Introduced Version
HOUSE BILL No. 1004
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 11-12-6.5-4; IC 35-31.5-2-155; IC 35-38.
Synopsis: Department of correction. Amends and updates certain
terms and provisions involving direct placement in a community
corrections program. Clarifies the definition of "community corrections
program". Removes the term "home detention" and replaces the term
with "electronic monitoring" as it applies to direct placement in a
community corrections program. Provides that if a court places a
person in a community corrections program, the court may require
direct placement supervision for any part of a sentence that must be
executed under a suspended sentence. Provides that a person placed on
a level of supervision as part of a community corrections program
receives one day of accrued time for each day the person is in a
residential center and work release, electronic monitoring, day
treatment, or day reporting supervision, plus any earned good time
credit. Provides that when a person completes a placement program,
the court may place the person on probation. Provides that a court may
commit a person convicted of a Level 6 felony to the department of
correction (department). (Current law provides that, under certain
circumstances, a person convicted of a Level 6 felony may not be
committed to the department.) Makes conforming changes.
Effective: July 1, 2022.
Frye R, McNamara, Steuerwald
January 4, 2022, read first time and referred to Committee on Courts and Criminal Code.
2022 IN 1004—LS 6811/DI 131 Introduced
Second Regular Session of the 122nd General Assembly (2022)
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 this style type.
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 this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1004
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 11-12-6.5-4, AS ADDED BY P.L.239-2019,
2 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 4. The costs of incarcerating a confined jail
4 offender under IC 35-38-3-3(f) IC 35-38-3-3(e) shall be used to pay for
5 the confined jail offender housed in either a regional holding facility or
6 a county jail.
7 SECTION 2. IC 35-31.5-2-155, AS ADDED BY P.L.114-2012,
8 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2022]: Sec. 155. (a) "Home", for purposes of IC 35-38-2.5,
10 has the meaning set forth in IC 35-38-2.5-2.
11 (b) "Home", for purposes of IC 35-38-2.6-6, has the meaning set
12 forth in IC 35-38-2.6-6(a).
13 SECTION 3. IC 35-38-2.6-2 IS AMENDED TO READ AS
14 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. As used in this
15 chapter, "community corrections program" means a program level of
16 supervision consisting of residential centers and work release,
17 electronic monitoring, day treatment, or day reporting that is:
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1 (1) operated under a community corrections plan of a county and
2 funded at least in part by the state subsidy provided under
3 IC 11-12-2; or
4 (2) operated by or under contract with a court or county.
5 SECTION 4. IC 35-38-2.6-3, AS AMENDED BY P.L.111-2017,
6 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2022]: Sec. 3. (a) The court may, at the time of sentencing,
8 suspend the sentence and order a person to be placed in a community
9 corrections program as an alternative to commitment to the department
10 of correction. The court may impose reasonable terms on the placement
11 or require the director of the community corrections program to impose
12 reasonable terms on the placement. A court shall require a person:
13 (1) who is described in IC 10-13-6-10(a);
14 (2) who has not previously provided a DNA sample in accordance
15 with IC 10-13-6; and
16 (3) whose sentence does not involve a commitment to the
17 department of correction;
18 to provide a DNA sample as a term of placement.
19 (b) Placement in a community corrections program under this
20 chapter is subject to the availability of residential beds or home
21 detention electronic monitoring units in a community corrections
22 program.
23 (c) A person placed under this chapter is responsible for the person's
24 own medical care while in the placement program.
25 (d) Placement under this chapter is subject to the community
26 corrections program receiving a The community corrections
27 program shall have access to and use an offender's written
28 presentence report or memorandum from a county probation agency,
29 if applicable, when determining the offender's eligibility for
30 placement.
31 SECTION 5. IC 35-38-2.6-4 IS AMENDED TO READ AS
32 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. If the court places a
33 person in a community corrections program under this chapter, the
34 court shall suspend the sentence for a fixed period to end not later than
35 the date the suspended sentence expires. may require direct
36 placement supervision for any part of the sentence which must be
37 executed under IC 35-50-2-2.1 or IC 35-50-2-2.2.
38 SECTION 6. IC 35-38-2.6-4.2, AS ADDED BY P.L.105-2010,
39 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2022]: Sec. 4.2. (a) A community corrections program shall
41 establish written criteria and procedures for determining if an offender
42 or alleged offender is eligible for direct placement supervision under
2022 IN 1004—LS 6811/DI 131 3
1 this chapter.
2 (b) The criteria and procedures established under subsection (a)
3 must establish a record keeping system that allows the department or
4 community corrections program to quickly determine if an offender or
5 alleged offender is in violation of the terms of a direct placement order
6 issued under this chapter.
7 (c) A community corrections program charged by a court with
8 supervision of offenders and alleged offenders ordered to be placed
9 directly in a community corrections program under this chapter shall
10 provide all law enforcement agencies, including any contract agency
11 (as defined in IC 35-38-2.5-2.5), having jurisdiction in the place where
12 a community corrections program is located with a list of offenders and
13 alleged offenders under direct placement supervision. The list must
14 include the following information about each offender: and alleged
15 offender:
16 (1) The offender's name, any known aliases, and the location of
17 the offender's direct placement under this chapter.
18 (2) The crime for which the offender was convicted.
19 (3) The date the offender's direct placement expires.
20 (4) The name, address, and telephone number of the offender's
21 supervising community corrections program officer for direct
22 placement under this chapter.
23 (5) An indication of whether the offender is a violent offender.
24 (d) Except as provided in IC 35-38-2.5-6(1), a community
25 corrections program charged by a court with supervision of offenders
26 and alleged offenders ordered to undergo direct placement under this
27 chapter shall, at the beginning of a period of the direct placement, set
28 any monitoring device (as defined in IC 35-38-2.5-3) and surveillance
29 equipment to minimize the possibility that the offender or alleged
30 offender may enter another residence or structure without the detection
31 of a violation.
32 (e) A community corrections program charged by a court with
33 supervision of offenders and alleged offenders ordered to undergo
34 direct placement under this chapter shall:
35 (1) maintain or contract with a contract agency to maintain
36 constant supervision of each offender and alleged offender as
37 described in subsection (f); and
38 (2) have adequate staff available twenty-four (24) hours each day
39 to respond if an offender or alleged offender violates the
40 conditions of the direct placement order under this chapter.
41 A community corrections program may contract with a contract agency
42 under this subsection only if the contract agency is able to comply with
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1 subsection (f).
2 (f) A contract agency:
3 (1) that maintains supervision of an offender or alleged offender
4 under subsection (e)(1) shall follow the rules set by the local
5 community corrections advisory board as a part of community
6 corrections program direct placement written criteria and
7 procedures; and
8 (2) shall notify the contracting community corrections program
9 within one (1) hour if the offender or alleged offender violates the
10 conditions of the direct placement order. However, if a shorter
11 notification time is required by the community corrections
12 program, a community corrections advisory board must require a
13 contract agency to comply with the shorter notification
14 requirement for a direct placement order violation as if the
15 offender were serving a direct placement order as part of a
16 community corrections program.
17 (g) A community corrections program or contract agency charged
18 by a court with supervision of an offender or alleged offender placed
19 under direct placement under this chapter shall cause a local law
20 enforcement agency or contract agency described in this section to be
21 the initial agency contacted upon determining that the offender is in
22 violation of a direct placement order.
23 SECTION 7. IC 35-38-2.6-4.5, AS AMENDED BY P.L.105-2010,
24 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2022]: Sec. 4.5. If a court places a person on home detention
26 any level of supervision as part of a community corrections program
27 under this chapter, the placement must comply with all applicable
28 provisions in IC 11-12 and IC 35-38-2.5.
29 SECTION 8. IC 35-38-2.6-6, AS AMENDED BY P.L.26-2019,
30 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2022]: Sec. 6. (a) As used in this section, "home" means the
32 actual living area of the temporary or permanent residence of a person.
33 (b) (a) A person confined on home detention in placed on a level
34 of supervision as part of a community corrections program under this
35 chapter receives one (1) day of accrued time for each day the person
36 is confined on home detention, in a residential center and work
37 release, electronic monitoring, day treatment, or day reporting
38 supervision, plus any earned good time credit.
39 (c) (b) In addition to accrued time under subsection (b), (a), a
40 person who is placed in on a level of supervision as part of a
41 community corrections program under this chapter is entitled to earn
42 good time credit under IC 35-50-6-3 and IC 35-50-6-3.1. A person
2022 IN 1004—LS 6811/DI 131 5
1 confined on home detention placed on a level of supervision as part
2 of a community corrections program may not earn educational credit
3 under IC 35-50-6-3.3.
4 (d) (c) The department of correction shall adopt rules under
5 IC 4-22-2, and may adopt emergency rules under IC 4-22-2-37.1,
6 concerning the deprivation of earned good time credit for a person who
7 is placed in on a level of supervision as part of a community
8 corrections program under this chapter.
9 (e) (d) A person who is placed in on a level of supervision as part
10 of a community corrections program under this chapter may be
11 deprived of earned good time credit as provided under rules adopted by
12 the department of correction under IC 4-22-2, including
13 IC 4-22-2-37.1.
14 SECTION 9. IC 35-38-2.6-7 IS AMENDED TO READ AS
15 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 7. When a person
16 completes a placement program under this chapter, the court shall may
17 place the person on probation.
18 SECTION 10. IC 35-38-3-3, AS AMENDED BY P.L.156-2020,
19 SECTION 129, IS AMENDED TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) Except as provided by
21 subsection (b), a person convicted of a misdemeanor may not be
22 committed to the department of correction.
23 (b) Upon a request from the sheriff, the commissioner may agree to
24 accept custody of a misdemeanant:
25 (1) if placement in the county jail:
26 (A) places the inmate in danger of serious bodily injury or
27 death; or
28 (B) represents a substantial threat to the safety of others;
29 (2) for other good cause shown; or
30 (3) if a person has more than five hundred forty-seven (547) days
31 remaining before the person's earliest release date as a result of:
32 (A) consecutive misdemeanor sentences; or
33 (B) a sentencing enhancement applied to a misdemeanor
34 sentence.
35 (c) After June 30, 2014, and before January 1, 2016, a court may not
36 commit a person convicted of a Level 6 felony to the department of
37 correction if the person's earliest possible release date is less than
38 ninety-one (91) days from the date of sentencing, unless the
39 commitment is due to the person violating a condition of probation,
40 parole, or community corrections by committing a new criminal
41 offense.
42 (d) (c) A court may not commit a person convicted of a Level 6
2022 IN 1004—LS 6811/DI 131 6
1 felony to the department of correction. unless:
2 (1) the commitment is due to the revocation of the person's
3 sentence for violating probation, parole, or community corrections
4 and the revocation of the person's sentence is due to a new
5 criminal offense;
6 (2) the person is convicted of a Level 6 felony that was committed
7 in a penal facility; or
8 (3) the person:
9 (A) is convicted of a Level 6 felony and the sentence for that
10 felony is ordered to be served consecutively to the sentence for
11 another felony;
12 (B) is convicted of a Level 6 felony that is enhanced by an
13 additional fixed term under IC 35-50-2-8 through
14 IC 35-50-2-16;
15 (C) has received an enhanced sentence under IC 9-30-15.5-2;
16 (D) is a violent offender as defined in IC 35-31.5-2-352(1); or
17 (E) has two (2) prior unrelated felony convictions;
18 and the person's earliest possible release date is more than three
19 hundred sixty-five (365) days after the date of sentencing; or
20 (4) the commitment is due to an agreement made between the
21 sheriff and the department of correction under IC 11-12-6.5.
22 A person who may not be committed to the department of correction
23 may be placed on probation, committed to the county jail, or placed in
24 community corrections for assignment to an appropriate community
25 corrections program.
26 (e) (d) Subject to appropriation from the general assembly, a sheriff
27 is entitled to a per diem and medical expense reimbursement from the
28 department of correction for the cost of incarcerating a person
29 described in subsections subsection (c) and (d) in a county jail. The
30 sheriff is entitled to a per diem and medical expense reimbursement
31 only for the time that the person described in subsections subsection
32 (c) and (d) is incarcerated in the county jail.
33 (f) (e) Per diem and medical expense reimbursements received by
34 a county under this section or received by a county from the state under
35 any other law for the purpose of reimbursing sheriffs for the cost of
36 incarcerating in county jails persons convicted of felonies:
37 (1) shall be deposited in the county general fund; and
38 (2) upon appropriation by the county fiscal body, shall be used by
39 the county sheriff only for the purposes of paying the costs of
40 incarcerating in the county jail persons described in subsections
41 subsection (c) and (d) or other persons convicted of felonies.
42 (g) (f) The county auditor shall semiannually provide to the county
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1 fiscal body and the county sheriff an itemized record of the per diem
2 and medical expense reimbursements received by the county under this
3 section or under any other law for the purpose of reimbursing sheriffs
4 for the cost of incarcerating persons convicted of felonies.
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