*HB1004.1*
January 6, 2022
HOUSE BILL No. 1004
_____
DIGEST OF HB 1004 (Updated January 5, 2022 12:41 pm - DI 131)
Citations Affected: IC 11-12; IC 35-38.
Synopsis: Department of correction. Amends and updates certain
terms involving direct placement in a community corrections program.
Updates the definition of "community corrections program". Specifies
that a court may suspend any portion of a sentence and order a person
to be placed in a community corrections program for the part of the
sentence which must be executed. Provides that a person placed on a
level of supervision as part of a community corrections program: (1) is
entitled to earned good time credit; (2) may not earn educational credit;
and (3) may be deprived of 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.
January 6, 2022, amended, reported — Do Pass.
HB 1004—LS 6811/DI 131 January 6, 2022
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 35-38-2.6-2 IS AMENDED TO READ AS
8 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. As used in this
9 chapter, "community corrections program" means a program level of
10 supervision consisting of residential centers and work release,
11 electronic monitoring, day treatment, or day reporting that is:
12 (1) operated under a community corrections plan of a county and
13 funded at least in part by the state subsidy provided under
14 IC 11-12-2; or
15 (2) operated by or under contract with a court or county.
16 SECTION 3. IC 35-38-2.6-3, AS AMENDED BY P.L.111-2017,
17 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
HB 1004—LS 6811/DI 131 2
1 JULY 1, 2022]: Sec. 3. (a) The court may, at the time of sentencing,
2 suspend any portion of the sentence and order a person to be placed
3 in a community corrections program as an alternative to commitment
4 to the department of correction for the part of the sentence which
5 must be executed under IC 35-50-2-2.1 or IC 35-50-2-2.2. The court
6 may impose reasonable terms on the placement or require the director
7 of the community corrections program to impose reasonable terms on
8 the placement. A court shall require a person:
9 (1) who is described in IC 10-13-6-10(a);
10 (2) who has not previously provided a DNA sample in accordance
11 with IC 10-13-6; and
12 (3) whose sentence does not involve a commitment to the
13 department of correction;
14 to provide a DNA sample as a term of placement.
15 (b) Placement in a community corrections program under this
16 chapter is subject to the availability of residential beds or home
17 detention electronic monitoring units in a community corrections
18 program.
19 (c) A person placed under this chapter is responsible for the person's
20 own medical care while in the placement program.
21 (d) Placement under this chapter is subject to the community
22 corrections program receiving a The community corrections
23 program shall have access to and use an offender's written
24 presentence report or memorandum from a county probation agency,
25 if applicable, when determining the offender's eligibility for
26 placement.
27 SECTION 4. IC 35-38-2.6-4.2, AS ADDED BY P.L.105-2010,
28 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2022]: Sec. 4.2. (a) A community corrections program shall
30 establish written criteria and procedures for determining if an offender
31 or alleged offender is eligible for direct placement supervision under
32 this chapter.
33 (b) The criteria and procedures established under subsection (a)
34 must establish a record keeping system that allows the department or
35 community corrections program to quickly determine if an offender or
36 alleged offender is in violation of the terms of a direct placement order
37 issued under this chapter.
38 (c) A community corrections program charged by a court with
39 supervision of offenders and alleged offenders ordered to be placed
40 directly in a community corrections program under this chapter shall
41 provide all law enforcement agencies, including any contract agency
42 (as defined in IC 35-38-2.5-2.5), having jurisdiction in the place where
HB 1004—LS 6811/DI 131 3
1 a community corrections program is located with a list of offenders and
2 alleged offenders under direct placement supervision. The list must
3 include the following information about each offender: and alleged
4 offender:
5 (1) The offender's name, any known aliases, and the location of
6 the offender's direct placement under this chapter.
7 (2) The crime for which the offender was convicted.
8 (3) The date the offender's direct placement expires.
9 (4) The name, address, and telephone number of the offender's
10 supervising community corrections program officer for direct
11 placement under this chapter.
12 (5) An indication of whether the offender is a violent offender.
13 (d) Except as provided in IC 35-38-2.5-6(1), a community
14 corrections program charged by a court with supervision of offenders
15 and alleged offenders ordered to undergo direct placement under this
16 chapter shall, at the beginning of a period of the direct placement, set
17 any monitoring device (as defined in IC 35-38-2.5-3) and surveillance
18 equipment to minimize the possibility that the offender or alleged
19 offender may enter another residence or structure without the detection
20 of a violation.
21 (e) A community corrections program charged by a court with
22 supervision of offenders and alleged offenders ordered to undergo
23 direct placement under this chapter shall:
24 (1) maintain or contract with a contract agency to maintain
25 constant supervision of each offender and alleged offender as
26 described in subsection (f); and
27 (2) have adequate staff available twenty-four (24) hours each day
28 to respond if an offender or alleged offender violates the
29 conditions of the direct placement order under this chapter.
30 A community corrections program may contract with a contract agency
31 under this subsection only if the contract agency is able to comply with
32 subsection (f).
33 (f) A contract agency:
34 (1) that maintains supervision of an offender or alleged offender
35 under subsection (e)(1) shall follow the rules set by the local
36 community corrections advisory board as a part of community
37 corrections program direct placement written criteria and
38 procedures; and
39 (2) shall notify the contracting community corrections program
40 within one (1) hour if the offender or alleged offender violates the
41 conditions of the direct placement order. However, if a shorter
42 notification time is required by the community corrections
HB 1004—LS 6811/DI 131 4
1 program, a community corrections advisory board must require a
2 contract agency to comply with the shorter notification
3 requirement for a direct placement order violation as if the
4 offender were serving a direct placement order as part of a
5 community corrections program.
6 (g) A community corrections program or contract agency charged
7 by a court with supervision of an offender or alleged offender placed
8 under direct placement under this chapter shall cause a local law
9 enforcement agency or contract agency described in this section to be
10 the initial agency contacted upon determining that the offender is in
11 violation of a direct placement order.
12 SECTION 5. IC 35-38-2.6-4.5, AS AMENDED BY P.L.105-2010,
13 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2022]: Sec. 4.5. If a court places a person on home detention
15 any level of supervision as part of a community corrections program
16 under this chapter, the placement must comply with all applicable
17 provisions in IC 11-12 and IC 35-38-2.5.
18 SECTION 6. IC 35-38-2.6-6, AS AMENDED BY P.L.26-2019,
19 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2022]: Sec. 6. (a) As used in this section, "home" means the
21 actual living area of the temporary or permanent residence of a person.
22 (b) A person confined on home detention in a community
23 corrections program receives one (1) day of accrued time for each day
24 the person is confined on home detention, plus any earned good time
25 credit.
26 (c) In addition to accrued time under subsection (b), a person who
27 is placed in on a level of supervision as part of a community
28 corrections program under this chapter is entitled to earn good time
29 credit under IC 35-50-6-3 and IC 35-50-6-3.1. A person confined on
30 home detention placed on a level of supervision as part of a
31 community corrections program may not earn educational credit under
32 IC 35-50-6-3.3.
33 (d) The department of correction shall adopt rules under IC 4-22-2,
34 and may adopt emergency rules under IC 4-22-2-37.1, concerning the
35 deprivation of earned good time credit for a person who is placed in on
36 a level of supervision as part of a community corrections program
37 under this chapter.
38 (e) A person who is placed in on a level of supervision as part of
39 a community corrections program under this chapter may be deprived
40 of earned good time credit as provided under rules adopted by the
41 department of correction under IC 4-22-2, including IC 4-22-2-37.1.
42 SECTION 7. IC 35-38-2.6-7 IS AMENDED TO READ AS
HB 1004—LS 6811/DI 131 5
1 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 7. When a person
2 completes a placement program under this chapter, the court shall may
3 place the person on probation.
4 SECTION 8. IC 35-38-3-3, AS AMENDED BY P.L.156-2020,
5 SECTION 129, IS AMENDED TO READ AS FOLLOWS
6 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) Except as provided by
7 subsection (b), a person convicted of a misdemeanor may not be
8 committed to the department of correction.
9 (b) Upon a request from the sheriff, the commissioner may agree to
10 accept custody of a misdemeanant:
11 (1) if placement in the county jail:
12 (A) places the inmate in danger of serious bodily injury or
13 death; or
14 (B) represents a substantial threat to the safety of others;
15 (2) for other good cause shown; or
16 (3) if a person has more than five hundred forty-seven (547) days
17 remaining before the person's earliest release date as a result of:
18 (A) consecutive misdemeanor sentences; or
19 (B) a sentencing enhancement applied to a misdemeanor
20 sentence.
21 (c) After June 30, 2014, and before January 1, 2016, a court may not
22 commit a person convicted of a Level 6 felony to the department of
23 correction if the person's earliest possible release date is less than
24 ninety-one (91) days from the date of sentencing, unless the
25 commitment is due to the person violating a condition of probation,
26 parole, or community corrections by committing a new criminal
27 offense.
28 (d) (c) A court may not commit a person convicted of a Level 6
29 felony to the department of correction. unless:
30 (1) the commitment is due to the revocation of the person's
31 sentence for violating probation, parole, or community corrections
32 and the revocation of the person's sentence is due to a new
33 criminal offense;
34 (2) the person is convicted of a Level 6 felony that was committed
35 in a penal facility; or
36 (3) the person:
37 (A) is convicted of a Level 6 felony and the sentence for that
38 felony is ordered to be served consecutively to the sentence for
39 another felony;
40 (B) is convicted of a Level 6 felony that is enhanced by an
41 additional fixed term under IC 35-50-2-8 through
42 IC 35-50-2-16;
HB 1004—LS 6811/DI 131 6
1 (C) has received an enhanced sentence under IC 9-30-15.5-2;
2 (D) is a violent offender as defined in IC 35-31.5-2-352(1); or
3 (E) has two (2) prior unrelated felony convictions;
4 and the person's earliest possible release date is more than three
5 hundred sixty-five (365) days after the date of sentencing; or
6 (4) the commitment is due to an agreement made between the
7 sheriff and the department of correction under IC 11-12-6.5.
8 A person who may not be committed to the department of correction
9 may be placed on probation, committed to the county jail, or placed in
10 community corrections for assignment to an appropriate community
11 corrections program.
12 (e) (d) Subject to appropriation from the general assembly, a sheriff
13 is entitled to a per diem and medical expense reimbursement from the
14 department of correction for the cost of incarcerating a person
15 described in subsections subsection (c) and (d) in a county jail. The
16 sheriff is entitled to a per diem and medical expense reimbursement
17 only for the time that the person described in subsections subsection
18 (c) and (d) is incarcerated in the county jail.
19 (f) (e) Per diem and medical expense reimbursements received by
20 a county under this section or received by a county from the state under
21 any other law for the purpose of reimbursing sheriffs for the cost of
22 incarcerating in county jails persons convicted of felonies:
23 (1) shall be deposited in the county general fund; and
24 (2) upon appropriation by the county fiscal body, shall be used by
25 the county sheriff only for the purposes of paying the costs of
26 incarcerating in the county jail persons described in subsections
27 subsection (c) and (d) or other persons convicted of felonies.
28 (g) (f) The county auditor shall semiannually provide to the county
29 fiscal body and the county sheriff an itemized record of the per diem
30 and medical expense reimbursements received by the county under this
31 section or under any other law for the purpose of reimbursing sheriffs
32 for the cost of incarcerating persons convicted of felonies.
HB 1004—LS 6811/DI 131 7
COMMITTEE REPORT
Mr. Speaker: Your Committee on Courts and Criminal Code, to
which was referred House Bill 1004, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 1, delete lines 7 through 12.
Page 2, line 8, after "suspend" insert "any portion of".
Page 2, line 10, delete "." and insert "for the part of the sentence
which must be executed under IC 35-50-2-2.1 or IC 35-50-2-2.2.".
Page 2, delete lines 31 through 37.
Page 4, delete lines 29 through 42.
Page 5, delete lines 1 through 13, begin a new paragraph and insert:
"SECTION 7. IC 35-38-2.6-6, AS AMENDED BY P.L.26-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 6. (a) As used in this section, "home" means the
actual living area of the temporary or permanent residence of a person.
(b) A person confined on home detention in a community
corrections program receives one (1) day of accrued time for each day
the person is confined on home detention, plus any earned good time
credit.
(c) In addition to accrued time under subsection (b), a person who
is placed in on a level of supervision as part of a community
corrections program under this chapter is entitled to earn good time
credit under IC 35-50-6-3 and IC 35-50-6-3.1. A person confined on
home detention placed on a level of supervision as part of a
community corrections program may not earn educational credit under
IC 35-50-6-3.3.
(d) The department of correction shall adopt rules under IC 4-22-2,
and may adopt emergency rules under IC 4-22-2-37.1, concerning the
deprivation of earned good time credit for a person who is placed in on
a level of supervision as part of a community corrections program
under this chapter.
(e) A person who is placed in on a level of supervision as part of
a community corrections program under this chapter may be deprived
of earned good time credit as provided under rules adopted by the
department of correction under IC 4-22-2, including IC 4-22-2-37.1.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
HB 1004—LS 6811/DI 131 8
(Reference is to HB 1004 as introduced.)
MCNAMARA
Committee Vote: yeas 12, nays 0.
HB 1004—LS 6811/DI 131