Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1294
AN ACT to amend the Indiana Code concerning corrections.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 11-8-1-11 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2022]: Sec. 11. "Pregnant inmate" has the meaning set forth in
IC 11-10-3.5-1.
SECTION 2. IC 11-8-1-12 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2022]: Sec. 12. "Restraints" has the meaning set forth in
IC 11-10-3.5-1.
SECTION 3. IC 11-8-1-13 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2022]: Sec. 13. Except as otherwise provided, "violent offense"
has the meaning set forth in IC 11-12-3.7-6.
SECTION 4. IC 11-10-3-3 IS REPEALED [EFFECTIVE JULY 1,
2022]. Sec. 3. Necessary prenatal and postnatal care and treatment shall
be provided consistent with acceptable medical practice and standards.
When possible, arrangements shall be made for children to be born in
a hospital outside the correctional facility. If a child is born in a
correctional facility, this fact may not be mentioned on the birth
certificate.
SECTION 5. IC 11-10-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]:
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Chapter 3.5. Pregnant Inmates
Sec. 1. The following definitions apply throughout this chapter:
(1) "Correctional facility" has the meaning set forth in
IC 5-1.2-2-11.
(2) "Pregnant inmate" means a confined person who is
pregnant.
(3) "Restraints" means any mechanical device used to control
the movement of a pregnant inmate's body or limbs, including
handcuffs, leg shackles, and belly chains.
Sec. 2. Necessary prenatal and postnatal care and treatment
shall be provided consistent with acceptable medical practice and
standards. When possible, arrangements shall be made for children
to be born in a hospital outside the correctional facility. If a child
is born in a correctional facility, this fact may not be mentioned on
the birth certificate.
Sec. 3. (a) A correctional facility may restrain an inmate known
to be pregnant if an individualized determination is made by the
correctional facility that restraints are reasonably necessary for
the legitimate safety and security needs of the pregnant inmate,
staff, other inmates, or the public.
(b) If restraints are determined to be necessary, the restraints
must be the least restrictive available and the most reasonable
under the circumstances. A correctional facility may do the
following:
(1) Use the least restrictive restraints necessary on a pregnant
inmate when the pregnant inmate is in the second or third
trimester of pregnancy.
(2) Use no restraints on a pregnant inmate:
(A) who is in labor;
(B) delivering a baby;
(C) during the immediate postdelivery period; or
(D) dealing with a medical emergency related to the
pregnancy.
(c) A correctional facility may use the least restrictive restraints
necessary on a pregnant inmate described in subsection (b)(1) if the
correctional facility has actual or constructive knowledge that the
pregnant inmate is in the second or third trimester of pregnancy.
(d) A correctional facility may only use the least restrictive
restraints necessary on a pregnant inmate described in subsection
(b)(2) if:
(1) the pregnant inmate presents an immediate danger to the
pregnant inmate or to others; or
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(2) the pregnant inmate is a substantial flight risk and cannot
be contained by any other reasonable means.
(e) A correctional facility may restrain a pregnant inmate while
the inmate is being transported if the restraints are applied in such
a way that the pregnant inmate may be able to protect the inmate
and the inmate's fetus in the event of a forward fall.
Sec. 4. The warden of each correctional facility housing a
pregnant inmate shall ensure that staff members of the facility who
come into contact with pregnant inmates incarcerated at the
facility are provided training concerning the requirements under
this chapter.
SECTION 6. IC 11-12-3.7-6, AS AMENDED BY P.L.142-2020,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 6. As used in this chapter, "violent offense" means
one (1) or more of the following offenses:
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Battery (IC 35-42-2-1) as a:
(A) Class A felony, Class B felony, or Class C felony (for a
crime committed before July 1, 2014); or
(B) Level 2 felony, Level 3 felony, or Level 5 felony (for a
crime committed after June 30, 2014).
(8) Kidnapping (IC 35-42-3-2).
(9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8 that
is a:
(A) Class A felony, Class B felony, or Class C felony (for a
crime committed before July 1, 2014); or
(B) Level 1 felony, Level 2 felony, Level 3 felony, Level 4
felony, or Level 5 felony (for a crime committed after June 30,
2014).
(10) Sexual misconduct with a minor (IC 35-42-4-9) as a:
(A) Class A felony or Class B felony (for a crime committed
before July 1, 2014); or
(B) Level 1 felony, Level 2 felony, or Level 4 felony (for a
crime committed after June 30, 2014).
(11) Incest (IC 35-46-1-3).
(12) Robbery (IC 35-42-5-1) as a:
(A) Class A felony or a Class B felony (for a crime committed
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before July 1, 2014); or
(B) Level 2 felony or Level 3 felony (for a crime committed
after June 30, 2014).
(13) Burglary (IC 35-43-2-1) as a:
(A) Class A felony or a Class B felony (for a crime committed
before July 1, 2014); or
(B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
felony (for a crime committed after June 30, 2014).
(14) Carjacking (IC 35-42-5-2) (repealed).
(15) Assisting a criminal (IC 35-44.1-2-5) as a:
(A) Class C felony (for a crime committed before July 1,
2014); or
(B) Level 5 felony (for a crime committed after June 30,
2014).
(16) Escape (IC 35-44.1-3-4) as a:
(A) Class B felony or Class C felony (for a crime committed
before July 1, 2014); or
(B) Level 4 felony or Level 5 felony (for a crime committed
after June 30, 2014).
(17) Trafficking with an inmate (IC 35-44.1-3-5) as a:
(A) Class C felony (for a crime committed before July 1,
2014); or
(B) Level 5 felony (for a crime committed after June 30,
2014).
(18) Causing death or catastrophic injury when operating a
vehicle (IC 9-30-5-5).
(19) Criminal confinement (IC 35-42-3-3) as a:
(A) Class B felony (for a crime committed before July 1,
2014); or
(B) Level 3 felony (for a crime committed after June 30,
2014).
(20) Arson (IC 35-43-1-1) as a:
(A) Class A or Class B felony (for a crime committed before
July 1, 2014); or
(B) Level 2, Level 3, or Level 4 felony (for a crime committed
after June 30, 2014).
(21) Possession, use, or manufacture of a weapon of mass
destruction (IC 35-46.5-2-1) (or IC 35-47-12-1 before its repeal).
(22) Terroristic mischief (IC 35-46.5-2-3) (or IC 35-47-12-3
before its repeal) as a:
(A) Class B felony (for a crime committed before July 1,
2014); or
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(B) Level 4 felony (for a crime committed after June 30,
2014).
(23) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
(24) A violation of IC 35-47.5 (controlled explosives) as a:
(A) Class A or Class B felony (for a crime committed before
July 1, 2014); or
(B) Level 2 or Level 4 felony (for a crime committed after
June 30, 2014).
(25) Domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
3 felony, or Level 5 felony.
(26) Sexual misconduct with a service provider (35-44.1-3-10)
as a Level 4 felony.
(26) (27) Any other crimes evidencing a propensity or history of
violence.
SECTION 7. IC 11-12-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) The department
shall adopt under IC 4-22-2 minimum standards for county jails
governing:
(1) general physical and environmental conditions;
(2) services and programs to be provided to confined persons; and
(3) procedures for the care and control of confined persons that
are necessary to ensure the health and safety of confined persons,
the security of the jail, and public safety; and
(4) the restraint of pregnant inmates. Rules adopted under
this subdivision must be consistent with IC 11-10-3.5.
However, the department may not adopt any standard that prohibits the
placement of more than one (1) prisoner in a prisoner cell that has
thirty-five (35) square feet or more of floor space per prisoner.
(b) The standards must be sufficiently flexible to foster the
development of new and improved practices and to accommodate local
needs and circumstances. The standards must be consistent with the
laws of Indiana and the rules of the state department of health and the
fire prevention and building safety commission.
(c) The commissioner shall select a committee of not less than five
(5) county sheriffs to consult with the department before and during the
drafting of the proposed minimum standards. County sheriffs shall be
selected from the various classes of counties to ensure that densely,
moderately, and sparsely populated counties are represented. Each
county sheriff is entitled to the minimum salary per diem as provided
in IC 4-10-11-2.1 for each day engaged in the official business of the
committee and to reimbursement for traveling and other expenses, as
provided in the state travel policies and procedures established by the
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Indiana department of administration and approved by the budget
agency.
(d) At least sixty (60) days before setting the date for a public
hearing under IC 4-22-2, the department shall forward copies of the
proposed minimum standards to each county sheriff and each board of
county commissioners and shall solicit their views and suggestions.
SECTION 8. IC 35-42-4-1, AS AMENDED BY P.L.168-2014,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 1. (a) Except as provided in subsection (b), a
person who knowingly or intentionally has sexual intercourse with
another person or knowingly or intentionally causes another person to
perform or submit to other sexual conduct (as defined in
IC 35-31.5-2-221.5) when:
(1) the other person is compelled by force or imminent threat of
force;
(2) the other person is unaware that the sexual intercourse or other
sexual conduct (as defined in IC 35-31.5-2-221.5) is occurring; or
(3) the other person is so mentally disabled or deficient that
consent to sexual intercourse or other sexual conduct (as defined
in IC 35-31.5-2-221.5) cannot be given;
commits rape, a Level 3 felony.
(b) An offense described in subsection (a) is a Level 1 felony if:
(1) it is committed by using or threatening the use of deadly force;
(2) it is committed while armed with a deadly weapon;
(3) it results in serious bodily injury to a person other than a
defendant; or
(4) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
(c) In addition to any other penalty imposed for a violation of
this section, the court shall order the person to pay restitution
under IC 35-50-5-3 for expenses related to pregnancy and
childbirth if the pregnancy is a result of the offense.
SECTION 9. IC 35-42-4-3, AS AMENDED BY P.L.190-2021,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3. (a) A person who, with a child under fourteen
(14) years of age, knowingly or intentionally performs or submits to
sexual intercourse or other sexual conduct (as defined in
IC 35-31.5-2-221.5) commits child molesting, a Level 3 felony.
However, the offense is a Level 1 felony if:
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(1) it is committed by a person at least twenty-one (21) years of
age;
(2) it is committed by using or threatening the use of deadly force
or while armed with a deadly weapon;
(3) it results in serious bodily injury;
(4) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge; or
(5) it results in the transmission of a serious sexually transmitted
disease and the person knew that the person was infected with the
disease.
(b) A person who, with a child under fourteen (14) years of age,
performs or submits to any fondling or touching, of either the child or
the older person, with intent to arouse or to satisfy the sexual desires of
either the child or the older person, commits child molesting, a Level
4 felony. However, the offense is a Level 2 felony if:
(1) it is committed by using or threatening the use of deadly force;
(2) it is committed while armed with a deadly weapon; or
(3) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
(c) A person may be convicted of attempted child molesting of an
individual at least fourteen (14) years of age if the person believed the
individual to be a child under fourteen (14) years of age at the time the
person attempted to commit the offense.
(d) It is a defense to a prosecution under this section that the
accused person reasonably believed that the child was sixteen (16)
years of age or older at the time of the conduct, unless:
(1) the offense is committed by using or threatening the use of
deadly force or while armed with a deadly weapon;
(2) the offense results in serious bodily injury; or
(3) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
(e) In addition to any other penalty imposed for a violation of
this section, the court shall order the person to pay restitution
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under IC 35-50-5-3 for expenses related to pregnancy and
childbirth if the pregnancy is a result of the offense.
SECTION 10. IC 35-44.1-3-10, AS AMENDED BY P.L.185-2014,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 10. (a) The following definitions apply throughout
this section:
(1) "Lawful supervision" means supervision by:
(A) the department of correction;
(B) a court;
(C) a probation department;
(D) a community corrections program, a community transition
program, or another similar program; or
(E) parole.
(2) "Service provider" means:
(A) with respect to a person subject to lawful detention:
(i) a public servant;
(ii) a person employed by a governmental entity; or
(iii) a person who provides goods or services to a person
who is subject to lawful detention; and
(B) with respect to a person subject to lawful supervision:
(i) a public servant whose official duties include the
supervision of the person subject to lawful supervision;
(ii) a person employed by a governmental entity to provide
supervision for the person subject to lawful supervision; or
(iii) a person who is employed by or contracts with a
governmental entity to provide treatment or other services to
the person subject to lawful supervision as a condition of the
person's lawful supervision.
(b) A service provider who knowingly or intentionally engages in
sexual intercourse or other sexual conduct (as defined in
IC 35-31.5-2-221.5) with a person who is subject to lawful detention
or lawful supervision commits sexual misconduct, a Level 5 felony.
(c) A service provider at least eighteen (18) years of age who
knowingly or intentionally engages in sexual intercourse or other
sexual conduct (as defined in IC 35-31.5-2-221.5) with a person who
is:
(1) less than eighteen (18) years of age; and
(2) subject to lawful detention or lawful supervision;
commits sexual misconduct, a Level 4 felony.
(d) In addition to any other penalty imposed for a violation of
this section, the court shall order the person to pay restitution
under IC 35-50-5-3 for expenses related to pregnancy and
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childbirth if the pregnancy is a result of the offense.
(d) (e) It is not a defense that an act described in subsection (b) or
(c) was consensual.
(e) This section does not apply to sexual intercourse or other sexual
conduct (as defined in IC 35-31.5-2-221.5) between spouses.
HEA 1294 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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