Indiana 2022 Regular Session

Indiana House Bill HB1004 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1004.1
	2	+	February 11, 2022
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1004
	5	+	_____
	6	+	DIGEST OF HB 1004 (Updated February 8, 2022 1:09 pm - DI 106)
	7	+	Citations Affected: IC 11-13; IC 35-38; IC 35-44.1; IC 35-50.
	8	+	Synopsis: Department of correction. Amends and updates certain
	9	+	terms involving direct placement in a community corrections program.
	10	+	Updates the definition of "community corrections program". Specifies
	11	+	(Continued next page)
	12	+	Effective: July 1, 2022.
	13	+	Frye R, McNamara, Steuerwald,
	14	+	Pressel, Cherry, Lehman, May,
	15	+	Negele, Heaton, Teshka, Speedy,
	16	+	Schaibley, Clere, Ziemke, Gutwein,
	17	+	Abbott, Miller D, O'Brien, Leonard,
	18	+	Cook, Karickhoff, Young J, Rowray,
	19	+	Manning, Lindauer, Snow, Goodrich,
	20	+	Mayfield, Judy, Bartels, VanNatter,
	21	+	Heine, Saunders, Gore
	22	+	(SENATE SPONSORS — KOCH, FREEMA N)
	23	+	January 4, 2022, read first time and referred to Committee on Courts and Criminal Code.
	24	+	January 6, 2022, amended, reported — Do Pass.
	25	+	January 10, 2022, read second time, ordered engrossed.
	26	+	January 11, 2022, engrossed. Read third time, passed. Yeas 90, nays 3.
	27	+	SENATE ACTION
	28	+	February 1, 2022, read first time and referred to Committee on Corrections and Criminal
	29	+	Law.
	30	+	February 10, 2022, amended, reported favorably — Do Pass; reassigned to Committee on
	31	+	Appropriations.
	32	+	EH 1004—LS 6811/DI 131 Digest Continued
	33	+	that a court may suspend any portion of a sentence and order a person
	34	+	to be placed in a community corrections program for the part of the
	35	+	sentence which must be executed. Provides that a person placed on a
	36	+	level of supervision as part of a community corrections program: (1) is
	37	+	entitled to earned good time credit; (2) may not earn educational credit;
	38	+	and (3) may be deprived of earned good time credit. Provides that when
	39	+	a person completes a placement program, the court may place the
	40	+	person on probation. Provides that a court may commit a person
	41	+	convicted of a Level 6 felony for an offense committed after June 30,
	42	+	2022, to the department of correction (department), and that, consistent
	43	+	with current law, a court may commit a person convicted of a Level 6
	44	+	felony for an offense committed before July 1, 2022, to the department
	45	+	only if certain circumstances exist. Establishes certain conditions of
	46	+	parole for a person on lifetime parole and makes the violation of parole
	47	+	conditions and commission of specified other acts by a person on
	48	+	lifetime parole a Level 6 felony, with an enhancement to a Level 5
	49	+	felony for a second or subsequent offense. Provides that, for purposes
	50	+	of calculating accrued time and good time credit, a calendar day
	51	+	includes a partial calendar day. Makes conforming changes.
	52	+	EH 1004—LS 6811/DI 131EH 1004—LS 6811/DI 131 February 11, 2022
1	53		Second Regular Session of the 122nd General Assembly (2022)
2	54		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	55		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	56		additions will appear in this style type, and deletions will appear in this style type.
5	57		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	58		provision adopted), the text of the new provision will appear in this style type. Also, the
7	59		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	60		a new provision to the Indiana Code or the Indiana Constitution.
9	61		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	62		between statutes enacted by the 2021 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1004
12		-	AN ACT to amend the Indiana Code concerning criminal law and
13		-	procedure.
	63	+	ENGROSSED
	64	+	HOUSE BILL No. 1004
	65	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	66	+	criminal law and procedure.
14	67		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 11-13-3-4, AS AMENDED BY P.L.37-2019,
	68	+	1 SECTION 1. IC 11-13-3-4, AS AMENDED BY P.L.37-2019,
	69	+	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	70	+	3 JULY 1, 2022]: Sec. 4. (a) A condition to remaining on parole is that
	71	+	4 the parolee not commit a crime during the period of parole.
	72	+	5 (b) The parole board may also adopt, under IC 4-22-2, additional
	73	+	6 conditions to remaining on parole and require a parolee to satisfy one
	74	+	7 (1) or more of these conditions. These conditions must be reasonably
	75	+	8 related to the parolee's successful reintegration into the community and
	76	+	9 not unduly restrictive of a fundamental right.
	77	+	10 (c) If a person is released on parole, the parolee shall be given a
	78	+	11 written statement of the conditions of parole. Signed copies of this
	79	+	12 statement shall be:
	80	+	13 (1) retained by the parolee;
	81	+	14 (2) forwarded to any person charged with the parolee's
	82	+	15 supervision; and
	83	+	16 (3) placed in the parolee's master file.
	84	+	17 (d) The parole board may modify parole conditions if the parolee
	85	+	EH 1004—LS 6811/DI 131 2
	86	+	1 receives notice of that action and had ten (10) days after receipt of the
	87	+	2 notice to express the parolee's views on the proposed modification.
	88	+	3 This subsection does not apply to modification of parole conditions
	89	+	4 after a revocation proceeding under section 10 of this chapter.
	90	+	5 (e) As a condition of parole, the parole board may require the
	91	+	6 parolee to reside in a particular parole area. In determining a parolee's
	92	+	7 residence requirement, the parole board shall:
	93	+	8 (1) consider:
	94	+	9 (A) the residence of the parolee prior to the parolee's
	95	+	10 incarceration; and
	96	+	11 (B) the parolee's place of employment; and
	97	+	12 (2) assign the parolee to reside in the county where the parolee
	98	+	13 resided prior to the parolee's incarceration unless assignment on
	99	+	14 this basis would be detrimental to the parolee's successful
	100	+	15 reintegration into the community.
	101	+	16 (f) As a condition of parole, the parole board may require the
	102	+	17 parolee to:
	103	+	18 (1) periodically undergo a laboratory chemical test (as defined in
	104	+	19 IC 9-13-2-22) or series of tests to detect and confirm the presence
	105	+	20 of a controlled substance (as defined in IC 35-48-1-9); and
	106	+	21 (2) have the results of any test under this subsection reported to
	107	+	22 the parole board by the laboratory.
	108	+	23 The parolee is responsible for any charges resulting from a test
	109	+	24 required under this subsection. However, a person's parole may not be
	110	+	25 revoked on the basis of the person's inability to pay for a test under this
	111	+	26 subsection.
	112	+	27 (g) As a condition of parole, the parole board:
	113	+	28 (1) may require a parolee who is a sex offender (as defined in
	114	+	29 IC 11-8-8-4.5) to:
	115	+	30 (A) participate in a treatment program for sex offenders
	116	+	31 approved by the parole board; and
	117	+	32 (B) avoid contact with any person who is less than sixteen (16)
	118	+	33 years of age unless the parolee:
	119	+	34 (i) receives the parole board's approval; or
	120	+	35 (ii) successfully completes the treatment program referred to
	121	+	36 in clause (A); and
	122	+	37 (2) shall:
	123	+	38 (A) require a parolee who is a sex or violent offender (as
	124	+	39 defined in IC 11-8-8-5) to register with a local law
	125	+	40 enforcement authority under IC 11-8-8;
	126	+	41 (B) prohibit a parolee who is a sex offender from residing
	127	+	42 within one thousand (1,000) feet of school property (as defined
	128	+	EH 1004—LS 6811/DI 131 3
	129	+	1 in IC 35-31.5-2-285) for the period of parole, unless the sex
	130	+	2 offender obtains written approval from the parole board;
	131	+	3 (C) prohibit a parolee who is a sex offender convicted of a sex
	132	+	4 offense (as defined in IC 35-38-2-2.5) from residing within
	133	+	5 one (1) mile of the victim of the sex offender's sex offense
	134	+	6 unless the sex offender obtains a waiver under IC 35-38-2-2.5;
	135	+	7 (D) prohibit a parolee who is a sex offender from owning,
	136	+	8 operating, managing, being employed by, or volunteering at
	137	+	9 any attraction designed to be primarily enjoyed by children
	138	+	10 less than sixteen (16) years of age;
	139	+	11 (E) require a parolee who is a sex offender to consent:
	140	+	12 (i) to the search of the sex offender's personal computer at
	141	+	13 any time; and
	142	+	14 (ii) to the installation on the sex offender's personal
	143	+	15 computer or device with Internet capability, at the sex
	144	+	16 offender's expense, of one (1) or more hardware or software
	145	+	17 systems to monitor Internet usage; and
	146	+	18 (F) prohibit the sex offender from:
	147	+	19 (i) accessing or using certain web sites, chat rooms, or
	148	+	20 instant messaging programs frequented by children; and
	149	+	21 (ii) deleting, erasing, or tampering with information on the
	150	+	22 sex offender's personal computer with intent to conceal an
	151	+	23 activity prohibited by item (i).
	152	+	24 The parole board may not grant a sexually violent predator (as defined
	153	+	25 in IC 35-38-1-7.5) or a sex offender who is an offender against children
	154	+	26 under IC 35-42-4-11 a waiver under subdivision (2)(B) or (2)(C). If the
	155	+	27 parole board allows the sex offender to reside within one thousand
	156	+	28 (1,000) feet of school property under subdivision (2)(B), the parole
	157	+	29 board shall notify each school within one thousand (1,000) feet of the
	158	+	30 sex offender's residence of the order.
	159	+	31 (h) The address of the victim of a parolee who is a sex offender
	160	+	32 convicted of a sex offense (as defined in IC 35-38-2-2.5) is
	161	+	33 confidential, even if the sex offender obtains a waiver under
	162	+	34 IC 35-38-2-2.5.
	163	+	35 (i) As a condition of parole, the parole board may require a parolee
	164	+	36 to participate in a reentry court program.
	165	+	37 (j) This subsection does not apply to a person on lifetime parole.
	166	+	38 As a condition of parole, the parole board shall require a parolee who
	167	+	39 is a sexually violent predator under IC 35-38-1-7.5 or who is a sex or
	168	+	40 violent offender (as defined in IC 11-8-8-5) to wear a monitoring
	169	+	41 device (as described in IC 35-38-2.5-3) that can transmit information
	170	+	42 twenty-four (24) hours each day regarding a person's precise location,
	171	+	EH 1004—LS 6811/DI 131 4
	172	+	1 subject to a validated sex offender risk assessment, and subject to the
	173	+	2 amount appropriated to the department for a monitoring program as a
	174	+	3 condition of parole.
	175	+	4 (k) As a condition of parole, the parole board may prohibit, in
	176	+	5 accordance with IC 35-38-2-2.6, a parolee who has been convicted of
	177	+	6 stalking from residing within one thousand (1,000) feet of the residence
	178	+	7 of the victim of the stalking for a period that does not exceed five (5)
	179	+	8 years.
	180	+	9 (l) As a condition of parole, the parole board may prohibit a parolee
	181	+	10 convicted of an offense under IC 35-46-3 from owning, harboring, or
	182	+	11 training an animal, and, if the parole board prohibits a parolee
	183	+	12 convicted of an offense under IC 35-46-3 from having direct or indirect
	184	+	13 contact with an individual, the parole board may also prohibit the
	185	+	14 parolee from having direct or indirect contact with any animal
	186	+	15 belonging to the individual.
	187	+	16 (m) As a condition of parole, the parole board may require a parolee
	188	+	17 to receive:
	189	+	18 (1) addiction counseling;
	190	+	19 (2) inpatient detoxification;
	191	+	20 (3) case management;
	192	+	21 (4) daily living skills; and
	193	+	22 (5) medication assisted treatment, including a federal Food and
	194	+	23 Drug Administration approved long acting, nonaddictive
	195	+	24 medication for the treatment of opioid or alcohol dependence.
	196	+	25 (n) A parolee may be responsible for the reasonable expenses, as
	197	+	26 determined by the department, of the parolee's participation in a
	198	+	27 treatment or other program required as a condition of parole under this
	199	+	28 section. However, a person's parole may not be revoked solely on the
	200	+	29 basis of the person's inability to pay for a program required as a
	201	+	30 condition of parole under this section.
	202	+	31 (o) When an offender is placed on lifetime parole, the parole board
	203	+	32 shall inform the sheriff and the prosecuting attorney of the county in
	204	+	33 which the offender committed the offense:
	205	+	34 (1) that the offender has been placed on lifetime parole; and
	206	+	35 (2) whether the offender is required to wear a monitoring device
	207	+	36 as described in subsection (j).
	208	+	37 (p) (o) As a condition of parole, the parole board shall prohibit a
	209	+	38 person convicted of an animal abuse offense (as defined in
	210	+	39 IC 35-38-2-2.8) from owning, harboring, or training a companion
	211	+	40 animal (as defined in IC 35-38-2-2.8).
	212	+	41 SECTION 2. IC 11-13-3-11 IS ADDED TO THE INDIANA CODE
	213	+	42 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	214	+	EH 1004—LS 6811/DI 131 5
	215	+	1 1, 2022]: Sec. 11. (a) As used in this section, "Internet crime against
	216	+	2 a child" means a conviction for a violation of:
	217	+	3 (1) IC 35-42-4-4(b) or IC 35-42-4-4(c) (child exploitation);
	218	+	4 (2) IC 35-42-4-4(d) or IC 35-42-4-4(e) (possession of child
	219	+	5 pornography); or
	220	+	6 (3) IC 35-42-4-6 (child solicitation).
	221	+	7 (b) When a person is placed on lifetime parole, the department
	222	+	8 shall provide the parolee with a written statement of the conditions
	223	+	9 of lifetime parole. The parolee shall sign the statement, retain a
	224	+	10 copy, and provide a copy to the department. The department shall
	225	+	11 place the signed statement in the parolee's master file.
	226	+	12 (c) As a condition of lifetime parole, the parole board shall:
	227	+	13 (1) require a parolee who is a sexually violent predator (as
	228	+	14 defined in IC 35-38-1-7.5) to:
	229	+	15 (A) inform the parolee's parole agent of any changes to the
	230	+	16 parolee's residence, employment, or contact information
	231	+	17 not later than seventy-two (72) hours after the change;
	232	+	18 (B) report to the parole agent as instructed;
	233	+	19 (C) avoid contact with any person who is less than sixteen
	234	+	20 (16) years of age, unless the parolee receives written
	235	+	21 authorization from the parole board; and
	236	+	22 (D) avoid contact with the victim of any sex crime
	237	+	23 committed by that parolee, unless the parolee receives
	238	+	24 written authorization from the parole board;
	239	+	25 (2) prohibit a parolee who is a sexually violent predator
	240	+	26 convicted of an Internet crime against a child from:
	241	+	27 (A) accessing or using certain Internet web sites, chat
	242	+	28 rooms, or instant messaging programs frequented by
	243	+	29 children; and
	244	+	30 (B) deleting, erasing, or tampering with data on the
	245	+	31 parolee's personal computer;
	246	+	32 (3) prohibit a parolee who is a sexually violent predator from
	247	+	33 owning, operating, managing, being employed by, or
	248	+	34 volunteering at an attraction designed to be primarily enjoyed
	249	+	35 by a child less than sixteen (16) years of age; and
	250	+	36 (4) require a parolee to allow the parolee's supervising parole
	251	+	37 agent or another person authorized by the parole board to
	252	+	38 visit the parolee's residence, real property, or place of
	253	+	39 employment.
	254	+	40 (d) As a condition of lifetime parole, the parole board may
	255	+	41 require a sexually violent predator to participate in a sex offender
	256	+	42 treatment program approved by the parole board.
	257	+	EH 1004—LS 6811/DI 131 6
	258	+	1 (e) As a condition of lifetime parole, the parole board may
	259	+	2 require a parolee who is:
	260	+	3 (1) a sexually violent predator; or
	261	+	4 (2) required to register as a sex or violent offender under
	262	+	5 IC 11-8-8-5 due to a conviction for murder (IC 35-42-1-1) or
	263	+	6 voluntary manslaughter (IC 35-42-1-3);
	264	+	7 to wear a monitoring device (as described in IC 35-38-2.5-3) that
	265	+	8 can transmit information twenty-four (24) hours each day
	266	+	9 regarding a person's precise location, subject to a validated sex
	267	+	10 offender risk assessment or appropriate violent offender risk
	268	+	11 assessment, and subject to the amount appropriated to the
	269	+	12 department for a monitoring program as a condition of lifetime
	270	+	13 parole.
	271	+	14 (f) When an offender is placed on lifetime parole, the parole
	272	+	15 board shall inform the sheriff and the prosecuting attorney of the
	273	+	16 offender's current county of residence:
	274	+	17 (1) that the offender has been placed on lifetime parole; and
	275	+	18 (2) whether the offender is required to wear a monitoring
	276	+	19 device as described in subsection (e).
	277	+	20 (g) The parole board may adopt rules under IC 4-22-2 to impose
	278	+	21 additional conditions of lifetime parole and to implement this
	279	+	22 section.
	280	+	23 SECTION 3. IC 35-38-2.6-2 IS AMENDED TO READ AS
	281	+	24 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. As used in this
	282	+	25 chapter, "community corrections program" means a program consisting
	283	+	26 of residential centers and work release or electronic monitoring day
	284	+	27 treatment, or day reporting that is:
	285	+	28 (1) operated under a community corrections plan of a county and
	286	+	29 funded at least in part by the state subsidy provided under
	287	+	30 IC 11-12-2; or
	288	+	31 (2) operated by or under contract with a court or county.
	289	+	32 SECTION 4. IC 35-38-2.6-3, AS AMENDED BY P.L.111-2017,
	290	+	33 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	291	+	34 JULY 1, 2022]: Sec. 3. (a) The court may, at the time of sentencing,
	292	+	35 suspend any portion of the sentence and order a person to be placed
	293	+	36 in a community corrections program as an alternative to commitment
	294	+	37 to the department of correction for the part of the sentence which
	295	+	38 must be executed under IC 35-50-2-2.1 or IC 35-50-2-2.2. The court
	296	+	39 may impose reasonable terms on the placement or require the director
	297	+	40 of the community corrections program to impose reasonable terms on
	298	+	41 the placement. A court shall require a person:
	299	+	42 (1) who is described in IC 10-13-6-10(a);
	300	+	EH 1004—LS 6811/DI 131 7
	301	+	1 (2) who has not previously provided a DNA sample in accordance
	302	+	2 with IC 10-13-6; and
	303	+	3 (3) whose sentence does not involve a commitment to the
	304	+	4 department of correction;
	305	+	5 to provide a DNA sample as a term of placement.
	306	+	6 (b) Placement in a community corrections program under this
	307	+	7 chapter is subject to the availability of residential beds or home
	308	+	8 detention electronic monitoring units in a community corrections
	309	+	9 program. However, this subsection does not prohibit placement on
	310	+	10 home detention without electronic monitoring.
	311	+	11 (c) A person placed under this chapter is responsible for the person's
	312	+	12 own medical care while in the placement program.
	313	+	13 (d) Placement under this chapter is subject to the community
	314	+	14 corrections program receiving a The community corrections
	315	+	15 program shall have access to and use an offender's written
	316	+	16 presentence report or memorandum from a county probation agency,
	317	+	17 if applicable, when determining the offender's eligibility for
	318	+	18 placement.
	319	+	19 SECTION 5. IC 35-38-2.6-4.2, AS ADDED BY P.L.105-2010,
	320	+	20 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	321	+	21 JULY 1, 2022]: Sec. 4.2. (a) A community corrections program shall
	322	+	22 establish written criteria and procedures for determining if an offender
	323	+	23 or alleged offender is eligible for direct placement supervision under
	324	+	24 this chapter.
	325	+	25 (b) The criteria and procedures established under subsection (a)
	326	+	26 must establish a record keeping system that allows the department or
	327	+	27 community corrections program to quickly determine if an offender or
	328	+	28 alleged offender is in violation of the terms of a direct placement order
	329	+	29 issued under this chapter.
	330	+	30 (c) A community corrections program charged by a court with
	331	+	31 supervision of offenders and alleged offenders ordered to be placed
	332	+	32 directly in a community corrections program under this chapter shall
	333	+	33 provide all law enforcement agencies, including any contract agency
	334	+	34 (as defined in IC 35-38-2.5-2.5), having jurisdiction in the place where
	335	+	35 a community corrections program is located with a list of offenders and
	336	+	36 alleged offenders under direct placement supervision. The list must
	337	+	37 include the following information about each offender: and alleged
	338	+	38 offender:
	339	+	39 (1) The offender's name, any known aliases, and the location of
	340	+	40 the offender's direct placement under this chapter.
	341	+	41 (2) The crime for which the offender was convicted.
	342	+	42 (3) The date the offender's direct placement expires.
	343	+	EH 1004—LS 6811/DI 131 8
	344	+	1 (4) The name, address, and telephone number of the offender's
	345	+	2 supervising community corrections program officer for direct
	346	+	3 placement under this chapter.
	347	+	4 (5) An indication of whether the offender is a violent offender.
	348	+	5 (d) Except as provided in IC 35-38-2.5-6(1), a community
	349	+	6 corrections program charged by a court with supervision of offenders
	350	+	7 and alleged offenders ordered to undergo direct placement under this
	351	+	8 chapter shall, at the beginning of a period of the direct placement, set
	352	+	9 any monitoring device (as defined in IC 35-38-2.5-3) and surveillance
	353	+	10 equipment to minimize the possibility that the offender or alleged
	354	+	11 offender may enter another residence or structure without the detection
	355	+	12 of a violation.
	356	+	13 (e) A community corrections program charged by a court with
	357	+	14 supervision of offenders and alleged offenders ordered to undergo
	358	+	15 direct placement under this chapter shall:
	359	+	16 (1) maintain or contract with a contract agency to maintain
	360	+	17 constant supervision of each offender and alleged offender as
	361	+	18 described in subsection (f); and
	362	+	19 (2) have adequate staff available twenty-four (24) hours each day
	363	+	20 to respond if an offender or alleged offender violates the
	364	+	21 conditions of the direct placement order under this chapter.
	365	+	22 A community corrections program may contract with a contract agency
	366	+	23 under this subsection only if the contract agency is able to comply with
	367	+	24 subsection (f).
	368	+	25 (f) A contract agency:
	369	+	26 (1) that maintains supervision of an offender or alleged offender
	370	+	27 under subsection (e)(1) shall follow the rules set by the local
	371	+	28 community corrections advisory board as a part of community
	372	+	29 corrections program direct placement written criteria and
	373	+	30 procedures; and
	374	+	31 (2) shall notify the contracting community corrections program
	375	+	32 within one (1) hour if the offender or alleged offender violates the
	376	+	33 conditions of the direct placement order. However, if a shorter
	377	+	34 notification time is required by the community corrections
	378	+	35 program, a community corrections advisory board must require a
	379	+	36 contract agency to comply with the shorter notification
	380	+	37 requirement for a direct placement order violation as if the
	381	+	38 offender were serving a direct placement order as part of a
	382	+	39 community corrections program.
	383	+	40 (g) A community corrections program or contract agency charged
	384	+	41 by a court with supervision of an offender or alleged offender placed
	385	+	42 under direct placement under this chapter shall cause a local law
	386	+	EH 1004—LS 6811/DI 131 9
	387	+	1 enforcement agency or contract agency described in this section to be
	388	+	2 the initial agency contacted upon determining that the offender is in
	389	+	3 violation of a direct placement order.
	390	+	4 SECTION 6. IC 35-38-2.6-4.5, AS AMENDED BY P.L.105-2010,
	391	+	5 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	392	+	6 JULY 1, 2022]: Sec. 4.5. If a court places a person on home detention
	393	+	7 any level of supervision as part of a community corrections program
	394	+	8 under this chapter, the placement must comply with all applicable
	395	+	9 provisions in IC 11-12 and IC 35-38-2.5.
	396	+	10 SECTION 7. IC 35-38-2.6-6, AS AMENDED BY P.L.26-2019,
	397	+	11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	398	+	12 JULY 1, 2022]: Sec. 6. (a) As used in this section, "home" means the
	399	+	13 actual living area of the temporary or permanent residence of a person.
	400	+	14 (b) A person confined on home detention in a community
	401	+	15 corrections program receives one (1) day of accrued time for each day
	402	+	16 the person is confined on home detention, plus any earned good time
	403	+	17 credit.
	404	+	18 (c) In addition to accrued time under subsection (b), a person who
	405	+	19 is placed in on a level of supervision as part of a community
	406	+	20 corrections program under this chapter is entitled to earn good time
	407	+	21 credit under IC 35-50-6-3 and IC 35-50-6-3.1. A person confined on
	408	+	22 home detention placed on a level of supervision as part of a
	409	+	23 community corrections program may not earn educational credit under
	410	+	24 IC 35-50-6-3.3.
	411	+	25 (d) The department of correction shall adopt rules under IC 4-22-2,
	412	+	26 and may adopt emergency rules under IC 4-22-2-37.1, concerning the
	413	+	27 deprivation of earned good time credit for a person who is placed in on
	414	+	28 a level of supervision as part of a community corrections program
	415	+	29 under this chapter.
	416	+	30 (e) A person who is placed in on a level of supervision as part of
	417	+	31 a community corrections program under this chapter may be deprived
	418	+	32 of earned good time credit as provided under rules adopted by the
	419	+	33 department of correction under IC 4-22-2, including IC 4-22-2-37.1.
	420	+	34 SECTION 8. IC 35-38-2.6-7 IS AMENDED TO READ AS
	421	+	35 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 7. When a person
	422	+	36 completes a placement program under this chapter, the court shall may
	423	+	37 place the person on probation.
	424	+	38 SECTION 9. IC 35-38-3-3, AS AMENDED BY P.L.156-2020,
	425	+	39 SECTION 129, IS AMENDED TO READ AS FOLLOWS
	426	+	40 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) Except as provided by
	427	+	41 subsection (b), a person convicted of a misdemeanor may not be
	428	+	42 committed to the department of correction.
	429	+	EH 1004—LS 6811/DI 131 10
	430	+	1 (b) Upon a request from the sheriff, the commissioner may agree to
	431	+	2 accept custody of a misdemeanant:
	432	+	3 (1) if placement in the county jail:
	433	+	4 (A) places the inmate in danger of serious bodily injury or
	434	+	5 death; or
	435	+	6 (B) represents a substantial threat to the safety of others;
	436	+	7 (2) for other good cause shown; or
	437	+	8 (3) if a person has more than five hundred forty-seven (547) days
	438	+	9 remaining before the person's earliest release date as a result of:
	439	+	10 (A) consecutive misdemeanor sentences; or
	440	+	11 (B) a sentencing enhancement applied to a misdemeanor
	441	+	12 sentence.
	442	+	13 (c) After June 30, 2014, and before January 1, 2016, a court may not
	443	+	14 commit a person convicted of a Level 6 felony to the department of
	444	+	15 correction if the person's earliest possible release date is less than
	445	+	16 ninety-one (91) days from the date of sentencing, unless the
	446	+	17 commitment is due to the person violating a condition of probation,
	447	+	18 parole, or community corrections by committing a new criminal
	448	+	19 offense. This subsection applies only to a person convicted of a
	449	+	20 Level 6 felony for an offense committed after June 30, 2022. A
	450	+	21 court may commit a person convicted of a Level 6 felony for an
	451	+	22 offense committed after June 30, 2022, to the department of
	452	+	23 correction.
	453	+	24 (d) This subsection applies only to a person convicted of a Level
	454	+	25 6 felony for an offense committed before July 1, 2022. A court may
	455	+	26 not commit a person convicted of a Level 6 felony for an offense
	456	+	27 committed before July 1, 2022, to the department of correction
	457	+	28 unless:
	458	+	29 (1) the commitment is due to the revocation of the person's
	459	+	30 sentence for violating probation, parole, or community corrections
	460	+	31 and the revocation of the person's sentence is due to a new
	461	+	32 criminal offense;
	462	+	33 (2) the person is convicted of a Level 6 felony that was committed
	463	+	34 in a penal facility; or
	464	+	35 (3) the person:
	465	+	36 (A) is convicted of a Level 6 felony and the sentence for that
	466	+	37 felony is ordered to be served consecutively to the sentence for
	467	+	38 another felony;
	468	+	39 (B) is convicted of a Level 6 felony that is enhanced by an
	469	+	40 additional fixed term under IC 35-50-2-8 through
	470	+	41 IC 35-50-2-16;
	471	+	42 (C) has received an enhanced sentence under IC 9-30-15.5-2;
	472	+	EH 1004—LS 6811/DI 131 11
	473	+	1 (D) is a violent offender as defined in IC 35-31.5-2-352(1); or
	474	+	2 (E) has two (2) prior unrelated felony convictions;
	475	+	3 and the person's earliest possible release date is more than three
	476	+	4 hundred sixty-five (365) days after the date of sentencing; or
	477	+	5 (4) the commitment is due to an agreement made between the
	478	+	6 sheriff and the department of correction under IC 11-12-6.5.
	479	+	7 A person who may not be committed to the department of correction
	480	+	8 may be placed on probation, committed to the county jail, or placed in
	481	+	9 community corrections for assignment to an appropriate community
	482	+	10 corrections program.
	483	+	11 (e) Subject to appropriation from the general assembly, a sheriff is
	484	+	12 entitled to a per diem and medical expense reimbursement from the
	485	+	13 department of correction for the cost of incarcerating a person
	486	+	14 described in subsections (c) and (d) in a county jail. The sheriff is
	487	+	15 entitled to a per diem and medical expense reimbursement only for the
	488	+	16 time that the person described in subsections (c) and (d) is incarcerated
	489	+	17 in the county jail.
	490	+	18 (f) Per diem and medical expense reimbursements received by a
	491	+	19 county under this section or received by a county from the state under
	492	+	20 any other law for the purpose of reimbursing sheriffs for the cost of
	493	+	21 incarcerating in county jails persons convicted of felonies:
	494	+	22 (1) shall be deposited in the county general fund; and
	495	+	23 (2) upon appropriation by the county fiscal body, shall be used by
	496	+	24 the county sheriff only for the purposes of paying the costs of
	497	+	25 incarcerating in the county jail persons described in subsections
	498	+	26 (c) and (d) or other persons convicted of felonies.
	499	+	27 (g) The county auditor shall semiannually provide to the county
	500	+	28 fiscal body and the county sheriff an itemized record of the per diem
	501	+	29 and medical expense reimbursements received by the county under this
	502	+	30 section or under any other law for the purpose of reimbursing sheriffs
	503	+	31 for the cost of incarcerating persons convicted of felonies.
	504	+	32 SECTION 10. IC 35-44.1-3-9, AS AMENDED BY P.L.95-2017,
	505	+	33 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	506	+	34 JULY 1, 2022]: Sec. 9. (a) A person who is being supervised on
	507	+	35 lifetime parole (as described in IC 35-50-6-1) and who knowingly or
	508	+	36 intentionally violates a condition of lifetime parole that involves direct
	509	+	37 or indirect contact with a child less than sixteen (16) years of age or
	510	+	38 with the victim of a crime that was committed by the person commits
	511	+	39 criminal parole violation by a sexual predator, a Level 6 felony. A
	512	+	40 person who is being supervised on lifetime parole (as described in
	513	+	41 IC 35-50-6-1) and who knowingly or intentionally:
	514	+	42 (1) violates a condition (including a special condition imposed
	515	+	EH 1004—LS 6811/DI 131 12
	516	+	1 by the parole board) of lifetime parole; or
	517	+	2 (2) without the authorization of the parole board, has direct
	518	+	3 or indirect contact with:
	519	+	4 (A) a child less than sixteen (16) years of age; or
	520	+	5 (B) the victim of a sex offense committed by the person;
	521	+	6 commits criminal violation of a lifetime parole condition, a Level
	522	+	7 6 felony. However, (b) the offense described in subsection (a) is a
	523	+	8 Level 5 felony if the person has a prior unrelated conviction under this
	524	+	9 section.
	525	+	10 SECTION 11. IC 35-50-6-0.5, AS AMENDED BY P.L.106-2020,
	526	+	11 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	527	+	12 JULY 1, 2022]: Sec. 0.5. The following definitions apply throughout
	528	+	13 this chapter:
	529	+	14 (1) "Accrued time" means the amount of time that a person is
	530	+	15 imprisoned or confined. In determining the number of days a
	531	+	16 person has been imprisoned or confined, a partial calendar
	532	+	17 day is considered to be one (1) calendar day.
	533	+	18 (2) "Calendar day" means the period of elapsed time that
	534	+	19 begins at midnight and ends twenty-four (24) hours later at
	535	+	20 the next midnight.
	536	+	21 (2) (3) "Credit time" means the sum of a person's accrued time,
	537	+	22 good time credit, and educational credit.
	538	+	23 (3) (4) "Educational credit" means a reduction in a person's term
	539	+	24 of imprisonment or confinement awarded for participation in an
	540	+	25 educational, vocational, rehabilitative, or other program. The term
	541	+	26 includes an individualized case management plan.
	542	+	27 (4) (5) "Good time credit" means a reduction in a person's term of
	543	+	28 imprisonment or confinement awarded for the person's good
	544	+	29 behavior while imprisoned or confined.
	545	+	30 (5) (6) "Individualized case management plan" means educational
	546	+	31 credit which consists of a plan designed to address an
	547	+	32 incarcerated person's risk of recidivism, and may include:
	548	+	33 (A) addiction recovery treatment;
	549	+	34 (B) mental health treatment;
	550	+	35 (C) vocational education programming;
	551	+	36 (D) adult basic education, a high school or high school
	552	+	37 equivalency diploma, a college diploma, and any other
	553	+	38 academic educational goal; or
	554	+	39 (E) any other programming or activity that encourages
	555	+	40 productive pursuits while a person is incarcerated and that
	556	+	41 may reduce the person's likelihood to recidivate after the
	557	+	42 person's release from incarceration.
	558	+	EH 1004—LS 6811/DI 131 13
	559	+	1 SECTION 12. IC 35-50-6-3, AS AMENDED BY P.L.74-2015,
	560	+	2 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	561	+	3 JULY 1, 2022]: Sec. 3. (a) This section applies to a person who
	562	+	4 commits an offense before July 1, 2014.
	563	+	5 (b) A person assigned to Class I earns one (1) day of good time
	564	+	6 credit for each calendar day or partial calendar day the person is
	565	+	7 imprisoned for a crime or confined awaiting trial or sentencing.
	566	+	8 (c) A person assigned to Class II earns one (1) day of good time
	567	+	9 credit for every two (2) calendar days or partial calendar days the
	568	+	10 person is imprisoned for a crime or confined awaiting trial or
	569	+	11 sentencing.
	570	+	12 (d) A person assigned to Class III earns no good time credit.
	571	+	13 (e) A person assigned to Class IV earns one (1) day of good time
	572	+	14 credit for every six (6) calendar days or partial calendar days the
	573	+	15 person is imprisoned for a crime or confined awaiting trial or
	574	+	16 sentencing.
	575	+	17 SECTION 13. IC 35-50-6-3.1, AS AMENDED BY P.L.106-2020,
	576	+	18 SECTION 3 AND P.L.142-2020, SECTION 87, IS AMENDED TO
	577	+	19 READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3.1. (a) This
	578	+	20 section applies to a person who commits an offense after June 30,
	579	+	21 2014.
	580	+	22 (b) A person assigned to Class A earns one (1) day of good time
	581	+	23 credit for each calendar day or partial calendar day the person is
	582	+	24 imprisoned for a crime or confined awaiting trial or sentencing.
	583	+	25 (c) A person assigned to Class B earns one (1) day of good time
	584	+	26 credit for every three (3) calendar days or partial calendar days the
	585	+	27 person is imprisoned for a crime or confined awaiting trial or
	586	+	28 sentencing.
	587	+	29 (d) A person assigned to Class C earns one (1) day of good time
	588	+	30 credit for every six (6) calendar days or partial calendar days the
	589	+	31 person is imprisoned for a crime or confined awaiting trial or
	590	+	32 sentencing.
	591	+	33 (e) A person assigned to Class D earns no good time credit.
	592	+	34 (f) A person assigned to Class P earns one (1) day of good time
	593	+	35 credit for every four (4) calendar days or partial calendar days the
	594	+	36 person serves on pretrial home detention awaiting trial. A person
	595	+	37 assigned to Class P does not earn accrued time for time served on
	596	+	38 pretrial home detention awaiting trial.
	597	+	EH 1004—LS 6811/DI 131 14
	598	+	COMMITTEE REPORT
	599	+	Mr. Speaker: Your Committee on Courts and Criminal Code, to
	600	+	which was referred House Bill 1004, has had the same under
	601	+	consideration and begs leave to report the same back to the House with
	602	+	the recommendation that said bill be amended as follows:
	603	+	Page 1, delete lines 7 through 12.
	604	+	Page 2, line 8, after "suspend" insert "any portion of".
	605	+	Page 2, line 10, delete "." and insert "for the part of the sentence
	606	+	which must be executed under IC 35-50-2-2.1 or IC 35-50-2-2.2.".
	607	+	Page 2, delete lines 31 through 37.
	608	+	Page 4, delete lines 29 through 42.
	609	+	Page 5, delete lines 1 through 13, begin a new paragraph and insert:
	610	+	"SECTION 7. IC 35-38-2.6-6, AS AMENDED BY P.L.26-2019,
	611	+	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	612	+	JULY 1, 2022]: Sec. 6. (a) As used in this section, "home" means the
	613	+	actual living area of the temporary or permanent residence of a person.
	614	+	(b) A person confined on home detention in a community
	615	+	corrections program receives one (1) day of accrued time for each day
	616	+	the person is confined on home detention, plus any earned good time
	617	+	credit.
	618	+	(c) In addition to accrued time under subsection (b), a person who
	619	+	is placed in on a level of supervision as part of a community
	620	+	corrections program under this chapter is entitled to earn good time
	621	+	credit under IC 35-50-6-3 and IC 35-50-6-3.1. A person confined on
	622	+	home detention placed on a level of supervision as part of a
	623	+	community corrections program may not earn educational credit under
	624	+	IC 35-50-6-3.3.
	625	+	(d) The department of correction shall adopt rules under IC 4-22-2,
	626	+	and may adopt emergency rules under IC 4-22-2-37.1, concerning the
	627	+	deprivation of earned good time credit for a person who is placed in on
	628	+	a level of supervision as part of a community corrections program
	629	+	under this chapter.
	630	+	(e) A person who is placed in on a level of supervision as part of
	631	+	a community corrections program under this chapter may be deprived
	632	+	of earned good time credit as provided under rules adopted by the
	633	+	department of correction under IC 4-22-2, including IC 4-22-2-37.1.".
	634	+	Renumber all SECTIONS consecutively.
	635	+	and when so amended that said bill do pass.
	636	+	EH 1004—LS 6811/DI 131 15
	637	+	(Reference is to HB 1004 as introduced.)
	638	+	MCNAMARA
	639	+	Committee Vote: yeas 12, nays 0.
	640	+	_____
	641	+	COMMITTEE REPORT
	642	+	Madam President: The Senate Committee on Corrections and
	643	+	Criminal Law, to which was referred House Bill No. 1004, has had the
	644	+	same under consideration and begs leave to report the same back to the
	645	+	Senate with the recommendation that said bill be AMENDED as
	646	+	follows:
	647	+	Page 1, delete lines 1 through 6, begin a new paragraph and insert:
	648	+	"SECTION 1. IC 11-13-3-4, AS AMENDED BY P.L.37-2019,
16	649		SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17	650		JULY 1, 2022]: Sec. 4. (a) A condition to remaining on parole is that
18	651		the parolee not commit a crime during the period of parole.
19	652		(b) The parole board may also adopt, under IC 4-22-2, additional
20	653		conditions to remaining on parole and require a parolee to satisfy one
21	654		(1) or more of these conditions. These conditions must be reasonably
22	655		related to the parolee's successful reintegration into the community and
23	656		not unduly restrictive of a fundamental right.
24	657		(c) If a person is released on parole, the parolee shall be given a
25	658		written statement of the conditions of parole. Signed copies of this
26	659		statement shall be:
27	660		(1) retained by the parolee;
28	661		(2) forwarded to any person charged with the parolee's
29	662		supervision; and
30	663		(3) placed in the parolee's master file.
31	664		(d) The parole board may modify parole conditions if the parolee
32	665		receives notice of that action and had ten (10) days after receipt of the
33	666		notice to express the parolee's views on the proposed modification.
34	667		This subsection does not apply to modification of parole conditions
35	668		after a revocation proceeding under section 10 of this chapter.
36		-	HEA 1004 — Concur 2
37	669		(e) As a condition of parole, the parole board may require the
38	670		parolee to reside in a particular parole area. In determining a parolee's
39	671		residence requirement, the parole board shall:
40	672		(1) consider:
41	673		(A) the residence of the parolee prior to the parolee's
42	674		incarceration; and
43	675		(B) the parolee's place of employment; and
	676	+	EH 1004—LS 6811/DI 131 16
44	677		(2) assign the parolee to reside in the county where the parolee
45	678		resided prior to the parolee's incarceration unless assignment on
46	679		this basis would be detrimental to the parolee's successful
47	680		reintegration into the community.
48	681		(f) As a condition of parole, the parole board may require the
49	682		parolee to:
50	683		(1) periodically undergo a laboratory chemical test (as defined in
51	684		IC 9-13-2-22) or series of tests to detect and confirm the presence
52	685		of a controlled substance (as defined in IC 35-48-1-9); and
53	686		(2) have the results of any test under this subsection reported to
54	687		the parole board by the laboratory.
55	688		The parolee is responsible for any charges resulting from a test
56	689		required under this subsection. However, a person's parole may not be
57	690		revoked on the basis of the person's inability to pay for a test under this
58	691		subsection.
59	692		(g) As a condition of parole, the parole board:
60	693		(1) may require a parolee who is a sex offender (as defined in
61	694		IC 11-8-8-4.5) to:
62	695		(A) participate in a treatment program for sex offenders
63	696		approved by the parole board; and
64	697		(B) avoid contact with any person who is less than sixteen (16)
65	698		years of age unless the parolee:
66	699		(i) receives the parole board's approval; or
67	700		(ii) successfully completes the treatment program referred to
68	701		in clause (A); and
69	702		(2) shall:
70	703		(A) require a parolee who is a sex or violent offender (as
71	704		defined in IC 11-8-8-5) to register with a local law
72	705		enforcement authority under IC 11-8-8;
73	706		(B) prohibit a parolee who is a sex offender from residing
74	707		within one thousand (1,000) feet of school property (as defined
75	708		in IC 35-31.5-2-285) for the period of parole, unless the sex
76	709		offender obtains written approval from the parole board;
77	710		(C) prohibit a parolee who is a sex offender convicted of a sex
78	711		offense (as defined in IC 35-38-2-2.5) from residing within
79		-	HEA 1004 — Concur 3
80	712		one (1) mile of the victim of the sex offender's sex offense
81	713		unless the sex offender obtains a waiver under IC 35-38-2-2.5;
82	714		(D) prohibit a parolee who is a sex offender from owning,
83	715		operating, managing, being employed by, or volunteering at
84	716		any attraction designed to be primarily enjoyed by children
85	717		less than sixteen (16) years of age;
86	718		(E) require a parolee who is a sex offender to consent:
	719	+	EH 1004—LS 6811/DI 131 17
87	720		(i) to the search of the sex offender's personal computer at
88	721		any time; and
89	722		(ii) to the installation on the sex offender's personal
90	723		computer or device with Internet capability, at the sex
91	724		offender's expense, of one (1) or more hardware or software
92	725		systems to monitor Internet usage; and
93	726		(F) prohibit the sex offender from:
94	727		(i) accessing or using certain web sites, chat rooms, or
95	728		instant messaging programs frequented by children; and
96	729		(ii) deleting, erasing, or tampering with information on the
97	730		sex offender's personal computer with intent to conceal an
98	731		activity prohibited by item (i).
99	732		The parole board may not grant a sexually violent predator (as defined
100	733		in IC 35-38-1-7.5) or a sex offender who is an offender against children
101	734		under IC 35-42-4-11 a waiver under subdivision (2)(B) or (2)(C). If the
102	735		parole board allows the sex offender to reside within one thousand
103	736		(1,000) feet of school property under subdivision (2)(B), the parole
104	737		board shall notify each school within one thousand (1,000) feet of the
105	738		sex offender's residence of the order.
106	739		(h) The address of the victim of a parolee who is a sex offender
107	740		convicted of a sex offense (as defined in IC 35-38-2-2.5) is
108	741		confidential, even if the sex offender obtains a waiver under
109	742		IC 35-38-2-2.5.
110	743		(i) As a condition of parole, the parole board may require a parolee
111	744		to participate in a reentry court program.
112	745		(j) This subsection does not apply to a person on lifetime parole.
113	746		As a condition of parole, the parole board shall require a parolee who
114	747		is a sexually violent predator under IC 35-38-1-7.5 or who is a sex or
115	748		violent offender (as defined in IC 11-8-8-5) to wear a monitoring
116	749		device (as described in IC 35-38-2.5-3) that can transmit information
117	750		twenty-four (24) hours each day regarding a person's precise location,
118	751		subject to a validated sex offender risk assessment, and subject to the
119	752		amount appropriated to the department for a monitoring program as a
120	753		condition of parole.
121	754		(k) As a condition of parole, the parole board may prohibit, in
122		-	HEA 1004 — Concur 4
123	755		accordance with IC 35-38-2-2.6, a parolee who has been convicted of
124	756		stalking from residing within one thousand (1,000) feet of the residence
125	757		of the victim of the stalking for a period that does not exceed five (5)
126	758		years.
127	759		(l) As a condition of parole, the parole board may prohibit a parolee
128	760		convicted of an offense under IC 35-46-3 from owning, harboring, or
129	761		training an animal, and, if the parole board prohibits a parolee
	762	+	EH 1004—LS 6811/DI 131 18
130	763		convicted of an offense under IC 35-46-3 from having direct or indirect
131	764		contact with an individual, the parole board may also prohibit the
132	765		parolee from having direct or indirect contact with any animal
133	766		belonging to the individual.
134	767		(m) As a condition of parole, the parole board may require a parolee
135	768		to receive:
136	769		(1) addiction counseling;
137	770		(2) inpatient detoxification;
138	771		(3) case management;
139	772		(4) daily living skills; and
140	773		(5) medication assisted treatment, including a federal Food and
141	774		Drug Administration approved long acting, nonaddictive
142	775		medication for the treatment of opioid or alcohol dependence.
143	776		(n) A parolee may be responsible for the reasonable expenses, as
144	777		determined by the department, of the parolee's participation in a
145	778		treatment or other program required as a condition of parole under this
146	779		section. However, a person's parole may not be revoked solely on the
147	780		basis of the person's inability to pay for a program required as a
148	781		condition of parole under this section.
149	782		(o) When an offender is placed on lifetime parole, the parole board
150	783		shall inform the sheriff and the prosecuting attorney of the county in
151	784		which the offender committed the offense:
152	785		(1) that the offender has been placed on lifetime parole; and
153	786		(2) whether the offender is required to wear a monitoring device
154	787		as described in subsection (j).
155	788		(p) (o) As a condition of parole, the parole board shall prohibit a
156	789		person convicted of an animal abuse offense (as defined in
157	790		IC 35-38-2-2.8) from owning, harboring, or training a companion
158	791		animal (as defined in IC 35-38-2-2.8).
159	792		SECTION 2. IC 11-13-3-11 IS ADDED TO THE INDIANA CODE
160	793		AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
161	794		1, 2022]: Sec. 11. (a) As used in this section, "Internet crime against
162	795		a child" means a conviction for a violation of:
163	796		(1) IC 35-42-4-4(b) or IC 35-42-4-4(c) (child exploitation);
164	797		(2) IC 35-42-4-4(d) or IC 35-42-4-4(e) (possession of child
165		-	HEA 1004 — Concur 5
166	798		pornography); or
167	799		(3) IC 35-42-4-6 (child solicitation).
168	800		(b) When a person is placed on lifetime parole, the department
169	801		shall provide the parolee with a written statement of the conditions
170	802		of lifetime parole. The parolee shall sign the statement, retain a
171	803		copy, and provide a copy to the department. The department shall
172	804		place the signed statement in the parolee's master file.
	805	+	EH 1004—LS 6811/DI 131 19
173	806		(c) As a condition of lifetime parole, the parole board shall:
174	807		(1) require a parolee who is a sexually violent predator (as
175	808		defined in IC 35-38-1-7.5) to:
176	809		(A) inform the parolee's parole agent of any changes to the
177	810		parolee's residence, employment, or contact information
178	811		not later than seventy-two (72) hours after the change;
179	812		(B) report to the parole agent as instructed;
180	813		(C) avoid contact with any person who is less than sixteen
181	814		(16) years of age, unless the parolee receives written
182	815		authorization from the parole board; and
183	816		(D) avoid contact with the victim of any sex crime
184	817		committed by that parolee, unless the parolee receives
185	818		written authorization from the parole board;
186	819		(2) prohibit a parolee who is a sexually violent predator
187	820		convicted of an Internet crime against a child from:
188	821		(A) accessing or using certain Internet web sites, chat
189	822		rooms, or instant messaging programs frequented by
190	823		children; and
191	824		(B) deleting, erasing, or tampering with data on the
192	825		parolee's personal computer;
193	826		(3) prohibit a parolee who is a sexually violent predator from
194	827		owning, operating, managing, being employed by, or
195	828		volunteering at an attraction designed to be primarily enjoyed
196	829		by a child less than sixteen (16) years of age; and
197	830		(4) require a parolee to allow the parolee's supervising parole
198	831		agent or another person authorized by the parole board to
199	832		visit the parolee's residence, real property, or place of
200	833		employment.
201	834		(d) As a condition of lifetime parole, the parole board may
202	835		require a sexually violent predator to participate in a sex offender
203	836		treatment program approved by the parole board.
204	837		(e) As a condition of lifetime parole, the parole board may
205	838		require a parolee who is:
206	839		(1) a sexually violent predator; or
207	840		(2) required to register as a sex or violent offender under
208		-	HEA 1004 — Concur 6
209	841		IC 11-8-8-5 due to a conviction for murder (IC 35-42-1-1) or
210	842		voluntary manslaughter (IC 35-42-1-3);
211	843		to wear a monitoring device (as described in IC 35-38-2.5-3) that
212	844		can transmit information twenty-four (24) hours each day
213	845		regarding a person's precise location, subject to a validated sex
214	846		offender risk assessment or appropriate violent offender risk
215	847		assessment, and subject to the amount appropriated to the
	848	+	EH 1004—LS 6811/DI 131 20
216	849		department for a monitoring program as a condition of lifetime
217	850		parole.
218	851		(f) When an offender is placed on lifetime parole, the parole
219	852		board shall inform the sheriff and the prosecuting attorney of the
220	853		offender's current county of residence:
221	854		(1) that the offender has been placed on lifetime parole; and
222	855		(2) whether the offender is required to wear a monitoring
223	856		device as described in subsection (e).
224	857		(g) The parole board may adopt rules under IC 4-22-2 to impose
225	858		additional conditions of lifetime parole and to implement this
226		-	section.
227		-	SECTION 3. IC 35-38-2.6-2 IS AMENDED TO READ AS
228		-	FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. As used in this
229		-	chapter, "community corrections program" means a program consisting
230		-	of residential centers and work release or electronic monitoring day
231		-	treatment, or day reporting that is:
232		-	(1) operated under a community corrections plan of a county and
233		-	funded at least in part by the state subsidy provided under
234		-	IC 11-12-2; or
235		-	(2) operated by or under contract with a court or county.
236		-	SECTION 4. IC 35-38-2.6-3, AS AMENDED BY P.L.111-2017,
237		-	SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
238		-	JULY 1, 2022]: Sec. 3. (a) The court may, at the time of sentencing,
239		-	suspend any portion of the sentence and order a person to be placed
240		-	in a community corrections program as an alternative to commitment
241		-	to the department of correction for the part of the sentence which
242		-	must be executed under IC 35-50-2-2.1 or IC 35-50-2-2.2. The court
243		-	may impose reasonable terms on the placement or require the director
244		-	of the community corrections program to impose reasonable terms on
245		-	the placement. A court shall require a person:
246		-	(1) who is described in IC 10-13-6-10(a);
247		-	(2) who has not previously provided a DNA sample in accordance
248		-	with IC 10-13-6; and
249		-	(3) whose sentence does not involve a commitment to the
250		-	department of correction;
251		-	HEA 1004 — Concur 7
252		-	to provide a DNA sample as a term of placement.
253		-	(b) Placement in a community corrections program under this
254		-	chapter is subject to the availability of residential beds or home
255		-	detention electronic monitoring units in a community corrections
256		-	program. However, this subsection does not prohibit placement on
257		-	home detention without electronic monitoring.
258		-	(c) A person placed under this chapter is responsible for the person's
259		-	own medical care while in the placement program.
260		-	(d) Placement under this chapter is subject to the community
261		-	corrections program receiving a The community corrections
262		-	program shall have access to and use an offender's written
263		-	presentence report or memorandum from a county probation agency,
264		-	if applicable, when determining the offender's eligibility for
265		-	placement.
266		-	SECTION 5. IC 35-38-2.6-4.2, AS ADDED BY P.L.105-2010,
267		-	SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
268		-	JULY 1, 2022]: Sec. 4.2. (a) A community corrections program shall
269		-	establish written criteria and procedures for determining if an offender
270		-	or alleged offender is eligible for direct placement supervision under
271		-	this chapter.
272		-	(b) The criteria and procedures established under subsection (a)
273		-	must establish a record keeping system that allows the department or
274		-	community corrections program to quickly determine if an offender or
275		-	alleged offender is in violation of the terms of a direct placement order
276		-	issued under this chapter.
277		-	(c) A community corrections program charged by a court with
278		-	supervision of offenders and alleged offenders ordered to be placed
279		-	directly in a community corrections program under this chapter shall
280		-	provide all law enforcement agencies, including any contract agency
281		-	(as defined in IC 35-38-2.5-2.5), having jurisdiction in the place where
282		-	a community corrections program is located with a list of offenders and
283		-	alleged offenders under direct placement supervision. The list must
284		-	include the following information about each offender: and alleged
285		-	offender:
286		-	(1) The offender's name, any known aliases, and the location of
287		-	the offender's direct placement under this chapter.
288		-	(2) The crime for which the offender was convicted.
289		-	(3) The date the offender's direct placement expires.
290		-	(4) The name, address, and telephone number of the offender's
291		-	supervising community corrections program officer for direct
292		-	placement under this chapter.
293		-	(5) An indication of whether the offender is a violent offender.
294		-	HEA 1004 — Concur 8
295		-	(d) Except as provided in IC 35-38-2.5-6(1), a community
296		-	corrections program charged by a court with supervision of offenders
297		-	and alleged offenders ordered to undergo direct placement under this
298		-	chapter shall, at the beginning of a period of the direct placement, set
299		-	any monitoring device (as defined in IC 35-38-2.5-3) and surveillance
300		-	equipment to minimize the possibility that the offender or alleged
301		-	offender may enter another residence or structure without the detection
302		-	of a violation.
303		-	(e) A community corrections program charged by a court with
304		-	supervision of offenders and alleged offenders ordered to undergo
305		-	direct placement under this chapter shall:
306		-	(1) maintain or contract with a contract agency to maintain
307		-	constant supervision of each offender and alleged offender as
308		-	described in subsection (f); and
309		-	(2) have adequate staff available twenty-four (24) hours each day
310		-	to respond if an offender or alleged offender violates the
311		-	conditions of the direct placement order under this chapter.
312		-	A community corrections program may contract with a contract agency
313		-	under this subsection only if the contract agency is able to comply with
314		-	subsection (f).
315		-	(f) A contract agency:
316		-	(1) that maintains supervision of an offender or alleged offender
317		-	under subsection (e)(1) shall follow the rules set by the local
318		-	community corrections advisory board as a part of community
319		-	corrections program direct placement written criteria and
320		-	procedures; and
321		-	(2) shall notify the contracting community corrections program
322		-	within one (1) hour if the offender or alleged offender violates the
323		-	conditions of the direct placement order. However, if a shorter
324		-	notification time is required by the community corrections
325		-	program, a community corrections advisory board must require a
326		-	contract agency to comply with the shorter notification
327		-	requirement for a direct placement order violation as if the
328		-	offender were serving a direct placement order as part of a
329		-	community corrections program.
330		-	(g) A community corrections program or contract agency charged
331		-	by a court with supervision of an offender or alleged offender placed
332		-	under direct placement under this chapter shall cause a local law
333		-	enforcement agency or contract agency described in this section to be
334		-	the initial agency contacted upon determining that the offender is in
335		-	violation of a direct placement order.
336		-	SECTION 6. IC 35-38-2.6-4.5, AS AMENDED BY P.L.105-2010,
337		-	HEA 1004 — Concur 9
338		-	SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
339		-	JULY 1, 2022]: Sec. 4.5. If a court places a person on home detention
340		-	any level of supervision as part of a community corrections program
341		-	under this chapter, the placement must comply with all applicable
342		-	provisions in IC 11-12 and IC 35-38-2.5.
343		-	SECTION 7. IC 35-38-2.6-6, AS AMENDED BY P.L.26-2019,
344		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
345		-	JULY 1, 2022]: Sec. 6. (a) As used in this section, "home" means the
346		-	actual living area of the temporary or permanent residence of a person.
347		-	(b) A person confined on home detention in a community
348		-	corrections program receives one (1) day of accrued time for each day
349		-	the person is confined on home detention, plus any earned good time
350		-	credit.
351		-	(c) In addition to accrued time under subsection (b), a person who
352		-	is placed in on a level of supervision as part of a community
353		-	corrections program under this chapter is entitled to earn good time
354		-	credit under IC 35-50-6-3 and IC 35-50-6-3.1. A person confined on
355		-	home detention placed on a level of supervision as part of a
356		-	community corrections program may not earn educational credit under
357		-	IC 35-50-6-3.3.
358		-	(d) The department of correction shall adopt rules under IC 4-22-2,
359		-	and may adopt emergency rules under IC 4-22-2-37.1, concerning the
360		-	deprivation of earned good time credit for a person who is placed in on
361		-	a level of supervision as part of a community corrections program
362		-	under this chapter.
363		-	(e) A person who is placed in on a level of supervision as part of
364		-	a community corrections program under this chapter may be deprived
365		-	of earned good time credit as provided under rules adopted by the
366		-	department of correction under IC 4-22-2, including IC 4-22-2-37.1.
367		-	SECTION 8. IC 35-38-2.6-7 IS AMENDED TO READ AS
368		-	FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 7. When a person
369		-	completes a placement program under this chapter, the court shall may
370		-	place the person on probation.
371		-	SECTION 9. IC 35-38-3-3, AS AMENDED BY P.L.156-2020,
	859	+	section.".
	860	+	Page 1, line 9, after "a" reset in roman "program".
	861	+	Page 1, line 9, delete "level of".
	862	+	Page 1, line 10, delete "supervision".
	863	+	Page 1, line 10, after "release" delete "," and insert "or".
	864	+	Page 1, line 11, delete "monitoring," and insert "monitoring".
	865	+	Page 1, line 11, strike "day treatment, or day reporting".
	866	+	Page 2, line 18, after "program." insert "However, this subsection
	867	+	does not prohibit placement on home detention without electronic
	868	+	monitoring.".
	869	+	Page 5, delete lines 4 through 42, begin a new paragraph and insert:
	870	+	"SECTION 6. IC 35-38-3-3, AS AMENDED BY P.L.156-2020,
372	871		SECTION 129, IS AMENDED TO READ AS FOLLOWS
373	872		[EFFECTIVE JULY 1, 2022]: Sec. 3. (a) Except as provided by
374	873		subsection (b), a person convicted of a misdemeanor may not be
375	874		committed to the department of correction.
376	875		(b) Upon a request from the sheriff, the commissioner may agree to
377	876		accept custody of a misdemeanant:
378	877		(1) if placement in the county jail:
379	878		(A) places the inmate in danger of serious bodily injury or
380		-	HEA 1004 — Concur 10
381	879		death; or
382	880		(B) represents a substantial threat to the safety of others;
383	881		(2) for other good cause shown; or
384	882		(3) if a person has more than five hundred forty-seven (547) days
385	883		remaining before the person's earliest release date as a result of:
386	884		(A) consecutive misdemeanor sentences; or
387	885		(B) a sentencing enhancement applied to a misdemeanor
388	886		sentence.
389	887		(c) After June 30, 2014, and before January 1, 2016, a court may not
390	888		commit a person convicted of a Level 6 felony to the department of
391	889		correction if the person's earliest possible release date is less than
392	890		ninety-one (91) days from the date of sentencing, unless the
	891	+	EH 1004—LS 6811/DI 131 21
393	892		commitment is due to the person violating a condition of probation,
394	893		parole, or community corrections by committing a new criminal
395	894		offense. This subsection applies only to a person convicted of a
396	895		Level 6 felony for an offense committed after June 30, 2022. A
397	896		court may commit a person convicted of a Level 6 felony for an
398	897		offense committed after June 30, 2022, to the department of
399	898		correction.
400	899		(d) This subsection applies only to a person convicted of a Level
401	900		6 felony for an offense committed before July 1, 2022. A court may
402	901		not commit a person convicted of a Level 6 felony for an offense
403	902		committed before July 1, 2022, to the department of correction
404	903		unless:
405	904		(1) the commitment is due to the revocation of the person's
406	905		sentence for violating probation, parole, or community corrections
407	906		and the revocation of the person's sentence is due to a new
408	907		criminal offense;
409	908		(2) the person is convicted of a Level 6 felony that was committed
410	909		in a penal facility; or
411	910		(3) the person:
412	911		(A) is convicted of a Level 6 felony and the sentence for that
413	912		felony is ordered to be served consecutively to the sentence for
414	913		another felony;
415	914		(B) is convicted of a Level 6 felony that is enhanced by an
416	915		additional fixed term under IC 35-50-2-8 through
417	916		IC 35-50-2-16;
418	917		(C) has received an enhanced sentence under IC 9-30-15.5-2;
419	918		(D) is a violent offender as defined in IC 35-31.5-2-352(1); or
420	919		(E) has two (2) prior unrelated felony convictions;
421	920		and the person's earliest possible release date is more than three
422	921		hundred sixty-five (365) days after the date of sentencing; or
423		-	HEA 1004 — Concur 11
424	922		(4) the commitment is due to an agreement made between the
425	923		sheriff and the department of correction under IC 11-12-6.5.
426	924		A person who may not be committed to the department of correction
427	925		may be placed on probation, committed to the county jail, or placed in
428	926		community corrections for assignment to an appropriate community
429	927		corrections program.
430	928		(e) Subject to appropriation from the general assembly, a sheriff is
431	929		entitled to a per diem and medical expense reimbursement from the
432	930		department of correction for the cost of incarcerating a person
433	931		described in subsections (c) and (d) in a county jail. The sheriff is
434	932		entitled to a per diem and medical expense reimbursement only for the
435	933		time that the person described in subsections (c) and (d) is incarcerated
	934	+	EH 1004—LS 6811/DI 131 22
436	935		in the county jail.
437	936		(f) Per diem and medical expense reimbursements received by a
438	937		county under this section or received by a county from the state under
439	938		any other law for the purpose of reimbursing sheriffs for the cost of
440	939		incarcerating in county jails persons convicted of felonies:
441	940		(1) shall be deposited in the county general fund; and
442	941		(2) upon appropriation by the county fiscal body, shall be used by
443	942		the county sheriff only for the purposes of paying the costs of
444	943		incarcerating in the county jail persons described in subsections
445	944		(c) and (d) or other persons convicted of felonies.
446	945		(g) The county auditor shall semiannually provide to the county
447	946		fiscal body and the county sheriff an itemized record of the per diem
448	947		and medical expense reimbursements received by the county under this
449	948		section or under any other law for the purpose of reimbursing sheriffs
450	949		for the cost of incarcerating persons convicted of felonies.
451		-	SECTION 10. IC 35-44.1-3-9, AS AMENDED BY P.L.95-2017,
	950	+	SECTION 7. IC 35-44.1-3-9, AS AMENDED BY P.L.95-2017,
452	951		SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
453	952		JULY 1, 2022]: Sec. 9. (a) A person who is being supervised on
454	953		lifetime parole (as described in IC 35-50-6-1) and who knowingly or
455	954		intentionally violates a condition of lifetime parole that involves direct
456	955		or indirect contact with a child less than sixteen (16) years of age or
457	956		with the victim of a crime that was committed by the person commits
458	957		criminal parole violation by a sexual predator, a Level 6 felony. A
459	958		person who is being supervised on lifetime parole (as described in
460	959		IC 35-50-6-1) and who knowingly or intentionally:
461	960		(1) violates a condition (including a special condition imposed
462	961		by the parole board) of lifetime parole; or
463	962		(2) without the authorization of the parole board, has direct
464	963		or indirect contact with:
465	964		(A) a child less than sixteen (16) years of age; or
466		-	HEA 1004 — Concur 12
467	965		(B) the victim of a sex offense committed by the person;
468	966		commits criminal violation of a lifetime parole condition, a Level
469	967		6 felony. However, (b) the offense described in subsection (a) is a
470	968		Level 5 felony if the person has a prior unrelated conviction under this
471	969		section.
472		-	SECTION 11. IC 35-50-6-0.5, AS AMENDED BY P.L.106-2020,
	970	+	SECTION 8. IC 35-50-6-0.5, AS AMENDED BY P.L.106-2020,
473	971		SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
474	972		JULY 1, 2022]: Sec. 0.5. The following definitions apply throughout
475	973		this chapter:
476	974		(1) "Accrued time" means the amount of time that a person is
477	975		imprisoned or confined. In determining the number of days a
478	976		person has been imprisoned or confined, a partial calendar
	977	+	EH 1004—LS 6811/DI 131 23
479	978		day is considered to be one (1) calendar day.
480	979		(2) "Calendar day" means the period of elapsed time that
481	980		begins at midnight and ends twenty-four (24) hours later at
482	981		the next midnight.
483	982		(2) (3) "Credit time" means the sum of a person's accrued time,
484	983		good time credit, and educational credit.
485	984		(3) (4) "Educational credit" means a reduction in a person's term
486	985		of imprisonment or confinement awarded for participation in an
487	986		educational, vocational, rehabilitative, or other program. The term
488	987		includes an individualized case management plan.
489	988		(4) (5) "Good time credit" means a reduction in a person's term of
490	989		imprisonment or confinement awarded for the person's good
491	990		behavior while imprisoned or confined.
492	991		(5) (6) "Individualized case management plan" means educational
493	992		credit which consists of a plan designed to address an
494	993		incarcerated person's risk of recidivism, and may include:
495	994		(A) addiction recovery treatment;
496	995		(B) mental health treatment;
497	996		(C) vocational education programming;
498	997		(D) adult basic education, a high school or high school
499	998		equivalency diploma, a college diploma, and any other
500	999		academic educational goal; or
501	1000		(E) any other programming or activity that encourages
502	1001		productive pursuits while a person is incarcerated and that
503	1002		may reduce the person's likelihood to recidivate after the
504	1003		person's release from incarceration.
505		-	SECTION 12. IC 35-50-6-3, AS AMENDED BY P.L.74-2015,
	1004	+	SECTION 9. IC 35-50-6-3, AS AMENDED BY P.L.74-2015,
506	1005		SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
507	1006		JULY 1, 2022]: Sec. 3. (a) This section applies to a person who
508	1007		commits an offense before July 1, 2014.
509		-	HEA 1004 — Concur 13
510	1008		(b) A person assigned to Class I earns one (1) day of good time
511	1009		credit for each calendar day or partial calendar day the person is
512	1010		imprisoned for a crime or confined awaiting trial or sentencing.
513	1011		(c) A person assigned to Class II earns one (1) day of good time
514	1012		credit for every two (2) calendar days or partial calendar days the
515	1013		person is imprisoned for a crime or confined awaiting trial or
516	1014		sentencing.
517	1015		(d) A person assigned to Class III earns no good time credit.
518	1016		(e) A person assigned to Class IV earns one (1) day of good time
519	1017		credit for every six (6) calendar days or partial calendar days the
520	1018		person is imprisoned for a crime or confined awaiting trial or
521	1019		sentencing.
522		-	SECTION 13. IC 35-50-6-3.1, AS AMENDED BY P.L.106-2020,
	1020	+	EH 1004—LS 6811/DI 131 24
	1021	+	SECTION 10. IC 35-50-6-3.1, AS AMENDED BY P.L.106-2020,
523	1022		SECTION 3 AND P.L.142-2020, SECTION 87, IS AMENDED TO
524	1023		READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3.1. (a) This
525	1024		section applies to a person who commits an offense after June 30,
526	1025		2014.
527	1026		(b) A person assigned to Class A earns one (1) day of good time
528	1027		credit for each calendar day or partial calendar day the person is
529	1028		imprisoned for a crime or confined awaiting trial or sentencing.
530	1029		(c) A person assigned to Class B earns one (1) day of good time
531	1030		credit for every three (3) calendar days or partial calendar days the
532	1031		person is imprisoned for a crime or confined awaiting trial or
533	1032		sentencing.
534	1033		(d) A person assigned to Class C earns one (1) day of good time
535	1034		credit for every six (6) calendar days or partial calendar days the
536	1035		person is imprisoned for a crime or confined awaiting trial or
537	1036		sentencing.
538	1037		(e) A person assigned to Class D earns no good time credit.
539	1038		(f) A person assigned to Class P earns one (1) day of good time
540	1039		credit for every four (4) calendar days or partial calendar days the
541	1040		person serves on pretrial home detention awaiting trial. A person
542	1041		assigned to Class P does not earn accrued time for time served on
543		-	pretrial home detention awaiting trial.
544		-	HEA 1004 — Concur Speaker of the House of Representatives
545		-	President of the Senate
546		-	President Pro Tempore
547		-	Governor of the State of Indiana
548		-	Date: Time:
549		-	HEA 1004 — Concur
	1042	+	pretrial home detention awaiting trial.".
	1043	+	Delete page 6.
	1044	+	Renumber all SECTIONS consecutively.
	1045	+	and when so amended that said bill do pass and be reassigned to the
	1046	+	Senate Committee on Appropriations.
	1047	+	(Reference is to HB 1004 as printed January 6, 2022.)
	1048	+	YOUNG M, Chairperson
	1049	+	Committee Vote: Yeas 7, Nays 1.
	1050	+	EH 1004—LS 6811/DI 131