Introduced Version
HOUSE BILL No. 1032
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-50-6-4.
Synopsis: Credit time assignments. Provides that a person who is
imprisoned for a crime or imprisoned awaiting trial or sentencing for
a crime that resulted in death or serious bodily injury to a public safety
official, for a crime committed after June 30, 2023, is initially assigned
to Class D and may not be assigned or reassigned to any other credit
time class.
Effective: July 1, 2023.
Frye R
January 9, 2023, read first time and referred to Committee on Courts and Criminal Code.
2023 IN 1032—LS 6150/DI 131 Introduced
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1032
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 35-50-6-4, AS AMENDED BY P.L.44-2016,
2 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]: Sec. 4. (a) A person:
4 (1) who is not a credit restricted felon; and
5 (2) who is imprisoned for a Level 6 felony or a misdemeanor or
6 imprisoned awaiting trial or sentencing for a Level 6 felony or
7 misdemeanor;
8 is initially assigned to Class A.
9 (b) A person:
10 (1) who is not a credit restricted felon; and
11 (2) who is imprisoned for a crime other than a Level 6 felony or
12 misdemeanor or imprisoned awaiting trial or sentencing for a
13 crime other than a Level 6 felony or misdemeanor;
14 is initially assigned to Class B.
15 (c) A person who is a credit restricted felon and who is imprisoned
16 for a crime or imprisoned awaiting trial or sentencing is initially
17 assigned to Class C. A credit restricted felon may not be assigned to
2023 IN 1032—LS 6150/DI 131 2
1 Class A or Class B.
2 (d) Notwithstanding any other law, a person who is imprisoned
3 for a crime or imprisoned awaiting trial or sentencing for a crime
4 that resulted in death or serious bodily injury to a public safety
5 official (as defined in IC 35-42-2-1), for a crime committed after
6 June 30, 2023, is initially assigned to Class D and may not be
7 assigned or reassigned to any other credit time class.
8 (d) (e) A person who is not a credit restricted felon may be
9 reassigned to Class C or Class D if the person violates any of the
10 following:
11 (1) A rule of the department of correction.
12 (2) A rule of the penal facility in which the person is imprisoned.
13 (3) A rule or condition of a community transition program.
14 However, a violation of a condition of parole or probation may not be
15 the basis for reassignment. Before a person may be reassigned to a
16 lower credit time class, the person must be granted a hearing to
17 determine the person's guilt or innocence and, if found guilty, whether
18 reassignment is an appropriate disciplinary action for the violation. The
19 person may waive the right to the hearing.
20 (e) (f) A person who is a credit restricted felon may be reassigned
21 to Class D and a person who is assigned to Class IV may be assigned
22 to Class III if the person violates any of the following:
23 (1) A rule of the department of correction.
24 (2) A rule of the penal facility in which the person is imprisoned.
25 (3) A rule or condition of a community transition program.
26 However, a violation of a condition of parole or probation may not be
27 the basis for reassignment. Before a person may be reassigned to Class
28 III or Class D, the person must be granted a hearing to determine the
29 person's guilt or innocence and, if found guilty, whether reassignment
30 is an appropriate disciplinary action for the violation. The person may
31 waive the right to the hearing.
32 (f) (g) In connection with the hearing granted under subsection (d)
33 (e) or (e), (f), the person is entitled to:
34 (1) have not less than twenty-four (24) hours advance written
35 notice of the date, time, and place of the hearing, and of the
36 alleged misconduct and the rule the alleged misconduct is alleged
37 to have violated;
38 (2) have reasonable time to prepare for the hearing;
39 (3) have an impartial decisionmaker;
40 (4) appear and speak in the person's own behalf;
41 (5) call witnesses and present evidence;
42 (6) confront and cross-examine each witness, unless the hearing
2023 IN 1032—LS 6150/DI 131 3
1 authority finds that to do so would subject a witness to a
2 substantial risk of harm;
3 (7) have the assistance of a lay advocate (the department may
4 require that the advocate be an employee of, or a fellow prisoner
5 in, the same facility or program);
6 (8) have a written statement of the findings of fact, the evidence
7 relied upon, and the reasons for the action taken;
8 (9) have immunity if the person's testimony or any evidence
9 derived from the person's testimony is used in any criminal
10 proceedings; and
11 (10) have the person's record expunged of any reference to the
12 charge if the person is found not guilty or if a finding of guilt is
13 later overturned.
14 Any finding of guilt must be supported by a preponderance of the
15 evidence presented at the hearing.
16 (g) (h) Except for a credit restricted felon or except as provided in
17 subsection (d), a person may be reassigned from:
18 (1) Class III to Class I, Class II or Class IV;
19 (2) Class II to Class I;
20 (3) Class D to Class A, Class B, or Class C;
21 (4) Class C to Class A or Class B.
22 A person's assignment to Class III, Class II, Class C, or Class D shall
23 be reviewed at least once every six (6) months to determine if the
24 person should be reassigned to a higher credit time class. A credit
25 restricted felon may not be reassigned to Class I or Class II or to Class
26 A, Class B, or Class C.
27 (h) (i) This subsection applies only to a person imprisoned awaiting
28 trial. A person imprisoned awaiting trial is initially assigned to a credit
29 class based on the most serious offense with which the person is
30 charged. If all the offenses of which a person is convicted have a higher
31 credit time class than the most serious offense with which the person
32 is charged, the person earns credit time for the time imprisoned
33 awaiting trial at the credit time class of the most serious offense of
34 which the person was convicted. However, this section does not apply
35 to any period during which the person is reassigned to a lower credit
36 time class for a disciplinary violation.
37 (i) (j) This subsection applies only to a person placed on pretrial
38 home detention awaiting trial. This subsection does not apply to any
39 other person placed on home detention. A person placed on pretrial
40 home detention awaiting trial is assigned to Class P. A person assigned
41 to Class P may not be reassigned to another credit time class while the
42 person is on pretrial home detention awaiting trial.
2023 IN 1032—LS 6150/DI 131