Indiana 2022 2022 Regular Session

Indiana House Bill HB1004 Enrolled / Bill

Filed 03/01/2022

                    Second Regular Session of the 122nd General Assembly (2022)
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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.
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(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
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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
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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
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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
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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;
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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.
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(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,
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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
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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
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(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
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(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.
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(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