Indiana 2023 Regular Session

Indiana House Bill HB1269 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. 1269
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 2-5.
7	7	Synopsis: Interim studies of the criminal justice system. Establishes
8	8	the criminal justice study committee to conduct a comprehensive study
9	9	of the criminal justice system in the 2023 and 2024 interims.
10	10	Establishes a permanent criminal justice reform commission to study
11	11	sentencing, corrections, services provided to offenders, and other topics
12	12	affecting the criminal justice system.
13	13	Effective: Upon passage.
14	14	Bartlett
15	15	January 11, 2023, read first time and referred to Committee on Courts and Criminal Code.
16	16	2023 IN 1269—LS 6621/DI 92 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. 1269
28	28	A BILL FOR AN ACT to amend the Indiana Code concerning the
29	29	general assembly.
30	30	Be it enacted by the General Assembly of the State of Indiana:
31	31	1 SECTION 1. IC 2-5-47 IS ADDED TO THE INDIANA CODE AS
32	32	2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
33	33	3 PASSAGE]:
34	34	4 Chapter 47. Criminal Justice Study Committee
35	35	5 Sec. 1. As used in this chapter, "committee" means the criminal
36	36	6 justice study committee established by section 2 of this chapter.
37	37	7 Sec. 2. The criminal justice study committee is established.
38	38	8 Sec. 3. (a) The committee consists of the following members:
39	39	9 (1) The members of the house of representatives standing
40	40	10 committee on courts and criminal code.
41	41	11 (2) The members of the senate standing committee on
42	42	12 corrections and criminal law.
43	43	13 (3) Lay members appointed by the members of the personnel
44	44	14 subcommittee of the legislative council as follows:
45	45	15 (A) One (1) member appointed by the speaker of the house
46	46	16 of representatives with expertise in criminal law and
47	47	17 procedure.
48	48	2023 IN 1269—LS 6621/DI 92 2
49	49	1 (B) One (1) member appointed by the minority leader of
50	50	2 the house of representatives with expertise in providing
51	51	3 mental health services to incarcerated individuals.
52	52	4 (C) One (1) member appointed by the president pro
53	53	5 tempore of the senate with expertise in providing education
54	54	6 services to incarcerated individuals.
55	55	7 (D) One (1) member appointed by the minority leader of
56	56	8 the senate with expertise in providing vocational skills
57	57	9 training to incarcerated individuals.
58	58	10 (b) A vacancy on the committee must be filled by the original
59	59	11 appointing authority.
60	60	12 Sec. 4. The chairperson of the legislative council shall appoint a
61	61	13 member of the committee described in section 3(a)(1) or 3(a)(2) of
62	62	14 this chapter to serve as chairperson of the committee.
63	63	15 Sec. 5. The committee is:
64	64	16 (1) under the jurisdiction of the legislative council; and
65	65	17 (2) subject to the resolutions adopted by the legislative council
66	66	18 to govern interim study committees.
67	67	19 Sec. 6. Unless specifically authorized by the legislative council
68	68	20 in a resolution described in section 5 of this chapter, the
69	69	21 chairperson of the committee may not create subcommittees.
70	70	22 Sec. 7. The committee shall do the following:
71	71	23 (1) Conduct a multiyear, comprehensive study of the criminal
72	72	24 justice system.
73	73	25 (2) Study all aspects of the criminal justice system from an
74	74	26 individual's first encounter with law enforcement in a
75	75	27 particular case through the disposition of the case, including
76	76	28 periods of incarceration in a county jail or a facility operated
77	77	29 by the department of correction.
78	78	30 (3) Evaluate the state's compliance with Article 1, Section 18
79	79	31 of the Constitution of the State of Indiana, which provides
80	80	32 that "The penal code shall be founded on the principles of
81	81	33 reformation, and not of vindictive justice.".
82	82	34 (4) Study ways to enhance rehabilitative services provided by
83	83	35 the criminal justice system, including opportunities for the
84	84	36 early release of an individual who demonstrates that the
85	85	37 individual has been rehabilitated, is unlikely to commit
86	86	38 another offense, and has acquired the education or skills or
87	87	39 both necessary to find employment if released from
88	88	40 incarceration before the end of the individual's sentence.
89	89	41 (5) Study issues concerning individuals who are mentally ill at
90	90	42 the time of their incarceration and ways to reduce the number
91	91	2023 IN 1269—LS 6621/DI 92 3
92	92	1 of individuals incarcerated through the prevention, detection,
93	93	2 and treatment of mental illness.
94	94	3 (6) Study the impact of substance use disorders on the
95	95	4 criminal justice system.
96	96	5 (7) Study the impact of the mental health of the homeless on
97	97	6 the criminal justice system.
98	98	7 Sec. 8. The legislative services agency shall provide staff support
99	99	8 to the committee.
100	100	9 Sec. 9. This chapter expires January 1, 2025.
101	101	10 SECTION 2. IC 2-5-48 IS ADDED TO THE INDIANA CODE AS
102	102	11 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
103	103	12 PASSAGE]:
104	104	13 Chapter 48. Criminal Justice Reform Commission
105	105	14 Sec. 1. As used in this chapter, "commission" means the
106	106	15 criminal justice reform commission established by section 2 of this
107	107	16 chapter.
108	108	17 Sec. 2. The criminal justice reform commission is established.
109	109	18 Sec. 3. (a) The commission consists of the following members:
110	110	19 (1) Two (2) members appointed by the president pro tempore
111	111	20 of the senate who are not affiliated with the same political
112	112	21 party.
113	113	22 (2) Two (2) members appointed by the speaker of the house of
114	114	23 representatives who are not affiliated with the same political
115	115	24 party.
116	116	25 (3) Two (2) members appointed by the commissioner of the
117	117	26 department of correction who are of different genders.
118	118	27 (4) One (1) member appointed by the chairperson of the
119	119	28 Indiana black legislative caucus or a person of comparable
120	120	29 executive authority in the event of a successor entity or
121	121	30 caucus.
122	122	31 (5) One (1) member appointed by the president of the Indiana
123	123	32 state conference of the National Association for the
124	124	33 Advancement of Colored People (NAACP) or a person of
125	125	34 comparable executive authority in the event of a successor
126	126	35 entity.
127	127	36 (b) If a legislative member of the commission ceases to be a
128	128	37 member of the chamber from which the member was appointed,
129	129	38 the person ceases to be a member of the commission.
130	130	39 (c) The term of a member is two (2) years.
131	131	40 (d) If:
132	132	41 (1) the term of a member expires;
133	133	42 (2) the member is not reappointed; and
134	134	2023 IN 1269—LS 6621/DI 92 4
135	135	1 (3) a successor is not appointed;
136	136	2 the term of the member continues until a successor is appointed.
137	137	3 Sec. 4. (a) The chairperson of the legislative council shall
138	138	4 appoint a chairperson from among the commission's legislative
139	139	5 members.
140	140	6 (b) The vice chairperson of the legislative council shall appoint
141	141	7 a vice chairperson from among the commission's legislative
142	142	8 members.
143	143	9 Sec. 5. (a) A vacancy on the commission shall be filled by the
144	144	10 original appointing authority.
145	145	11 (b) If the office of chairperson or vice chairperson of the
146	146	12 commission becomes vacant, the commission shall elect a person to
147	147	13 fill the vacancy from among the legislative members of the
148	148	14 commission.
149	149	15 Sec. 6. The affirmative votes of a majority of the voting
150	150	16 members appointed to the commission are required for the
151	151	17 commission to take action on any measure, including final reports.
152	152	18 Sec. 7. (a) The commission shall operate under the resolutions
153	153	19 governing interim study committees adopted by the legislative
154	154	20 council.
155	155	21 (b) The commission may, in accordance with the resolutions
156	156	22 governing interim study committees, create subcommittees
157	157	23 consisting of its members in order to conduct its business.
158	158	24 Sec. 8. Each legislative member and each lay member of the
159	159	25 commission is entitled to receive the same per diem, mileage, and
160	160	26 travel allowances paid to individuals serving as legislative and lay
161	161	27 members, respectively, on an interim study committee established
162	162	28 by the legislative council.
163	163	29 Sec. 9. The commission shall do the following:
164	164	30 (1) Review criminal sentencing statutes and make
165	165	31 recommendations designed to ensure appropriate and
166	166	32 proportional criminal sentencing.
167	167	33 (2) Analyze diversion programs and make recommendations
168	168	34 concerning the funding, expansion, and standardization of
169	169	35 diversion programs.
170	170	36 (3) Review community supervision levels and programs
171	171	37 available for individuals serving sentences for felony
172	172	38 convictions.
173	173	39 (4) Study and make recommendations concerning the
174	174	40 creation, implementation, and funding of specialty courts.
175	175	41 (5) Survey and make recommendations concerning evidence
176	176	42 based programs for individuals who have committed criminal
177	177	2023 IN 1269—LS 6621/DI 92 5
178	178	1 offenses and are serving their sentences in correctional
179	179	2 facilities and in the community.
180	180	3 (6) Review department of correction policies for placement of
181	181	4 individuals who have committed criminal offenses and make
182	182	5 recommendations concerning the use and implementation of
183	183	6 specialty facilities for individuals who are incarcerated with
184	184	7 the department of correction and have geriatric, health care,
185	185	8 or addiction issues.
186	186	9 (7) Evaluate existing information management data systems
187	187	10 and recommend improvements to facilitate the efficient
188	188	11 monitoring of the criminal justice system.
189	189	12 (8) Study, review, analyze, and consider any other matter that
190	190	13 may improve the efficiency or efficacy of the criminal justice
191	191	14 system.
192	192	15 Sec. 10. The legislative services agency shall provide staff
193	193	16 support to the commission.
194	194	17 Sec. 11. Not later than November 1 of each year, the commission
195	195	18 shall:
196	196	19 (1) prepare a report containing the commission's findings and
197	197	20 recommendations; and
198	198	21 (2) submit the report to the legislative council in an electronic
199	199	22 format under IC 5-14-6.
200	200	23 SECTION 3. An emergency is declared for this act.
201	201	2023 IN 1269—LS 6621/DI 92