LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6632 NOTE PREPARED: Dec 20, 2021
BILL NUMBER: SB 194 BILL AMENDED:
SUBJECT: Credit Time for Pretrial Home Detention.
FIRST AUTHOR: Sen. Pol BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
DEDICATED
FEDERAL
Summary of Legislation: This bill provides that credit time earned for pretrial home detention is the same
as credit time earned for pretrial incarceration.
Effective Date: July 1, 2022.
Explanation of State Expenditures: This bill could reduce the length of stay of people committed to DOC
facilities after they were placed on pretrial home detention prior to adjudication. Any changes in DOC’s
population due to this bill will be minor since about 1.5% of the persons who were committed to DOC
facilities in both CY 2019 and 2020 had any credit for home detention.
Additional Information – Under current law, a person who is in home detention is assigned to “Class P”
credit time. Under “Class P”, a person earns one day of good time credit for every four days the person serves
on pretrial home detention awaiting trial.
This bill would remove the “Class P” group from statute and grant persons who are awaiting trial while on
home detention the same good time credit as they would receive if they were in county jail awaiting trial.
Consequently, people in each of these cases would earn more credit time that could reduce their confinement
in DOC if they are convicted and sentenced for their criminal charge.
The following table illustrates the new good time credit these people would receive while awaiting trial.
SB 194 1 Credit Time Assignments under IC 35-50-6-3.1
Awaiting Trial for: New Good Time Credit
Class A Level 6 felony or misdemeanor one day for each day served
Class BCrime other than Level 6 felony or misdemeanor and not
credit restricted
one day for each 3 days served
Class CCredit restricted felon one day for each 6 days served
Credit Restricted Felons have convicted of or are accused of certain types of child molesting or murder in certain circumstances (IC
35-31.5-2-72)
In CY 2019 and CY 2020, about 1.5% of all persons who were committed to DOC in both CY 2019 and 2020
had good time credit while awaiting trial on home detention. There were a combined 257 persons who were
committed to DOC facilities with home detention good time credits out of a combined 17,419 for both years.
The average expenditure to house an adult offender was $24,506 annually, or $67 daily, in FY 2021. (This
does not include the cost of new construction.) If offenders can be housed in existing facilities with no
additional staff, the marginal cost for medical care, food, and clothing is approximately $4,333 annually, or
$11.67 daily, per prisoner. These marginal cost estimates are based on contractual agreements with food and
medical vendors and projections based on prior years for clothing and hygiene. The estimated average cost
of housing a juvenile in a state juvenile facility was $133,799, or $366.32 daily, in FY 2021. The marginal
cost for juvenile facilities was $4,891 annually or $13.40 daily.
Explanation of State Revenues:
Explanation of Local Expenditures: Persons who are supervised on home detention while awaiting trial
for misdemeanors would receive one day good time credit for each day they are in home detention rather than
one day for every four days on home detention. The increase in good time credit would reduce the amount
of their jail confinement or their length of community supervision. Since no information is available on the
number of persons who were on home detention while awaiting trial for a misdemeanor, any savings to the
counties are indeterminable.
The average cost per day is approximately $54 based on the per diem payments reported by U.S. Marshals
to house federal prisoners in 16 county jails across Indiana during federal FY 2017.
Explanation of Local Revenues:
State Agencies Affected: Department of Correction.
Local Agencies Affected: Community corrections agencies; county jails; probation departments.
Information Sources: Department of Correction; Thompson v. State (18A-CR-1947); U.S. Department of
Justice Marshals Service
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
SB 194 2