Bill Text: IN HB1356 | 2013 | Regular Session | Introduced
Bill Title: Credit time for child molesters.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2013-01-22 - First reading: referred to Committee on Courts and Criminal Code [HB1356 Detail]
Download: Indiana-2013-HB1356-Introduced.html
Citations Affected: IC 35-38-1; IC 35-50-6.
Synopsis: Credit time for child molesters. Provides that a person
convicted of child molesting involving intercourse or deviate sexual
conduct is not eligible to earn "good time" credit. Makes conforming
amendments.
Effective: July 1, 2013.
January 22, 2013, read first time and referred to Committee on Courts and Criminal Code.
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A BILL FOR AN ACT to amend the Indiana Code concerning
corrections.
(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;
(3) a factual basis provided as part of a guilty plea; or
(4) the judgment of conviction.
(c) Upon determining that a defendant is a credit restricted felon or a person permanently assigned to Class III, a court shall advise the defendant of the consequences of this determination.
JULY 1, 2013]: 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; and
(4) whether the person is required to be permanently assigned
to Class III under IC 35-50-6-4(c).
(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parole, or a community corrections placement has been revoked.
(b) A person who is a credit restricted felon and who is imprisoned for a crime or imprisoned awaiting trial or sentencing is initially assigned to Class IV, unless the person is required to be permanently assigned to Class III under subsection (c). A credit restricted felon may not be assigned to Class I or Class II.
(c) A person who is imprisoned following a conviction for child molesting under IC 35-42-4-3(a), including a credit restricted felon, is permanently assigned to Class III. A person permanently assigned to Class III may not be reassigned to Class I, II, or IV.
(1) A rule of the department of correction.
(2) A rule of the penal facility in which the person is imprisoned.
(3) A rule or condition of a community transition program.
However, a violation of a condition of parole or probation may not be the basis for reassignment. Before a person may be reassigned to a lower credit time class, the person must be granted a hearing to
determine the person's guilt or innocence and, if found guilty, whether
reassignment is an appropriate disciplinary action for the violation. The
person may waive the right to the hearing.
(d) (e) A person who is assigned to Class IV may be reassigned to
Class III if the person violates any of the following:
(1) A rule of the department of correction.
(2) A rule of the penal facility in which the person is imprisoned.
(3) A rule or condition of a community transition program.
However, a violation of a condition of parole or probation may not be
the basis for reassignment. Before a person may be reassigned to Class
III, the person must be granted a hearing to determine the person's guilt
or innocence and, if found guilty, whether reassignment is an
appropriate disciplinary action for the violation. The person may waive
the right to the hearing.
(e) (f) In connection with the hearing granted under subsection (c)
(d) or (d), (e), the person is entitled to:
(1) have not less than twenty-four (24) hours advance written
notice of the date, time, and place of the hearing, and of the
alleged misconduct and the rule the misconduct is alleged to have
violated;
(2) have reasonable time to prepare for the hearing;
(3) have an impartial decisionmaker;
(4) appear and speak in the person's own behalf;
(5) call witnesses and present evidence;
(6) confront and cross-examine each witness, unless the hearing
authority finds that to do so would subject a witness to a
substantial risk of harm;
(7) have the assistance of a lay advocate (the department may
require that the advocate be an employee of, or a fellow prisoner
in, the same facility or program);
(8) have a written statement of the findings of fact, the evidence
relied upon, and the reasons for the action taken;
(9) have immunity if the person's testimony or any evidence
derived from the person's testimony is used in any criminal
proceedings; and
(10) have the person's record expunged of any reference to the
charge if the person is found not guilty or if a finding of guilt is
later overturned.
Any finding of guilt must be supported by a preponderance of the
evidence presented at the hearing.
(f) (g) Except as provided in subsection (c), a person may be
reassigned from Class III to Class I, Class II, or Class IV, or from Class
II to Class I. A person's assignment to Class III or Class II shall be
reviewed at least once every six (6) months to determine if the person
should be reassigned to a higher credit time class. A credit restricted
felon or person permanently assigned to Class III under subsection
(c) may not be reassigned to Class I or Class II.
(1) A violation of one (1) or more rules of the department of correction.
(2) If the person is not committed to the department, a violation of one (1) or more rules of the penal facility in which the person is imprisoned.
(3) A violation of one (1) or more rules or conditions of a:
(A) community transition program; or
(B) community corrections program.
(4) If a court determines that a civil claim brought by the person in a state or an administrative court is frivolous, unreasonable, or groundless.
(5) If the person is a sex offender (as defined in IC 11-8-8-5) and refuses to register before being released from the department as required under IC 11-8-8-7.
(6) If the person is a sex offender (as defined in IC 11-8-8-5) and refuses to participate in a sex offender treatment program specifically offered to the sex offender by the department of correction while the person is serving a period of incarceration with the department of correction.
However, the violation of a condition of parole or probation may not be the basis for deprivation. Whenever a person is deprived of credit time, the person may also be reassigned to Class II (if the person is not a credit restricted felon or a person permanently assigned to Class III) or Class III.
(b) Before a person may be deprived of earned credit time, the person must be granted a hearing to determine the person's guilt or innocence and, if found guilty, whether deprivation of earned credit time is an appropriate disciplinary action for the violation. In connection with the hearing, the person is entitled to the procedural safeguards listed in section
(c) Any part of the credit time of which a person is deprived under
this section may be restored.
