*EH1004.1*
February 11, 2022
ENGROSSED
HOUSE BILL No. 1004
_____
DIGEST OF HB 1004 (Updated February 8, 2022 1:09 pm - DI 106)
Citations Affected: IC 11-13; IC 35-38; IC 35-44.1; IC 35-50.
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
(Continued next page)
Effective: July 1, 2022.
Frye R, McNamara, Steuerwald,
Pressel, Cherry, Lehman, May,
Negele, Heaton, Teshka, Speedy,
Schaibley, Clere, Ziemke, Gutwein,
Abbott, Miller D, O'Brien, Leonard,
Cook, Karickhoff, Young J, Rowray,
Manning, Lindauer, Snow, Goodrich,
Mayfield, Judy, Bartels, VanNatter,
Heine, Saunders, Gore
(SENATE SPONSORS — KOCH, FREEMA N)
January 4, 2022, read first time and referred to Committee on Courts and Criminal Code.
January 6, 2022, amended, reported — Do Pass.
January 10, 2022, read second time, ordered engrossed.
January 11, 2022, engrossed. Read third time, passed. Yeas 90, nays 3.
SENATE ACTION
February 1, 2022, read first time and referred to Committee on Corrections and Criminal
Law.
February 10, 2022, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
EH 1004—LS 6811/DI 131 Digest Continued
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 for an offense committed after June 30,
2022, to the department of correction (department), and that, consistent
with current law, a court may commit a person convicted of a Level 6
felony for an offense committed before July 1, 2022, to the department
only if certain circumstances exist. Establishes certain conditions of
parole for a person on lifetime parole and makes the violation of parole
conditions and commission of specified other acts by a person on
lifetime parole a Level 6 felony, with an enhancement to a Level 5
felony for a second or subsequent offense. Provides that, for purposes
of calculating accrued time and good time credit, a calendar day
includes a partial calendar day. Makes conforming changes.
EH 1004—LS 6811/DI 131EH 1004—LS 6811/DI 131 February 11, 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.
ENGROSSED
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 11-13-3-4, AS AMENDED BY P.L.37-2019,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 4. (a) A condition to remaining on parole is that
4 the parolee not commit a crime during the period of parole.
5 (b) The parole board may also adopt, under IC 4-22-2, additional
6 conditions to remaining on parole and require a parolee to satisfy one
7 (1) or more of these conditions. These conditions must be reasonably
8 related to the parolee's successful reintegration into the community and
9 not unduly restrictive of a fundamental right.
10 (c) If a person is released on parole, the parolee shall be given a
11 written statement of the conditions of parole. Signed copies of this
12 statement shall be:
13 (1) retained by the parolee;
14 (2) forwarded to any person charged with the parolee's
15 supervision; and
16 (3) placed in the parolee's master file.
17 (d) The parole board may modify parole conditions if the parolee
EH 1004—LS 6811/DI 131 2
1 receives notice of that action and had ten (10) days after receipt of the
2 notice to express the parolee's views on the proposed modification.
3 This subsection does not apply to modification of parole conditions
4 after a revocation proceeding under section 10 of this chapter.
5 (e) As a condition of parole, the parole board may require the
6 parolee to reside in a particular parole area. In determining a parolee's
7 residence requirement, the parole board shall:
8 (1) consider:
9 (A) the residence of the parolee prior to the parolee's
10 incarceration; and
11 (B) the parolee's place of employment; and
12 (2) assign the parolee to reside in the county where the parolee
13 resided prior to the parolee's incarceration unless assignment on
14 this basis would be detrimental to the parolee's successful
15 reintegration into the community.
16 (f) As a condition of parole, the parole board may require the
17 parolee to:
18 (1) periodically undergo a laboratory chemical test (as defined in
19 IC 9-13-2-22) or series of tests to detect and confirm the presence
20 of a controlled substance (as defined in IC 35-48-1-9); and
21 (2) have the results of any test under this subsection reported to
22 the parole board by the laboratory.
23 The parolee is responsible for any charges resulting from a test
24 required under this subsection. However, a person's parole may not be
25 revoked on the basis of the person's inability to pay for a test under this
26 subsection.
27 (g) As a condition of parole, the parole board:
28 (1) may require a parolee who is a sex offender (as defined in
29 IC 11-8-8-4.5) to:
30 (A) participate in a treatment program for sex offenders
31 approved by the parole board; and
32 (B) avoid contact with any person who is less than sixteen (16)
33 years of age unless the parolee:
34 (i) receives the parole board's approval; or
35 (ii) successfully completes the treatment program referred to
36 in clause (A); and
37 (2) shall:
38 (A) require a parolee who is a sex or violent offender (as
39 defined in IC 11-8-8-5) to register with a local law
40 enforcement authority under IC 11-8-8;
41 (B) prohibit a parolee who is a sex offender from residing
42 within one thousand (1,000) feet of school property (as defined
EH 1004—LS 6811/DI 131 3
1 in IC 35-31.5-2-285) for the period of parole, unless the sex
2 offender obtains written approval from the parole board;
3 (C) prohibit a parolee who is a sex offender convicted of a sex
4 offense (as defined in IC 35-38-2-2.5) from residing within
5 one (1) mile of the victim of the sex offender's sex offense
6 unless the sex offender obtains a waiver under IC 35-38-2-2.5;
7 (D) prohibit a parolee who is a sex offender from owning,
8 operating, managing, being employed by, or volunteering at
9 any attraction designed to be primarily enjoyed by children
10 less than sixteen (16) years of age;
11 (E) require a parolee who is a sex offender to consent:
12 (i) to the search of the sex offender's personal computer at
13 any time; and
14 (ii) to the installation on the sex offender's personal
15 computer or device with Internet capability, at the sex
16 offender's expense, of one (1) or more hardware or software
17 systems to monitor Internet usage; and
18 (F) prohibit the sex offender from:
19 (i) accessing or using certain web sites, chat rooms, or
20 instant messaging programs frequented by children; and
21 (ii) deleting, erasing, or tampering with information on the
22 sex offender's personal computer with intent to conceal an
23 activity prohibited by item (i).
24 The parole board may not grant a sexually violent predator (as defined
25 in IC 35-38-1-7.5) or a sex offender who is an offender against children
26 under IC 35-42-4-11 a waiver under subdivision (2)(B) or (2)(C). If the
27 parole board allows the sex offender to reside within one thousand
28 (1,000) feet of school property under subdivision (2)(B), the parole
29 board shall notify each school within one thousand (1,000) feet of the
30 sex offender's residence of the order.
31 (h) The address of the victim of a parolee who is a sex offender
32 convicted of a sex offense (as defined in IC 35-38-2-2.5) is
33 confidential, even if the sex offender obtains a waiver under
34 IC 35-38-2-2.5.
35 (i) As a condition of parole, the parole board may require a parolee
36 to participate in a reentry court program.
37 (j) This subsection does not apply to a person on lifetime parole.
38 As a condition of parole, the parole board shall require a parolee who
39 is a sexually violent predator under IC 35-38-1-7.5 or who is a sex or
40 violent offender (as defined in IC 11-8-8-5) to wear a monitoring
41 device (as described in IC 35-38-2.5-3) that can transmit information
42 twenty-four (24) hours each day regarding a person's precise location,
EH 1004—LS 6811/DI 131 4
1 subject to a validated sex offender risk assessment, and subject to the
2 amount appropriated to the department for a monitoring program as a
3 condition of parole.
4 (k) As a condition of parole, the parole board may prohibit, in
5 accordance with IC 35-38-2-2.6, a parolee who has been convicted of
6 stalking from residing within one thousand (1,000) feet of the residence
7 of the victim of the stalking for a period that does not exceed five (5)
8 years.
9 (l) As a condition of parole, the parole board may prohibit a parolee
10 convicted of an offense under IC 35-46-3 from owning, harboring, or
11 training an animal, and, if the parole board prohibits a parolee
12 convicted of an offense under IC 35-46-3 from having direct or indirect
13 contact with an individual, the parole board may also prohibit the
14 parolee from having direct or indirect contact with any animal
15 belonging to the individual.
16 (m) As a condition of parole, the parole board may require a parolee
17 to receive:
18 (1) addiction counseling;
19 (2) inpatient detoxification;
20 (3) case management;
21 (4) daily living skills; and
22 (5) medication assisted treatment, including a federal Food and
23 Drug Administration approved long acting, nonaddictive
24 medication for the treatment of opioid or alcohol dependence.
25 (n) A parolee may be responsible for the reasonable expenses, as
26 determined by the department, of the parolee's participation in a
27 treatment or other program required as a condition of parole under this
28 section. However, a person's parole may not be revoked solely on the
29 basis of the person's inability to pay for a program required as a
30 condition of parole under this section.
31 (o) When an offender is placed on lifetime parole, the parole board
32 shall inform the sheriff and the prosecuting attorney of the county in
33 which the offender committed the offense:
34 (1) that the offender has been placed on lifetime parole; and
35 (2) whether the offender is required to wear a monitoring device
36 as described in subsection (j).
37 (p) (o) As a condition of parole, the parole board shall prohibit a
38 person convicted of an animal abuse offense (as defined in
39 IC 35-38-2-2.8) from owning, harboring, or training a companion
40 animal (as defined in IC 35-38-2-2.8).
41 SECTION 2. IC 11-13-3-11 IS ADDED TO THE INDIANA CODE
42 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
EH 1004—LS 6811/DI 131 5
1 1, 2022]: Sec. 11. (a) As used in this section, "Internet crime against
2 a child" means a conviction for a violation of:
3 (1) IC 35-42-4-4(b) or IC 35-42-4-4(c) (child exploitation);
4 (2) IC 35-42-4-4(d) or IC 35-42-4-4(e) (possession of child
5 pornography); or
6 (3) IC 35-42-4-6 (child solicitation).
7 (b) When a person is placed on lifetime parole, the department
8 shall provide the parolee with a written statement of the conditions
9 of lifetime parole. The parolee shall sign the statement, retain a
10 copy, and provide a copy to the department. The department shall
11 place the signed statement in the parolee's master file.
12 (c) As a condition of lifetime parole, the parole board shall:
13 (1) require a parolee who is a sexually violent predator (as
14 defined in IC 35-38-1-7.5) to:
15 (A) inform the parolee's parole agent of any changes to the
16 parolee's residence, employment, or contact information
17 not later than seventy-two (72) hours after the change;
18 (B) report to the parole agent as instructed;
19 (C) avoid contact with any person who is less than sixteen
20 (16) years of age, unless the parolee receives written
21 authorization from the parole board; and
22 (D) avoid contact with the victim of any sex crime
23 committed by that parolee, unless the parolee receives
24 written authorization from the parole board;
25 (2) prohibit a parolee who is a sexually violent predator
26 convicted of an Internet crime against a child from:
27 (A) accessing or using certain Internet web sites, chat
28 rooms, or instant messaging programs frequented by
29 children; and
30 (B) deleting, erasing, or tampering with data on the
31 parolee's personal computer;
32 (3) prohibit a parolee who is a sexually violent predator from
33 owning, operating, managing, being employed by, or
34 volunteering at an attraction designed to be primarily enjoyed
35 by a child less than sixteen (16) years of age; and
36 (4) require a parolee to allow the parolee's supervising parole
37 agent or another person authorized by the parole board to
38 visit the parolee's residence, real property, or place of
39 employment.
40 (d) As a condition of lifetime parole, the parole board may
41 require a sexually violent predator to participate in a sex offender
42 treatment program approved by the parole board.
EH 1004—LS 6811/DI 131 6
1 (e) As a condition of lifetime parole, the parole board may
2 require a parolee who is:
3 (1) a sexually violent predator; or
4 (2) required to register as a sex or violent offender under
5 IC 11-8-8-5 due to a conviction for murder (IC 35-42-1-1) or
6 voluntary manslaughter (IC 35-42-1-3);
7 to wear a monitoring device (as described in IC 35-38-2.5-3) that
8 can transmit information twenty-four (24) hours each day
9 regarding a person's precise location, subject to a validated sex
10 offender risk assessment or appropriate violent offender risk
11 assessment, and subject to the amount appropriated to the
12 department for a monitoring program as a condition of lifetime
13 parole.
14 (f) When an offender is placed on lifetime parole, the parole
15 board shall inform the sheriff and the prosecuting attorney of the
16 offender's current county of residence:
17 (1) that the offender has been placed on lifetime parole; and
18 (2) whether the offender is required to wear a monitoring
19 device as described in subsection (e).
20 (g) The parole board may adopt rules under IC 4-22-2 to impose
21 additional conditions of lifetime parole and to implement this
22 section.
23 SECTION 3. IC 35-38-2.6-2 IS AMENDED TO READ AS
24 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. As used in this
25 chapter, "community corrections program" means a program consisting
26 of residential centers and work release or electronic monitoring day
27 treatment, or day reporting that is:
28 (1) operated under a community corrections plan of a county and
29 funded at least in part by the state subsidy provided under
30 IC 11-12-2; or
31 (2) operated by or under contract with a court or county.
32 SECTION 4. IC 35-38-2.6-3, AS AMENDED BY P.L.111-2017,
33 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2022]: Sec. 3. (a) The court may, at the time of sentencing,
35 suspend any portion of the sentence and order a person to be placed
36 in a community corrections program as an alternative to commitment
37 to the department of correction for the part of the sentence which
38 must be executed under IC 35-50-2-2.1 or IC 35-50-2-2.2. The court
39 may impose reasonable terms on the placement or require the director
40 of the community corrections program to impose reasonable terms on
41 the placement. A court shall require a person:
42 (1) who is described in IC 10-13-6-10(a);
EH 1004—LS 6811/DI 131 7
1 (2) who has not previously provided a DNA sample in accordance
2 with IC 10-13-6; and
3 (3) whose sentence does not involve a commitment to the
4 department of correction;
5 to provide a DNA sample as a term of placement.
6 (b) Placement in a community corrections program under this
7 chapter is subject to the availability of residential beds or home
8 detention electronic monitoring units in a community corrections
9 program. However, this subsection does not prohibit placement on
10 home detention without electronic monitoring.
11 (c) A person placed under this chapter is responsible for the person's
12 own medical care while in the placement program.
13 (d) Placement under this chapter is subject to the community
14 corrections program receiving a The community corrections
15 program shall have access to and use an offender's written
16 presentence report or memorandum from a county probation agency,
17 if applicable, when determining the offender's eligibility for
18 placement.
19 SECTION 5. IC 35-38-2.6-4.2, AS ADDED BY P.L.105-2010,
20 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2022]: Sec. 4.2. (a) A community corrections program shall
22 establish written criteria and procedures for determining if an offender
23 or alleged offender is eligible for direct placement supervision under
24 this chapter.
25 (b) The criteria and procedures established under subsection (a)
26 must establish a record keeping system that allows the department or
27 community corrections program to quickly determine if an offender or
28 alleged offender is in violation of the terms of a direct placement order
29 issued under this chapter.
30 (c) A community corrections program charged by a court with
31 supervision of offenders and alleged offenders ordered to be placed
32 directly in a community corrections program under this chapter shall
33 provide all law enforcement agencies, including any contract agency
34 (as defined in IC 35-38-2.5-2.5), having jurisdiction in the place where
35 a community corrections program is located with a list of offenders and
36 alleged offenders under direct placement supervision. The list must
37 include the following information about each offender: and alleged
38 offender:
39 (1) The offender's name, any known aliases, and the location of
40 the offender's direct placement under this chapter.
41 (2) The crime for which the offender was convicted.
42 (3) The date the offender's direct placement expires.
EH 1004—LS 6811/DI 131 8
1 (4) The name, address, and telephone number of the offender's
2 supervising community corrections program officer for direct
3 placement under this chapter.
4 (5) An indication of whether the offender is a violent offender.
5 (d) Except as provided in IC 35-38-2.5-6(1), a community
6 corrections program charged by a court with supervision of offenders
7 and alleged offenders ordered to undergo direct placement under this
8 chapter shall, at the beginning of a period of the direct placement, set
9 any monitoring device (as defined in IC 35-38-2.5-3) and surveillance
10 equipment to minimize the possibility that the offender or alleged
11 offender may enter another residence or structure without the detection
12 of a violation.
13 (e) A community corrections program charged by a court with
14 supervision of offenders and alleged offenders ordered to undergo
15 direct placement under this chapter shall:
16 (1) maintain or contract with a contract agency to maintain
17 constant supervision of each offender and alleged offender as
18 described in subsection (f); and
19 (2) have adequate staff available twenty-four (24) hours each day
20 to respond if an offender or alleged offender violates the
21 conditions of the direct placement order under this chapter.
22 A community corrections program may contract with a contract agency
23 under this subsection only if the contract agency is able to comply with
24 subsection (f).
25 (f) A contract agency:
26 (1) that maintains supervision of an offender or alleged offender
27 under subsection (e)(1) shall follow the rules set by the local
28 community corrections advisory board as a part of community
29 corrections program direct placement written criteria and
30 procedures; and
31 (2) shall notify the contracting community corrections program
32 within one (1) hour if the offender or alleged offender violates the
33 conditions of the direct placement order. However, if a shorter
34 notification time is required by the community corrections
35 program, a community corrections advisory board must require a
36 contract agency to comply with the shorter notification
37 requirement for a direct placement order violation as if the
38 offender were serving a direct placement order as part of a
39 community corrections program.
40 (g) A community corrections program or contract agency charged
41 by a court with supervision of an offender or alleged offender placed
42 under direct placement under this chapter shall cause a local law
EH 1004—LS 6811/DI 131 9
1 enforcement agency or contract agency described in this section to be
2 the initial agency contacted upon determining that the offender is in
3 violation of a direct placement order.
4 SECTION 6. IC 35-38-2.6-4.5, AS AMENDED BY P.L.105-2010,
5 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2022]: Sec. 4.5. If a court places a person on home detention
7 any level of supervision as part of a community corrections program
8 under this chapter, the placement must comply with all applicable
9 provisions in IC 11-12 and IC 35-38-2.5.
10 SECTION 7. IC 35-38-2.6-6, AS AMENDED BY P.L.26-2019,
11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2022]: Sec. 6. (a) As used in this section, "home" means the
13 actual living area of the temporary or permanent residence of a person.
14 (b) A person confined on home detention in a community
15 corrections program receives one (1) day of accrued time for each day
16 the person is confined on home detention, plus any earned good time
17 credit.
18 (c) In addition to accrued time under subsection (b), a person who
19 is placed in on a level of supervision as part of a community
20 corrections program under this chapter is entitled to earn good time
21 credit under IC 35-50-6-3 and IC 35-50-6-3.1. A person confined on
22 home detention placed on a level of supervision as part of a
23 community corrections program may not earn educational credit under
24 IC 35-50-6-3.3.
25 (d) The department of correction shall adopt rules under IC 4-22-2,
26 and may adopt emergency rules under IC 4-22-2-37.1, concerning the
27 deprivation of earned good time credit for a person who is placed in on
28 a level of supervision as part of a community corrections program
29 under this chapter.
30 (e) A person who is placed in on a level of supervision as part of
31 a community corrections program under this chapter may be deprived
32 of earned good time credit as provided under rules adopted by the
33 department of correction under IC 4-22-2, including IC 4-22-2-37.1.
34 SECTION 8. IC 35-38-2.6-7 IS AMENDED TO READ AS
35 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 7. When a person
36 completes a placement program under this chapter, the court shall may
37 place the person on probation.
38 SECTION 9. IC 35-38-3-3, AS AMENDED BY P.L.156-2020,
39 SECTION 129, IS AMENDED TO READ AS FOLLOWS
40 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) Except as provided by
41 subsection (b), a person convicted of a misdemeanor may not be
42 committed to the department of correction.
EH 1004—LS 6811/DI 131 10
1 (b) Upon a request from the sheriff, the commissioner may agree to
2 accept custody of a misdemeanant:
3 (1) if placement in the county jail:
4 (A) places the inmate in danger of serious bodily injury or
5 death; or
6 (B) represents a substantial threat to the safety of others;
7 (2) for other good cause shown; or
8 (3) if a person has more than five hundred forty-seven (547) days
9 remaining before the person's earliest release date as a result of:
10 (A) consecutive misdemeanor sentences; or
11 (B) a sentencing enhancement applied to a misdemeanor
12 sentence.
13 (c) After June 30, 2014, and before January 1, 2016, a court may not
14 commit a person convicted of a Level 6 felony to the department of
15 correction if the person's earliest possible release date is less than
16 ninety-one (91) days from the date of sentencing, unless the
17 commitment is due to the person violating a condition of probation,
18 parole, or community corrections by committing a new criminal
19 offense. This subsection applies only to a person convicted of a
20 Level 6 felony for an offense committed after June 30, 2022. A
21 court may commit a person convicted of a Level 6 felony for an
22 offense committed after June 30, 2022, to the department of
23 correction.
24 (d) This subsection applies only to a person convicted of a Level
25 6 felony for an offense committed before July 1, 2022. A court may
26 not commit a person convicted of a Level 6 felony for an offense
27 committed before July 1, 2022, to the department of correction
28 unless:
29 (1) the commitment is due to the revocation of the person's
30 sentence for violating probation, parole, or community corrections
31 and the revocation of the person's sentence is due to a new
32 criminal offense;
33 (2) the person is convicted of a Level 6 felony that was committed
34 in a penal facility; or
35 (3) the person:
36 (A) is convicted of a Level 6 felony and the sentence for that
37 felony is ordered to be served consecutively to the sentence for
38 another felony;
39 (B) is convicted of a Level 6 felony that is enhanced by an
40 additional fixed term under IC 35-50-2-8 through
41 IC 35-50-2-16;
42 (C) has received an enhanced sentence under IC 9-30-15.5-2;
EH 1004—LS 6811/DI 131 11
1 (D) is a violent offender as defined in IC 35-31.5-2-352(1); or
2 (E) has two (2) prior unrelated felony convictions;
3 and the person's earliest possible release date is more than three
4 hundred sixty-five (365) days after the date of sentencing; or
5 (4) the commitment is due to an agreement made between the
6 sheriff and the department of correction under IC 11-12-6.5.
7 A person who may not be committed to the department of correction
8 may be placed on probation, committed to the county jail, or placed in
9 community corrections for assignment to an appropriate community
10 corrections program.
11 (e) Subject to appropriation from the general assembly, a sheriff is
12 entitled to a per diem and medical expense reimbursement from the
13 department of correction for the cost of incarcerating a person
14 described in subsections (c) and (d) in a county jail. The sheriff is
15 entitled to a per diem and medical expense reimbursement only for the
16 time that the person described in subsections (c) and (d) is incarcerated
17 in the county jail.
18 (f) Per diem and medical expense reimbursements received by a
19 county under this section or received by a county from the state under
20 any other law for the purpose of reimbursing sheriffs for the cost of
21 incarcerating in county jails persons convicted of felonies:
22 (1) shall be deposited in the county general fund; and
23 (2) upon appropriation by the county fiscal body, shall be used by
24 the county sheriff only for the purposes of paying the costs of
25 incarcerating in the county jail persons described in subsections
26 (c) and (d) or other persons convicted of felonies.
27 (g) The county auditor shall semiannually provide to the county
28 fiscal body and the county sheriff an itemized record of the per diem
29 and medical expense reimbursements received by the county under this
30 section or under any other law for the purpose of reimbursing sheriffs
31 for the cost of incarcerating persons convicted of felonies.
32 SECTION 10. IC 35-44.1-3-9, AS AMENDED BY P.L.95-2017,
33 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2022]: Sec. 9. (a) A person who is being supervised on
35 lifetime parole (as described in IC 35-50-6-1) and who knowingly or
36 intentionally violates a condition of lifetime parole that involves direct
37 or indirect contact with a child less than sixteen (16) years of age or
38 with the victim of a crime that was committed by the person commits
39 criminal parole violation by a sexual predator, a Level 6 felony. A
40 person who is being supervised on lifetime parole (as described in
41 IC 35-50-6-1) and who knowingly or intentionally:
42 (1) violates a condition (including a special condition imposed
EH 1004—LS 6811/DI 131 12
1 by the parole board) of lifetime parole; or
2 (2) without the authorization of the parole board, has direct
3 or indirect contact with:
4 (A) a child less than sixteen (16) years of age; or
5 (B) the victim of a sex offense committed by the person;
6 commits criminal violation of a lifetime parole condition, a Level
7 6 felony. However, (b) the offense described in subsection (a) is a
8 Level 5 felony if the person has a prior unrelated conviction under this
9 section.
10 SECTION 11. IC 35-50-6-0.5, AS AMENDED BY P.L.106-2020,
11 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2022]: Sec. 0.5. The following definitions apply throughout
13 this chapter:
14 (1) "Accrued time" means the amount of time that a person is
15 imprisoned or confined. In determining the number of days a
16 person has been imprisoned or confined, a partial calendar
17 day is considered to be one (1) calendar day.
18 (2) "Calendar day" means the period of elapsed time that
19 begins at midnight and ends twenty-four (24) hours later at
20 the next midnight.
21 (2) (3) "Credit time" means the sum of a person's accrued time,
22 good time credit, and educational credit.
23 (3) (4) "Educational credit" means a reduction in a person's term
24 of imprisonment or confinement awarded for participation in an
25 educational, vocational, rehabilitative, or other program. The term
26 includes an individualized case management plan.
27 (4) (5) "Good time credit" means a reduction in a person's term of
28 imprisonment or confinement awarded for the person's good
29 behavior while imprisoned or confined.
30 (5) (6) "Individualized case management plan" means educational
31 credit which consists of a plan designed to address an
32 incarcerated person's risk of recidivism, and may include:
33 (A) addiction recovery treatment;
34 (B) mental health treatment;
35 (C) vocational education programming;
36 (D) adult basic education, a high school or high school
37 equivalency diploma, a college diploma, and any other
38 academic educational goal; or
39 (E) any other programming or activity that encourages
40 productive pursuits while a person is incarcerated and that
41 may reduce the person's likelihood to recidivate after the
42 person's release from incarceration.
EH 1004—LS 6811/DI 131 13
1 SECTION 12. IC 35-50-6-3, AS AMENDED BY P.L.74-2015,
2 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 3. (a) This section applies to a person who
4 commits an offense before July 1, 2014.
5 (b) A person assigned to Class I earns one (1) day of good time
6 credit for each calendar day or partial calendar day the person is
7 imprisoned for a crime or confined awaiting trial or sentencing.
8 (c) A person assigned to Class II earns one (1) day of good time
9 credit for every two (2) calendar days or partial calendar days the
10 person is imprisoned for a crime or confined awaiting trial or
11 sentencing.
12 (d) A person assigned to Class III earns no good time credit.
13 (e) A person assigned to Class IV earns one (1) day of good time
14 credit for every six (6) calendar days or partial calendar days the
15 person is imprisoned for a crime or confined awaiting trial or
16 sentencing.
17 SECTION 13. IC 35-50-6-3.1, AS AMENDED BY P.L.106-2020,
18 SECTION 3 AND P.L.142-2020, SECTION 87, IS AMENDED TO
19 READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3.1. (a) This
20 section applies to a person who commits an offense after June 30,
21 2014.
22 (b) A person assigned to Class A earns one (1) day of good time
23 credit for each calendar day or partial calendar day the person is
24 imprisoned for a crime or confined awaiting trial or sentencing.
25 (c) A person assigned to Class B earns one (1) day of good time
26 credit for every three (3) calendar days or partial calendar days the
27 person is imprisoned for a crime or confined awaiting trial or
28 sentencing.
29 (d) A person assigned to Class C earns one (1) day of good time
30 credit for every six (6) calendar days or partial calendar days the
31 person is imprisoned for a crime or confined awaiting trial or
32 sentencing.
33 (e) A person assigned to Class D earns no good time credit.
34 (f) A person assigned to Class P earns one (1) day of good time
35 credit for every four (4) calendar days or partial calendar days the
36 person serves on pretrial home detention awaiting trial. A person
37 assigned to Class P does not earn accrued time for time served on
38 pretrial home detention awaiting trial.
EH 1004—LS 6811/DI 131 14
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.
EH 1004—LS 6811/DI 131 15
(Reference is to HB 1004 as introduced.)
MCNAMARA
Committee Vote: yeas 12, nays 0.
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Corrections and
Criminal Law, to which was referred House Bill No. 1004, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 1, delete lines 1 through 6, begin a new paragraph and insert:
"SECTION 1. IC 11-13-3-4, AS AMENDED BY P.L.37-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 4. (a) A condition to remaining on parole is that
the parolee not commit a crime during the period of parole.
(b) The parole board may also adopt, under IC 4-22-2, additional
conditions to remaining on parole and require a parolee to satisfy one
(1) or more of these conditions. These conditions must be reasonably
related to the parolee's successful reintegration into the community and
not unduly restrictive of a fundamental right.
(c) If a person is released on parole, the parolee shall be given a
written statement of the conditions of parole. Signed copies of this
statement shall be:
(1) retained by the parolee;
(2) forwarded to any person charged with the parolee's
supervision; and
(3) placed in the parolee's master file.
(d) The parole board may modify parole conditions if the parolee
receives notice of that action and had ten (10) days after receipt of the
notice to express the parolee's views on the proposed modification.
This subsection does not apply to modification of parole conditions
after a revocation proceeding under section 10 of this chapter.
(e) As a condition of parole, the parole board may require the
parolee to reside in a particular parole area. In determining a parolee's
residence requirement, the parole board shall:
(1) consider:
(A) the residence of the parolee prior to the parolee's
incarceration; and
(B) the parolee's place of employment; and
EH 1004—LS 6811/DI 131 16
(2) assign the parolee to reside in the county where the parolee
resided prior to the parolee's incarceration unless assignment on
this basis would be detrimental to the parolee's successful
reintegration into the community.
(f) As a condition of parole, the parole board may require the
parolee to:
(1) periodically undergo a laboratory chemical test (as defined in
IC 9-13-2-22) or series of tests to detect and confirm the presence
of a controlled substance (as defined in IC 35-48-1-9); and
(2) have the results of any test under this subsection reported to
the parole board by the laboratory.
The parolee is responsible for any charges resulting from a test
required under this subsection. However, a person's parole may not be
revoked on the basis of the person's inability to pay for a test under this
subsection.
(g) As a condition of parole, the parole board:
(1) may require a parolee who is a sex offender (as defined in
IC 11-8-8-4.5) to:
(A) participate in a treatment program for sex offenders
approved by the parole board; and
(B) avoid contact with any person who is less than sixteen (16)
years of age unless the parolee:
(i) receives the parole board's approval; or
(ii) successfully completes the treatment program referred to
in clause (A); and
(2) shall:
(A) require a parolee who is a sex or violent offender (as
defined in IC 11-8-8-5) to register with a local law
enforcement authority under IC 11-8-8;
(B) prohibit a parolee who is a sex offender from residing
within one thousand (1,000) feet of school property (as defined
in IC 35-31.5-2-285) for the period of parole, unless the sex
offender obtains written approval from the parole board;
(C) prohibit a parolee who is a sex offender convicted of a sex
offense (as defined in IC 35-38-2-2.5) from residing within
one (1) mile of the victim of the sex offender's sex offense
unless the sex offender obtains a waiver under IC 35-38-2-2.5;
(D) prohibit a parolee who is a sex offender from owning,
operating, managing, being employed by, or volunteering at
any attraction designed to be primarily enjoyed by children
less than sixteen (16) years of age;
(E) require a parolee who is a sex offender to consent:
EH 1004—LS 6811/DI 131 17
(i) to the search of the sex offender's personal computer at
any time; and
(ii) to the installation on the sex offender's personal
computer or device with Internet capability, at the sex
offender's expense, of one (1) or more hardware or software
systems to monitor Internet usage; and
(F) prohibit the sex offender from:
(i) accessing or using certain web sites, chat rooms, or
instant messaging programs frequented by children; and
(ii) deleting, erasing, or tampering with information on the
sex offender's personal computer with intent to conceal an
activity prohibited by item (i).
The parole board may not grant a sexually violent predator (as defined
in IC 35-38-1-7.5) or a sex offender who is an offender against children
under IC 35-42-4-11 a waiver under subdivision (2)(B) or (2)(C). If the
parole board allows the sex offender to reside within one thousand
(1,000) feet of school property under subdivision (2)(B), the parole
board shall notify each school within one thousand (1,000) feet of the
sex offender's residence of the order.
(h) The address of the victim of a parolee who is a sex offender
convicted of a sex offense (as defined in IC 35-38-2-2.5) is
confidential, even if the sex offender obtains a waiver under
IC 35-38-2-2.5.
(i) As a condition of parole, the parole board may require a parolee
to participate in a reentry court program.
(j) This subsection does not apply to a person on lifetime parole.
As a condition of parole, the parole board shall require a parolee who
is a sexually violent predator under IC 35-38-1-7.5 or who is a sex or
violent offender (as defined in IC 11-8-8-5) to wear a monitoring
device (as described in IC 35-38-2.5-3) that can transmit information
twenty-four (24) hours each day regarding a person's precise location,
subject to a validated sex offender risk assessment, and subject to the
amount appropriated to the department for a monitoring program as a
condition of parole.
(k) As a condition of parole, the parole board may prohibit, in
accordance with IC 35-38-2-2.6, a parolee who has been convicted of
stalking from residing within one thousand (1,000) feet of the residence
of the victim of the stalking for a period that does not exceed five (5)
years.
(l) As a condition of parole, the parole board may prohibit a parolee
convicted of an offense under IC 35-46-3 from owning, harboring, or
training an animal, and, if the parole board prohibits a parolee
EH 1004—LS 6811/DI 131 18
convicted of an offense under IC 35-46-3 from having direct or indirect
contact with an individual, the parole board may also prohibit the
parolee from having direct or indirect contact with any animal
belonging to the individual.
(m) As a condition of parole, the parole board may require a parolee
to receive:
(1) addiction counseling;
(2) inpatient detoxification;
(3) case management;
(4) daily living skills; and
(5) medication assisted treatment, including a federal Food and
Drug Administration approved long acting, nonaddictive
medication for the treatment of opioid or alcohol dependence.
(n) A parolee may be responsible for the reasonable expenses, as
determined by the department, of the parolee's participation in a
treatment or other program required as a condition of parole under this
section. However, a person's parole may not be revoked solely on the
basis of the person's inability to pay for a program required as a
condition of parole under this section.
(o) When an offender is placed on lifetime parole, the parole board
shall inform the sheriff and the prosecuting attorney of the county in
which the offender committed the offense:
(1) that the offender has been placed on lifetime parole; and
(2) whether the offender is required to wear a monitoring device
as described in subsection (j).
(p) (o) As a condition of parole, the parole board shall prohibit a
person convicted of an animal abuse offense (as defined in
IC 35-38-2-2.8) from owning, harboring, or training a companion
animal (as defined in IC 35-38-2-2.8).
SECTION 2. IC 11-13-3-11 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2022]: Sec. 11. (a) As used in this section, "Internet crime against
a child" means a conviction for a violation of:
(1) IC 35-42-4-4(b) or IC 35-42-4-4(c) (child exploitation);
(2) IC 35-42-4-4(d) or IC 35-42-4-4(e) (possession of child
pornography); or
(3) IC 35-42-4-6 (child solicitation).
(b) When a person is placed on lifetime parole, the department
shall provide the parolee with a written statement of the conditions
of lifetime parole. The parolee shall sign the statement, retain a
copy, and provide a copy to the department. The department shall
place the signed statement in the parolee's master file.
EH 1004—LS 6811/DI 131 19
(c) As a condition of lifetime parole, the parole board shall:
(1) require a parolee who is a sexually violent predator (as
defined in IC 35-38-1-7.5) to:
(A) inform the parolee's parole agent of any changes to the
parolee's residence, employment, or contact information
not later than seventy-two (72) hours after the change;
(B) report to the parole agent as instructed;
(C) avoid contact with any person who is less than sixteen
(16) years of age, unless the parolee receives written
authorization from the parole board; and
(D) avoid contact with the victim of any sex crime
committed by that parolee, unless the parolee receives
written authorization from the parole board;
(2) prohibit a parolee who is a sexually violent predator
convicted of an Internet crime against a child from:
(A) accessing or using certain Internet web sites, chat
rooms, or instant messaging programs frequented by
children; and
(B) deleting, erasing, or tampering with data on the
parolee's personal computer;
(3) prohibit a parolee who is a sexually violent predator from
owning, operating, managing, being employed by, or
volunteering at an attraction designed to be primarily enjoyed
by a child less than sixteen (16) years of age; and
(4) require a parolee to allow the parolee's supervising parole
agent or another person authorized by the parole board to
visit the parolee's residence, real property, or place of
employment.
(d) As a condition of lifetime parole, the parole board may
require a sexually violent predator to participate in a sex offender
treatment program approved by the parole board.
(e) As a condition of lifetime parole, the parole board may
require a parolee who is:
(1) a sexually violent predator; or
(2) required to register as a sex or violent offender under
IC 11-8-8-5 due to a conviction for murder (IC 35-42-1-1) or
voluntary manslaughter (IC 35-42-1-3);
to wear a monitoring device (as described in IC 35-38-2.5-3) that
can transmit information twenty-four (24) hours each day
regarding a person's precise location, subject to a validated sex
offender risk assessment or appropriate violent offender risk
assessment, and subject to the amount appropriated to the
EH 1004—LS 6811/DI 131 20
department for a monitoring program as a condition of lifetime
parole.
(f) When an offender is placed on lifetime parole, the parole
board shall inform the sheriff and the prosecuting attorney of the
offender's current county of residence:
(1) that the offender has been placed on lifetime parole; and
(2) whether the offender is required to wear a monitoring
device as described in subsection (e).
(g) The parole board may adopt rules under IC 4-22-2 to impose
additional conditions of lifetime parole and to implement this
section.".
Page 1, line 9, after "a" reset in roman "program".
Page 1, line 9, delete "level of".
Page 1, line 10, delete "supervision".
Page 1, line 10, after "release" delete "," and insert "or".
Page 1, line 11, delete "monitoring," and insert "monitoring".
Page 1, line 11, strike "day treatment, or day reporting".
Page 2, line 18, after "program." insert "However, this subsection
does not prohibit placement on home detention without electronic
monitoring.".
Page 5, delete lines 4 through 42, begin a new paragraph and insert:
"SECTION 6. IC 35-38-3-3, AS AMENDED BY P.L.156-2020,
SECTION 129, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 3. (a) Except as provided by
subsection (b), a person convicted of a misdemeanor may not be
committed to the department of correction.
(b) Upon a request from the sheriff, the commissioner may agree to
accept custody of a misdemeanant:
(1) if placement in the county jail:
(A) places the inmate in danger of serious bodily injury or
death; or
(B) represents a substantial threat to the safety of others;
(2) for other good cause shown; or
(3) if a person has more than five hundred forty-seven (547) days
remaining before the person's earliest release date as a result of:
(A) consecutive misdemeanor sentences; or
(B) a sentencing enhancement applied to a misdemeanor
sentence.
(c) After June 30, 2014, and before January 1, 2016, a court may not
commit a person convicted of a Level 6 felony to the department of
correction if the person's earliest possible release date is less than
ninety-one (91) days from the date of sentencing, unless the
EH 1004—LS 6811/DI 131 21
commitment is due to the person violating a condition of probation,
parole, or community corrections by committing a new criminal
offense. This subsection applies only to a person convicted of a
Level 6 felony for an offense committed after June 30, 2022. A
court may commit a person convicted of a Level 6 felony for an
offense committed after June 30, 2022, to the department of
correction.
(d) This subsection applies only to a person convicted of a Level
6 felony for an offense committed before July 1, 2022. A court may
not commit a person convicted of a Level 6 felony for an offense
committed before July 1, 2022, to the department of correction
unless:
(1) the commitment is due to the revocation of the person's
sentence for violating probation, parole, or community corrections
and the revocation of the person's sentence is due to a new
criminal offense;
(2) the person is convicted of a Level 6 felony that was committed
in a penal facility; or
(3) the person:
(A) is convicted of a Level 6 felony and the sentence for that
felony is ordered to be served consecutively to the sentence for
another felony;
(B) is convicted of a Level 6 felony that is enhanced by an
additional fixed term under IC 35-50-2-8 through
IC 35-50-2-16;
(C) has received an enhanced sentence under IC 9-30-15.5-2;
(D) is a violent offender as defined in IC 35-31.5-2-352(1); or
(E) has two (2) prior unrelated felony convictions;
and the person's earliest possible release date is more than three
hundred sixty-five (365) days after the date of sentencing; or
(4) the commitment is due to an agreement made between the
sheriff and the department of correction under IC 11-12-6.5.
A person who may not be committed to the department of correction
may be placed on probation, committed to the county jail, or placed in
community corrections for assignment to an appropriate community
corrections program.
(e) Subject to appropriation from the general assembly, a sheriff is
entitled to a per diem and medical expense reimbursement from the
department of correction for the cost of incarcerating a person
described in subsections (c) and (d) in a county jail. The sheriff is
entitled to a per diem and medical expense reimbursement only for the
time that the person described in subsections (c) and (d) is incarcerated
EH 1004—LS 6811/DI 131 22
in the county jail.
(f) Per diem and medical expense reimbursements received by a
county under this section or received by a county from the state under
any other law for the purpose of reimbursing sheriffs for the cost of
incarcerating in county jails persons convicted of felonies:
(1) shall be deposited in the county general fund; and
(2) upon appropriation by the county fiscal body, shall be used by
the county sheriff only for the purposes of paying the costs of
incarcerating in the county jail persons described in subsections
(c) and (d) or other persons convicted of felonies.
(g) The county auditor shall semiannually provide to the county
fiscal body and the county sheriff an itemized record of the per diem
and medical expense reimbursements received by the county under this
section or under any other law for the purpose of reimbursing sheriffs
for the cost of incarcerating persons convicted of felonies.
SECTION 7. IC 35-44.1-3-9, AS AMENDED BY P.L.95-2017,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 9. (a) A person who is being supervised on
lifetime parole (as described in IC 35-50-6-1) and who knowingly or
intentionally violates a condition of lifetime parole that involves direct
or indirect contact with a child less than sixteen (16) years of age or
with the victim of a crime that was committed by the person commits
criminal parole violation by a sexual predator, a Level 6 felony. A
person who is being supervised on lifetime parole (as described in
IC 35-50-6-1) and who knowingly or intentionally:
(1) violates a condition (including a special condition imposed
by the parole board) of lifetime parole; or
(2) without the authorization of the parole board, has direct
or indirect contact with:
(A) a child less than sixteen (16) years of age; or
(B) the victim of a sex offense committed by the person;
commits criminal violation of a lifetime parole condition, a Level
6 felony. However, (b) the offense described in subsection (a) is a
Level 5 felony if the person has a prior unrelated conviction under this
section.
SECTION 8. IC 35-50-6-0.5, AS AMENDED BY P.L.106-2020,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 0.5. The following definitions apply throughout
this chapter:
(1) "Accrued time" means the amount of time that a person is
imprisoned or confined. In determining the number of days a
person has been imprisoned or confined, a partial calendar
EH 1004—LS 6811/DI 131 23
day is considered to be one (1) calendar day.
(2) "Calendar day" means the period of elapsed time that
begins at midnight and ends twenty-four (24) hours later at
the next midnight.
(2) (3) "Credit time" means the sum of a person's accrued time,
good time credit, and educational credit.
(3) (4) "Educational credit" means a reduction in a person's term
of imprisonment or confinement awarded for participation in an
educational, vocational, rehabilitative, or other program. The term
includes an individualized case management plan.
(4) (5) "Good time credit" means a reduction in a person's term of
imprisonment or confinement awarded for the person's good
behavior while imprisoned or confined.
(5) (6) "Individualized case management plan" means educational
credit which consists of a plan designed to address an
incarcerated person's risk of recidivism, and may include:
(A) addiction recovery treatment;
(B) mental health treatment;
(C) vocational education programming;
(D) adult basic education, a high school or high school
equivalency diploma, a college diploma, and any other
academic educational goal; or
(E) any other programming or activity that encourages
productive pursuits while a person is incarcerated and that
may reduce the person's likelihood to recidivate after the
person's release from incarceration.
SECTION 9. IC 35-50-6-3, AS AMENDED BY P.L.74-2015,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3. (a) This section applies to a person who
commits an offense before July 1, 2014.
(b) A person assigned to Class I earns one (1) day of good time
credit for each calendar day or partial calendar day the person is
imprisoned for a crime or confined awaiting trial or sentencing.
(c) A person assigned to Class II earns one (1) day of good time
credit for every two (2) calendar days or partial calendar days the
person is imprisoned for a crime or confined awaiting trial or
sentencing.
(d) A person assigned to Class III earns no good time credit.
(e) A person assigned to Class IV earns one (1) day of good time
credit for every six (6) calendar days or partial calendar days the
person is imprisoned for a crime or confined awaiting trial or
sentencing.
EH 1004—LS 6811/DI 131 24
SECTION 10. IC 35-50-6-3.1, AS AMENDED BY P.L.106-2020,
SECTION 3 AND P.L.142-2020, SECTION 87, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3.1. (a) This
section applies to a person who commits an offense after June 30,
2014.
(b) A person assigned to Class A earns one (1) day of good time
credit for each calendar day or partial calendar day the person is
imprisoned for a crime or confined awaiting trial or sentencing.
(c) A person assigned to Class B earns one (1) day of good time
credit for every three (3) calendar days or partial calendar days the
person is imprisoned for a crime or confined awaiting trial or
sentencing.
(d) A person assigned to Class C earns one (1) day of good time
credit for every six (6) calendar days or partial calendar days the
person is imprisoned for a crime or confined awaiting trial or
sentencing.
(e) A person assigned to Class D earns no good time credit.
(f) A person assigned to Class P earns one (1) day of good time
credit for every four (4) calendar days or partial calendar days the
person serves on pretrial home detention awaiting trial. A person
assigned to Class P does not earn accrued time for time served on
pretrial home detention awaiting trial.".
Delete page 6.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
(Reference is to HB 1004 as printed January 6, 2022.)
YOUNG M, Chairperson
Committee Vote: Yeas 7, Nays 1.
EH 1004—LS 6811/DI 131