Bill Text: IN HB1259 | 2010 | Regular Session | Introduced
Bill Title: Community transition programs for offenders.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-13 - First reading: referred to Committee on Public Policy [HB1259 Detail]
Download: Indiana-2010-HB1259-Introduced.html
Citations Affected: IC 11-8-1-5.6; IC 11-10-11.5; IC 11-13-3-3;
IC 35-38-1; IC 35-50-6-1.
Synopsis: Community transition programs for offenders. Changes the
community transition program (CTP) commencement dates for
offenders. Requires the department of correction (department) to
provide certain additional information when the department gives
notice of an offender's eligibility for a CTP. Changes eligibility
requirements to participate in CTPs. Requires the department to notify
certain individuals if an offender is released to a CTP. Permits certain
sentences to be suspended or reduced if the offender is participating in
a CTP. Makes different provisions regarding CTPs consistent with one
another.
Effective: July 1, 2010.
January 13, 2010, read first time and referred to Committee on Public Policy.
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A BILL FOR AN ACT to amend the Indiana Code concerning
corrections.
(1) For a court having felony jurisdiction that is not certified as a reentry court under IC 33-23-14 and by the rules adopted under IC 33-23-14-9:
date, if the offender's executed sentence is at least one (1)
year but not more than six (6) years; and
(A) the most serious offense for which the person is committed
is a Class C felony;
(B) all of the offenses for which the person was concurrently
or consecutively sentenced are offenses under IC 16-42-19 or
IC 35-48-4; and
(C) none of the offenses for which the person was concurrently
or consecutively sentenced are listed in IC 35-50-2-2(b)(4).
(4) Not earlier than one hundred twenty (120) days and not later
than thirty (30) days before an offender's expected release date, if
the most serious offense for which the person is committed is a
Class A or Class B felony and subdivision (5) does not apply.
(5) Not earlier than one hundred eighty (180) days and not later
than thirty (30) days before an offender's expected release date, if:
(A) the most serious offense for which the person is committed
is a Class A or Class B felony;
(B) all of the offenses for which the person was concurrently
or consecutively sentenced are offenses under IC 16-42-19 or
IC 35-48-4; and
(C) none of the offenses for which the person was concurrently
or consecutively sentenced are listed in IC 35-50-2-2(b)(4).
(C) not earlier than one hundred eighty (180) days and not
later than thirty (30) days before an offender's expected
release date if the offender's executed sentence is more
than six (6) years.
(2) For a court having felony jurisdiction that is certified as a
reentry court under IC 33-23-14 and by the rules adopted
under IC 33-23-14-9:
(A) not earlier than ninety (90) days and not later than
thirty (30) days before an offender's expected release date,
if the offender's executed sentence is less than one (1) year;
(B) not earlier than one hundred eighty (180) days and not
later than thirty (30) days before an offender's expected
release date, if the offender's executed sentence is at least
one (1) year but not more than six (6) years; and
(C) not earlier than one (1) year and not later than thirty
(30) days before an offender's expected release date if the
offender's executed sentence is more than six (6) years.
(1) who is committed to the department under IC 35-50 for one (1) or more felonies; and
(2) against whom a court imposed a sentence of at least
(1) The person's name.
(2) A description of the offenses for which the person was committed to the department.
(3) The person's expected release date.
(4) The person's community transition program commencement date designated by the department.
(5) The person's current security and credit time classifications.
(6) A report summarizing the person's conduct while committed to the department.
(7) Any outstanding warrants or detainers for the person.
(8) The person's place of residence.
(9) As assessment of the person's risks and needs, if available.
(1) a sufficient amount of time exists to allow a court under IC 35-38-1-24 or IC 35-38-1-25 to consider a written statement described in section 4.5 of this chapter; and
(2) an offender will have at least thirty (30) days remaining on the offender's sentence after the court's consideration of a written statement under subdivision (1), calculated as follows:
(A) Beginning on the date the department will assign the offender to a minimum security classification and place the offender in a community transition program.
(B) Ending with the recalculated expected release date.
(b) Unless the department has received:
(1) an order under IC 35-38-1-24; or
(2) a warrant order of detainer seeking the transfer of the person to a county or another jurisdiction;
the department shall assign a person to a minimum security classification and place the person in a community transition program beginning with the community transition program commencement date designated by the department until the person completes the person's fixed term of imprisonment, less the credit time the person has earned with respect to the term.
(b) Unless the department has received:
(1) an order under IC 35-38-1-25; or
(2) a warrant order of detainer seeking the transfer of the person to a county or another jurisdiction;
the department shall assign a minimum security classification and place the person in a community transition program beginning with the community transition program commencement date
JULY 1, 2010]: 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 to a community transition program; or
(6) (7) 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) at least forty (40) days before a discharge, release, or hearing
occurs; and
(2) not later than twenty-four (24) hours after the escape of a
committed offender.
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), the board
shall order and consider a community investigation, which must
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) 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).
(1) a convicted person begins serving the sentence imposed on the person;
(2) a hearing is held:
(A) at which the convicted person is present or permitted to participate by video conference; and
(B) of which the prosecuting attorney has been notified; and
(3) the court obtains a report from the department of correction concerning the convicted person's conduct while imprisoned;
the court may reduce or suspend the sentence. The court must incorporate its reasons in the record.
(b) If more than three hundred sixty-five (365) days have elapsed since the convicted person began serving the sentence and after a hearing at which the convicted person is present or permitted to participate by video conference, the court may reduce or suspend the sentence, subject to the approval of the prosecuting attorney. However, if in a sentencing hearing for a convicted person conducted after June 30, 2001, the court could have placed the convicted person in a community corrections program as an alternative to commitment to the department of correction, the court may modify the convicted person's sentence under this section without the approval of the prosecuting attorney to place the convicted person in a:
(1) community corrections program under IC 35-38-2.6; or
(2) community transition program under section 24 or 25 of this chapter.
(c) The court must give notice of the order to reduce or suspend the sentence under this section to the victim (as defined in IC 35-35-3-1) of the crime for which the convicted person is serving the sentence.
(d) The court may suspend a sentence for a felony under this section only if:
(1) the suspension:
(A) is permitted under IC 35-50-2-2; or
(B) satisfies the minimum sentence requirements under IC 35-50-2-1(c); and
(2) the convicted person has been approved to participate in a:
(A) community transition program under section 24 or 25 of this chapter; or
(B) court reentry program under IC 33-23-14.
(e) The court may deny a request to suspend or reduce a sentence under this section without making written findings and conclusions.
(f) Notwithstanding subsections (a) and (b), the court is not required to conduct a hearing before reducing or suspending a sentence if:
(1) the prosecuting attorney has filed with the court an agreement of the reduction or suspension of the sentence; and
(2) the convicted person has filed with the court a waiver of the right to be present when the order to reduce or suspend the sentence is considered.
(b) Not later than forty-five (45) days after receiving a notice under IC 11-10-11.5-2, the sentencing court may order the department of correction to retain control over a person until the person completes the person's fixed term of imprisonment, less the credit time the person has earned with respect to the term, if the court makes specific findings that support a determination:
(1) that placement of the person in a community transition program:
(A) places the person in danger of serious bodily injury or death; or
(B) represents a substantial threat to the safety of others; or
(2) of other good cause.
If the court issues an order under this section, the department of correction may not assign a person to a community transition program.
(c) The court may make a determination under this section without a hearing. The court shall consider any written statement presented to the court by a victim of the offender's crime or by an offender under IC 11-10-11.5-4.5. The court in its discretion may consider statements submitted by a victim after the time allowed for the submission of statements under IC 11-10-11.5-4.5.
(d) The court shall make written findings for a determination under this section, whether or not a hearing was held.
(e) Not later than five (5) days after making a determination under this section, the court shall send a copy of the order to the:
(1) prosecuting attorney where the person's case originated; and
(2) department of correction.
(b)
(1) order the department to assign the person to a community transition program
(A) place the person in danger of serious bodily harm or death; and
(B) present a substantial threat to the safety of other
individuals; or
(2) order the department to retain control over the person
until the person completes the person's fixed term of
imprisonment, less the credit time the person has earned with
respect to the term, if the court makes specific findings of fact that
support a determination that: it is in the best interests of justice to
make the assignment. The order may include any other condition
that the court could impose if the court had placed the person on
probation under IC 35-38-2 or in a community corrections
program under IC 35-38-2.6.
(A) placement of the person in a community transition
program:
(i) places the person in danger of serious bodily injury or
death; or
(ii) represents a substantial threat to the safety of other
individuals; or
(B) other good reasons exist for the order.
(c) The court may make a determination under this section without
a hearing. The court shall consider any written statement presented to
the court by a victim of the offender's crime or by an offender under
IC 11-10-11.5-4.5. The court in its discretion may consider statements
submitted by a victim after the time allowed for the submission of
statements under IC 11-10-11.5-4.5.
(d) The court shall make written findings for a determination under
this section, whether or not a hearing was held.
(e) Not later than five (5) days after making a determination under
this section, the court shall send a copy of the order to the:
(1) prosecuting attorney where the person's case originated; and
(2) department of correction.
(1) released on parole for not more than twenty-four (24) months, as determined by the parole board;
(2) discharged upon a finding by the committing court that the person
(3) released to the committing court if the sentence included a
period of probation; or
(4) discharged if the committing court or a certified reentry
court finds that the person successfully completed a reentry
program and may be discharged without the requirement of
parole.
(b) This subsection does not apply to a person described in
subsection (d), (e), or (f). A person released on parole remains on
parole from the date of release until the person's fixed term expires,
unless the person's parole is revoked or the person is discharged from
that term by the parole board. In any event, if the person's parole is not
revoked, the parole board shall discharge the person after the period set
under subsection (a) or the expiration of the person's fixed term,
whichever is shorter.
(c) A person whose parole is revoked shall be imprisoned for all or
part of the remainder of the person's fixed term. However, the person
shall again be released on parole when the person completes that
remainder, less the credit time the person has earned since the
revocation. The parole board may reinstate the person on parole at any
time after the revocation.
(d) This subsection does not apply to a person who is a sexually
violent predator under IC 35-38-1-7.5. When a sex offender (as defined
in IC 11-8-8-4.5) completes the sex offender's fixed term of
imprisonment, less credit time earned with respect to that term, the sex
offender shall be placed on parole for not more than ten (10) years.
(e) This subsection applies to a person who:
(1) is a sexually violent predator under IC 35-38-1-7.5;
(2) has been convicted of murder (IC 35-42-1-1); or
(3) has been convicted of voluntary manslaughter (IC 35-42-1-3).
When a person described in this subsection completes the person's
fixed term of imprisonment, less credit time earned with respect to that
term, the person shall be placed on parole for the remainder of the
person's life.
(f) This subsection applies to a parolee in another jurisdiction who
is a person described in subsection (e) and whose parole supervision is
transferred to Indiana from another jurisdiction. In accordance with
IC 11-13-4-1(2) (Interstate Compact for Out-of-State Probationers and
Parolees) and rules adopted under Article VII (d)(8) of the Interstate
Compact for Adult Offender Supervision (IC 11-13-4.5), a parolee who
is a person described in subsection (e) and whose parole supervision is
transferred to Indiana is subject to the same conditions of parole as a
person described in subsection (e) who was convicted in Indiana,
including:
(1) lifetime parole (as described in subsection (e)); and
(2) the requirement that the person wear a monitoring device (as described in IC 35-38-2.5-3) that can transmit information twenty-four (24) hours each day regarding a person's precise location, if applicable.
(g) If a person being supervised on lifetime parole as described in subsection (e) is also required to be supervised by a court, a probation department, a community corrections program, a community transition program, or another similar program upon the person's release from imprisonment, the parole board may:
(1) supervise the person while the person is being supervised by the other supervising agency; or
(2) permit the other supervising agency to exercise all or part of the parole board's supervisory responsibility during the period in which the other supervising agency is required to supervise the person, if supervision by the other supervising agency will be, in the opinion of the parole board:
(A) at least as stringent; and
(B) at least as effective;
as supervision by the parole board.
(h) The parole board is not required to supervise a person on lifetime parole during any period in which the person is imprisoned. However, upon the person's release from imprisonment, the parole board shall recommence its supervision of a person on lifetime parole.
(i) If a court orders the parole board to place a sexually violent predator whose sentence does not include a commitment to the department of correction on lifetime parole under IC 35-38-1-29, the parole board shall place the sexually violent predator on lifetime parole and supervise the person in the same manner in which the parole board supervises a sexually violent predator on lifetime parole whose sentence includes a commitment to the department of correction.
