department of correction, the court shall complete an abstract of judgment in an electronic format approved by the department of correction and the division of state court administration. The abstract of judgment must include, but not be limited to:
(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.
SECTION 9. IC 35-38-2-2.3, AS AMENDED BY P.L.111-2009, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2.3. (a) As a condition of probation, the court may require a person to do a combination of the following:
(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.
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.
SECTION 10. IC 35-38-2-3, AS AMENDED BY P.L.106-2010,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. (a) The court may revoke a person's probation
if:
(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.
(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.
SECTION 11. IC 35-50-6-3.3, AS AMENDED BY P.L.228-2011, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3.3. (a) In addition to any credit time a person earns under subsection (b) or section 3 of this chapter, a person earns credit time if the person:
(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.
HEA 1200
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