Indiana 2023 Regular Session

Indiana House Bill HB1032 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1032
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-50-6-4.
7	7	Synopsis: Credit time assignments. Provides that a person who is
8	8	imprisoned for a crime or imprisoned awaiting trial or sentencing for
9	9	a crime that resulted in death or serious bodily injury to a public safety
10	10	official, for a crime committed after June 30, 2023, is initially assigned
11	11	to Class D and may not be assigned or reassigned to any other credit
12	12	time class.
13	13	Effective: July 1, 2023.
14	14	Frye R
15	15	January 9, 2023, read first time and referred to Committee on Courts and Criminal Code.
16	16	2023 IN 1032—LS 6150/DI 131 Introduced
17	17	First Regular Session of the 123rd General Assembly (2023)
18	18	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
19	19	Constitution) is being amended, the text of the existing provision will appear in this style type,
20	20	additions will appear in this style type, and deletions will appear in this style type.
21	21	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
22	22	provision adopted), the text of the new provision will appear in this style type. Also, the
23	23	word NEW will appear in that style type in the introductory clause of each SECTION that adds
24	24	a new provision to the Indiana Code or the Indiana Constitution.
25	25	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
26	26	between statutes enacted by the 2022 Regular Session of the General Assembly.
27	27	HOUSE BILL No. 1032
28	28	A BILL FOR AN ACT to amend the Indiana Code concerning
29	29	criminal law and procedure.
30	30	Be it enacted by the General Assembly of the State of Indiana:
31	31	1 SECTION 1. IC 35-50-6-4, AS AMENDED BY P.L.44-2016,
32	32	2 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33	33	3 JULY 1, 2023]: Sec. 4. (a) A person:
34	34	4 (1) who is not a credit restricted felon; and
35	35	5 (2) who is imprisoned for a Level 6 felony or a misdemeanor or
36	36	6 imprisoned awaiting trial or sentencing for a Level 6 felony or
37	37	7 misdemeanor;
38	38	8 is initially assigned to Class A.
39	39	9 (b) A person:
40	40	10 (1) who is not a credit restricted felon; and
41	41	11 (2) who is imprisoned for a crime other than a Level 6 felony or
42	42	12 misdemeanor or imprisoned awaiting trial or sentencing for a
43	43	13 crime other than a Level 6 felony or misdemeanor;
44	44	14 is initially assigned to Class B.
45	45	15 (c) A person who is a credit restricted felon and who is imprisoned
46	46	16 for a crime or imprisoned awaiting trial or sentencing is initially
47	47	17 assigned to Class C. A credit restricted felon may not be assigned to
48	48	2023 IN 1032—LS 6150/DI 131 2
49	49	1 Class A or Class B.
50	50	2 (d) Notwithstanding any other law, a person who is imprisoned
51	51	3 for a crime or imprisoned awaiting trial or sentencing for a crime
52	52	4 that resulted in death or serious bodily injury to a public safety
53	53	5 official (as defined in IC 35-42-2-1), for a crime committed after
54	54	6 June 30, 2023, is initially assigned to Class D and may not be
55	55	7 assigned or reassigned to any other credit time class.
56	56	8 (d) (e) A person who is not a credit restricted felon may be
57	57	9 reassigned to Class C or Class D if the person violates any of the
58	58	10 following:
59	59	11 (1) A rule of the department of correction.
60	60	12 (2) A rule of the penal facility in which the person is imprisoned.
61	61	13 (3) A rule or condition of a community transition program.
62	62	14 However, a violation of a condition of parole or probation may not be
63	63	15 the basis for reassignment. Before a person may be reassigned to a
64	64	16 lower credit time class, the person must be granted a hearing to
65	65	17 determine the person's guilt or innocence and, if found guilty, whether
66	66	18 reassignment is an appropriate disciplinary action for the violation. The
67	67	19 person may waive the right to the hearing.
68	68	20 (e) (f) A person who is a credit restricted felon may be reassigned
69	69	21 to Class D and a person who is assigned to Class IV may be assigned
70	70	22 to Class III if the person violates any of the following:
71	71	23 (1) A rule of the department of correction.
72	72	24 (2) A rule of the penal facility in which the person is imprisoned.
73	73	25 (3) A rule or condition of a community transition program.
74	74	26 However, a violation of a condition of parole or probation may not be
75	75	27 the basis for reassignment. Before a person may be reassigned to Class
76	76	28 III or Class D, the person must be granted a hearing to determine the
77	77	29 person's guilt or innocence and, if found guilty, whether reassignment
78	78	30 is an appropriate disciplinary action for the violation. The person may
79	79	31 waive the right to the hearing.
80	80	32 (f) (g) In connection with the hearing granted under subsection (d)
81	81	33 (e) or (e), (f), the person is entitled to:
82	82	34 (1) have not less than twenty-four (24) hours advance written
83	83	35 notice of the date, time, and place of the hearing, and of the
84	84	36 alleged misconduct and the rule the alleged misconduct is alleged
85	85	37 to have violated;
86	86	38 (2) have reasonable time to prepare for the hearing;
87	87	39 (3) have an impartial decisionmaker;
88	88	40 (4) appear and speak in the person's own behalf;
89	89	41 (5) call witnesses and present evidence;
90	90	42 (6) confront and cross-examine each witness, unless the hearing
91	91	2023 IN 1032—LS 6150/DI 131 3
92	92	1 authority finds that to do so would subject a witness to a
93	93	2 substantial risk of harm;
94	94	3 (7) have the assistance of a lay advocate (the department may
95	95	4 require that the advocate be an employee of, or a fellow prisoner
96	96	5 in, the same facility or program);
97	97	6 (8) have a written statement of the findings of fact, the evidence
98	98	7 relied upon, and the reasons for the action taken;
99	99	8 (9) have immunity if the person's testimony or any evidence
100	100	9 derived from the person's testimony is used in any criminal
101	101	10 proceedings; and
102	102	11 (10) have the person's record expunged of any reference to the
103	103	12 charge if the person is found not guilty or if a finding of guilt is
104	104	13 later overturned.
105	105	14 Any finding of guilt must be supported by a preponderance of the
106	106	15 evidence presented at the hearing.
107	107	16 (g) (h) Except for a credit restricted felon or except as provided in
108	108	17 subsection (d), a person may be reassigned from:
109	109	18 (1) Class III to Class I, Class II or Class IV;
110	110	19 (2) Class II to Class I;
111	111	20 (3) Class D to Class A, Class B, or Class C;
112	112	21 (4) Class C to Class A or Class B.
113	113	22 A person's assignment to Class III, Class II, Class C, or Class D shall
114	114	23 be reviewed at least once every six (6) months to determine if the
115	115	24 person should be reassigned to a higher credit time class. A credit
116	116	25 restricted felon may not be reassigned to Class I or Class II or to Class
117	117	26 A, Class B, or Class C.
118	118	27 (h) (i) This subsection applies only to a person imprisoned awaiting
119	119	28 trial. A person imprisoned awaiting trial is initially assigned to a credit
120	120	29 class based on the most serious offense with which the person is
121	121	30 charged. If all the offenses of which a person is convicted have a higher
122	122	31 credit time class than the most serious offense with which the person
123	123	32 is charged, the person earns credit time for the time imprisoned
124	124	33 awaiting trial at the credit time class of the most serious offense of
125	125	34 which the person was convicted. However, this section does not apply
126	126	35 to any period during which the person is reassigned to a lower credit
127	127	36 time class for a disciplinary violation.
128	128	37 (i) (j) This subsection applies only to a person placed on pretrial
129	129	38 home detention awaiting trial. This subsection does not apply to any
130	130	39 other person placed on home detention. A person placed on pretrial
131	131	40 home detention awaiting trial is assigned to Class P. A person assigned
132	132	41 to Class P may not be reassigned to another credit time class while the
133	133	42 person is on pretrial home detention awaiting trial.
134	134	2023 IN 1032—LS 6150/DI 131