Indiana 2023 Regular Session

Indiana House Bill HB1087 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1087.2
	2	+	Reprinted
	3	+	March 29, 2023
	4	+	ENGROSSED
	5	+	HOUSE BILL No. 1087
	6	+	_____
	7	+	DIGEST OF HB 1087 (Updated March 28, 2023 1:57 pm - DI 106)
	8	+	Citations Affected: IC 11-10.
	9	+	Synopsis: Transportation for a released offender. Provides that the
	10	+	department of correction may not provide transportation to, or procure
	11	+	transportation or public transportation to, a county other than the
	12	+	released offender's county of residence at the time of conviction unless
	13	+	certain circumstances apply.
	14	+	Effective: July 1, 2023.
	15	+	Moed, Morris, McNamara, Gore
	16	+	(SENATE SPONSORS — TAYLOR G, FREEMAN, QADDOURA)
	17	+	January 9, 2023, read first time and referred to Committee on Courts and Criminal Code.
	18	+	February 9, 2023, amended, reported — Do Pass.
	19	+	February 13, 2023, read second time, ordered engrossed.
	20	+	February 14, 2023, engrossed. Read third time, passed. Yeas 95, nays 1.
	21	+	SENATE ACTION
	22	+	February 27, 2023, read first time and referred to Committee on Corrections and Criminal
	23	+	Law.
	24	+	March 21, 2023, reported favorably — Do Pass.
	25	+	March 28, 2023, read second time, amended, ordered engrossed.
	26	+	EH 1087—LS 6277/DI 139 Reprinted
	27	+	March 29, 2023
1	28		First Regular Session of the 123rd General Assembly (2023)
2	29		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	30		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	31		additions will appear in this style type, and deletions will appear in this style type.
5	32		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	33		provision adopted), the text of the new provision will appear in this style type. Also, the
7	34		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	35		a new provision to the Indiana Code or the Indiana Constitution.
9	36		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	37		between statutes enacted by the 2022 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1087
12		-	AN ACT to amend the Indiana Code concerning corrections.
	38	+	ENGROSSED
	39	+	HOUSE BILL No. 1087
	40	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	41	+	corrections.
13	42		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 11-10-12-2 IS AMENDED TO READ AS
15		-	FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) When a
16		-	committed criminal offender is released on parole or probation or is
17		-	discharged, the department, at the discretion of the department and
18		-	subject to subsection (c), shall:
19		-	(1) either:
20		-	(A) procure transportation for him the released offender to
21		-	his the released offender's designated place of residence;
22		-	(B) procure public transportation for the released offender to
23		-	the Indiana city or town that is nearest to the released
24		-	offender's designated place of residence; or
25		-	(C) upon request of the released offender, provide
26		-	transportation for the released offender to any other place in
27		-	Indiana as the commissioner may designate; and
28		-	(2) provide him the released offender with an amount of money
29		-	to be determined by the department in accordance with
30		-	procedures approved by the budget agency to enable him the
31		-	released offender to meet his the released offender's immediate
32		-	needs.
33		-	Except as provided in subdivision (2), a criminal released offender is
34		-	not entitled to receive a payment in lieu of transportation under this
35		-	subsection.
36		-	HEA 1087 — Concur 2
37		-	(b) The department shall establish standards for use in determining
38		-	the amount of money to be paid under subsection (a)(2) to a criminal
39		-	released offender upon release on parole or probation or upon
40		-	discharge. These standards:
41		-	(1) must be consistently applied to each criminal released
42		-	offender upon release or discharge;
43		-	(2) must take into account amounts earned by a criminal
44		-	offenders released offender through a work release programs
45		-	program before release or discharge; and
46		-	(3) may allow for no payment to criminal offenders a released
47		-	offender who are is determined by the department to have
48		-	accumulated a sufficient amount of money to meet the criminal
49		-	released offender's immediate needs upon release or discharge.
50		-	(c) Except as provided in subsection (d), the department may
51		-	not provide transportation to, or procure transportation or public
52		-	transportation to, a county other than the released offender's
53		-	county of residence at the time of conviction.
54		-	(d) The department may provide transportation to, or procure
	43	+	1 SECTION 1. IC 11-10-12-2 IS AMENDED TO READ AS
	44	+	2 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) When a
	45	+	3 committed criminal offender is released on parole or probation or is
	46	+	4 discharged, the department, at the discretion of the department and
	47	+	5 subject to subsection (c), shall:
	48	+	6 (1) either:
	49	+	7 (A) procure transportation for him the released offender to
	50	+	8 his the released offender's designated place of residence;
	51	+	9 (B) procure public transportation for the released offender to
	52	+	10 the Indiana city or town that is nearest to the released
	53	+	11 offender's designated place of residence; or
	54	+	12 (C) upon request of the released offender, provide
	55	+	13 transportation for the released offender to any other place in
	56	+	14 Indiana as the commissioner may designate; and
	57	+	15 (2) provide him the released offender with an amount of money
	58	+	16 to be determined by the department in accordance with
	59	+	17 procedures approved by the budget agency to enable him the
	60	+	EH 1087—LS 6277/DI 139 2
	61	+	1 released offender to meet his the released offender's immediate
	62	+	2 needs.
	63	+	3 Except as provided in subdivision (2), a criminal released offender is
	64	+	4 not entitled to receive a payment in lieu of transportation under this
	65	+	5 subsection.
	66	+	6 (b) The department shall establish standards for use in determining
	67	+	7 the amount of money to be paid under subsection (a)(2) to a criminal
	68	+	8 released offender upon release on parole or probation or upon
	69	+	9 discharge. These standards:
	70	+	10 (1) must be consistently applied to each criminal released
	71	+	11 offender upon release or discharge;
	72	+	12 (2) must take into account amounts earned by a criminal
	73	+	13 offenders released offender through a work release programs
	74	+	14 program before release or discharge; and
	75	+	15 (3) may allow for no payment to criminal offenders a released
	76	+	16 offender who are is determined by the department to have
	77	+	17 accumulated a sufficient amount of money to meet the criminal
	78	+	18 released offender's immediate needs upon release or discharge.
	79	+	19 (c) Except as provided in subsection (d), the department may
	80	+	20 not provide transportation to, or procure transportation or public
	81	+	21 transportation to, a county other than the released offender's
	82	+	22 county of residence at the time of conviction.
	83	+	23 (d) The department may provide transportation to, or procure
	84	+	24 transportation or public transportation to, a county other than the
	85	+	25 released offender's county of residence at the time of conviction if
	86	+	26 the released offender:
	87	+	27 (1) has been ordered by a court to serve home detention,
	88	+	28 probation, or community corrections in a county other than
	89	+	29 the released offender's county of residence; or
	90	+	30 (2) provides written proof that:
	91	+	31 (A) the released offender has been accepted into a reentry
	92	+	32 program offered or approved by a:
	93	+	33 (i) court;
	94	+	34 (ii) state agency; or
	95	+	35 (iii) local county or municipal agency; and
	96	+	36 (B) the:
	97	+	37 (i) released offender has employment; or
	98	+	38 (ii) reentry program plan includes a housing plan that
	99	+	39 has been approved or established by an entity described
	100	+	40 in clause (A)(i) through (A)(iii). For purposes of this
	101	+	41 item, a housing plan does not include housing provided
	102	+	42 by a homeless shelter.
	103	+	EH 1087—LS 6277/DI 139 3
	104	+	COMMITTEE REPORT
	105	+	Mr. Speaker: Your Committee on Courts and Criminal Code, to
	106	+	which was referred House Bill 1087, has had the same under
	107	+	consideration and begs leave to report the same back to the House with
	108	+	the recommendation that said bill be amended as follows:
	109	+	Page 2, line 19, delete "The" and insert "Except as provided in
	110	+	subsection (d), the".
	111	+	Page 2, after line 22, begin a new paragraph and insert:
	112	+	"(d) The department may provide transportation to, or procure
55	113		transportation or public transportation to, a county other than the
56	114		released offender's county of residence at the time of conviction if
57	115		the released offender:
58	116		(1) has been ordered by a court to serve home detention,
59	117		probation, or community corrections in a county other than
60	118		the released offender's county of residence; or
61	119		(2) provides written proof that:
62	120		(A) the released offender has been accepted into a reentry
63	121		program offered or approved by a:
64	122		(i) court;
65	123		(ii) state agency; or
66		-	(iii) local county or municipal agency; and
67		-	(B) the:
	124	+	(iii) local county or municipal agency;
	125	+	(B) the released offender has employment; and
	126	+	(C) the reentry program plan includes a housing plan that
	127	+	has been approved or established by an entity described in
	128	+	clause (A)(i) through (A)(iii). For purposes of this clause,
	129	+	a housing plan does not include housing provided by a
	130	+	homeless shelter.".
	131	+	Renumber all SECTIONS consecutively.
	132	+	and when so amended that said bill do pass.
	133	+	(Reference is to HB 1087 as introduced.)
	134	+	MCNAMARA
	135	+	Committee Vote: yeas 13, nays 0.
	136	+	EH 1087—LS 6277/DI 139 4
	137	+	COMMITTEE REPORT
	138	+	Madam President: The Senate Committee on Corrections and
	139	+	Criminal Law, to which was referred House Bill No. 1087, has had the
	140	+	same under consideration and begs leave to report the same back to the
	141	+	Senate with the recommendation that said bill DO PASS.
	142	+	(Reference is to HB 1087 as printed February 9, 2023.)
	143	+
	144	+	FREEMAN, Chairperson
	145	+	Committee Vote: Yeas 7, Nays 0
	146	+	_____
	147	+	SENATE MOTION
	148	+	Madam President: I move that Engrossed House Bill 1087 be
	149	+	amended to read as follows:
	150	+	Page 2, line 35, after "agency;" insert "and".
	151	+	Page 2, delete lines 36 through 41, begin a new line double block
	152	+	indented and insert:
	153	+	"(B) the:
68	154		(i) released offender has employment; or
69	155		(ii) reentry program plan includes a housing plan that
70	156		has been approved or established by an entity described
71	157		in clause (A)(i) through (A)(iii). For purposes of this
72	158		item, a housing plan does not include housing provided
73		-	by a homeless shelter.
74		-	HEA 1087 — Concur Speaker of the House of Representatives
75		-	President of the Senate
76		-	President Pro Tempore
77		-	Governor of the State of Indiana
78		-	Date: Time:
79		-	HEA 1087 — Concur
	159	+	by a homeless shelter.".
	160	+	(Reference is to EHB 1087 as printed March 22, 2023.)
	161	+	TAYLOR G
	162	+	EH 1087—LS 6277/DI 139