Bill Text: IN SB0349 | 2010 | Regular Session | Introduced
Bill Title: Community corrections.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-28 - Senator Alting added as coauthor [SB0349 Detail]
Download: Indiana-2010-SB0349-Introduced.html
Citations Affected: IC 11-11-5-1; IC 11-12-2; IC 35-38;
IC 35-50-6-5.
Synopsis: Community corrections. Provides that department of
correction (department) rules concerning the maintenance of order and
discipline among committed persons applies to persons placed in a
community corrections program, assigned to a community transition
program, or released on parole. Repeals a provision that requires a
county that receives a grant from the department commissioner for the
establishment and operation of a community corrections program to be
charged a sum for certain persons committed to the department and
confined in a state correctional facility. Requires that a community
corrections plan must include a method to evaluate each component of
the program to determine the overall use of department approved best
practices for the program. Provides that the department must require
community corrections programs to submit an evaluation of the use of
department approved best practices for community correction program
components in proposed budget requests. Provides that, for the
purposes of the law concerning home detention, a home includes the
residence of another person who is not part of the social unit formed by
an offender's immediate family. Establishes certain standards and
criteria for direct placement of offenders in community corrections
programs. Specifies that, for purposes of the law concerning direct
placement in community corrections programs: (1) "home" means the
actual living area of the temporary or permanent residence of a person;
and (2) a person who is placed in a community corrections program
under the law is entitled to earn credit time. Allows a person to be
deprived of credit time for violating a rule or condition of a community
corrections program.
Effective: July 1, 2010.
January 11, 2010, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
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
corrections.
(1) placed in a community corrections program;
(2) assigned to a community transition program; or
(3) released on parole.
payments suspended under section 9, 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) formulate:
(A) the community corrections plan and the application for financial aid required by section 4 of this chapter; and
(B) the forensic diversion program plan under IC 11-12-3.7;
(2) observe and coordinate community corrections programs in the county;
(3) make an annual report to the county fiscal body, county executive, or, in a county having a consolidated city, the city-county council, containing an evaluation of the effectiveness of programs receiving financial aid under this chapter and recommendations for improvement, modification, or discontinuance of these programs;
(4) ensure that programs receiving financial aid under this chapter comply with the standards adopted by the department under section 5 of this chapter;
(5) recommend to the county executive or, in a county having a consolidated city, to the city-county council, the approval or disapproval of contracts with units of local government or nongovernmental agencies that desire to participate in the community corrections plan; and
(6) ensure that:
(A) all offenders placed on an electronic monitoring device are supervised:
(i) directly by a community corrections program; or
(ii) through a contract between the community corrections program and a contract agency (as defined in IC 35-38-2.5-2.5); and
(B) a contract agency described in clause (A)(ii) is in compliance with the local community corrections standards.
Before recommending approval of a contract, the advisory board must
determine that a program is capable of meeting the standards adopted
by the department under section 5 of this chapter.
(b) A community corrections advisory board shall do the following:
(1) Adopt bylaws for the conduct of its own business.
(2) Hold a regular meeting at least one (1) time every three (3)
months and at other times as needed to conduct all necessary
business. Dates of regular meetings shall be established at the first
meeting of each year.
(3) Comply with the public meeting and notice requirements
under IC 5-14-1.5.
(c) A community corrections advisory board may contain an office
as designated by the county executive or, in a county having a
consolidated city, by the city-county council.
(d) Notwithstanding subsection (a)(4), the standards applied to a
court alcohol and drug program or a drug court that provides services
to a forensic diversion program under IC 11-12-3.7 must be the
standards established under IC 12-23-14 or IC 12-23-14.5.
(b) A community corrections plan must comply with rules adopted under section 5 of this chapter and must include:
(1) a description of each program for which financial aid is sought;
(2) the purpose, objective, administrative structure, staffing, and duration of the program;
(3) a method to evaluate each component of the program to determine the overall use of department approved best practices for the program;
financial aid under this chapter will operate a coordinated
community corrections program.
(c) A community corrections plan must be annually updated,
approved by the county executive or, in a city having a consolidated
city, by the city-county council, and submitted to the commissioner.
(d) No amendment to or substantial modification of an approved
community corrections plan may be placed in effect until the
department and county executive, or in a county having a consolidated
city, the city-county council, have approved the amendment or
modification.
(e) A copy of the final plan as approved by the department shall be
made available to the board in a timely manner.
(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.
(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.
(1) the interior living area of the temporary or permanent residence of an offender; or
(2) if the offender's residence is a multi-family dwelling, the unit in which the offender resides, and not the:
(A) halls or common areas outside the unit where the offender resides; or
(B) other units, occupied or unoccupied, in the multi-family dwelling.
The term includes a hospital, health care facility, hospice, group home, maternity home, residential treatment facility, and boarding house. The term does not include a public correctional facility.
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 4.2. (a) A community corrections
program shall establish written criteria and procedures for
determining if an offender or alleged offender is eligible for direct
placement supervision under this chapter.
(b) The criteria and procedures established under subsection (a)
must establish a record keeping system that allows the department
or community corrections program to quickly determine if an
offender or alleged offender is in violation of the terms of a direct
placement order issued under this chapter.
(c) A community corrections program charged by a court with
supervision of offenders and alleged offenders ordered to be placed
directly in a community corrections program under this chapter
shall provide all law enforcement agencies, including any contract
agency (as defined in IC 35-38-2.5-2.5), having jurisdiction in the
place where a community corrections program is located a list of
offenders and alleged offenders under direct placement
supervision. The list must include the following information about
each offender and alleged offender:
(1) The offender's name, any known aliases, and the location
of the offender's direct placement under this chapter.
(2) The crime for which the offender was convicted.
(3) The date the offender's direct placement expires.
(4) The name, address, and telephone number of the
offender's supervising community corrections program
officer for direct placement under this chapter.
(5) An indication of whether the offender is a violent offender.
(d) Except as provided in IC 35-28-2.5-6(1), a community
corrections program charged by a court with supervision of
offenders and alleged offenders ordered to undergo direct
placement under this chapter shall, at the beginning of a period of
the direct placement, set any monitoring device (as defined in
IC 35-38-2.5-3) and surveillance equipment to minimize the
possibility that the offender or alleged offender may enter another
residence or structure without a violation.
(e) A community corrections program charged by a court with
supervision of offenders and alleged offenders ordered to undergo
direct placement under this chapter shall:
(1) maintain or contract with a contract agency to maintain
constant supervision of each offender and alleged offender as
described in subsection (f); and
(2) have adequate staff available twenty-four (24) hours each
day to respond if an offender or alleged offender violates the
conditions of the direct placement order under this chapter.
A community corrections program may contract with a contract
agency under this subsection only if the contract agency is able to
comply with subsection (f).
(f) A contract agency:
(1) that maintains supervision of an offender or alleged
offender under subsection (e)(1) shall follow the rules set by
the local community corrections advisory board as a part of
community corrections program direct placement written
criteria and procedures; and
(2) shall notify the contracting community corrections
program within one (1) hour if the offender or alleged
offender violates the conditions of the direct placement order.
However, if a shorter notification time is required by the
community corrections program, a community corrections
advisory board must require a contract agency to comply
with the shorter notification requirement for a direct
placement order violation as if the offender were serving a
direct placement order as part of a community corrections
program.
(g) A community corrections program or contract agency
charged by a court with supervision of an offender or alleged
offender placed under direct placement under this chapter shall
cause a local law enforcement agency or contract agency described
in this section to be the initial agency contacted upon determining
that the offender is in violation of a direct placement order.
permanent residence of a person. The term does not include a:
(1) hospital;
(2) health care facility;
(3) hospice;
(4) group home;
(5) maternity home;
(6) residential treatment facility;
(7) boarding house; or
(8) public correctional facility.
A person who is placed in a community corrections program under this
chapter is entitled to earn credit time under IC 35-50-6. unless the
person is placed in the person's home.
(b) A person who is placed in a community corrections program
under this chapter may be deprived of earned credit time as provided
under rules adopted by the department of correction under IC 4-22-2.
(1) A violation of one (1) or more rules of the department of correction.
(2) If the person is not committed to the department, a violation of one (1) or more rules of the penal facility in which the person is imprisoned.
(3) A violation of one (1) or more rules or conditions of a:
(A) community transition program; or
(B) community corrections program.
(4) If a court determines that a civil claim brought by the person in a state or an administrative court is frivolous, unreasonable, or groundless.
(5) If the person is a sex offender (as defined in IC 11-8-8-5) and refuses to register before being released from the department as required under IC 11-8-8-7.
(6) If the person is a sex offender (as defined in IC 11-8-8-5) and refuses to participate in a sex offender treatment program specifically offered to the sex offender by the department of correction while the person is serving a period of incarceration
with the department of correction.
However, the violation of a condition of parole or probation may not be
the basis for deprivation. Whenever a person is deprived of credit time,
the person may also be reassigned to Class II (if the person is not a
credit restricted felon) or Class III.
(b) Before a person may be deprived of earned credit time, the
person must be granted a hearing to determine the person's guilt or
innocence and, if found guilty, whether deprivation of earned credit
time is an appropriate disciplinary action for the violation. In
connection with the hearing, the person is entitled to the procedural
safeguards listed in section 4(e) of this chapter. The person may waive
the person's right to the hearing.
(c) Any part of the credit time of which a person is deprived under
this section may be restored.
