Indiana 2022 Regular Session

Indiana Senate Bill SB0194 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 194
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-38-3-2; IC 35-50-6.
7	7	Synopsis: Credit time for pretrial home detention. Provides that credit
8	8	time earned for pretrial home detention is the same as credit time
9	9	earned for pretrial incarceration.
10	10	Effective: July 1, 2022.
11	11	Pol Jr.
12	12	January 6, 2022, read first time and referred to Committee on Corrections and Criminal
13	13	Law.
14	14	2022 IN 194—LS 6632/DI 149 Introduced
15	15	Second Regular Session of the 122nd General Assembly (2022)
16	16	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
17	17	Constitution) is being amended, the text of the existing provision will appear in this style type,
18	18	additions will appear in this style type, and deletions will appear in this style type.
19	19	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
20	20	provision adopted), the text of the new provision will appear in this style type. Also, the
21	21	word NEW will appear in that style type in the introductory clause of each SECTION that adds
22	22	a new provision to the Indiana Code or the Indiana Constitution.
23	23	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
24	24	between statutes enacted by the 2021 Regular Session of the General Assembly.
25	25	SENATE BILL No. 194
26	26	A BILL FOR AN ACT to amend the Indiana Code concerning
27	27	criminal law and procedure.
28	28	Be it enacted by the General Assembly of the State of Indiana:
29	29	1 SECTION 1. IC 35-38-3-2, AS AMENDED BY P.L.74-2015,
30	30	2 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31	31	3 JULY 1, 2022]: Sec. 2. (a) When a convicted person is sentenced to
32	32	4 imprisonment, the court shall, without delay, certify, under the seal of
33	33	5 the court or through any electronic means approved by the department
34	34	6 of correction, copies of the judgment of conviction and sentence to the
35	35	7 receiving authority.
36	36	8 (b) The judgment must include:
37	37	9 (1) the crime for which the convicted person is adjudged guilty
38	38	10 and the classification of the criminal offense;
39	39	11 (2) the period, if any, for which the person is rendered incapable
40	40	12 of holding any office of trust or profit;
41	41	13 (3) the amount of the fines or costs (including fees) assessed, if
42	42	14 any, whether or not the convicted person is indigent, and the
43	43	15 method by which the fines or costs (including fees) are to be
44	44	16 satisfied;
45	45	17 (4) the amount of credit time earned for time spent in confinement
46	46	2022 IN 194—LS 6632/DI 149 2
47	47	1 before sentencing, including time on pretrial home detention;
48	48	2 and
49	49	3 (5) the amount to be credited toward payment of the fines or costs
50	50	4 (including fees) for time spent in confinement before sentencing.
51	51	5 (c) The judgment may specify the degree of security recommended
52	52	6 by the court.
53	53	7 (d) A term of imprisonment begins on the date sentence is imposed,
54	54	8 unless execution of the sentence is stayed according to law.
55	55	9 SECTION 2. IC 35-50-6-0.5, AS AMENDED BY P.L.106-2020,
56	56	10 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
57	57	11 JULY 1, 2022]: Sec. 0.5. The following definitions apply throughout
58	58	12 this chapter:
59	59	13 (1) "Accrued time" means the amount of time that a person is
60	60	14 imprisoned, or confined, or on home detention.
61	61	15 (2) "Credit time" means the sum of a person's accrued time, good
62	62	16 time credit, and educational credit.
63	63	17 (3) "Educational credit" means a reduction in a person's term of
64	64	18 imprisonment or confinement awarded for participation in an
65	65	19 educational, vocational, rehabilitative, or other program. The term
66	66	20 includes an individualized case management plan.
67	67	21 (4) "Good time credit" means a reduction in a person's term of
68	68	22 imprisonment or confinement awarded for the person's good
69	69	23 behavior while imprisoned or confined.
70	70	24 (5) "Individualized case management plan" means educational
71	71	25 credit which consists of a plan designed to address an
72	72	26 incarcerated person's risk of recidivism, and may include:
73	73	27 (A) addiction recovery treatment;
74	74	28 (B) mental health treatment;
75	75	29 (C) vocational education programming;
76	76	30 (D) adult basic education, a high school or high school
77	77	31 equivalency diploma, a college diploma, and any other
78	78	32 academic educational goal; or
79	79	33 (E) any other programming or activity that encourages
80	80	34 productive pursuits while a person is incarcerated and that
81	81	35 may reduce the person's likelihood to recidivate after the
82	82	36 person's release from incarceration.
83	83	37 SECTION 3. IC 35-50-6-3.1, AS AMENDED BY P.L.106-2020,
84	84	38 SECTION 3 AND P.L.142-2020, SECTION 87, IS AMENDED TO
85	85	39 READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3.1. (a) This
86	86	40 section applies to a person who commits an offense after June 30,
87	87	41 2014.
88	88	42 (b) A person assigned to Class A earns one (1) day of good time
89	89	2022 IN 194—LS 6632/DI 149 3
90	90	1 credit for each day the person is:
91	91	2 (1) imprisoned for a crime; or
92	92	3 (2) confined awaiting trial or sentencing; or
93	93	4 (3) on pretrial home detention.
94	94	5 (c) A person assigned to Class B earns one (1) day of good time
95	95	6 credit for every three (3) days the person is:
96	96	7 (1) imprisoned for a crime; or
97	97	8 (2) confined awaiting trial or sentencing; or
98	98	9 (3) on pretrial home detention.
99	99	10 (d) A person assigned to Class C earns one (1) day of good time
100	100	11 credit for every six (6) days the person is:
101	101	12 (1) imprisoned for a crime; or
102	102	13 (2) confined awaiting trial or sentencing; or
103	103	14 (3) on pretrial home detention.
104	104	15 (e) A person assigned to Class D earns no good time credit.
105	105	16 (f) A person assigned to Class P earns one (1) day of good time
106	106	17 credit for every four (4) days the person serves on pretrial home
107	107	18 detention awaiting trial. A person assigned to Class P does not earn
108	108	19 accrued time for time served on pretrial home detention awaiting trial.
109	109	20 SECTION 4. IC 35-50-6-4, AS AMENDED BY P.L.44-2016,
110	110	21 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
111	111	22 JULY 1, 2022]: Sec. 4. (a) A person:
112	112	23 (1) who is not a credit restricted felon; and
113	113	24 (2) who is imprisoned for a Level 6 felony or a misdemeanor or
114	114	25 imprisoned awaiting trial or sentencing for a Level 6 felony or
115	115	26 misdemeanor;
116	116	27 is initially assigned to Class A.
117	117	28 (b) A person:
118	118	29 (1) who is not a credit restricted felon; and
119	119	30 (2) who is imprisoned for a crime other than a Level 6 felony or
120	120	31 misdemeanor or imprisoned awaiting trial or sentencing for a
121	121	32 crime other than a Level 6 felony or misdemeanor;
122	122	33 is initially assigned to Class B.
123	123	34 (c) A person who is a credit restricted felon and who is imprisoned
124	124	35 for a crime or imprisoned awaiting trial or sentencing is initially
125	125	36 assigned to Class C. A credit restricted felon may not be assigned to
126	126	37 Class A or Class B.
127	127	38 (d) A person who is not a credit restricted felon may be reassigned
128	128	39 to Class C or Class D if the person violates any of the following:
129	129	40 (1) A rule of the department of correction.
130	130	41 (2) A rule of the penal facility in which the person is imprisoned.
131	131	42 (3) A rule or condition of a community transition program.
132	132	2022 IN 194—LS 6632/DI 149 4
133	133	1 However, a violation of a condition of parole or probation may not be
134	134	2 the basis for reassignment. Before a person may be reassigned to a
135	135	3 lower credit time class, the person must be granted a hearing to
136	136	4 determine the person's guilt or innocence and, if found guilty, whether
137	137	5 reassignment is an appropriate disciplinary action for the violation. The
138	138	6 person may waive the right to the hearing.
139	139	7 (e) A person who is a credit restricted felon may be reassigned to
140	140	8 Class D and a person who is assigned to Class IV may be assigned to
141	141	9 Class III if the person violates any of the following:
142	142	10 (1) A rule of the department of correction.
143	143	11 (2) A rule of the penal facility in which the person is imprisoned.
144	144	12 (3) A rule or condition of a community transition program.
145	145	13 However, a violation of a condition of parole or probation may not be
146	146	14 the basis for reassignment. Before a person may be reassigned to Class
147	147	15 III or Class D, the person must be granted a hearing to determine the
148	148	16 person's guilt or innocence and, if found guilty, whether reassignment
149	149	17 is an appropriate disciplinary action for the violation. The person may
150	150	18 waive the right to the hearing.
151	151	19 (f) In connection with the hearing granted under subsection (d) or
152	152	20 (e), the person is entitled to:
153	153	21 (1) have not less than twenty-four (24) hours advance written
154	154	22 notice of the date, time, and place of the hearing, and of the
155	155	23 alleged misconduct and the rule the alleged misconduct is alleged
156	156	24 to have violated;
157	157	25 (2) have reasonable time to prepare for the hearing;
158	158	26 (3) have an impartial decisionmaker;
159	159	27 (4) appear and speak in the person's own behalf;
160	160	28 (5) call witnesses and present evidence;
161	161	29 (6) confront and cross-examine each witness, unless the hearing
162	162	30 authority finds that to do so would subject a witness to a
163	163	31 substantial risk of harm;
164	164	32 (7) have the assistance of a lay advocate (the department may
165	165	33 require that the advocate be an employee of, or a fellow prisoner
166	166	34 in, the same facility or program);
167	167	35 (8) have a written statement of the findings of fact, the evidence
168	168	36 relied upon, and the reasons for the action taken;
169	169	37 (9) have immunity if the person's testimony or any evidence
170	170	38 derived from the person's testimony is used in any criminal
171	171	39 proceedings; and
172	172	40 (10) have the person's record expunged of any reference to the
173	173	41 charge if the person is found not guilty or if a finding of guilt is
174	174	42 later overturned.
175	175	2022 IN 194—LS 6632/DI 149 5
176	176	1 Any finding of guilt must be supported by a preponderance of the
177	177	2 evidence presented at the hearing.
178	178	3 (g) Except for a credit restricted felon, a person may be reassigned
179	179	4 from:
180	180	5 (1) Class III to Class I, Class II or Class IV;
181	181	6 (2) Class II to Class I;
182	182	7 (3) Class D to Class A, Class B, or Class C;
183	183	8 (4) Class C to Class A or Class B.
184	184	9 A person's assignment to Class III, Class II, Class C, or Class D shall
185	185	10 be reviewed at least once every six (6) months to determine if the
186	186	11 person should be reassigned to a higher credit time class. A credit
187	187	12 restricted felon may not be reassigned to Class I or Class II or to Class
188	188	13 A, Class B, or Class C.
189	189	14 (h) This subsection applies only to a person imprisoned awaiting
190	190	15 trial. A person imprisoned awaiting trial is initially assigned to a credit
191	191	16 class based on the most serious offense with which the person is
192	192	17 charged. If all the offenses of which a person is convicted have a higher
193	193	18 credit time class than the most serious offense with which the person
194	194	19 is charged, the person earns credit time for the time imprisoned
195	195	20 awaiting trial at the credit time class of the most serious offense of
196	196	21 which the person was convicted. However, this section does not apply
197	197	22 to any period during which the person is reassigned to a lower credit
198	198	23 time class for a disciplinary violation.
199	199	24 (i) This subsection applies only to a person placed on pretrial home
200	200	25 detention awaiting trial. This subsection does not apply to any other
201	201	26 person placed on home detention. A person placed on pretrial home
202	202	27 detention awaiting trial is assigned to Class P. A person assigned to
203	203	28 Class P may not be reassigned to another credit time class while the
204	204	29 person is on pretrial home detention awaiting trial.
205	205	2022 IN 194—LS 6632/DI 149