Indiana 2022 Regular Session

Indiana House Bill HB1165 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1165
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 2-5-46.5; IC 2-5-46.6.
7	7	Synopsis: Criminal justice study committee and reform. Establishes
8	8	the criminal justice study committee (committee) to conduct a
9	9	multiyear, comprehensive study of the criminal justice system.
10	10	Establishes the criminal justice reform commission (commission).
11	11	Provides for the: (1) membership; (2) membership terms; (3)
12	12	appointing authorities; (4) quorum requirements; (5) reporting
13	13	requirements; (6) member per diems; and (7) study topics; for the
14	14	commission.
15	15	Effective: Upon passage.
16	16	Bartlett
17	17	January 6, 2022, read first time and referred to Committee on Rules and Legislative
18	18	Procedures.
19	19	2022 IN 1165—LS 6040/DI 139 Introduced
20	20	Second Regular Session of the 122nd General Assembly (2022)
21	21	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
22	22	Constitution) is being amended, the text of the existing provision will appear in this style type,
23	23	additions will appear in this style type, and deletions will appear in this style type.
24	24	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
25	25	provision adopted), the text of the new provision will appear in this style type. Also, the
26	26	word NEW will appear in that style type in the introductory clause of each SECTION that adds
27	27	a new provision to the Indiana Code or the Indiana Constitution.
28	28	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
29	29	between statutes enacted by the 2021 Regular Session of the General Assembly.
30	30	HOUSE BILL No. 1165
31	31	A BILL FOR AN ACT to amend the Indiana Code concerning the
32	32	general assembly.
33	33	Be it enacted by the General Assembly of the State of Indiana:
34	34	1 SECTION 1. IC 2-5-46.5 IS ADDED TO THE INDIANA CODE
35	35	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
36	36	3 UPON PASSAGE]:
37	37	4 Chapter 46.5. Criminal Justice Study Committee
38	38	5 Sec. 1. As used in this chapter, "committee" means the criminal
39	39	6 justice study committee established by section 2 of this chapter.
40	40	7 Sec. 2. The criminal justice study committee is established.
41	41	8 Sec. 3. (a) The committee consists of the following members:
42	42	9 (1) The members of the house of representatives standing
43	43	10 committee on courts and criminal code.
44	44	11 (2) The members of the senate standing committee on
45	45	12 corrections and criminal law.
46	46	13 (3) Lay members appointed by the members of the personnel
47	47	14 subcommittee of the legislative council as follows:
48	48	15 (A) One (1) member appointed by the speaker of the house
49	49	16 of representatives with expertise in criminal law and
50	50	17 procedure.
51	51	2022 IN 1165—LS 6040/DI 139 2
52	52	1 (B) One (1) member appointed by the minority leader of
53	53	2 the house of representatives with expertise in providing
54	54	3 mental health services to incarcerated individuals.
55	55	4 (C) One (1) member appointed by the president pro
56	56	5 tempore of the senate with expertise in providing education
57	57	6 services to incarcerated individuals.
58	58	7 (D) One (1) member appointed by the minority leader of
59	59	8 the senate with expertise in providing vocational skills
60	60	9 training to incarcerated individuals.
61	61	10 (b) A vacancy on the committee must be filled by the original
62	62	11 appointing authority.
63	63	12 Sec. 4. (a) The president pro tempore of the senate shall appoint
64	64	13 a member of the committee to serve as chairperson of the
65	65	14 committee for the 2022 interim.
66	66	15 (b) The speaker of the house of representatives shall appoint a
67	67	16 member of the committee to serve as chairperson of the committee
68	68	17 for the 2023 interim.
69	69	18 Sec. 5. The committee is:
70	70	19 (1) under the jurisdiction of the legislative council; and
71	71	20 (2) subject to the resolutions adopted by the legislative council
72	72	21 to govern interim study committees.
73	73	22 Sec. 6. Unless specifically authorized by the legislative council
74	74	23 in a resolution described in section 5 of this chapter, the
75	75	24 chairperson of the committee may not create subcommittees.
76	76	25 Sec. 7. The committee shall do the following:
77	77	26 (1) Conduct a multiyear, comprehensive study of the criminal
78	78	27 justice system.
79	79	28 (2) Study all aspects of the criminal justice system from an
80	80	29 individual's first encounter with law enforcement in a
81	81	30 particular case through the disposition of the case, including
82	82	31 periods of incarceration in a county jail or a facility operated
83	83	32 by the department of correction.
84	84	33 (3) Evaluate the state's compliance with Article 1, Section 18
85	85	34 of the Constitution of the State of Indiana, which provides
86	86	35 that "The penal code shall be founded on the principles of
87	87	36 reformation, and not of vindictive justice.".
88	88	37 (4) Study ways to enhance rehabilitative services provided by
89	89	38 the criminal justice system, including opportunities for the
90	90	39 early release of an individual who demonstrates that the
91	91	40 individual has been rehabilitated and is unlikely to commit
92	92	41 another offense and has acquired the education, skills, or both
93	93	42 necessary to find employment if released from incarceration
94	94	2022 IN 1165—LS 6040/DI 139 3
95	95	1 before the end of the individual's sentence.
96	96	2 (5) Study issues concerning individuals who are mentally ill at
97	97	3 the time of their incarceration and ways to reduce the number
98	98	4 of individuals incarcerated through the prevention, detection,
99	99	5 and treatment of mental illness.
100	100	6 (6) Study the impact of substance use disorders on the
101	101	7 criminal justice system.
102	102	8 (7) Study the impact of the mental health of the homeless on
103	103	9 the criminal justice system.
104	104	10 Sec. 8. This chapter expires January 1, 2024.
105	105	11 SECTION 2. IC 2-5-46.6 IS ADDED TO THE INDIANA CODE
106	106	12 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
107	107	13 UPON PASSAGE]:
108	108	14 Chapter 46.6. Criminal Justice Reform Commission
109	109	15 Sec. 1. As used in this chapter, "commission" means the
110	110	16 criminal justice reform commission established by section 2 of this
111	111	17 chapter.
112	112	18 Sec. 2. The criminal justice reform commission is established.
113	113	19 Sec. 3. (a) The commission consists of the following members:
114	114	20 (1) Two (2) members appointed by the president pro tempore
115	115	21 of the senate who are not affiliated with the same political
116	116	22 party.
117	117	23 (2) Two (2) members appointed by the speaker of the house of
118	118	24 representatives who are not affiliated with the same political
119	119	25 party.
120	120	26 (3) Two (2) members appointed by the commissioner of the
121	121	27 department of correction who are of different genders.
122	122	28 (4) One (1) member appointed by the chairperson of the
123	123	29 Indiana black legislative caucus or a person of comparable
124	124	30 executive authority in the event of a successor entity or
125	125	31 caucus.
126	126	32 (5) One (1) member appointed by the president of the Indiana
127	127	33 state conference of the National Association for the
128	128	34 Advancement of Colored People (NAACP) or a person of
129	129	35 comparable executive authority in the event of a successor
130	130	36 entity.
131	131	37 (b) If a legislative member of the commission ceases to be a
132	132	38 member of the chamber from which the member was appointed,
133	133	39 the person ceases to be a member of the commission.
134	134	40 (c) The term of a member is two (2) years.
135	135	41 (d) If:
136	136	42 (1) the term of a member expires;
137	137	2022 IN 1165—LS 6040/DI 139 4
138	138	1 (2) the member is not reappointed; and
139	139	2 (3) a successor is not appointed;
140	140	3 the term of the member continues until a successor is appointed.
141	141	4 Sec. 4. (a) For calendar year 2022 and every fourth year
142	142	5 thereafter, the president pro tempore of the senate shall appoint a
143	143	6 chairperson and a vice chairperson from among the commission's
144	144	7 legislative members, each to serve a term of two (2) years.
145	145	8 (b) For calendar year 2024 and every fourth year thereafter, the
146	146	9 speaker of the house of representatives shall appoint a chairperson
147	147	10 and a vice chairperson from among the commission's legislative
148	148	11 members, each to serve a term of two (2) years.
149	149	12 Sec. 5. (a) A vacancy on the commission shall be filled by the
150	150	13 original appointing authority.
151	151	14 (b) If the office of chairperson or vice chairperson of the
152	152	15 commission becomes vacant, the commission shall elect a person to
153	153	16 fill the vacancy from among the legislative members of the
154	154	17 commission.
155	155	18 Sec. 6. The affirmative votes of a majority of the voting
156	156	19 members appointed to the commission are required for the
157	157	20 commission to take action on any measure, including final reports.
158	158	21 Sec. 7. (a) The commission shall operate under the resolutions
159	159	22 governing interim study committees adopted by the legislative
160	160	23 council.
161	161	24 (b) The commission may, in accordance with the resolutions
162	162	25 governing interim study committees, adopt rules and create
163	163	26 committees consisting of its members in order to conduct its
164	164	27 business.
165	165	28 Sec. 8. Each legislative member and each lay member of the
166	166	29 commission is entitled to receive the same per diem, mileage, and
167	167	30 travel allowances paid to individuals serving as legislative and lay
168	168	31 members, respectively, on an interim study committee established
169	169	32 by the legislative council.
170	170	33 Sec. 9. The commission shall do the following:
171	171	34 (1) Review criminal sentencing statutes and make
172	172	35 recommendations designed to ensure appropriate and
173	173	36 proportional criminal sentencing.
174	174	37 (2) Analyze diversion programs and make recommendations
175	175	38 concerning the funding, expansion, and standardization of
176	176	39 diversion programs.
177	177	40 (3) Review community supervision levels and programs
178	178	41 available for individuals serving sentences for felony
179	179	42 convictions.
180	180	2022 IN 1165—LS 6040/DI 139 5
181	181	1 (4) Study and make recommendations concerning the
182	182	2 creation, implementation, and funding of specialty courts.
183	183	3 (5) Survey and make recommendations concerning evidence
184	184	4 based programs for individuals who have committed criminal
185	185	5 offenses and are serving their sentences in correctional
186	186	6 facilities and in the community.
187	187	7 (6) Review department of correction policies for placement of
188	188	8 individuals who have committed criminal offenses and make
189	189	9 recommendations concerning the use and implementation of
190	190	10 specialty facilities for individuals who are incarcerated with
191	191	11 the department of correction and have geriatric, health care,
192	192	12 or addiction issues.
193	193	13 (7) Evaluate existing information management data systems
194	194	14 and recommend improvements to facilitate the efficient
195	195	15 monitoring of the criminal justice system.
196	196	16 (8) Study, review, analyze, and consider any other matter that
197	197	17 may improve the efficiency or efficacy of the criminal justice
198	198	18 system.
199	199	19 Sec. 10. Not later than December 1 of each year, the commission
200	200	20 shall prepare a report containing the commission's findings and
201	201	21 recommendations. A report issued under this section shall be:
202	202	22 (1) made available to the general assembly; and
203	203	23 (2) in an electronic format under IC 5-14-6.
204	204	24 SECTION 3. An emergency is declared for this act.
205	205	2022 IN 1165—LS 6040/DI 139