Introduced Version
SENATE BILL No. 194
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-38-3-2; IC 35-50-6.
Synopsis: Credit time for pretrial home detention. Provides that credit
time earned for pretrial home detention is the same as credit time
earned for pretrial incarceration.
Effective: July 1, 2022.
Pol Jr.
January 6, 2022, read first time and referred to Committee on Corrections and Criminal
Law.
2022 IN 194—LS 6632/DI 149 Introduced
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
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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.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE BILL No. 194
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 35-38-3-2, AS AMENDED BY P.L.74-2015,
2 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 2. (a) When a convicted person is sentenced to
4 imprisonment, the court shall, without delay, certify, under the seal of
5 the court or through any electronic means approved by the department
6 of correction, copies of the judgment of conviction and sentence to the
7 receiving authority.
8 (b) The judgment must include:
9 (1) the crime for which the convicted person is adjudged guilty
10 and the classification of the criminal offense;
11 (2) the period, if any, for which the person is rendered incapable
12 of holding any office of trust or profit;
13 (3) the amount of the fines or costs (including fees) assessed, if
14 any, whether or not the convicted person is indigent, and the
15 method by which the fines or costs (including fees) are to be
16 satisfied;
17 (4) the amount of credit time earned for time spent in confinement
2022 IN 194—LS 6632/DI 149 2
1 before sentencing, including time on pretrial home detention;
2 and
3 (5) the amount to be credited toward payment of the fines or costs
4 (including fees) for time spent in confinement before sentencing.
5 (c) The judgment may specify the degree of security recommended
6 by the court.
7 (d) A term of imprisonment begins on the date sentence is imposed,
8 unless execution of the sentence is stayed according to law.
9 SECTION 2. IC 35-50-6-0.5, AS AMENDED BY P.L.106-2020,
10 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2022]: Sec. 0.5. The following definitions apply throughout
12 this chapter:
13 (1) "Accrued time" means the amount of time that a person is
14 imprisoned, or confined, or on home detention.
15 (2) "Credit time" means the sum of a person's accrued time, good
16 time credit, and educational credit.
17 (3) "Educational credit" means a reduction in a person's term of
18 imprisonment or confinement awarded for participation in an
19 educational, vocational, rehabilitative, or other program. The term
20 includes an individualized case management plan.
21 (4) "Good time credit" means a reduction in a person's term of
22 imprisonment or confinement awarded for the person's good
23 behavior while imprisoned or confined.
24 (5) "Individualized case management plan" means educational
25 credit which consists of a plan designed to address an
26 incarcerated person's risk of recidivism, and may include:
27 (A) addiction recovery treatment;
28 (B) mental health treatment;
29 (C) vocational education programming;
30 (D) adult basic education, a high school or high school
31 equivalency diploma, a college diploma, and any other
32 academic educational goal; or
33 (E) any other programming or activity that encourages
34 productive pursuits while a person is incarcerated and that
35 may reduce the person's likelihood to recidivate after the
36 person's release from incarceration.
37 SECTION 3. IC 35-50-6-3.1, AS AMENDED BY P.L.106-2020,
38 SECTION 3 AND P.L.142-2020, SECTION 87, IS AMENDED TO
39 READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3.1. (a) This
40 section applies to a person who commits an offense after June 30,
41 2014.
42 (b) A person assigned to Class A earns one (1) day of good time
2022 IN 194—LS 6632/DI 149 3
1 credit for each day the person is:
2 (1) imprisoned for a crime; or
3 (2) confined awaiting trial or sentencing; or
4 (3) on pretrial home detention.
5 (c) A person assigned to Class B earns one (1) day of good time
6 credit for every three (3) days the person is:
7 (1) imprisoned for a crime; or
8 (2) confined awaiting trial or sentencing; or
9 (3) on pretrial home detention.
10 (d) A person assigned to Class C earns one (1) day of good time
11 credit for every six (6) days the person is:
12 (1) imprisoned for a crime; or
13 (2) confined awaiting trial or sentencing; or
14 (3) on pretrial home detention.
15 (e) A person assigned to Class D earns no good time credit.
16 (f) A person assigned to Class P earns one (1) day of good time
17 credit for every four (4) days the person serves on pretrial home
18 detention awaiting trial. A person assigned to Class P does not earn
19 accrued time for time served on pretrial home detention awaiting trial.
20 SECTION 4. IC 35-50-6-4, AS AMENDED BY P.L.44-2016,
21 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2022]: Sec. 4. (a) A person:
23 (1) who is not a credit restricted felon; and
24 (2) who is imprisoned for a Level 6 felony or a misdemeanor or
25 imprisoned awaiting trial or sentencing for a Level 6 felony or
26 misdemeanor;
27 is initially assigned to Class A.
28 (b) A person:
29 (1) who is not a credit restricted felon; and
30 (2) who is imprisoned for a crime other than a Level 6 felony or
31 misdemeanor or imprisoned awaiting trial or sentencing for a
32 crime other than a Level 6 felony or misdemeanor;
33 is initially assigned to Class B.
34 (c) A person who is a credit restricted felon and who is imprisoned
35 for a crime or imprisoned awaiting trial or sentencing is initially
36 assigned to Class C. A credit restricted felon may not be assigned to
37 Class A or Class B.
38 (d) A person who is not a credit restricted felon may be reassigned
39 to Class C or Class D if the person violates any of the following:
40 (1) A rule of the department of correction.
41 (2) A rule of the penal facility in which the person is imprisoned.
42 (3) A rule or condition of a community transition program.
2022 IN 194—LS 6632/DI 149 4
1 However, a violation of a condition of parole or probation may not be
2 the basis for reassignment. Before a person may be reassigned to a
3 lower credit time class, the person must be granted a hearing to
4 determine the person's guilt or innocence and, if found guilty, whether
5 reassignment is an appropriate disciplinary action for the violation. The
6 person may waive the right to the hearing.
7 (e) A person who is a credit restricted felon may be reassigned to
8 Class D and a person who is assigned to Class IV may be assigned to
9 Class III if the person violates any of the following:
10 (1) A rule of the department of correction.
11 (2) A rule of the penal facility in which the person is imprisoned.
12 (3) A rule or condition of a community transition program.
13 However, a violation of a condition of parole or probation may not be
14 the basis for reassignment. Before a person may be reassigned to Class
15 III or Class D, the person must be granted a hearing to determine the
16 person's guilt or innocence and, if found guilty, whether reassignment
17 is an appropriate disciplinary action for the violation. The person may
18 waive the right to the hearing.
19 (f) In connection with the hearing granted under subsection (d) or
20 (e), the person is entitled to:
21 (1) have not less than twenty-four (24) hours advance written
22 notice of the date, time, and place of the hearing, and of the
23 alleged misconduct and the rule the alleged misconduct is alleged
24 to have violated;
25 (2) have reasonable time to prepare for the hearing;
26 (3) have an impartial decisionmaker;
27 (4) appear and speak in the person's own behalf;
28 (5) call witnesses and present evidence;
29 (6) confront and cross-examine each witness, unless the hearing
30 authority finds that to do so would subject a witness to a
31 substantial risk of harm;
32 (7) have the assistance of a lay advocate (the department may
33 require that the advocate be an employee of, or a fellow prisoner
34 in, the same facility or program);
35 (8) have a written statement of the findings of fact, the evidence
36 relied upon, and the reasons for the action taken;
37 (9) have immunity if the person's testimony or any evidence
38 derived from the person's testimony is used in any criminal
39 proceedings; and
40 (10) have the person's record expunged of any reference to the
41 charge if the person is found not guilty or if a finding of guilt is
42 later overturned.
2022 IN 194—LS 6632/DI 149 5
1 Any finding of guilt must be supported by a preponderance of the
2 evidence presented at the hearing.
3 (g) Except for a credit restricted felon, a person may be reassigned
4 from:
5 (1) Class III to Class I, Class II or Class IV;
6 (2) Class II to Class I;
7 (3) Class D to Class A, Class B, or Class C;
8 (4) Class C to Class A or Class B.
9 A person's assignment to Class III, Class II, Class C, or Class D shall
10 be reviewed at least once every six (6) months to determine if the
11 person should be reassigned to a higher credit time class. A credit
12 restricted felon may not be reassigned to Class I or Class II or to Class
13 A, Class B, or Class C.
14 (h) This subsection applies only to a person imprisoned awaiting
15 trial. A person imprisoned awaiting trial is initially assigned to a credit
16 class based on the most serious offense with which the person is
17 charged. If all the offenses of which a person is convicted have a higher
18 credit time class than the most serious offense with which the person
19 is charged, the person earns credit time for the time imprisoned
20 awaiting trial at the credit time class of the most serious offense of
21 which the person was convicted. However, this section does not apply
22 to any period during which the person is reassigned to a lower credit
23 time class for a disciplinary violation.
24 (i) This subsection applies only to a person placed on pretrial home
25 detention awaiting trial. This subsection does not apply to any other
26 person placed on home detention. A person placed on pretrial home
27 detention awaiting trial is assigned to Class P. A person assigned to
28 Class P may not be reassigned to another credit time class while the
29 person is on pretrial home detention awaiting trial.
2022 IN 194—LS 6632/DI 149