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 ENROLLED ACT No. 1004 AN ACT to amend the Indiana Code concerning criminal law and procedure. Be it enacted by the General Assembly of the State of Indiana: 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. HEA 1004 — Concur 2 (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 (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 HEA 1004 — Concur 3 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: (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 HEA 1004 — Concur 4 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 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 HEA 1004 — Concur 5 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. (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 HEA 1004 — Concur 6 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 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. SECTION 3. IC 35-38-2.6-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. As used in this chapter, "community corrections program" means a program consisting of residential centers and work release or electronic monitoring day treatment, or day reporting that is: (1) operated under a community corrections plan of a county and funded at least in part by the state subsidy provided under IC 11-12-2; or (2) operated by or under contract with a court or county. SECTION 4. IC 35-38-2.6-3, AS AMENDED BY P.L.111-2017, SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The court may, at the time of sentencing, suspend any portion of the sentence and order a person to be placed in a community corrections program as an alternative to commitment to the department of correction for the part of the sentence which must be executed under IC 35-50-2-2.1 or IC 35-50-2-2.2. The court may impose reasonable terms on the placement or require the director of the community corrections program to impose reasonable terms on the placement. A court shall require a person: (1) who is described in IC 10-13-6-10(a); (2) who has not previously provided a DNA sample in accordance with IC 10-13-6; and (3) whose sentence does not involve a commitment to the department of correction; HEA 1004 — Concur 7 to provide a DNA sample as a term of placement. (b) Placement in a community corrections program under this chapter is subject to the availability of residential beds or home detention electronic monitoring units in a community corrections program. However, this subsection does not prohibit placement on home detention without electronic monitoring. (c) A person placed under this chapter is responsible for the person's own medical care while in the placement program. (d) Placement under this chapter is subject to the community corrections program receiving a The community corrections program shall have access to and use an offender's written presentence report or memorandum from a county probation agency, if applicable, when determining the offender's eligibility for placement. SECTION 5. IC 35-38-2.6-4.2, AS ADDED BY P.L.105-2010, SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4.2. (a) A community corrections program shall establish written criteria and procedures for determining if an offender or alleged offender is eligible for direct placement supervision under this chapter. (b) The criteria and procedures established under subsection (a) must establish a record keeping system that allows the department or community corrections program to quickly determine if an offender or alleged offender is in violation of the terms of a direct placement order issued under this chapter. (c) A community corrections program charged by a court with supervision of offenders and alleged offenders ordered to be placed directly in a community corrections program under this chapter shall provide all law enforcement agencies, including any contract agency (as defined in IC 35-38-2.5-2.5), having jurisdiction in the place where a community corrections program is located with a list of offenders and alleged offenders under direct placement supervision. The list must include the following information about each offender: and alleged offender: (1) The offender's name, any known aliases, and the location of the offender's direct placement under this chapter. (2) The crime for which the offender was convicted. (3) The date the offender's direct placement expires. (4) The name, address, and telephone number of the offender's supervising community corrections program officer for direct placement under this chapter. (5) An indication of whether the offender is a violent offender. HEA 1004 — Concur 8 (d) Except as provided in IC 35-38-2.5-6(1), a community corrections program charged by a court with supervision of offenders and alleged offenders ordered to undergo direct placement under this chapter shall, at the beginning of a period of the direct placement, set any monitoring device (as defined in IC 35-38-2.5-3) and surveillance equipment to minimize the possibility that the offender or alleged offender may enter another residence or structure without the detection of a violation. (e) A community corrections program charged by a court with supervision of offenders and alleged offenders ordered to undergo direct placement under this chapter shall: (1) maintain or contract with a contract agency to maintain constant supervision of each offender and alleged offender as described in subsection (f); and (2) have adequate staff available twenty-four (24) hours each day to respond if an offender or alleged offender violates the conditions of the direct placement order under this chapter. A community corrections program may contract with a contract agency under this subsection only if the contract agency is able to comply with subsection (f). (f) A contract agency: (1) that maintains supervision of an offender or alleged offender under subsection (e)(1) shall follow the rules set by the local community corrections advisory board as a part of community corrections program direct placement written criteria and procedures; and (2) shall notify the contracting community corrections program within one (1) hour if the offender or alleged offender violates the conditions of the direct placement order. However, if a shorter notification time is required by the community corrections program, a community corrections advisory board must require a contract agency to comply with the shorter notification requirement for a direct placement order violation as if the offender were serving a direct placement order as part of a community corrections program. (g) A community corrections program or contract agency charged by a court with supervision of an offender or alleged offender placed under direct placement under this chapter shall cause a local law enforcement agency or contract agency described in this section to be the initial agency contacted upon determining that the offender is in violation of a direct placement order. SECTION 6. IC 35-38-2.6-4.5, AS AMENDED BY P.L.105-2010, HEA 1004 — Concur 9 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4.5. If a court places a person on home detention any level of supervision as part of a community corrections program under this chapter, the placement must comply with all applicable provisions in IC 11-12 and IC 35-38-2.5. 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. SECTION 8. IC 35-38-2.6-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 7. When a person completes a placement program under this chapter, the court shall may place the person on probation. SECTION 9. 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 HEA 1004 — Concur 10 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 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 HEA 1004 — Concur 11 (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 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 10. 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 HEA 1004 — Concur 12 (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 11. 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 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 12. 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. HEA 1004 — Concur 13 (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. SECTION 13. 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. HEA 1004 — Concur Speaker of the House of Representatives President of the Senate President Pro Tempore Governor of the State of Indiana Date: Time: HEA 1004 — Concur