Introduced Version
HOUSE BILL No. 1259
_____
DIGEST OF INTRODUCED BILL
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.
Lawson L
January 13, 2010, read first time and referred to Committee on Public Policy.
Introduced
Second Regular Session 116th General Assembly (2010)
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HOUSE BILL No. 1259
A BILL FOR AN ACT to amend the Indiana Code concerning
corrections.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 11-8-1-5.6; (10)IN1259.1.1. -->
SECTION 1. IC 11-8-1-5.6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5.6. "Community
transition program commencement date" means the following:
(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:
(1) Not earlier than sixty (60) 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 D
felony.
(2) (A) not earlier than ninety (90) 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 C felony and subdivision (3) does not apply.
offender's executed sentence is less than one (1) year;
(3) (B) not earlier than one hundred twenty (120) 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
(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.
SOURCE: IC 11-10-11.5-1; (10)IN1259.1.2. -->
SECTION 2. IC 11-10-11.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. This chapter applies
to a person:
(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 two (2)
years. one (1) year.
SOURCE: IC 11-10-11.5-2; (10)IN1259.1.3. -->
SECTION 3. IC 11-10-11.5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. (a) The department
is not required to give notice under this section if the terms for
community transition programming are included in an offender's
sentencing order and abstract of judgment.
(a) (b) Not earlier than sixty (60) days and not later than forty-five
(45) days before an offender's community transition program
commencement date, the department shall give written notice of the
offender's eligibility for a community transition program to each court
that sentenced the offender for a period of imprisonment that the
offender is still actively serving. The notice may be delivered in an
electronic format and must include the following information:
(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.
(7) (10) Any other information that the department determines
would assist the sentencing court in determining whether to issue
an order under IC 35-38-1-24 or IC 35-38-1-25.
(b) (c) If the offender's expected release date changes as the result
of the loss of credit time after notice is sent to each court under this
section, the offender may become ineligible for a community transition
program.
(c) (d) If the offender's expected release date changes as the result
of the gain of credit time after notice is sent to each court under this
section, the offender may be assigned to a community transition
program if the department determines that:
(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.
(d) (e) The department shall notify each court whenever the
department finds that an offender is ineligible for the program because
of a change in the person's credit time.
SOURCE: IC 11-10-11.5-5; (10)IN1259.1.4. -->
SECTION 4. IC 11-10-11.5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. (a) This section
applies to a person if the most serious offense for which the person is
committed is a Class C or Class D felony. person's executed sentence
is less than six (6) years.
(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.
SOURCE: IC 11-10-11.5-6; (10)IN1259.1.5. -->
SECTION 5. IC 11-10-11.5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6. (a) This section
applies to a person if the sentencing court orders the department to
assign a person to a community transition program under
IC 35-38-1-25. person's executed sentence is at least six (6) years.
(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 specified in the
sentencing court's order 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.
SOURCE: IC 11-13-3-3; (10)IN1259.1.6. -->
SECTION 6. IC 11-13-3-3, AS AMENDED BY P.L.173-2006,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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).
SOURCE: IC 35-38-1-17; (10)IN1259.1.7. -->
SECTION 7. IC 35-38-1-17, AS AMENDED BY P.L.2-2005,
SECTION 123, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 17. (a) Within three hundred
sixty-five (365) days after:
(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.
SOURCE: IC 35-38-1-24; (10)IN1259.1.8. -->
SECTION 8. IC 35-38-1-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 24. (a) This section
applies to a person if the most serious offense for which the person is
committed is a Class C or Class D felony. person's executed sentence
is less than six (6) years.
(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.
SOURCE: IC 35-38-1-25; (10)IN1259.1.9. -->
SECTION 9. IC 35-38-1-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 25. (a) This section
applies to a person if the
person's executed sentence is at least six (6)
years.
(b)
A Not later than forty-five (45) days after receiving a notice
under IC 11-10-11.5-2, the sentencing court may:
sentence a person
or modify the sentence of a person
(1) order the department to assign the person to a community
transition program
for any period that begins after the person's
community transition program commencement date (as defined
in IC 11-8-1-5.6) and ends when if the court determines the
placement of the person in the community transition program
does not:
(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.
SOURCE: IC 35-50-6-1; (10)IN1259.1.10. -->
SECTION 10. IC 35-50-6-1, AS AMENDED BY P.L.216-2007,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 1. (a) Except as provided in subsection (d) or (e),
when a person imprisoned for a felony completes the person's fixed
term of imprisonment, less the credit time the person has earned with
respect to that term, the person shall be:
(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
was assigned to successfully completed a community
transition program and may be discharged without the
requirement of parole;
or
(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.