1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1279 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 11-10-12-2. |
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7 | 7 | | Synopsis: Release of offender to county of residence. Requires the |
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8 | 8 | | department of correction to transport a released offender to the county |
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9 | 9 | | of residence at the time of the conviction unless certain criteria are met. |
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10 | 10 | | Effective: July 1, 2022. |
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11 | 11 | | Moed |
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12 | 12 | | January 10, 2022, read first time and referred to Committee on Courts and Criminal Code. |
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13 | 13 | | 2022 IN 1279—LS 6775/DI 149 Introduced |
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14 | 14 | | Second Regular Session of the 122nd General Assembly (2022) |
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15 | 15 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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16 | 16 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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17 | 17 | | additions will appear in this style type, and deletions will appear in this style type. |
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18 | 18 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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19 | 19 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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20 | 20 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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21 | 21 | | a new provision to the Indiana Code or the Indiana Constitution. |
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22 | 22 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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23 | 23 | | between statutes enacted by the 2021 Regular Session of the General Assembly. |
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24 | 24 | | HOUSE BILL No. 1279 |
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25 | 25 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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26 | 26 | | corrections. |
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27 | 27 | | Be it enacted by the General Assembly of the State of Indiana: |
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28 | 28 | | 1 SECTION 1. IC 11-10-12-2 IS AMENDED TO READ AS |
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29 | 29 | | 2 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) When a |
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30 | 30 | | 3 committed criminal offender is released on parole or probation or is |
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31 | 31 | | 4 discharged, the department, at the discretion of the department and |
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32 | 32 | | 5 subject to subsection (b), shall: |
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33 | 33 | | 6 (1) either: |
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34 | 34 | | 7 (A) procure transportation for him the released offender to |
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35 | 35 | | 8 his the released offender's designated place of residence; |
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36 | 36 | | 9 (B) procure public transportation for the released offender to |
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37 | 37 | | 10 the Indiana city or town that is nearest to the released |
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38 | 38 | | 11 offender's designated place of residence; or |
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39 | 39 | | 12 (C) upon request of the offender, provide transportation for the |
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40 | 40 | | 13 released offender to any other place in Indiana as the |
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41 | 41 | | 14 commissioner may designate; and |
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42 | 42 | | 15 (2) provide him the released offender with an amount of money |
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43 | 43 | | 16 to be determined by the department in accordance with |
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44 | 44 | | 17 procedures approved by the budget agency to enable him the |
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45 | 45 | | 2022 IN 1279—LS 6775/DI 149 2 |
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46 | 46 | | 1 released offender to meet his the released offender's immediate |
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47 | 47 | | 2 needs. |
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48 | 48 | | 3 Except as provided in subdivision (2), a criminal offender is not |
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49 | 49 | | 4 entitled to receive a payment in lieu of transportation under this |
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50 | 50 | | 5 subsection. |
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51 | 51 | | 6 (b) The department may not provide or procure transportation |
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52 | 52 | | 7 to a county other than the released offender's county of residence |
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53 | 53 | | 8 at the time of the conviction, unless the department has the |
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54 | 54 | | 9 permission of: |
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55 | 55 | | 10 (1) the community corrections advisory board; or |
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56 | 56 | | 11 (2) a court exercising criminal jurisdiction; |
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57 | 57 | | 12 in the other county. |
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58 | 58 | | 13 (b) (c) The department shall establish standards for use in |
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59 | 59 | | 14 determining the amount of money to be paid under subsection (a)(2) to |
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60 | 60 | | 15 a criminal an offender upon release on parole or probation or upon |
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61 | 61 | | 16 discharge. These standards: |
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62 | 62 | | 17 (1) must be consistently applied to each criminal offender upon |
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63 | 63 | | 18 release or discharge; |
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64 | 64 | | 19 (2) must take into account amounts earned by criminal offenders |
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65 | 65 | | 20 through work release programs before release or discharge; and |
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66 | 66 | | 21 (3) may allow for no payment to criminal offenders who are |
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67 | 67 | | 22 determined by the department to have accumulated a sufficient |
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68 | 68 | | 23 amount of money to meet the criminal offender's immediate needs |
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69 | 69 | | 24 upon release or discharge. |
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70 | 70 | | 2022 IN 1279—LS 6775/DI 149 |
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