Indiana 2023 Regular Session

Indiana House Bill HB1098 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. 1098
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-50-6.
7	7	Synopsis: Elimination of credit time. Provides that a habitual violent
8	8	offender is not entitled to good time credit.
9	9	Effective: July 1, 2023.
10	10	Gore
11	11	January 10, 2023, read first time and referred to Committee on Courts and Criminal Code.
12	12	2023 IN 1098—LS 6634/DI 149 Introduced
13	13	First Regular Session of the 123rd General Assembly (2023)
14	14	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
15	15	Constitution) is being amended, the text of the existing provision will appear in this style type,
16	16	additions will appear in this style type, and deletions will appear in this style type.
17	17	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
18	18	provision adopted), the text of the new provision will appear in this style type. Also, the
19	19	word NEW will appear in that style type in the introductory clause of each SECTION that adds
20	20	a new provision to the Indiana Code or the Indiana Constitution.
21	21	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
22	22	between statutes enacted by the 2022 Regular Session of the General Assembly.
23	23	HOUSE BILL No. 1098
24	24	A BILL FOR AN ACT to amend the Indiana Code concerning
25	25	criminal law and procedure.
26	26	Be it enacted by the General Assembly of the State of Indiana:
27	27	1 SECTION 1. IC 35-50-6-4, AS AMENDED BY P.L.44-2016,
28	28	2 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29	29	3 JULY 1, 2023]: Sec. 4. (a) As used in this section, "habitual violent
30	30	4 offender" means a person who has been convicted of two (2) or
31	31	5 more violent offenses (as defined in IC 11-12-3.7-6).
32	32	6 (a) (b) A person:
33	33	7 (1) who is not a credit restricted felon or a habitual violent
34	34	8 offender; and
35	35	9 (2) who is imprisoned for a Level 6 felony or a misdemeanor or
36	36	10 imprisoned awaiting trial or sentencing for a Level 6 felony or
37	37	11 misdemeanor;
38	38	12 is initially assigned to Class A.
39	39	13 (b) (c) A person:
40	40	14 (1) who is not a credit restricted felon or a habitual violent
41	41	15 offender; and
42	42	16 (2) who is imprisoned for a crime other than a Level 6 felony or
43	43	17 misdemeanor or imprisoned awaiting trial or sentencing for a
44	44	2023 IN 1098—LS 6634/DI 149 2
45	45	1 crime other than a Level 6 felony or misdemeanor;
46	46	2 is initially assigned to Class B.
47	47	3 (c) (d) A person who is a credit restricted felon and who is
48	48	4 imprisoned for a crime or imprisoned awaiting trial or sentencing is
49	49	5 initially assigned to Class C. A credit restricted felon may not be
50	50	6 assigned to Class A or Class B.
51	51	7 (e) A person who is a habitual violent offender and who is:
52	52	8 (1) imprisoned for a felony; or
53	53	9 (2) imprisoned awaiting trial or sentencing for a felony;
54	54	10 committed after June 30, 2023, is initially assigned to Class D. A
55	55	11 habitual violent offender may not be assigned to Class A, Class B,
56	56	12 or Class C.
57	57	13 (d) (f) A person who is not a credit restricted felon or a habitual
58	58	14 violent offender may be reassigned to Class C or Class D if the person
59	59	15 violates any of the following:
60	60	16 (1) A rule of the department of correction.
61	61	17 (2) A rule of the penal facility in which the person is imprisoned.
62	62	18 (3) A rule or condition of a community transition program.
63	63	19 However, a violation of a condition of parole or probation may not be
64	64	20 the basis for reassignment. Before a person may be reassigned to a
65	65	21 lower credit time class, the person must be granted a hearing to
66	66	22 determine the person's guilt or innocence and, if found guilty, whether
67	67	23 reassignment is an appropriate disciplinary action for the violation. The
68	68	24 person may waive the right to the hearing.
69	69	25 (e) (g) A person who is a credit restricted felon may be reassigned
70	70	26 to Class D and a person who is assigned to Class IV may be assigned
71	71	27 to Class III if the person violates any of the following:
72	72	28 (1) A rule of the department of correction.
73	73	29 (2) A rule of the penal facility in which the person is imprisoned.
74	74	30 (3) A rule or condition of a community transition program.
75	75	31 However, a violation of a condition of parole or probation may not be
76	76	32 the basis for reassignment. Before a person may be reassigned to Class
77	77	33 III or Class D, the person must be granted a hearing to determine the
78	78	34 person's guilt or innocence and, if found guilty, whether reassignment
79	79	35 is an appropriate disciplinary action for the violation. The person may
80	80	36 waive the right to the hearing.
81	81	37 (f) (h) In connection with the hearing granted under subsection (d)
82	82	38 or (e), (f) or (g), the person is entitled to:
83	83	39 (1) have not less than twenty-four (24) hours advance written
84	84	40 notice of the date, time, and place of the hearing, and of the
85	85	41 alleged misconduct and the rule the alleged misconduct is alleged
86	86	42 to have violated;
87	87	2023 IN 1098—LS 6634/DI 149 3
88	88	1 (2) have reasonable time to prepare for the hearing;
89	89	2 (3) have an impartial decisionmaker;
90	90	3 (4) appear and speak in the person's own behalf;
91	91	4 (5) call witnesses and present evidence;
92	92	5 (6) confront and cross-examine each witness, unless the hearing
93	93	6 authority finds that to do so would subject a witness to a
94	94	7 substantial risk of harm;
95	95	8 (7) have the assistance of a lay advocate (the department may
96	96	9 require that the advocate be an employee of, or a fellow prisoner
97	97	10 in, the same facility or program);
98	98	11 (8) have a written statement of the findings of fact, the evidence
99	99	12 relied upon, and the reasons for the action taken;
100	100	13 (9) have immunity if the person's testimony or any evidence
101	101	14 derived from the person's testimony is used in any criminal
102	102	15 proceedings; and
103	103	16 (10) have the person's record expunged of any reference to the
104	104	17 charge if the person is found not guilty or if a finding of guilt is
105	105	18 later overturned.
106	106	19 Any finding of guilt must be supported by a preponderance of the
107	107	20 evidence presented at the hearing.
108	108	21 (g) (i) Except for a credit restricted felon or a habitual violent
109	109	22 offender, a person may be reassigned from:
110	110	23 (1) Class III to Class I, Class II or Class IV;
111	111	24 (2) Class II to Class I;
112	112	25 (3) Class D to Class A, Class B, or Class C;
113	113	26 (4) Class C to Class A or Class B.
114	114	27 A person's assignment to Class III, Class II, Class C, or Class D shall
115	115	28 be reviewed at least once every six (6) months to determine if the
116	116	29 person should be reassigned to a higher credit time class. A credit
117	117	30 restricted felon or a habitual violent offender may not be reassigned
118	118	31 to Class I or Class II or to Class A, Class B, or Class C.
119	119	32 (h) (j) This subsection applies only to a person imprisoned awaiting
120	120	33 trial. A person imprisoned awaiting trial is initially assigned to a credit
121	121	34 class based on the most serious offense with which the person is
122	122	35 charged. If all the offenses of which a person is convicted have a higher
123	123	36 credit time class than the most serious offense with which the person
124	124	37 is charged, the person earns credit time for the time imprisoned
125	125	38 awaiting trial at the credit time class of the most serious offense of
126	126	39 which the person was convicted. However, this section does not apply
127	127	40 to any period during which the person is reassigned to a lower credit
128	128	41 time class for a disciplinary violation.
129	129	42 (i) (k) This subsection applies only to a person placed on pretrial
130	130	2023 IN 1098—LS 6634/DI 149 4
131	131	1 home detention awaiting trial. This subsection does not apply to any
132	132	2 other person placed on home detention. A person placed on pretrial
133	133	3 home detention awaiting trial is assigned to Class P. A person assigned
134	134	4 to Class P may not be reassigned to another credit time class while the
135	135	5 person is on pretrial home detention awaiting trial.
136	136	6 SECTION 2. IC 35-50-6-5, AS AMENDED BY P.L.74-2015,
137	137	7 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
138	138	8 JULY 1, 2023]: Sec. 5. (a) A person may, with respect to the same
139	139	9 transaction, be deprived of any part of the educational credit or good
140	140	10 time credit the person has earned for any of the following:
141	141	11 (1) A violation of one (1) or more rules of the department of
142	142	12 correction.
143	143	13 (2) If the person is not committed to the department, a violation
144	144	14 of one (1) or more rules of the penal facility in which the person
145	145	15 is imprisoned.
146	146	16 (3) A violation of one (1) or more rules or conditions of a:
147	147	17 (A) community transition program; or
148	148	18 (B) community corrections program.
149	149	19 (4) If a court determines that a civil claim brought by the person
150	150	20 in a state or an administrative court is frivolous, unreasonable, or
151	151	21 groundless.
152	152	22 (5) If the person is a sex or violent offender (as defined in
153	153	23 IC 11-8-8-5) and refuses to register before being released from the
154	154	24 department as required under IC 11-8-8-7.
155	155	25 (6) If the person is a sex offender (as defined in IC 11-8-8-4.5)
156	156	26 and refuses to participate in a sex offender treatment program
157	157	27 specifically offered to the sex offender by the department of
158	158	28 correction while the person is serving a period of incarceration
159	159	29 with the department of correction.
160	160	30 However, the violation of a condition of parole or probation may not be
161	161	31 the basis for deprivation, unless the person is confined on home
162	162	32 detention as a condition of probation under IC 35-38-2.5-5. Whenever
163	163	33 a person is deprived of educational credit or good time credit, the
164	164	34 person may also be reassigned to Class II (if the person is not a credit
165	165	35 restricted felon) or Class III, Class C, or Class D.
166	166	36 (b) Before a person may be deprived of educational credit or good
167	167	37 time credit, the person must be granted a hearing to determine the
168	168	38 person's guilt or innocence and, if found guilty, whether deprivation of
169	169	39 earned educational credit or good time credit is an appropriate
170	170	40 disciplinary action for the violation. In connection with the hearing, the
171	171	41 person is entitled to the procedural safeguards listed in section 4(c) 4
172	172	42 of this chapter. The person may waive the person's right to the hearing.
173	173	2023 IN 1098—LS 6634/DI 149 5
174	174	1 (c) Any part of the educational credit or good time credit of which
175	175	2 a person is deprived under this section may be restored.
176	176	2023 IN 1098—LS 6634/DI 149