Indiana 2022 Regular Session

Indiana Senate Bill SB0181 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB0181.1~~
2		-	~~January 26, 2022~~
	1	+
	2	+	Introduced Version
3	3		SENATE BILL No. 181
4	4		_____
5		-	DIGEST OF ~~SB 181 (Updated January 25, 2022 11:11 am - DI 140)~~
6		-	Citations Affected: IC 11-13; IC 35-44.1; IC 35-50.
	5	+	DIGEST OF INTRODUCED BILL
	6	+	Citations Affected: IC 11-13-3; IC 35-44.1-3-9; IC 35-50-6.
7	7		Synopsis: Department of correction matters. Establishes certain
8	8		conditions of parole for a person on lifetime parole and makes the
9	9		violation of parole conditions and commission of specified other acts
10	10		by a person on lifetime parole a Level 6 felony, with an enhancement
11	11		to a Level 5 felony for a second or subsequent offense. Provides that,
12	12		for purposes of calculating accrued time and good time credit, a
13	13		calendar day includes a partial calendar day.
14	14		Effective: July 1, 2022.
15		-	Freeman~~, Sandlin, Young M~~
	15	+	Freeman
16	16		January 6, 2022, read first time and referred to Committee on Corrections and Criminal
17	17		Law.
18		-	January 25, 2022, reported favorably — Do Pass.
19		-	SB 181—LS 6840/DI 106 January 26, 2022
	18	+	2022 IN 181—LS 6840/DI 106 Introduced
20	19		Second Regular Session of the 122nd General Assembly (2022)
21	20		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
22	21		Constitution) is being amended, the text of the existing provision will appear in this style type,
23	22		additions will appear in this style type, and deletions will appear in this style type.
24	23		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
25	24		provision adopted), the text of the new provision will appear in this style type. Also, the
26	25		word NEW will appear in that style type in the introductory clause of each SECTION that adds
27	26		a new provision to the Indiana Code or the Indiana Constitution.
28	27		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
29	28		between statutes enacted by the 2021 Regular Session of the General Assembly.
30	29		SENATE BILL No. 181
31	30		A BILL FOR AN ACT to amend the Indiana Code concerning
32	31		corrections.
33	32		Be it enacted by the General Assembly of the State of Indiana:
34	33		1 SECTION 1. IC 11-13-3-4, AS AMENDED BY P.L.37-2019,
35	34		2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36	35		3 JULY 1, 2022]: Sec. 4. (a) A condition to remaining on parole is that
37	36		4 the parolee not commit a crime during the period of parole.
38	37		5 (b) The parole board may also adopt, under IC 4-22-2, additional
39	38		6 conditions to remaining on parole and require a parolee to satisfy one
40	39		7 (1) or more of these conditions. These conditions must be reasonably
41	40		8 related to the parolee's successful reintegration into the community and
42	41		9 not unduly restrictive of a fundamental right.
43	42		10 (c) If a person is released on parole, the parolee shall be given a
44	43		11 written statement of the conditions of parole. Signed copies of this
45	44		12 statement shall be:
46	45		13 (1) retained by the parolee;
47	46		14 (2) forwarded to any person charged with the parolee's
48	47		15 supervision; and
49	48		16 (3) placed in the parolee's master file.
50	49		17 (d) The parole board may modify parole conditions if the parolee
51		-	SB 181—LS 6840/DI 106 2
	50	+	2022 IN 181—LS 6840/DI 106 2
52	51		1 receives notice of that action and had ten (10) days after receipt of the
53	52		2 notice to express the parolee's views on the proposed modification.
54	53		3 This subsection does not apply to modification of parole conditions
55	54		4 after a revocation proceeding under section 10 of this chapter.
56	55		5 (e) As a condition of parole, the parole board may require the
57	56		6 parolee to reside in a particular parole area. In determining a parolee's
58	57		7 residence requirement, the parole board shall:
59	58		8 (1) consider:
60	59		9 (A) the residence of the parolee prior to the parolee's
61	60		10 incarceration; and
62	61		11 (B) the parolee's place of employment; and
63	62		12 (2) assign the parolee to reside in the county where the parolee
64	63		13 resided prior to the parolee's incarceration unless assignment on
65	64		14 this basis would be detrimental to the parolee's successful
66	65		15 reintegration into the community.
67	66		16 (f) As a condition of parole, the parole board may require the
68	67		17 parolee to:
69	68		18 (1) periodically undergo a laboratory chemical test (as defined in
70	69		19 IC 9-13-2-22) or series of tests to detect and confirm the presence
71	70		20 of a controlled substance (as defined in IC 35-48-1-9); and
72	71		21 (2) have the results of any test under this subsection reported to
73	72		22 the parole board by the laboratory.
74	73		23 The parolee is responsible for any charges resulting from a test
75	74		24 required under this subsection. However, a person's parole may not be
76	75		25 revoked on the basis of the person's inability to pay for a test under this
77	76		26 subsection.
78	77		27 (g) As a condition of parole, the parole board:
79	78		28 (1) may require a parolee who is a sex offender (as defined in
80	79		29 IC 11-8-8-4.5) to:
81	80		30 (A) participate in a treatment program for sex offenders
82	81		31 approved by the parole board; and
83	82		32 (B) avoid contact with any person who is less than sixteen (16)
84	83		33 years of age unless the parolee:
85	84		34 (i) receives the parole board's approval; or
86	85		35 (ii) successfully completes the treatment program referred to
87	86		36 in clause (A); and
88	87		37 (2) shall:
89	88		38 (A) require a parolee who is a sex or violent offender (as
90	89		39 defined in IC 11-8-8-5) to register with a local law
91	90		40 enforcement authority under IC 11-8-8;
92	91		41 (B) prohibit a parolee who is a sex offender from residing
93	92		42 within one thousand (1,000) feet of school property (as defined
94		-	SB 181—LS 6840/DI 106 3
	93	+	2022 IN 181—LS 6840/DI 106 3
95	94		1 in IC 35-31.5-2-285) for the period of parole, unless the sex
96	95		2 offender obtains written approval from the parole board;
97	96		3 (C) prohibit a parolee who is a sex offender convicted of a sex
98	97		4 offense (as defined in IC 35-38-2-2.5) from residing within
99	98		5 one (1) mile of the victim of the sex offender's sex offense
100	99		6 unless the sex offender obtains a waiver under IC 35-38-2-2.5;
101	100		7 (D) prohibit a parolee who is a sex offender from owning,
102	101		8 operating, managing, being employed by, or volunteering at
103	102		9 any attraction designed to be primarily enjoyed by children
104	103		10 less than sixteen (16) years of age;
105	104		11 (E) require a parolee who is a sex offender to consent:
106	105		12 (i) to the search of the sex offender's personal computer at
107	106		13 any time; and
108	107		14 (ii) to the installation on the sex offender's personal
109	108		15 computer or device with Internet capability, at the sex
110	109		16 offender's expense, of one (1) or more hardware or software
111	110		17 systems to monitor Internet usage; and
112	111		18 (F) prohibit the sex offender from:
113	112		19 (i) accessing or using certain web sites, chat rooms, or
114	113		20 instant messaging programs frequented by children; and
115	114		21 (ii) deleting, erasing, or tampering with information on the
116	115		22 sex offender's personal computer with intent to conceal an
117	116		23 activity prohibited by item (i).
118	117		24 The parole board may not grant a sexually violent predator (as defined
119	118		25 in IC 35-38-1-7.5) or a sex offender who is an offender against children
120	119		26 under IC 35-42-4-11 a waiver under subdivision (2)(B) or (2)(C). If the
121	120		27 parole board allows the sex offender to reside within one thousand
122	121		28 (1,000) feet of school property under subdivision (2)(B), the parole
123	122		29 board shall notify each school within one thousand (1,000) feet of the
124	123		30 sex offender's residence of the order.
125	124		31 (h) The address of the victim of a parolee who is a sex offender
126	125		32 convicted of a sex offense (as defined in IC 35-38-2-2.5) is
127	126		33 confidential, even if the sex offender obtains a waiver under
128	127		34 IC 35-38-2-2.5.
129	128		35 (i) As a condition of parole, the parole board may require a parolee
130	129		36 to participate in a reentry court program.
131	130		37 (j) This subsection does not apply to a person on lifetime parole.
132	131		38 As a condition of parole, the parole board shall require a parolee who
133	132		39 is a sexually violent predator under IC 35-38-1-7.5 or who is a sex or
134	133		40 violent offender (as defined in IC 11-8-8-5) to wear a monitoring
135	134		41 device (as described in IC 35-38-2.5-3) that can transmit information
136	135		42 twenty-four (24) hours each day regarding a person's precise location,
137		-	SB 181—LS 6840/DI 106 4
	136	+	2022 IN 181—LS 6840/DI 106 4
138	137		1 subject to a validated sex offender risk assessment, and subject to the
139	138		2 amount appropriated to the department for a monitoring program as a
140	139		3 condition of parole.
141	140		4 (k) As a condition of parole, the parole board may prohibit, in
142	141		5 accordance with IC 35-38-2-2.6, a parolee who has been convicted of
143	142		6 stalking from residing within one thousand (1,000) feet of the residence
144	143		7 of the victim of the stalking for a period that does not exceed five (5)
145	144		8 years.
146	145		9 (l) As a condition of parole, the parole board may prohibit a parolee
147	146		10 convicted of an offense under IC 35-46-3 from owning, harboring, or
148	147		11 training an animal, and, if the parole board prohibits a parolee
149	148		12 convicted of an offense under IC 35-46-3 from having direct or indirect
150	149		13 contact with an individual, the parole board may also prohibit the
151	150		14 parolee from having direct or indirect contact with any animal
152	151		15 belonging to the individual.
153	152		16 (m) As a condition of parole, the parole board may require a parolee
154	153		17 to receive:
155	154		18 (1) addiction counseling;
156	155		19 (2) inpatient detoxification;
157	156		20 (3) case management;
158	157		21 (4) daily living skills; and
159	158		22 (5) medication assisted treatment, including a federal Food and
160	159		23 Drug Administration approved long acting, nonaddictive
161	160		24 medication for the treatment of opioid or alcohol dependence.
162	161		25 (n) A parolee may be responsible for the reasonable expenses, as
163	162		26 determined by the department, of the parolee's participation in a
164	163		27 treatment or other program required as a condition of parole under this
165	164		28 section. However, a person's parole may not be revoked solely on the
166	165		29 basis of the person's inability to pay for a program required as a
167	166		30 condition of parole under this section.
168	167		31 (o) When an offender is placed on lifetime parole, the parole board
169	168		32 shall inform the sheriff and the prosecuting attorney of the county in
170	169		33 which the offender committed the offense:
171	170		34 (1) that the offender has been placed on lifetime parole; and
172	171		35 (2) whether the offender is required to wear a monitoring device
173	172		36 as described in subsection (j).
174	173		37 (p) (o) As a condition of parole, the parole board shall prohibit a
175	174		38 person convicted of an animal abuse offense (as defined in
176	175		39 IC 35-38-2-2.8) from owning, harboring, or training a companion
177	176		40 animal (as defined in IC 35-38-2-2.8).
178	177		41 SECTION 2. IC 11-13-3-11 IS ADDED TO THE INDIANA CODE
179	178		42 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
180		-	SB 181—LS 6840/DI 106 5
	179	+	2022 IN 181—LS 6840/DI 106 5
181	180		1 1, 2022]: Sec. 11. (a) As used in this section, "Internet crime against
182	181		2 a child" means a conviction for a violation of:
183	182		3 (1) IC 35-42-4-4(b) or IC 35-42-4-4(c) (child exploitation);
184	183		4 (2) IC 35-42-4-4(d) or IC 35-42-4-4(e) (possession of child
185	184		5 pornography); or
186	185		6 (3) IC 35-42-4-6 (child solicitation).
187	186		7 (b) When a person is placed on lifetime parole, the department
188	187		8 shall provide the parolee with a written statement of the conditions
189	188		9 of lifetime parole. The parolee shall sign the statement, retain a
190	189		10 copy, and provide a copy to the department. The department shall
191	190		11 place the signed statement in the parolee's master file.
192	191		12 (c) As a condition of lifetime parole, the parole board shall:
193	192		13 (1) require a parolee who is a sexually violent predator (as
194	193		14 defined in IC 35-38-1-7.5) to:
195	194		15 (A) inform the parolee's parole agent of any changes to the
196	195		16 parolee's residence, employment, or contact information
197	196		17 not later than seventy-two (72) hours after the change;
198	197		18 (B) report to the parole agent as instructed;
199	198		19 (C) avoid contact with any person who is less than sixteen
200	199		20 (16) years of age, unless the parolee receives written
201	200		21 authorization from the parole board; and
202	201		22 (D) avoid contact with the victim of any sex crime
203	202		23 committed by that parolee, unless the parolee receives
204	203		24 written authorization from the parole board;
205	204		25 (2) prohibit a parolee who is a sexually violent predator
206	205		26 convicted of an Internet crime against a child from:
207	206		27 (A) accessing or using certain Internet web sites, chat
208	207		28 rooms, or instant messaging programs frequented by
209	208		29 children; and
210	209		30 (B) deleting, erasing, or tampering with data on the
211	210		31 parolee's personal computer;
212	211		32 (3) prohibit a parolee who is a sexually violent predator from
213	212		33 owning, operating, managing, being employed by, or
214	213		34 volunteering at an attraction designed to be primarily enjoyed
215	214		35 by a child less than sixteen (16) years of age; and
216	215		36 (4) require a parolee to allow the parolee's supervising parole
217	216		37 agent or another person authorized by the parole board to
218	217		38 visit the parolee's residence, real property, or place of
219	218		39 employment.
220	219		40 (d) As a condition of lifetime parole, the parole board may
221	220		41 require a sexually violent predator to participate in a sex offender
222	221		42 treatment program approved by the parole board.
223		-	SB 181—LS 6840/DI 106 6
	222	+	2022 IN 181—LS 6840/DI 106 6
224	223		1 (e) As a condition of lifetime parole, the parole board may
225	224		2 require a parolee who is:
226	225		3 (1) a sexually violent predator; or
227	226		4 (2) required to register as a sex or violent offender under
228	227		5 IC 11-8-8-5 due to a conviction for murder (IC 35-42-1-1) or
229	228		6 voluntary manslaughter (IC 35-42-1-3);
230	229		7 to wear a monitoring device (as described in IC 35-38-2.5-3) that
231	230		8 can transmit information twenty-four (24) hours each day
232	231		9 regarding a person's precise location, subject to a validated sex
233	232		10 offender risk assessment or appropriate violent offender risk
234	233		11 assessment, and subject to the amount appropriated to the
235	234		12 department for a monitoring program as a condition of lifetime
236	235		13 parole.
237	236		14 (f) When an offender is placed on lifetime parole, the parole
238	237		15 board shall inform the sheriff and the prosecuting attorney of the
239	238		16 offender's current county of residence:
240	239		17 (1) that the offender has been placed on lifetime parole; and
241	240		18 (2) whether the offender is required to wear a monitoring
242	241		19 device as described in subsection (e).
243	242		20 (g) The parole board may adopt rules under IC 4-22-2 to impose
244	243		21 additional conditions of lifetime parole and to implement this
245	244		22 section.
246	245		23 SECTION 3. IC 35-44.1-3-9, AS AMENDED BY P.L.95-2017,
247	246		24 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
248	247		25 JULY 1, 2022]: Sec. 9. (a) A person who is being supervised on
249	248		26 lifetime parole (as described in IC 35-50-6-1) and who knowingly or
250	249		27 intentionally violates a condition of lifetime parole that involves direct
251	250		28 or indirect contact with a child less than sixteen (16) years of age or
252	251		29 with the victim of a crime that was committed by the person commits
253	252		30 criminal parole violation by a sexual predator, a Level 6 felony. A
254	253		31 person who is being supervised on lifetime parole (as described in
255	254		32 IC 35-50-6-1) and who knowingly or intentionally:
256	255		33 (1) violates a condition (including a special condition imposed
257	256		34 by the parole board) of lifetime parole; or
258	257		35 (2) without the authorization of the parole board, has direct
259	258		36 or indirect contact with:
260	259		37 (A) a child less than sixteen (16) years of age; or
261	260		38 (B) the victim of a sex offense committed by the person;
262	261		39 commits criminal violation of a lifetime parole condition, a Level
263	262		40 6 felony. However, (b) the offense described in subsection (a) is a
264	263		41 Level 5 felony if the person has a prior unrelated conviction under this
265	264		42 section.
266		-	SB 181—LS 6840/DI 106 7
	265	+	2022 IN 181—LS 6840/DI 106 7
267	266		1 SECTION 4. IC 35-50-6-0.5, AS AMENDED BY P.L.106-2020,
268	267		2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
269	268		3 JULY 1, 2022]: Sec. 0.5. (a) The following definitions apply
270	269		4 throughout this chapter:
271	270		5 (1) "Accrued time" means the amount of time that a person is
272	271		6 imprisoned or confined. In determining the number of days a
273	272		7 person has been imprisoned or confined, a partial calendar
274	273		8 day is considered to be one (1) calendar day.
275	274		9 (2) "Calendar day" means the period of elapsed time that
276	275		10 begins at midnight and ends twenty-four (24) hours later at
277	276		11 the next midnight.
278	277		12 (2) (3) "Credit time" means the sum of a person's accrued time,
279	278		13 good time credit, and educational credit.
280	279		14 (3) (4) "Educational credit" means a reduction in a person's term
281	280		15 of imprisonment or confinement awarded for participation in an
282	281		16 educational, vocational, rehabilitative, or other program. The term
283	282		17 includes an individualized case management plan.
284	283		18 (4) (5) "Good time credit" means a reduction in a person's term of
285	284		19 imprisonment or confinement awarded for the person's good
286	285		20 behavior while imprisoned or confined.
287	286		21 (5) (6) "Individualized case management plan" means educational
288	287		22 credit which consists of a plan designed to address an
289	288		23 incarcerated person's risk of recidivism, and may include:
290	289		24 (A) addiction recovery treatment;
291	290		25 (B) mental health treatment;
292	291		26 (C) vocational education programming;
293	292		27 (D) adult basic education, a high school or high school
294	293		28 equivalency diploma, a college diploma, and any other
295	294		29 academic educational goal; or
296	295		30 (E) any other programming or activity that encourages
297	296		31 productive pursuits while a person is incarcerated and that
298	297		32 may reduce the person's likelihood to recidivate after the
299	298		33 person's release from incarceration.
300	299		34 SECTION 5. IC 35-50-6-3, AS AMENDED BY P.L.74-2015,
301	300		35 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
302	301		36 JULY 1, 2022]: Sec. 3. (a) This section applies to a person who
303	302		37 commits an offense before July 1, 2014.
304	303		38 (b) A person assigned to Class I earns one (1) day of good time
305	304		39 credit for each calendar day or partial calendar day the person is
306	305		40 imprisoned for a crime or confined awaiting trial or sentencing.
307	306		41 (c) A person assigned to Class II earns one (1) day of good time
308	307		42 credit for every two (2) calendar days or partial calendar days the
309		-	SB 181—LS 6840/DI 106 8
	308	+	2022 IN 181—LS 6840/DI 106 8
310	309		1 person is imprisoned for a crime or confined awaiting trial or
311	310		2 sentencing.
312	311		3 (d) A person assigned to Class III earns no good time credit.
313	312		4 (e) A person assigned to Class IV earns one (1) day of good time
314	313		5 credit for every six (6) calendar days or partial calendar days the
315	314		6 person is imprisoned for a crime or confined awaiting trial or
316	315		7 sentencing.
317	316		8 SECTION 6. IC 35-50-6-3.1, AS AMENDED BY P.L.106-2020,
318	317		9 SECTION 3 AND P.L.142-2020, SECTION 87, IS AMENDED TO
319	318		10 READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3.1. (a) This
320	319		11 section applies to a person who commits an offense after June 30,
321	320		12 2014.
322	321		13 (b) A person assigned to Class A earns one (1) day of good time
323	322		14 credit for each calendar day or partial calendar day the person is
324	323		15 imprisoned for a crime or confined awaiting trial or sentencing.
325	324		16 (c) A person assigned to Class B earns one (1) day of good time
326	325		17 credit for every three (3) calendar days or partial calendar days the
327	326		18 person is imprisoned for a crime or confined awaiting trial or
328	327		19 sentencing.
329	328		20 (d) A person assigned to Class C earns one (1) day of good time
330	329		21 credit for every six (6) calendar days or partial calendar days the
331	330		22 person is imprisoned for a crime or confined awaiting trial or
332	331		23 sentencing.
333	332		24 (e) A person assigned to Class D earns no good time credit.
334	333		25 (f) A person assigned to Class P earns one (1) day of good time
335	334		26 credit for every four (4) calendar days or partial calendar days the
336	335		27 person serves on pretrial home detention awaiting trial. A person
337	336		28 assigned to Class P does not earn accrued time for time served on
338	337		29 pretrial home detention awaiting trial.
339		-	SB 181—LS 6840/DI 106 9
340		-	COMMITTEE REPORT
341		-	Madam President: The Senate Committee on Corrections and
342		-	Criminal Law, to which was referred Senate Bill No. 181, has had the
343		-	same under consideration and begs leave to report the same back to the
344		-	Senate with the recommendation that said bill DO PASS.
345		-	(Reference is to SB 181 as introduced.)
346		-
347		-	YOUNG M, Chairperson
348		-	Committee Vote: Yeas 8, Nays 1
349		-	SB 181—LS 6840/DI 106
	338	+	2022 IN 181—LS 6840/DI 106