Bill Text: IN HB1530 | 2011 | Regular Session | Introduced
Bill Title: Corrections and sentencing.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-01-20 - First reading: referred to Committee on Courts and Criminal Code [HB1530 Detail]
Download: Indiana-2011-HB1530-Introduced.html
Citations Affected: IC 11-8-1; IC 11-10; IC 11-12; IC 11-13;
IC 11-14-1-5; IC 34-30; IC 35-32-2-2; IC 35-38; IC 35-41-1-8.3;
IC 35-43; IC 35-48-4; IC 35-50-2; P.L.182-2009(ss), SECTION 493.
Synopsis: Corrections and sentencing. Requires the department of
correction to: (1) determine the average daily marginal cost of
incarcerating an offender; (2) determine the average length of stay for
a Class D felony offender in the department; and (3) administer an
incentive and disincentive program for counties to reduce the number
of Class D felony offenders committed to the department. Requires the
judicial conference to adopt rules concerning swift and certain
sanctions that a probation officer may use in supervising persons on
probation. Establishes the substance abuse treatment fund administered
by the department of correction to award grants to probation
departments to increase substance abuse treatment access for persons
on probation who have substance abuse addictions. Requires the
department of correction to: (1) supervise parolees who were sentenced
by a court in Indiana for murder, a Class A felony, a sex offense, or
incest; (2) assist all parolees sentenced by a court in Indiana; and (3)
supervise and assist out-of-state parolees accepted under an interstate
compact as required by the interstate compact. Provides that when a
court imposes a sentence on a specified type of offender, the court shall
suspend part of the sentence and require the offender to serve the
suspended period on probation, in a community corrections program,
or in a problem solving court program. Requires the board of directors
of the judicial conference of Indiana to adopt rules to establish
standards of probation supervision provided by probation departments
based on validated risk assessments of offenders. Establishes the
probation improvement fund administered by the department of
correction to award grants based on a recommendation by the judicial
Effective: July 1, 2011.
January 20, 2011, read first time and referred to Committee on Courts and Criminal Code.
Digest Continued
conference of Indiana to: (1) county probation departments that
supervise persons convicted of a felony to promote the adoption of
certain best practices to improve probation administration and services
and reduce probation revocations; and (2) counties that supervise
persons who have been convicted of a felony to consolidate and
improve the efficiency of probation administration and services and
community corrections programs contingent on the ability of a county
probation department to demonstrate a minimal level of coordination
with other offender supervision agencies operating in the same county,
including community corrections programs, parole authorities, and
other probation agencies. Requires local and state community
corrections programs to use services, programs, and practices that
reduce recidivism rates, as demonstrated by scientific research, among
persons who participate in community corrections programs. Requires
community corrections boards to coordinate or operate educational,
mental health, drug or alcohol abuse counseling, housing, and
supervision services for persons participating in community corrections
programs. Provides that money received by a community corrections
program or community transition program from the state may be used
only to provide community corrections or community transition
services for persons who have been convicted of a felony. Provides that
any user fees collected: (1) by a community corrections program that
is funded in whole or in part by money received from the state; and (2)
from persons who have been convicted of a felony; may be used only
to provide services for persons who have been convicted of a felony.
Provides that if the department of correction establishes or contracts for
the establishment of a community corrections program, the program
may provide services only for persons who have been convicted of a
felony. Provides that any home detention user fees collected: (1) by a
community corrections program that provides supervision of home
detention and is funded in whole or in part by money received from the
state; and (2) from persons who have been convicted of a felony; may
be used only to provide home detention services for persons who have
been convicted of a felony. Removes certain Class D felonies from the
list of felonies for which a court may suspend only the part of the
sentence that exceeds the minimum sentence. Repeals the statute
prohibiting the suspension of certain felony sentences if the person has
a juvenile record. Removes certain habitual traffic violator statutes
from the list of crimes that are not suspendible. Defines "defraud" for
purposes of criminal law. Makes theft: (1) a Class A misdemeanor if
the amount of property involved in the theft is less than $750; (2) a
Class D felony if the amount is between $750 and $50,000 or if the
person has a prior conviction; and (3) a Class C felony if the amount of
property is at least $50,000. Removes provisions relating to receiving
stolen property. Makes forgery a Class D felony. Consolidates certain
duplicative provisions and makes enhancements to certain crimes more
uniform. Requires the criminal code evaluation commission to study
truth in sentencing, good time credit and earned credit time, and felony
classifications during the 2011 interim. Specifies that a person who
possesses: (1) up to ten grams of cocaine or methamphetamine
commits a Class D felony; (2) from ten to 28 grams of cocaine or
methamphetamine commits a Class C felony; and (3) more than 28
grams of cocaine or methamphetamine commits a Class B felony.
Provides that a person who manufactures or deals: (1) up to ten grams
of cocaine, methamphetamine, or a schedule I-III controlled substance
(or up to 24 pills of a schedule I-III controlled substance in pill form)
commits a Class C felony; (2) from ten to 28 grams of cocaine,
methamphetamine, or a schedule I-III controlled substance (or from 24
to 72 pills of a schedule I-III controlled substance in pill form) commits
Digest Continued
a Class B felony; and (3) more than 28 grams of cocaine,
methamphetamine, or a schedule I-III controlled substance (or more
than 72 pills of a schedule I-III controlled substance in pill form)
commits a Class A felony. Provides additional sentence enhancements
if the person possesses or deals the cocaine, methamphetamine, or
schedule I-III controlled substance: (1) on a school bus; (2) near a
school, park, public housing facility, or youth program center; (3) to
certain minors; or (4) while also possessing a firearm. Makes an
appropriation. Repeals auto theft (same offense as theft) and terroristic
deception (consolidated in other provisions). (The introduced version
of this bill was prepared by the criminal code evaluation commission.)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure and to make an appropriation.
(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) 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.
(3) Not earlier than one hundred twenty (120) 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 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).
IC 35-50-2-2(b)(3).
(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).
IC 35-50-2-2(b)(3).
(b) The department shall develop a methodology for determining the average daily marginal cost of incarcerating an offender. The costs must include the additional expenses of providing food, clothing, and health care to a new offender. The costs do not include the costs of new facilities or additional staff.
(c) The department shall annually determine the average length of stay for a Class D felony offender in the department.
Chapter 16. County Incentives for Class D Felony Offenders
Sec. 1. The department shall administer an incentive and
disincentive program for counties to reduce the number of Class D
felony offenders committed to the department.
Sec. 2. (a) The department shall establish a baseline average
number of Class D felony offenders that each county commits
annually to the department based on the 2007, 2008, 2009, and
2010 calendar years.
(b) The department shall provide an incentive to each county
that commits to the department fewer Class D felony offenders
than the baseline average established for that county described in
subsection (a) in one (1) calendar year.
(c) The department shall calculate the incentive described in
subsection (b) using the following formula:
STEP ONE: Subtract the number of Class D felony offenders
a county commits to the department in a calendar year from
the baseline average for that county described in subsection
(a).
STEP TWO: Multiply the number of offenders determined
under STEP ONE by the average number of days of the
length of stay for a Class D felony offender in the department
as determined under IC 11-10-13-1(c).
STEP THREE: Multiply the amount determined under STEP
TWO by the average daily marginal cost of incarcerating an
offender determined under IC 11-10-13-1(b).
STEP FOUR: Multiply the amount determined under STEP
THREE by fifty percent (50%).
(d) The department shall not consider a Class D felony offender
whose probation has been revoked in the calculations under this
chapter.
Sec. 3. The incentive described in section 2 of this chapter shall
be distributed to a county's legislative body, which shall
redistribute the incentive to:
(1) probation programs;
(2) work release programs;
(3) community corrections programs; or
(4) problem solving courts.
Sec. 4. (a) The department shall create a disincentive to each
county that commits to the department more Class D felony
offenders than the baseline average established for that county
described in section 2(a) of this chapter in one (1) calendar year.
(b) The department shall calculate the disincentive described in
subsection (a) using the following formula:
STEP ONE: Subtract the baseline average for that county
described in section 2(a) of this chapter from the number of
Class D felony offenders a county commits to the department
in a calendar year.
STEP TWO: Multiply the number of offenders determined
under STEP ONE by the average number of days of the
length of stay for a Class D felony offender in the department
as determined under IC 11-10-13-1(c).
STEP THREE: Multiply the amount determined under STEP
TWO by the average daily marginal cost of incarcerating an
offender as determined under IC 11-10-13-1(b).
STEP FOUR: Multiply the amount determined under STEP
THREE by fifty percent (50%).
(c) The department shall not consider a Class D felony offender
whose probation has been revoked in the calculations under this
chapter.
Sec. 5. The department shall withhold the amount of the
disincentive described in section 4 of this chapter from the amount
of money the department is required to deposit in a county's
misdemeanant fund under IC 11-12-6.
Sec. 6. The department may adopt rules under IC 4-22-2 to
implement this chapter.
shall use services, programs, and practices that reduce recidivism rates, as demonstrated by scientific research, among persons who participate in the community corrections programs.
(b) The community corrections board
or operate educational, mental health, drug or alcohol abuse
counseling, housing, as a part of any of these programs, or and
supervision services for persons described in section 2 of this chapter.
(1) may not be used by the department for any other purpose; and
(2) may be used by grant recipients only to provide community corrections program services for persons who have been convicted of a felony.
Money appropriated to the department of correction for the purpose of making grants under this chapter and any financial aid payments suspended under section 6 of this chapter do not revert to the state general fund at the close of any fiscal year, but remain available to the department of correction for its use in making grants under this chapter.
(b) The commissioner shall give priority in issuing community corrections grants to programs that provide alternative sentencing projects for persons with mental illness, addictive disorders, mental retardation, and developmental disabilities.
(1) Provide consultation and technical assistance to counties to aid in the development of community corrections plans.
(2) Provide training for community corrections personnel and board members to the extent funds are available.
(3) Adopt under IC 4-22-2 rules governing application by counties for financial aid under this chapter, including the content of community corrections plans.
(4) Adopt under IC 4-22-2 rules governing the disbursement of monies to a county and the county's certification of expenditures, including rules that:
(A) require that any money received from the state to fund a community corrections program may be used only to provide services for persons who have been convicted of a felony; and
(B) require that any user fees collected:
(i) by a community corrections program that is funded in whole or in part by money received from the state; and
(ii) from persons who have been convicted of a felony;
may be used only to provide services for persons who have been convicted of a felony.
(5) Adopt under IC 4-22-2 minimum standards for the establishment, operation, and evaluation of programs receiving financial aid under this chapter. (These standards must be sufficiently flexible to foster the development of new and improved correctional practices.)
(6) Examine and either approve or disapprove applications for financial aid. The department's approval or disapproval must be based on this chapter and the rules adopted under this chapter.
(7) Keep the budget agency informed of the amount of appropriation needed to adequately fund programs under this chapter.
(8) Adopt under IC 4-22-2 a formula or other method of determining a participating county's share of funds appropriated for purposes of this chapter. This formula or method must be approved by the budget agency before the formula is adopted and must be designed to accurately reflect a county's correctional needs and ability to pay.
(9) Keep counties informed of money appropriated for the purposes of this chapter.
(10) Provide an approved training curriculum for community corrections field officers.
(11) Require community corrections programs to submit in proposed budget requests an evaluation of the use of department approved best practices for each community corrections program component.
(b) The commissioner may do the following:
(1) Visit and inspect any program receiving financial aid under this chapter.
(2) Require a participating county or program to submit information or statistics pertinent to the review of applications and programs.
(3) Expend up to three percent (3%) of the money appropriated to the department for community correction grants to provide technical assistance, consultation, and training to counties and to monitor and evaluate program delivery.
(c) Notwithstanding any law prohibiting advance payments, the
department of correction may advance grant money to a county or
group of counties in order to assist a community corrections program.
However, not more than twenty-five percent (25%) of the amount
awarded to a county or group of counties may be paid in advance.
(d) The commissioner shall disburse no more funds to any county
under this chapter than are required to fund the community corrections
plan.
(b) In addition to user fees collected under IC 31-40, IC 35-38-2-1, or any other user fee collected from a participant in a community corrections program by an agency or program, a community corrections program may collect from a participant a user fee assessed in accordance with rules adopted under subsection (c). Community corrections user fees collected under this section shall be deposited into the community corrections fund established by this section.
(c) The department shall adopt rules under IC 4-22-2 governing the following:
(1) The maximum amount that a community corrections program or a court may assess as a user fee under subsection (b) or IC 35-38-2.5-6.
(2) Administration by community corrections advisory boards of community corrections funds and the community corrections home detention fund, including criteria for expenditures from the funds.
(3) A requirement that any user fees collected:
(A) by a community corrections program that is funded in whole or in part by money received from the state; and
(B) from persons who have been convicted of a felony;
may be used only to provide services for persons who have been convicted of a felony.
may:
(1) establish and operate community corrections programs if these
programs are not being provided at the local level; and
(2) contract with any public or private agency approved by the
commissioner, or any combination of those agencies, for the
provision of community based services to committed persons,
including the furnishing of custody, supervision, care, training,
and reintegration.
(b) A community corrections program established or contracted
for under subsection (a):
(1) shall use services, programs, and practices that reduce
recidivism rates, as demonstrated by scientific research,
among persons who participate in the community corrections
program; and
(2) may provide services only for persons who have been
convicted of a felony.
(1) The sum determined by multiplying the total amount appropriated for the county misdemeanant fund by the county's multiplier.
(2) The minimum allocation amount assigned to the county under section 11.1(a) of this chapter.
(3) After state fiscal year 1999, the amount deposited by the department in the misdemeanant fund for the county in state fiscal year 1999.
(1) home detention user fees deposited into the fund under IC 35-38-2.5-8;
(2) home detention supervision grants to the community corrections program made by the department under IC 11-12-2-1 for the purpose of funding supervision of home detention by a community corrections program involving persons who have been convicted of a felony; and
(3) amounts deposited into the fund under IC 11-12-1-3.
IC 35-38-2.5-5 shall annually submit a budget of its operating expenses
for home detention supervision to the fiscal body of the county. Based
on the budget submitted, the fiscal body of the county shall appropriate
from the community corrections home detention fund amounts
necessary to maintain supervision of home detention by the community
corrections program. However, any home detention user fees
collected:
(1) by a community corrections program that:
(A) provides supervision of home detention under
IC 35-38-2.5-5; and
(B) is funded in whole or in part by money received from
the state; and
(2) from persons who have been convicted of a felony;
may be used only to provide home detention services for persons
who have been convicted of a felony.
(b) The department shall set the per diem rate under this section. In setting the per diem rate for a community, the department may consider the direct costs incurred by the community to provide a community transition program. The per diem may not be less than seven dollars ($7).
(c) Funding provided under this section is in addition to any other funding received under IC 11-12-2 for community corrections programs or IC 11-13-2 for probation services.
(d) Money received by a community under this section:
(1) shall be deposited in the community transition program fund for the community; and
(2) may be used only to provide services for persons who have been convicted of a felony.
[EFFECTIVE JULY 1, 2011]: 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) risk classification for probationers;
(6) supervision levels for probationers based on risk
classification;
(7) a schedule of progressive probation incentives and
violation sanctions, including judicial review procedures; and
(8) 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, case planning, use of evidence based practices, 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.
"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 to establish standards of
probation supervision provided by probation departments based
on validated risk assessments of offenders.
(c) The rules adopted under this section must include the
following:
(1) Guidelines that probation departments shall use to classify
an offender as a:
(A) low risk;
(B) medium risk; or
(C) high risk;
offender based on a validated risk assessment of the offender.
Guidelines established under this subdivision must include
procedures to be used to reclassify offenders.
(2) Provisions establishing what constitutes:
(A) an active level of supervision; and
(B) an administrative level of supervision;
of an offender by a probation department.
(3) A requirement that probation departments provide the
following levels of supervision for criminal offenders released
on probation:
(A) An offender classified as a high risk offender shall be
placed on active supervision at all times.
(B) An offender classified as a low risk or medium risk
offender who is on probation for committing a
misdemeanor shall be placed on:
(i) active supervision for the first nine (9) months of the
offender's probationary period; and
(ii) administrative supervision after the first nine (9)
months of the offender's probationary period if the
offender has not been arrested during the probationary
period or violated a condition of the offender's
probation.
(C) An offender classified as a low risk or medium risk
offender who is on probation for committing a felony shall
be placed on:
(i) active supervision for the first twelve (12) months of
the offender's probationary period; and
(ii) administrative supervision after the first twelve (12)
months of the offender's probationary period if the
offender has not been arrested during the probationary
period or violated a condition of the offender's
probation.
(d) If an order issued by the court that placed an offender on
probation conflicts with the conditions of probation required by
the level of supervision the offender is placed on under this section,
the court order supersedes the conditions of probation.
(1) Salaries for existing or new probation officer positions.
(2) Maintenance or establishment of administrative support services to probation officers.
(3) Development and use of a progressive sanctions policy for violations of probation conditions.
(4) Development and use of evidence based supervision practices and programs to reduce the risk of further offense.
(5) Establishment of a system to improve the efficiency and coordination of offender services provided by supervision agencies within a county to ensure that an offender is supervised by only one (1) offender supervision agency.
(b) The conference may recommend changes or modifications necessary to effect compliance with the minimum standards. The
conference and the state budget committee department must approve
all financial aid granted under this chapter. Any court receiving
financial assistance under this chapter may be declared ineligible to
receive that assistance if the court fails to maintain the minimum
standards.
(c) Two (2) or more courts may jointly apply for financial assistance
under this chapter.
Chapter 2.5. Probation Improvement Fund
Sec. 1. As used in this chapter, "fund" refers to the probation improvement fund established by section 2 of this chapter.
Sec. 2. (a) The probation improvement fund is established to provide grants under sections 3 and 4 of this chapter. The fund shall be administered by the department.
(b) Sources of money for the fund consist of the following:
(1) Appropriations from the general assembly.
(2) Donations, gifts, and money received from any other source, including transfers from other funds or accounts.
(c) The expenses of administering the fund shall be paid from money in the fund.
(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(f) Money in the fund is appropriated continuously for the purposes stated in sections 3 and 4 of this chapter.
Sec. 3. (a) After the judicial conference of Indiana makes a recommendation to the department, the department may award a
grant from the fund to a county probation department that
supervises persons who have been convicted of a felony to:
(1) promote the county probation department's adoption of
best practices:
(A) to:
(i) focus supervision resources on persons who pose a
high likelihood of committing another offense, as
determined by a validated risk assessment;
(ii) develop and use a progressive sanctions policy to
guide decisions concerning how to respond to violations
of conditions of supervision; and
(iii) reduce the risk posed by persons who have been
convicted of a felony and are on probation through
effective supervision, sanctions, and addressing any
needs the persons have for substance abuse treatment,
mental health services, or other services; and
(B) as approved by the department; and
(2) reduce the number of probation revocations:
(A) involving persons under the supervision of the county
probation department who have been convicted of a
felony; and
(B) that result in a person serving a prison sentence.
(b) To receive a grant under this section, a county probation
department must submit an application to the department:
(1) on a form; and
(2) in the manner;
prescribed by the department.
(c) The department shall determine the amount of a grant
awarded under this section.
Sec. 4. (a) The department:
(1) may award a grant from the fund to a county that
supervises persons who have been convicted of a felony to
consolidate and improve the efficiency of:
(A) probation administration and services; and
(B) community corrections programs;
in the county; and
(2) shall make the awarding of the grant contingent on the
ability of the county probation department to demonstrate a
minimal level of coordination with other offender supervision
agencies operating in the same county, including community
corrections programs, parole authorities, and other probation
agencies.
(b) To receive a grant under this section, a county must submit an application to the department:
(1) on a form; and
(2) in the manner;
prescribed by the department.
(c) The department shall determine the amount of a grant awarded under this section.
Sec. 5. The department shall adopt rules under IC 4-22-2 that are necessary to implement this chapter.
Chapter 2.7. Substance Abuse Treatment Fund
Sec. 1. As used in this chapter, "fund" refers to the substance abuse treatment fund established by section 2 of this chapter.
Sec. 2. (a) The substance abuse treatment fund is established to provide grants under section 3 of this chapter. The fund shall be administered by the department.
(b) Sources of money for the fund consist of the following:
(1) Appropriations from the general assembly.
(2) Donations, gifts, and money received from any other source, including transfers from other funds or accounts.
(c) The expenses of administering the fund shall be paid from money in the fund.
(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(f) Money in the fund is appropriated continuously for the purposes stated in section 3 of this chapter.
Sec. 3. (a) The department may award a grant from the fund to a probation department to increase substance abuse treatment access for persons on probation who have substance abuse addictions.
(b) To receive a grant under this section, a probation department must submit an application to the department:
(1) on a form; and
(2) in the manner;
prescribed by the department.
(c) The department shall determine the amount of a grant
awarded under this section.
Sec. 4. The department shall adopt rules under IC 4-22-2 that
are necessary to implement this chapter.
(1) shall:
(A) supervise parolees who were sentenced by a court in Indiana for:
(i) murder;
(ii) a Class A felony; or
(iii) a sex offense under IC 35-42-4 or incest under IC 35-46-1-3; and
(B) assist
(2) shall supervise and assist out-of-state parolees accepted under an interstate compact as required by the interstate compact.
(b) The department's duties
(1) establishing methods and procedures for parole administration, including investigation, supervision, workloads, record keeping, and reporting;
(2) providing information to and otherwise assisting the parole board in making parole decisions;
(3) assisting persons in preparing parole release plans;
(4) providing employment counseling and assistance in job and residential placement;
(5) providing family and individual counseling and treatment placement;
(6) providing financial counseling;
(7) providing vocational and educational counseling placement;
those agencies and citizens.
(b) (c) Courts, probation officers, and other public officials shall
cooperate with the department in obtaining information relating to
persons committed to the department.
(c) (d) The department shall cause the name of any person released
on parole to be entered into the Indiana data communications system
(IDACS).
(1) is less than twenty-one (21) years of age;
(2) has been committed to the department to serve a maximum sentence of not more than eight (8) years;
(3) has received a suspendible sentence under IC 35-50-2-2;
(4) has been sentenced by a court having criminal jurisdiction;
(5) has never been confined in a state or federal adult correctional facility; and
(6) has not previously participated in a military or correctional boot camp program.
(b) Except as provided in subsection (c), the victim or an agent of the victim of a theft
(1) anhydrous ammonia (NH3);
(2) an ammonia solution; or
(3) a container used to store or transport anhydrous ammonia or an ammonia solution;
is immune from civil liability for injury or damage resulting from the possession or use of the anhydrous ammonia, ammonia solution, or container by another person to commit a violation of IC 35-48-4.
(c) A victim or an agent described in subsection (b) is not immune from civil liability under subsection (b) if:
(1) the victim or agent committed a crime involving the anhydrous ammonia, ammonia solution, or container that is the subject of the theft or criminal conversion; or
(2) the victim's or agent's willful or intentional commission of a violation of an applicable law, rule, or regulation governing the:
(A) design;
(B) construction;
(C) location;
(D) installation; or
(E) operation;
of equipment for storage, handling, use, or transportation of anhydrous ammonia or ammonia solution proximately caused the theft or criminal conversion.
(1) Burglary (IC 35-43-2-1).
(2) Robbery (IC 35-42-5-1).
(3) Theft (IC 35-43-4-2).
(4) Receiving stolen property (before the offense was abolished on July 1, 2011) (IC 35-43-4-2).
(5) Criminal conversion (IC 35-43-4-3) .
(b) A person may be tried for receiving stolen property (for an act committed before the offense was abolished on July 1, 2011) in any county in which
(b) A sentencing court may order that a person convicted of a Class A felony participate in a problem solving court program authorized under IC 33-23-16, a probation department, or a community corrections program.
(c) If a court imposes a sentence on a person convicted of a Class B, Class C, or Class D felony that involves a commitment to the department of correction, the court shall suspend six (6) months to three (3) years of the sentence and require the person to serve the suspended period:
(1) on probation;
(2) in a community corrections program under IC 35-38-2.6;
or
(3) in a problem solving court authorized under IC 33-23-16.
(d) If a person violates a condition of probation, a community
corrections program, or a problem solving court authorized under
IC 33-23-16, the court may order the person to serve the remainder
of the sentence in the department of correction.
(e) If a person is required to participate in a community
transition program under IC 11-10-11.5, the participation in a
community transition program must take place before the person
serves the suspended period on probation, a community
corrections program, or a problem solving court program under
this section.
(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) Support the person's dependents and meet other family responsibilities.
(5) Make restitution or reparation to the victim of the crime for damage or injury that was sustained by the victim. When restitution or reparation is a condition of probation, the court shall fix the amount, which may not exceed an amount the person can or will be able to pay, and shall fix the manner of performance.
(6) Execute a repayment agreement with the appropriate governmental entity to repay the full amount of public relief or assistance wrongfully received, and make repayments according to a repayment schedule set out in the agreement.
(7) Pay a fine authorized by IC 35-50.
(8) Refrain from possessing a firearm or other deadly weapon unless granted written permission by the court or the person's probation officer.
(9) Report to a probation officer at reasonable times as directed by the court or the probation officer.
(10) Permit the person's probation officer to visit the person at
reasonable times at the person's home or elsewhere.
(11) Remain within the jurisdiction of the court, unless granted
permission to leave by the court or by the person's probation
officer.
(12) 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) Perform uncompensated work that benefits the community.
(14) Satisfy other conditions reasonably related to the person's
rehabilitation.
(15) Undergo home detention under IC 35-38-2.5.
(16) 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) 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) 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) 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) 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) Refrain from owning, harboring, or training an animal.
(22) 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) If the court orders conditions of probation that do not follow
the supervision guidelines for the person's risk classification, the
court shall make written findings showing that it is in the best
interest of the rehabilitation of the person and the safety of the
community to make the order.
(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.
(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.
(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 violation.
(e) A person may admit to the violation and waive the right to
a probation violation hearing after being offered the opportunity
to consult with an attorney. If the person admits to the 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 shall follow
the schedule of progressive probation violation sanctions adopted
by the judicial conference of Indiana under IC 11-13-1-8.
(e) (f) Except as provided in subsection (e), the state must prove
the violation by a preponderance of the evidence. The evidence shall
be presented in open court. The person is entitled to confrontation,
cross-examination, and representation by counsel.
(f) (g) Probation may not be revoked for failure to comply with
conditions of a sentence that imposes financial obligations on the
person unless the person recklessly, knowingly, or intentionally fails to
pay.
(g) (h) If the court finds that the person has violated a condition at
any time before termination of the period, and the petition to revoke is
filed within the probationary period, the court may impose one (1) or
more of the following sanctions:
(1) Continue the person on probation, with or without modifying
or enlarging the conditions.
(2) Extend the person's probationary period for not more than one
(1) year beyond the original probationary period.
(3) Order execution of all or part of the sentence that was
suspended at the time of initial sentencing.
(h) (i) If the court finds that the person has violated a condition of
home detention at any time before termination of the period, and the
petition to revoke probation is filed within the probationary period, the
court shall:
(1) order one (1) or more sanctions as set forth in subsection (g);
(h); and
(2) provide credit for time served as set forth under
IC 35-38-2.5-5.
(i) (j) If the court finds that the person has violated a condition
during any time before the termination of the period, and the petition
is filed under subsection (a) after the probationary period has expired,
the court may:
(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.
(j) (k) If the court finds that the person has violated a condition of
home detention during any time before termination of the period, and
the petition is filed under subsection (a) after the probation period has
expired, the court shall:
(1) order a sanction as set forth in subsection (i); (j); and
(2) provide credit for time served as set forth under
IC 35-38-2.5-5.
(k) (l) A judgment revoking probation is a final appealable order.
(l) (m) Failure to pay fines or costs (including fees) required as a
condition of probation may not be the sole basis for commitment to the
department of correction.
(m) (n) Failure to pay fees or costs assessed against a person under
IC 33-40-3-6, IC 33-37-2-3(e), or IC 35-33-7-6 is not grounds for
revocation of probation.
(1) a felony whenever any part of the sentence may not be suspended under IC 35-50-2-2;
(2) a misdemeanor whenever any part of the sentence may not be suspended; or
(3) an offense described in
(A) is required to serve the nonsuspendible part of the sentence in a community corrections:
(i) work release program; or
(ii) program that uses electronic monitoring as a part of the person's supervision; and
(B) participates in a court approved substance abuse program.
(b) This chapter does not apply to persons convicted of any of the following:
(1) Sex crimes under IC 35-42-4 or IC 35-46-1-3.
(2) Except as provided in subsection (a)(3), any of the felonies listed in
(3) An offense under IC 9-30-5-4.
(4) An offense under IC 9-30-5-5.
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. (a) The department,
after diagnosis and classification, shall:
(1) determine the degree of security (maximum, medium, or
minimum) to which a convicted person will be assigned;
(2) for each offender convicted of a Class D felony whose
sentence for the Class D felony is nonsuspendible under
IC 35-50-2-2(b)(3) due to a prior unrelated Class C or Class D
felony, determine whether the offender is an appropriate
candidate for home detention under IC 35-38-2.5;
(3) for each offender convicted of a Class D felony whose
sentence for the Class D felony is nonsuspendible under:
(A) IC 35-50-2-2.1(a)(1)(B);
(B) IC 35-50-2-2.1(a)(1)(C); or
(C) IC 35-50-2-2.1(a)(2);
determine whether the offender is an appropriate candidate for
home detention under IC 35-38-2.5;
(4) (2) for each offender:
(A) committed to the department because the offender has
been convicted for the first time of a Class C or a Class D
felony; and
(B) whose sentence may be suspended;
determine whether the offender is an appropriate candidate for
home detention under IC 35-38-2.5;
(5) (3) notify the trial court and prosecuting attorney if the degree
of security assigned differs from the court's recommendations;
and
(6) (4) petition the sentencing court under IC 35-38-1-21 for
review of the sentence of an offender who is not a habitual
offender sentenced under IC 35-50-2-8 or IC 35-50-2-10 and who
the department has determined under subdivision (2) or
subdivision (3), to be an appropriate candidate for home
detention.
(b) The department may change the degree of security to which the
person is assigned. However, if the person is changed to a lesser degree
of security during the first two (2) years of the commitment, the
department shall notify the trial court and the prosecuting attorney not
less than thirty (30) days before the effective date of the changed
security assignment.
means of false or deceptive pretenses, representations, or promises.
(1) the fair market value of the property is at least
(2) the property that is the subject of the theft is a valuable metal (as defined in IC 25-37.5-1-1) and:
(A) relates to transportation safety;
(B) relates to public safety; or
(C) is taken from a:
(i) hospital or other health care facility;
(ii) telecommunications provider;
(iii) public utility (as defined in IC 32-24-1-5.9(a)); or
(iv) key facility;
and the absence of the property creates a substantial risk of bodily injury to a person.
an offense under section 2 of this chapter or section 3 of this chapter
that involves exerting unauthorized control over gasoline or motor
vehicle fuel:
(1) by operation of a motor vehicle to leave the premises of an
establishment at which gasoline or motor vehicle fuel is offered
for sale after the gasoline or motor vehicle fuel has been
dispensed into the fuel tank of the motor vehicle; and
(2) without payment or authorization of payment by a credit card,
debit card, charge card, or similar method of payment;
shall result in the suspension of the driving privileges of the person.
(b) The court imposing a sentence for a violation under subsection
(a) shall issue an order to the bureau of motor vehicles:
(1) stating that the person has been convicted of an offense under
section 2 of this chapter or section 3 of this chapter involving the
unauthorized taking of gasoline or motor vehicle fuel; and
(2) ordering the suspension of the person's driving privileges
under IC 9-25-6-21.
The suspension of a person's driving privileges under this section is in
addition to other penalties prescribed by IC 35-50-3-2 for a Class A
misdemeanor or by IC 35-50-2-7 for a Class D felony. IC 35-50.
(1) makes or utters a written instrument in such a manner that it purports to have been made:
(A) by another person;
(B) at another time;
(C) with different provisions; or
(D) by authority of one who did not give authority; or
(2) possesses more than one (1) written instrument knowing that the written instruments were made in a manner that they purport to have been made:
(A) by another person;
(B) at another time;
(C) with different provisions; or
(D) by authority of one who did not give authority;
commits counterfeiting, a Class D felony.
(b) A person who, with intent to defraud, makes, utters, or possesses a written instrument in such a manner that it purports to have been made:
(1) by another person;
(2) at another time;
(3) with different provisions; or
(4) by authority of one who did not give authority;
commits forgery, a
(c) This subsection applies to a person who applies for a driver's license (as defined in IC 9-13-2-48) or a state identification card (as issued under IC 9-24-16). A person who:
(1) knowingly or intentionally uses a false or fictitious name or gives a false or fictitious address in an application for a driver's license or a state identification card or for a renewal or a duplicate of a driver's license or a state identification card; or
(2) knowingly or intentionally makes a false statement or conceals a material fact or otherwise commits fraud in an application for a driver's license or a state identification card;
commits application fraud, a Class D felony.
(1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent;
(2) knowingly or intentionally:
(A) makes a false or misleading written statement; or
(B) misrepresents:
(i) the identity of the person or another person;
(ii) a person as being a physician licensed under IC 25-22.5; or
(iii) the identity or quality of property;
with intent to obtain property, employment, or an educational opportunity;
(3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the
property or to a person for whose benefit the property was
entrusted;
(4) knowingly or intentionally, in the regular course of business,
either:
(A) uses or possesses for use a false weight or measure or
other device for falsely determining or recording the quality or
quantity of any commodity; or
(B) sells, offers, or displays for sale or delivers less than the
represented quality or quantity of any commodity;
(5) with intent to defraud another person furnishing electricity,
gas, water, telecommunication, or any other utility service or
cable television service, avoids a lawful charge for that service
by scheme or device or by tampering with facilities or equipment
of the person furnishing the service;
(6) with intent to defraud, misrepresents the identity of the person
or another person or the identity or quality of property;
(7) (6) with intent to defraud an owner of a coin machine, deposits
a slug in that machine;
(8) (7) with intent to enable the person or another person to
deposit a slug in a coin machine, makes, possesses, or disposes of
a slug; or
(9) (8) disseminates to the public an advertisement that the person
knows is false, misleading, or deceptive, with intent to promote
the purchase or sale of property or the acceptance of employment;
(10) with intent to defraud, misrepresents a person as being a
physician licensed under IC 25-22.5; or
(11) knowingly and intentionally defrauds another person
furnishing cable TV service by avoiding paying compensation for
that service by any scheme or device or by tampering with
facilities or equipment of the person furnishing the service;
commits deception, a Class A misdemeanor.
(b) In determining whether an advertisement is false, misleading, or
deceptive under subsection (a)(9), (a)(8), there shall be considered,
among other things, not only representations contained or suggested in
the advertisement, by whatever means, including device or sound, but
also the extent to which the advertisement fails to reveal material facts
in the light of the representations.
identifying information of a person who is deceased:
(1) without the other person's consent; and
(2) with intent to:
(A) harm or defraud another person;
(B) assume another person's identity; or
(C) profess to be another person;
commits identity deception, a Class D felony.
(b) However, the offense defined in subsection (a) is a Class C
felony if:
(1) a person obtains, possesses, transfers, or uses the identifying
information of more than one hundred (100) persons;
(2) the fair market value of the fraud or harm caused by the
offense is at least fifty thousand dollars ($50,000); or
(3) a person obtains, possesses, transfers, or uses the identifying
information of a person who is less than eighteen (18) years of
age and is:
(A) the person's son or daughter;
(B) a dependent of the person;
(C) a ward of the person; or
(D) an individual for whom the person is a guardian; or
(4) a person obtains, possesses, transfers, or uses the
identifying information of another person with intent to:
(A) commit terrorism; or
(B) obtain or transport a weapon of mass destruction.
(c) The conduct prohibited in subsections (a) and (b) does not apply
to:
(1) a person less than twenty-one (21) years of age who uses the
identifying information of another person to acquire an alcoholic
beverage (as defined in IC 7.1-1-3-5);
(2) a minor (as defined in IC 35-49-1-4) who uses the identifying
information of another person to acquire:
(A) a cigarette or tobacco product (as defined in IC 6-7-2-5);
(B) a periodical, a videotape, or other communication medium
that contains or depicts nudity (as defined in IC 35-49-1-5);
(C) admittance to a performance (live or film) that prohibits
the attendance of the minor based on age; or
(D) an item that is prohibited by law for use or consumption by
a minor; or
(3) any person who uses the identifying information for a lawful
purpose.
(d) It is not a defense in a prosecution under subsection (a) or (b)
that no person was harmed or defrauded.
(1) with intent to harm or defraud another person;
(2) with intent to assume another person's identity; or
(3) with intent to profess to be another person;
commits synthetic identity deception, a Class D felony.
(b) The offense under subsection (a) is a Class C felony if:
(1) a person obtains, possesses, transfers, or uses the synthetic identifying information of more than one hundred (100) persons;
(2) the fair market value of the fraud or harm caused by the offense is at least fifty thousand dollars ($50,000); or
(3) a person obtains, possesses, transfers, or uses the synthetic identifying information of another person with intent to:
(A) commit terrorism; or
(B) obtain or transport a weapon of mass destruction.
(c) The conduct prohibited in subsections (a) and (b) does not apply to:
(1) a person less than twenty-one (21) years of age who uses the synthetic identifying information of another person to acquire an alcoholic beverage (as defined in IC 7.1-1-3-5); or
(2) a minor (as defined in IC 35-49-1-4) who uses the synthetic identifying information of another person to acquire:
(A) a cigarette or tobacco product (as defined in IC 6-7-2-5);
(B) a periodical, a videotape, or other communication medium that contains or depicts nudity (as defined in IC 35-49-1-5);
(C) admittance to a performance (live or on film) that prohibits the attendance of the minor based on age; or
(D) an item that is prohibited by law for use or consumption by a minor.
(d) It is not a defense in a prosecution under subsection (a) or (b) that no person was harmed or defrauded.
(1) directly from a credit card; or
(2) from another device that reads information directly from a credit card.
(b) A person who possesses a card skimming device with intent to commit:
(1) identity deception (IC 35-43-5-3.5);
(2) synthetic identity deception (IC 35-43-5-3.8); or
(3) fraud (IC 35-43-5-4);
commits unlawful possession of a card skimming device,
(1) makes, utters, presents, or causes to be presented to an insurer or an insurance claimant, a claim statement that contains false, incomplete, or misleading information concerning the claim;
(2) presents, causes to be presented, or prepares with knowledge or belief that it will be presented to or by an insurer, an oral, a written, or an electronic statement that the person knows to contain materially false information as part of, in support of, or concerning a fact that is material to:
(A) the rating of an insurance policy;
(B) a claim for payment or benefit under an insurance policy;
(C) premiums paid on an insurance policy;
(D) payments made in accordance with the terms of an insurance policy;
(E) an application for a certificate of authority;
(F) the financial condition of an insurer; or
(G) the acquisition of an insurer;
or conceals any information concerning a subject set forth in clauses (A) through (G);
(3) solicits or accepts new or renewal insurance risks by or for an insolvent insurer or other entity regulated under IC 27;
(4) removes:
(A) the assets;
(B) the record of assets, transactions, and affairs; or
(C) a material part of the assets or the record of assets,
transactions, and affairs;
of an insurer or another entity regulated under IC 27, from the
home office, other place of business, or place of safekeeping of
the insurer or other regulated entity, or conceals or attempts to
conceal from the department of insurance assets or records
referred to in clauses (A) through (B); or
(5) diverts funds of an insurer or another person in connection
with:
(A) the transaction of insurance or reinsurance;
(B) the conduct of business activities by an insurer or another
entity regulated under IC 27; or
(C) the formation, acquisition, or dissolution of an insurer or
another entity regulated under IC 27;
commits insurance fraud. Except as provided in subsection (b),
insurance fraud is a Class D felony.
(b) An offense described in subsection (a) is a Class C felony if:
(1) the person who commits the offense has a prior unrelated
conviction under this section; or
(2) the:
(A) value of property, services, or other benefits obtained or
attempted to be obtained by the person as a result of the
offense; or
(B) economic loss suffered by another person as a result of the
offense;
is at least two thousand five hundred dollars ($2,500). fifty
thousand dollars ($50,000).
(c) A person who knowingly and with intent to defraud makes a
material misstatement in support of an application for the issuance of
an insurance policy commits insurance application fraud, a Class A
misdemeanor.
(b) An unpaid and dishonored check, a draft, or an order that has the drawee's refusal to pay and reason printed, stamped, or written on or
attached to it constitutes prima facie evidence:
(1) that due presentment of it was made to the drawee for payment
and dishonor thereof; and
(2) that it properly was dishonored for the reason stated.
(c) The fact that a person issued or delivered a check, a draft, or an
order, payment of which was refused by the drawee, constitutes prima
facie evidence that the person knew that it would not be paid or
honored. In addition, evidence that a person had insufficient funds in
or no account with a drawee credit institution constitutes prima facie
evidence that the person knew that the check, draft, or order would not
be paid or honored.
(d) The following two (2) items constitute prima facie evidence of
the identity of the maker of a check, draft, or order if at the time of its
acceptance they are obtained and recorded, either on the check, draft,
or order itself or on file, by the payee:
(1) Name and residence, business, or mailing address of the
maker.
(2) Motor vehicle operator's license number, Social Security
number, home telephone number, or place of employment of the
maker.
(e) It is a defense under subsection (a) if a person who:
(1) has an account with a credit institution but does not have
sufficient funds in that account; and
(2) issues or delivers a check, a draft, or an order for payment on
that credit institution;
pays the payee or holder the amount due, together with protest fees and
any service fee or charge, which may not exceed the greater of
twenty-seven dollars and fifty cents ($27.50) or five percent (5%) (but
not more than two hundred fifty dollars ($250)) of the amount due, that
may be charged by the payee or holder, within ten (10) days after the
date of mailing by the payee or holder of notice to the person that the
check, draft, or order has not been paid by the credit institution. Notice
sent in the manner set forth in IC 26-2-7-3 constitutes notice to the
person that the check, draft, or order has not been paid by the credit
institution. The payee or holder of a check, draft, or order that has been
dishonored incurs no civil or criminal liability for sending notice under
this subsection.
(f) A person does not commit a crime under subsection (a) when:
(1) the payee or holder knows that the person has insufficient
funds to ensure payment or that the check, draft, or order is
postdated; or
(2) insufficiency of funds or credit results from an adjustment to
the person's account by the credit institution without notice to the
person.
(1) obtains public relief or assistance by means of impersonation, fictitious transfer, false or misleading oral or written statement,
(2) acquires, possesses, uses, transfers, sells, trades, issues, or disposes of:
(A) an authorization document to obtain public relief or assistance; or
(B) public relief or assistance;
except as authorized by law;
(3) uses, transfers, acquires, issues, or possesses a blank or incomplete authorization document to participate in public relief or assistance programs, except as authorized by law;
(4) counterfeits or alters an authorization document to receive public relief or assistance, or knowingly uses, transfers, acquires, or possesses a counterfeit or altered authorization document to receive public relief or assistance; or
(5) conceals information for the purpose of receiving public relief or assistance to which
commits welfare fraud, a Class A misdemeanor, except as provided in subsection (b).
(b) The offense is:
(1) a Class D felony if
(2) a Class C felony if the amount of public relief or assistance involved is
(c) Whenever a person is convicted of welfare fraud under this section, the clerk of the sentencing court shall certify to the appropriate state agency and the appropriate agency of the county of the defendant's
residence:
(1) his the person's conviction; and
(2) whether the defendant is placed on probation and restitution
is ordered under IC 35-38-2.
(1) files a Medicaid claim, including an electronic claim, in violation of IC 12-15;
(2) obtains payment from the Medicaid program under IC 12-15 by means of a false or misleading oral or written statement or other fraudulent means;
(3) acquires a provider number under the Medicaid program except as authorized by law;
(4) alters with the intent to defraud or falsifies documents or records of a provider (as defined in 42 CFR 1000.30) that are required to be kept under the Medicaid program; or
(5) conceals information for the purpose of applying for or receiving unauthorized payments from the Medicaid program;
commits Medicaid fraud, a Class D felony.
(b) The offense described in subsection (a) is a Class C felony if the fair market value of the offense is at least
(1) files a children's health insurance program claim, including an electronic claim, in violation of IC 12-17.6;
(2) obtains payment from the children's health insurance program under IC 12-17.6 by means of a false or misleading oral or written statement or other fraudulent means;
(3) acquires a provider number under the children's health insurance program except as authorized by law;
(4) alters with intent to defraud or falsifies documents or records of a provider (as defined in 42 CFR 1002.301) that are required to be kept under the children's health insurance program; or
(5) conceals information for the purpose of applying for or receiving unauthorized payments from the children's health insurance program;
commits insurance fraud, a Class D felony.
(b) The offense described in subsection (a) is a Class C felony if the
fair market value of the offense is at least one hundred thousand dollars
($100,000). fifty thousand dollars ($50,000).
(1) to defraud a state or federally chartered or federally insured financial institution; or
(2) to obtain any of the money, funds, credits, assets, securities, or other property owned by or under the custody or control of a state or federally chartered or federally insured financial institution by means of false or fraudulent pretenses, representations, or promises;
commits bank fraud, a
(b) As used in this section, the term "state or federally chartered or federally insured financial institution" means:
(1) an institution with accounts insured by the Federal Deposit Insurance Corporation;
(2) a credit union with accounts insured by the National Credit Union Administration Board;
(3) a federal home loan bank or a member, as defined in Section 2 of the Federal Home Loan Bank Act (12 U.S.C. 1422), as in effect on December 31, 1990, of the Federal Home Loan Bank System; or
(4) a bank, banking association, land bank, intermediate credit bank, bank for cooperatives, production credit association, land bank association, mortgage association, trust company, savings bank, or other banking or financial institution organized or operating under the laws of the United States or of the state.
The term does not include a lender licensed under IC 24-4.5.
(b) A person who knowingly or intentionally obtains property, through a scheme or artifice, with intent to defraud:
(1) by issuing or delivering a check, a draft, an electronic debit, or an order on a financial institution:
(A) knowing that the check, draft, order, or electronic debit will not be paid or honored by the financial institution upon
presentment in the usual course of business;
(B) using false or altered evidence of identity or residence;
(C) using a false or an altered account number; or
(D) using a false or an altered check, draft, order, or electronic
instrument;
(2) by:
(A) depositing the minimum initial deposit required to open an
account; and
(B) either making no additional deposits or making insufficient
additional deposits to insure debits to the account; or
(3) by opening accounts with more than one (1) financial
institution in either a consecutive or concurrent time period;
commits check fraud, a Class D felony. However, the offense is a Class
C felony if the person has a prior unrelated conviction under this
section or the aggregate amount of property obtained is at least
twenty-five thousand dollars ($25,000). fifty thousand dollars
($50,000).
(1) knowingly or intentionally:
cocaine or a narcotic drug, pure or adulterated, classified in schedule I or II; or
(2) possesses, with intent to:
cocaine or a narcotic drug, pure or adulterated, classified in schedule I or II;
commits dealing in cocaine or a narcotic drug, a
(b) The offense is a
(1) the cumulative amount of the drug involved in any fourteen (14) day period
(2) the person manufactured the drug;
(A) delivered; or
(B) financed the delivery of;
the drug to a person under eighteen (18) years of age at least three (3) years junior to the person; or
(A) on a school bus;
(B) in, on, or within
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center; or
(C) the person delivered the drug while possessing a firearm (as defined in IC 35-47-1-5).
(c) The offense is a Class A felony if:
(1) the cumulative amount of the drug involved in any fourteen (14) day period is twenty-eight (28) grams or more;
(2) the:
(A) cumulative amount of the drug involved in any fourteen (14) day period is ten (10) grams or more; and
(B) person:
(i) manufactured the drug; or
(ii) delivered or financed the delivery of the drug on a school bus, or in, on, or within two hundred (200) feet of school property, a public park, a family housing complex, or a youth program center, or the person delivered the drug while possessing a firearm (as defined in IC 35-47-1-5); or
(3) the person manufactured the drug on a school bus, or in, on, or within two hundred (200) feet of school property, a public park, a family housing complex, or a youth program center.
(1) knowingly or intentionally:
methamphetamine, pure or adulterated, or
(2) possesses, with intent to:
methamphetamine, pure or adulterated;
commits dealing in methamphetamine, a
(b) The offense is a
(1) the cumulative amount of the drug involved in any fourteen (14) day period
(2) the person manufactured the drug;
(A) delivered; or
(B) financed the delivery of;
the drug to a person under eighteen (18) years of age at least three (3) years junior to the person; or
(A) on a school bus;
(B) in, on, or within
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center; or
(C) the person delivered the drug while possessing a firearm (as defined in IC 35-47-1-5).
(c) The offense is a Class A felony if:
(1) the cumulative amount of the drug involved in any fourteen (14) day period is twenty-eight (28) grams or more;
(2) the:
(A) cumulative amount of the drug involved in any fourteen (14) day period is ten (10) grams or more; and
(B) person:
(i) manufactured the drug; or
(ii) delivered or financed the delivery of the drug on a school bus, or in, on, or within two hundred (200) feet of school property, a public park, a family housing complex, or a youth program center, or the person delivered the drug while possessing a firearm (as defined
in IC 35-47-1-5); or
(3) the person manufactured the drug on a school bus, or in,
on, or within one thousand (1,000) feet of school property, a
public park, a family housing complex, or a youth program
center.
(1) knowingly or intentionally:
a controlled substance, pure or adulterated, classified in schedule I, II, or III, except marijuana, hash oil, or hashish; or
(2) possesses, with intent to:
a controlled substance, pure or adulterated, classified in schedule I, II, or III, except marijuana, hash oil, or hashish;
commits dealing in a schedule I, II, or III controlled substance, a
(b) The offense is a
(1) the cumulative amount of the substance involved in any fourteen (14) day period is:
(A) if the substance is not in pill form, ten (10) grams or more, but less than twenty-eight (28) grams; or
(B) if the substance is in pill form, twenty-four (24) pills or more, but less than seventy-two (72) pills;
(2) the person manufactured the substance;
(A) delivered; or
(B) financed the delivery of;
the substance to a person under eighteen (18) years of age at least three (3) years junior to the person; or
(A) on a school bus; or
(B) in, on, or within
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center; or
(5) the person delivered the substance while possessing a firearm (as defined in IC 35-47-1-5).
(c) The offense is a Class A felony if:
(1) the cumulative amount of the substance involved in any fourteen (14) day period is:
(A) if the substance is not in pill form, twenty-eight (28) grams or more; or
(B) if the substance is in pill form, seventy-two (72) pills or more;
(2) the:
(A) cumulative amount of the substance involved in any fourteen (14) day period is:
(i) if the substance is not in pill form, ten (10) grams or more; or
(ii) if the substance is in pill form, twenty-four (24) pills or more; and
(B) person:
(i) manufactured the substance; or
(ii) delivered or financed the delivery of the substance on a school bus, or in, on, or within two hundred (200) feet of school property, a public park, a family housing complex, or a youth program center, or the person delivered the substance while possessing a firearm (as defined in IC 35-47-1-5); or
(3) the person manufactured the substance on a school bus, or in, on, or within two hundred (200) feet of school property, a public park, a family housing complex, or a youth program center.
(b) The offense is
weighs three (3) ten (10) grams or more, but less than
twenty-eight (28) grams; or
(2) the person possesses the drug:
(A) on a school bus;
(B) in, on, or within two hundred (200) feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center; or
(B) (C) while the person was also in possession of a firearm
(as defined in IC 35-47-1-5).
(2) (c) The offense is a Class B felony:
(1) if: the person in possession of the cocaine or narcotic drug
possesses less than three (3) grams of pure or adulterated cocaine
or a narcotic drug:
(A) on a school bus; or
(B) in, on, or within one thousand (1,000) feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center; and
(3) a Class A felony if the person possesses the cocaine or
narcotic drug in an amount (pure or adulterated) weighing at least
three (3) grams:
(A) on a school bus; or
(B) in, on, or within one thousand (1,000) feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center.
(A) the amount of the drug involved (pure or adulterated)
weighs ten (10) grams or more, but less than twenty-eight
(28) grams; and
(B) the person possesses the drug:
(i) on a school bus;
(ii) in, on, or within two hundred (200) feet of school
property, a public park, a family housing complex, or a
youth program center; or
(iii) while the person was also in possession of a firearm
(as defined in IC 35-47-1-5); or
(2) if the amount of the drug involved weighs twenty-eight
(28) grams or more.
(b) The offense is
(2) the person possesses the drug:
(A) on a school bus;
(B) in, on, or within two hundred (200) feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center; or
(1) if:
(A) the amount of the drug involved (pure or adulterated)
weighs ten (10) grams or more, but less than twenty-eight
(28) grams; and
(B) the person possesses the drug:
(i) on a school bus;
(ii) in, on, or within two hundred (200) feet of school
property, a public park, a family housing complex, or a
youth program center; or
(iii) while the person was also in possession of a firearm
(as defined in IC 35-47-1-5); or
(2) if the amount of the drug involved weighs twenty-eight
(28) grams or more.
(b) Except as provided in subsection (i), with respect to the following crimes listed in this subsection, the court may suspend only that part of the sentence that is in excess of the minimum sentence, unless the court has approved placement of the offender in a forensic diversion program under IC 11-12-3.7:
(1) The crime committed was a Class A felony or Class B felony and the person has a prior unrelated felony conviction.
(2) The crime committed was a Class C felony, except for a Class C felony under IC 9-30-10-17, and less than seven (7) years have elapsed between the date the person was discharged from probation, imprisonment, or parole, whichever is later, for a prior unrelated felony conviction and the date the person committed the Class C felony for which the person is being sentenced.
(A) murder (IC 35-42-1-1);
(B) battery (IC 35-42-2-1) with a deadly weapon or battery
causing death;
(C) sexual battery (IC 35-42-4-8) with a deadly weapon;
(D) kidnapping (IC 35-42-3-2);
(E) confinement (IC 35-42-3-3) with a deadly weapon;
(F) rape (IC 35-42-4-1) as a Class A felony;
(G) criminal deviate conduct (IC 35-42-4-2) as a Class A
felony;
(H) except as provided in subsection (i), child molesting
(IC 35-42-4-3) as a Class A or Class B felony, unless:
(i) the felony committed was child molesting as a Class B
felony;
(ii) the victim was not less than twelve (12) years old at the
time the offense was committed;
(iii) the person is not more than four (4) years older than the
victim, or more than five (5) years older than the victim if
the relationship between the person and the victim was a
dating relationship or an ongoing personal relationship (not
including a family relationship);
(iv) the person did not have a position of authority or
substantial influence over the victim; and
(v) the person has not committed another sex offense (as
defined in IC 11-8-8-5.2) (including a delinquent act that
would be a sex offense if committed by an adult) against any
other person;
(I) robbery (IC 35-42-5-1) resulting in serious bodily injury or
with a deadly weapon;
(J) arson (IC 35-43-1-1) for hire or resulting in serious bodily
injury;
(K) burglary (IC 35-43-2-1) resulting in serious bodily injury
or with a deadly weapon;
(L) resisting law enforcement (IC 35-44-3-3) with a deadly
weapon;
(M) escape (IC 35-44-3-5) with a deadly weapon;
(N) rioting (IC 35-45-1-2) with a deadly weapon;
(O) dealing in cocaine or a narcotic drug (IC 35-48-4-1) if the
court finds the person possessed a firearm (as defined in
IC 35-47-1-5) at the time of the offense, or the person
delivered or intended to deliver to a person under eighteen
(18) years of age at least three (3) years junior to the person
and was on a school bus or within one thousand (1,000) feet
of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center;
(P) dealing in methamphetamine (IC 35-48-4-1.1) if the court finds the person possessed a firearm (as defined in IC 35-47-1-5) at the time of the offense, or the person delivered or intended to deliver the methamphetamine pure or adulterated to a person under eighteen (18) years of age at least three (3) years junior to the person and was on a school bus or within one thousand (1,000) feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center;
(Q) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2) if the court finds the person possessed a firearm (as defined in IC 35-47-1-5) at the time of the offense, or the person delivered or intended to deliver to a person under eighteen (18) years of age at least three (3) years junior to the person and was on a school bus or within one thousand (1,000) feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center;
(R) an offense under IC 9-30-5 (operating a vehicle while intoxicated) and the person who committed the offense has accumulated at least two (2) prior unrelated convictions under IC 9-30-5;
(S) an offense under IC 9-30-5-5(b) (operating a vehicle while intoxicated causing death);
(T) aggravated battery (IC 35-42-2-1.5); or
(U) disarming a law enforcement officer (IC 35-44-3-3.5).
(c) Except as provided in subsection (e), whenever the court suspends a sentence for a felony, it shall place the person on probation under IC 35-38-2 for a fixed period to end not later than the date that the maximum sentence that may be imposed for the felony will expire.
(d) The minimum sentence for a person convicted of voluntary manslaughter may not be suspended unless the court finds at the sentencing hearing that the crime was not committed by means of a deadly weapon.
(e) Whenever the court suspends that part of the sentence of a sex
or violent offender (as defined in IC 11-8-8-5) that is suspendible under
subsection (b), the court shall place the sex or violent offender on
probation under IC 35-38-2 for not more than ten (10) years.
(f) An additional term of imprisonment imposed under
IC 35-50-2-11 may not be suspended.
(g) A term of imprisonment imposed under IC 35-47-10-6 or
IC 35-47-10-7 may not be suspended if the commission of the offense
was knowing or intentional.
(h) A term of imprisonment imposed for an offense under
IC 35-48-4-6(b)(1)(B) or IC 35-48-4-6.1(b)(1)(B) may not be
suspended.
(i) If a person is:
(1) convicted of child molesting (IC 35-42-4-3) as a Class A
felony against a victim less than twelve (12) years of age; and
(2) at least twenty-one (21) years of age;
the court may suspend only that part of the sentence that is in excess of
thirty (30) years.
(b) The state may not seek to have a person sentenced as a habitual offender for a felony offense under this section if:
(1) the offense is a misdemeanor that is enhanced to a felony in the same proceeding as the habitual offender proceeding solely because the person had a prior unrelated conviction;
(A) The offense is an offense under IC 16-42-19 or IC 35-48-4.
(B) The offense is not listed in section 2(b)(4) of this chapter.
(C) The total number of unrelated convictions that the person has for:
(i) dealing in or selling a legend drug under IC 16-42-19-27;
(ii) dealing in cocaine or a narcotic drug (IC 35-48-4-1);
(iii) dealing in a schedule I, II, III controlled substance (IC 35-48-4-2);
(iv) dealing in a schedule IV controlled substance
(IC 35-48-4-3); and
(v) dealing in a schedule V controlled substance
(IC 35-48-4-4);
does not exceed one (1).
(c) A person has accumulated two (2) prior unrelated felony
convictions for purposes of this section only if:
(1) the second prior unrelated felony conviction was committed
after sentencing for the first prior unrelated felony conviction; and
(2) the offense for which the state seeks to have the person
sentenced as a habitual offender was committed after sentencing
for the second prior unrelated felony conviction.
(d) A conviction does not count for purposes of this section as a
prior unrelated felony conviction if:
(1) the conviction has been set aside;
(2) the conviction is one for which the person has been pardoned;
or
(3) all of the following apply:
(A) The offense is an offense under IC 16-42-19 or
IC 35-48-4.
(B) The offense is not listed in section 2(b)(4) of this chapter.
(C) The total number of unrelated convictions that the person
has for:
(i) dealing in or selling a legend drug under IC 16-42-19-27;
(ii) dealing in cocaine or a narcotic drug (IC 35-48-4-1);
(iii) dealing in a schedule I, II, III controlled substance
(IC 35-48-4-2);
(iv) dealing in a schedule IV controlled substance
(IC 35-48-4-3); and
(v) dealing in a schedule V controlled substance
(IC 35-48-4-4);
does not exceed one (1).
(e) The requirements in subsection (b) do not apply to a prior
unrelated felony conviction that is used to support a sentence as a
habitual offender. A prior unrelated felony conviction may be used
under this section to support a sentence as a habitual offender even if
the sentence for the prior unrelated offense was enhanced for any
reason, including an enhancement because the person had been
convicted of another offense. However, a prior unrelated felony
conviction under IC 9-30-10-16, IC 9-30-10-17, IC 9-12-3-1 (repealed),
or IC 9-12-3-2 (repealed) may not be used to support a sentence as a
habitual offender.
(f) If the person was convicted of the felony in a jury trial, the jury
shall reconvene for the sentencing hearing. If the trial was to the court
or the judgment was entered on a guilty plea, the court alone shall
conduct the sentencing hearing under IC 35-38-1-3.
(g) A person is a habitual offender if the jury (if the hearing is by
jury) or the court (if the hearing is to the court alone) finds that the
state has proved beyond a reasonable doubt that the person had
accumulated two (2) prior unrelated felony convictions.
(h) The court shall sentence a person found to be a habitual offender
to an additional fixed term that is not less than the advisory sentence
for the underlying offense nor more than three (3) times the advisory
sentence for the underlying offense. However, the additional sentence
may not exceed thirty (30) years.
(b) The criminal code evaluation commission is established to evaluate the criminal laws of Indiana. If, based on the commission's evaluation, the commission determines that changes are necessary or appropriate, the commission shall make recommendations to the general assembly for the modification of the criminal laws.
(c) For the 2011 interim, the commission shall study truth in sentencing, the department of correction's use of good time credit and earned credit time, and felony classifications.
(1) Four (4) members of the senate, not more than two (2) of whom may be affiliated with the same political party, to be appointed by the president pro tempore of the senate.
(2) Four (4) members of the house of representatives, not more than two (2) of whom may be affiliated with the same political party, to be appointed by the speaker of the house of representatives.
(3) The attorney general or the attorney general's designee.
(4) The commissioner of the department of correction or the
commissioner's designee.
(5) The executive director of the prosecuting attorneys council of
Indiana or the executive director's designee.
(6) The executive director of the public defender council of
Indiana or the executive director's designee.
(7) The chief justice of the supreme court or the chief justice's
designee.
(8) Two (2) judges who exercise criminal jurisdiction, who may
not be affiliated with the same political party, to be appointed by
the governor.
(9) Two (2) professors employed by a law school in Indiana
whose expertise includes criminal law, to be appointed by the
governor.
(f) (g) The chairman of the legislative council shall appoint a
legislative member of the commission to serve as chair of the
commission. Whenever there is a new chairman of the legislative
council, the new chairman may remove the chair of the commission
and appoint another chair.
(g) (h) If a legislative member of the commission ceases to be a
member of the chamber from which the member was appointed, the
member also ceases to be a member of the commission.
(h) (i) A legislative member of the commission may be removed at
any time by the appointing authority who appointed the legislative
member.
(i) (j) If a vacancy exists on the commission, the appointing
authority who appointed the former member whose position is vacant
shall appoint an individual to fill the vacancy.
(j) (k) The commission shall submit a final report of the results of
its study to the legislative council before November 1, 2011. The report
must be in an electronic format under IC 5-14-6.
(k) (l) The Indiana criminal justice institute shall provide staff
support to the commission to prepare:
(1) minutes of each meeting; and
(2) the final report.
(l) (m) The legislative services agency shall provide staff support to
the commission to:
(1) advise the commission on legal matters, criminal procedures,
and legal research; and
(2) draft potential legislation.
(m) (n) Each member of the commission is entitled to receive the
same per diem, mileage, and travel allowances paid to individuals who
serve as legislative and lay members, respectively, of interim study
committees established by the legislative council.
(n) (o) The affirmative votes of a majority of all the members who
serve on the commission are required for the commission to take action
on any measure, including the final report.
(o) (p) Except as otherwise specifically provided by this SECTION,
the commission shall operate under the rules of the legislative council.
All funds necessary to carry out this SECTION shall be paid from
appropriations to the legislative council and the legislative services
agency.
(p) (q) This SECTION expires December 31, 2011.
SECTION 56. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2011]: IC 35-43-4-2.5; IC 35-43-5-3.6; IC 35-50-2-2.1.
