Bill Text: IN SB0376 | 2012 | Regular Session | Amended
Bill Title: Release of long term inmates.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2012-02-13 - First reading: referred to Committee on Rules and Legislative Procedures [SB0376 Detail]
Download: Indiana-2012-SB0376-Amended.html
Reprinted
February 1, 2012
SENATE BILL No. 376
_____
DIGEST OF SB 376
(Updated January 31, 2012 2:41 pm - DI 106)
Citations Affected: IC 11-9; IC 11-13.
Synopsis: Release of long term inmates. Prohibits the parole board
from making a clemency recommendation concerning certain inmates
convicted of certain serious crimes, and prohibits the parole board from
conducting an investigation or holding a hearing concerning these
inmates unless requested to do so by the governor. Provides that the
parole board shall transfer a long term inmate to a transitional program
if the inmate meets certain criteria, and specifies that the parole board
shall release a long term inmate who has completed a transitional
program if the inmate satisfies certain conditions, including successful
completion of a transitional program. Repeals superseded provisions.
Effective: July 1, 2012.
Waterman
, Steele
January 9, 2012, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
January 24, 2012, amended, reported favorably _ Do Pass.
January 31, 2012, read second time, amended, ordered engrossed.
Reprinted
February 1, 2012
Second Regular Session 117th General Assembly (2012)
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
SENATE BILL No. 376
A BILL FOR AN ACT to amend the Indiana Code concerning
corrections.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 11-9-2-2; (12)SB0376.2.1. -->
SECTION 1. IC 11-9-2-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 2. (a) As used in this section,
"victim" means a person who has suffered direct harm as a result of a
violent crime (as defined in IC 5-2-6.1-8).
(b) Except as provided in subsection (d), the parole board shall submit to the governor its recommendation regarding an application for commutation of sentence, pardon, reprieve, or remission of fine or forfeiture. Before submitting its recommendation, the parole board shall do all of the following:
(1) Notify:
(A) the sentencing court;
(B) the victim of the crime for which the person was convicted (or the next of kin of the victim if the victim is deceased or incompetent for any reason), unless the victim has made a written request not to be notified; and
(C) the prosecuting attorney of the county where the conviction was obtained.
(2) Conduct an investigation, which must include the collection of records, reports, and other information relevant to consideration of the application.
(3) Conduct a hearing where the petitioner and other interested persons are given an opportunity to appear and present information regarding the application. The hearing may be conducted in an informal manner without regard to formal rules of evidence.
(c) The notice to a victim or the next of kin of a victim that is sent under subsection (b)(1) must comply with the requirements for notices to victims that are established under IC 11-13-3-3.
(d) The parole board may not make a recommendation to the governor regarding an application for commutation of sentence, pardon, reprieve, or remission of fine or forfeiture concerning a person who has:
(1) received a sentence of life without the possibility of parole under IC 35-50; or
(2) been convicted of any of the following:
(A) Child molesting (IC 35-42-4-3) as a Class A felony.
(B) Murder (IC 35-42-1-1).
(C) Voluntary manslaughter (IC 35-42-1-3).
(D) Battery (IC 35-42-2-1) as a Class A felony.
(E) Criminal deviate conduct (IC 35-42-4-2) as a Class A felony.
(F) Kidnapping (IC 35-42-3-2) as a Class A felony.
(G) Neglect of a dependent (IC 35-46-1-4) as a Class A felony.
(H) Robbery (IC 35-42-5-1) as a Class A felony.
(I) Rape (IC 35-42-4-1) as a Class A felony.
(J) An offense substantially similar to the offenses described in this subdivision.
If the parole board receives an application from a person described in subdivision (1) or (2), the parole board shall forward the application to the governor without recommendation. Unless requested to do so by the governor, the parole board may not conduct an investigation under subsection (b)(2) or conduct a hearing under subsection (b)(3) concerning a person described in subdivision (1) or (2).
(b) Except as provided in subsection (d), the parole board shall submit to the governor its recommendation regarding an application for commutation of sentence, pardon, reprieve, or remission of fine or forfeiture. Before submitting its recommendation, the parole board shall do all of the following:
(1) Notify:
(A) the sentencing court;
(B) the victim of the crime for which the person was convicted (or the next of kin of the victim if the victim is deceased or incompetent for any reason), unless the victim has made a written request not to be notified; and
(C) the prosecuting attorney of the county where the conviction was obtained.
(2) Conduct an investigation, which must include the collection of records, reports, and other information relevant to consideration of the application.
(3) Conduct a hearing where the petitioner and other interested persons are given an opportunity to appear and present information regarding the application. The hearing may be conducted in an informal manner without regard to formal rules of evidence.
(c) The notice to a victim or the next of kin of a victim that is sent under subsection (b)(1) must comply with the requirements for notices to victims that are established under IC 11-13-3-3.
(d) The parole board may not make a recommendation to the governor regarding an application for commutation of sentence, pardon, reprieve, or remission of fine or forfeiture concerning a person who has:
(1) received a sentence of life without the possibility of parole under IC 35-50; or
(2) been convicted of any of the following:
(A) Child molesting (IC 35-42-4-3) as a Class A felony.
(B) Murder (IC 35-42-1-1).
(C) Voluntary manslaughter (IC 35-42-1-3).
(D) Battery (IC 35-42-2-1) as a Class A felony.
(E) Criminal deviate conduct (IC 35-42-4-2) as a Class A felony.
(F) Kidnapping (IC 35-42-3-2) as a Class A felony.
(G) Neglect of a dependent (IC 35-46-1-4) as a Class A felony.
(H) Robbery (IC 35-42-5-1) as a Class A felony.
(I) Rape (IC 35-42-4-1) as a Class A felony.
(J) An offense substantially similar to the offenses described in this subdivision.
If the parole board receives an application from a person described in subdivision (1) or (2), the parole board shall forward the application to the governor without recommendation. Unless requested to do so by the governor, the parole board may not conduct an investigation under subsection (b)(2) or conduct a hearing under subsection (b)(3) concerning a person described in subdivision (1) or (2).
SOURCE: IC 11-13-9-2; (12)SB0376.2.2. -->
SECTION 2. IC 11-13-9-2, AS AMENDED BY P.L.228-2011,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 2. (a) As used in this section, the years of an
inmate's confinement is are "consecutive" if:
(1) the inmate has remained in the continuous custody of the department for the requisite length of time; or
(2) the inmate would have remained in the continuous custody of the department for the requisite length of time, but:
(A) was released from the custody of the department on the basis of an erroneous court order; and
(B) returned to the custody of the department not later than seventy-two (72) hours after the erroneous court order was rescinded.
(b) Notwithstanding any other law, as soon as practicable after an inmate has been confined to the custody of the department for:
(1) twenty-five (25) consecutive years;
(2) twenty-four (24) consecutive years if the inmate has received one (1) year of credit time under IC 35-50-6-3.3;
(3) twenty-three (23) consecutive years if the inmate has received two (2) years of credit time under IC 35-50-6-3.3;
(4) twenty-two (22) consecutive years if the inmate has received three (3) years of credit time under IC 35-50-6-3.3; or
(5) twenty-one (21) consecutive years if the inmate has received four (4) years of credit time under IC 35-50-6-3.3;
the department shall identify the inmate to the parole board and provide the parole board with the inmate's offender progress report.
(1) the inmate has remained in the continuous custody of the department for the requisite length of time; or
(2) the inmate would have remained in the continuous custody of the department for the requisite length of time, but:
(A) was released from the custody of the department on the basis of an erroneous court order; and
(B) returned to the custody of the department not later than seventy-two (72) hours after the erroneous court order was rescinded.
(b) Notwithstanding any other law, as soon as practicable after an inmate has been confined to the custody of the department for:
(1) twenty-five (25) consecutive years;
(2) twenty-four (24) consecutive years if the inmate has received one (1) year of credit time under IC 35-50-6-3.3;
(3) twenty-three (23) consecutive years if the inmate has received two (2) years of credit time under IC 35-50-6-3.3;
(4) twenty-two (22) consecutive years if the inmate has received three (3) years of credit time under IC 35-50-6-3.3; or
(5) twenty-one (21) consecutive years if the inmate has received four (4) years of credit time under IC 35-50-6-3.3;
the department shall identify the inmate to the parole board and provide the parole board with the inmate's offender progress report.
SOURCE: IC 11-13-9-3; (12)SB0376.2.3. -->
SECTION 3. IC 11-13-9-3, AS ADDED BY P.L.119-2008,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. Upon receipt of the material described in
section 2 of this chapter, the parole board shall set a hearing to
determine whether the circumstances warrant the inmate's discharge
transfer or release. from the custody of the department.
SOURCE: IC 11-13-9-4; (12)SB0376.2.4. -->
SECTION 4. IC 11-13-9-4, AS ADDED BY P.L.119-2008,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 4. The parole board shall consider all relevant
factors in determining whether the inmate is to be discharged
transferred or released under this chapter and must consider a
community investigation report submitted to the parole board. The
parole board shall give special consideration to an inmate who
demonstrates each of the following:
(1) A good conduct history during confinement, including the successful completion of a transitional program, if applicable.
(2) Proof that the inmate will have suitable living quarters in a community if the inmate isdischarged. released.
(3) Proof that one (1) or more employers in the area in which the inmate would reside ifdischarged released have offered to
(1) A good conduct history during confinement, including the successful completion of a transitional program, if applicable.
(2) Proof that the inmate will have suitable living quarters in a community if the inmate is
(3) Proof that one (1) or more employers in the area in which the inmate would reside if
employ the inmate for at least thirty (30) hours a week on the
same terms as the employer employs other employees.
(4) Proof that the inmate:
(A) is at least a high school graduate; or
(B) has obtained:
(i) a general equivalency degree; or
(ii) a state of Indiana general educational development
(GED) diploma.
SOURCE: IC 11-13-9-4.5; (12)SB0376.2.5. -->
SECTION 5. IC 11-13-9-4.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 4.5. (a) As used in this section, "transitional
program" means a program operated by the department that helps
an inmate reenter the community after a period of incarceration
and that may provide a range of necessary reintegration services.
The term includes an alternative transitional program, as
determined by the parole board, whose conditions may include
home detention or GPS monitoring for an inmate who has been
denied participation in a traditional transitional program due to a
medical condition.
(b) If the parole board determines that the inmate:
(1) has been properly rehabilitated; and
(2) has suitable plans to carry out if released;
the parole board shall transfer the inmate to a transitional program for a period of one (1) year.
(c) An inmate who successfully completes a transitional program is eligible to seek release under section 5 of this chapter.
(b) If the parole board determines that the inmate:
(1) has been properly rehabilitated; and
(2) has suitable plans to carry out if released;
the parole board shall transfer the inmate to a transitional program for a period of one (1) year.
(c) An inmate who successfully completes a transitional program is eligible to seek release under section 5 of this chapter.
SOURCE: IC 11-13-9-5; (12)SB0376.2.6. -->
SECTION 6. IC 11-13-9-5, AS ADDED BY P.L.119-2008,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 5. (a) If the parole board determines that the
inmate:
(1) has been properly rehabilitated;and
(2) has suitable plans to carry out ifdischarged; released; and
(3) has successfully completed a transitional program under section 4.5 of this chapter;
the parole board shalldischarge release the inmate from the custody of
the department. An inmate who is released from confinement under
this subsection must be placed on parole as described in subsection (b).
(b) An inmate who isdischarged released from the department
under this section shall be placed on parole as follows:
(1) An inmate who is required to be placed on parole for the remainder of the inmate's life under IC 35-50-6-1(e) shall be placed on parole for the remainder of the inmate's life.
(2) An inmate who is:
(A) not an inmate described in subdivision (1); and
(B) not required to serve a period of probation;
shall be placed on parole fortwo (2) years. one (1) year.
(1) has been properly rehabilitated;
(2) has suitable plans to carry out if
(3) has successfully completed a transitional program under section 4.5 of this chapter;
the parole board shall
(b) An inmate who is
(1) An inmate who is required to be placed on parole for the remainder of the inmate's life under IC 35-50-6-1(e) shall be placed on parole for the remainder of the inmate's life.
(2) An inmate who is:
(A) not an inmate described in subdivision (1); and
(B) not required to serve a period of probation;
shall be placed on parole for
SOURCE: IC 11-13-9-6; (12)SB0376.2.7. -->
SECTION 7. IC 11-13-9-6, AS ADDED BY P.L.119-2008,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 6. If the parole board denies an inmate's request
to be discharged transferred or released under this chapter, the
inmate may petition for a new review not earlier than one (1) year after
the parole board denies the request.
SOURCE: IC 11-13-9-7; (12)SB0376.2.8. -->
SECTION 8. IC 11-13-9-7, AS ADDED BY P.L.119-2008,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 7. The parole board or the department shall notify
a registered crime victim in accordance with IC 11-8-7-2 if an inmate
is discharged released or transferred under this chapter.
