Indiana 2023 Regular Session

Indiana House Bill HB1648 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB1648.1~~
2		-	~~February 16, 2023~~
	1	+
	2	+	Introduced Version
3	3		HOUSE BILL No. 1648
4	4		_____
5		-	DIGEST OF HB 1648 (Updated February 15, 2023 12:28 pm - DI 106)
6		-	Citations Affected: IC 11-13; IC 35-38.
7		-	Synopsis: Sentence modification. Establishes an additional sentencing
8		-	modification procedure for certain individuals and requires that the
9		-	department of correction annually review inmate records and transmit
10		-	certain information to specified persons.
	5	+	DIGEST OF INTRODUCED BILL
	6	+	Citations Affected: IC 11-13.
	7	+	Synopsis: Release from department of correction and parole. Requires
	8	+	that the department of correction (department) evaluate the inmates
	9	+	confined to the custody of the department to determine whether an
	10	+	inmate is eligible for medical reprieve or geriatric reprieve. Sets forth
	11	+	the eligibility requirements for medical reprieve and geriatric reprieve.
	12	+	Establishes a program that incentivizes educational achievement, stable
	13	+	employment, and completion of treatment under certain mental health
	14	+	or addiction programs by reducing the term of parole for a parolee.
	15	+	Makes conforming changes.
11	16		Effective: July 1, 2023.
12	17		Morris, McNamara, Baird
13	18		January 19, 2023, read first time and referred to Committee on Courts and Criminal Code.
14		-	February 16, 2023, amended, reported — Do Pass.
15		-	HB 1648—LS 6916/DI 139 February 16, 2023
	19	+	2023 IN 1648—LS 6916/DI 139 Introduced
16	20		First Regular Session of the 123rd General Assembly (2023)
17	21		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
18	22		Constitution) is being amended, the text of the existing provision will appear in this style type,
19	23		additions will appear in this style type, and deletions will appear in this style type.
20	24		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
21	25		provision adopted), the text of the new provision will appear in this style type. Also, the
22	26		word NEW will appear in that style type in the introductory clause of each SECTION that adds
23	27		a new provision to the Indiana Code or the Indiana Constitution.
24	28		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
25	29		between statutes enacted by the 2022 Regular Session of the General Assembly.
26	30		HOUSE BILL No. 1648
27	31		A BILL FOR AN ACT to amend the Indiana Code concerning
28	32		corrections.
29	33		Be it enacted by the General Assembly of the State of Indiana:
30	34		1 SECTION 1. IC 11-13-9-2, AS AMENDED BY P.L.74-2015,
31	35		2 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32	36		3 JULY 1, 2023]: Sec. 2. (a) As used in this section, the years of an
33	37		4 inmate's confinement are "consecutive" if:
34	38		5 (1) the inmate has remained in the continuous custody of the
35	39		6 department for the requisite length of time; or
36	40		7 (2) the inmate would have remained in the continuous custody of
37	41		8 the department for the requisite length of time, but:
38	42		9 (A) was released from the custody of the department on the
39	43		10 basis of an erroneous court order; and
40	44		11 (B) returned to the custody of the department not later than
41	45		12 seventy-two (72) hours after the erroneous court order was
42	46		13 rescinded.
43	47		14 (b) Notwithstanding any other law, as soon as practicable after an
44	48		15 inmate has been confined to the custody of the department for:
45	49		16 (1) twenty-five (25) consecutive years;
46	50		17 (2) twenty-four (24) consecutive years if the inmate has received
47		-	HB 1648—LS 6916/DI 139 2
	51	+	2023 IN 1648—LS 6916/DI 139 2
48	52		1 one (1) year of educational credit under IC 35-50-6-3.3;
49	53		2 (3) twenty-three (23) consecutive years if the inmate has received
50	54		3 two (2) years of educational credit under IC 35-50-6-3.3;
51	55		4 (4) twenty-two (22) consecutive years if the inmate has received
52	56		5 three (3) years of educational credit under IC 35-50-6-3.3; or
53	57		6 (5) twenty-one (21) consecutive years if the inmate has received
54	58		7 four (4) years of educational credit under IC 35-50-6-3.3;
55	59		8 the department shall identify the inmate to the parole board and provide
56	60		9 the parole board with the inmate's offender progress report.
57		-	10 (c) The department shall annually:
58		-	11 (1) review the inmate population of the department's facilities
59		-	12 and programs in accordance with IC 35-38-1-17(o);
60		-	13 (2) before November 1 of each year, transmit to the criminal
61		-	14 justice institute for use in the institute's report under
62		-	15 IC 5-2-6-24 the:
63		-	16 (A) number of inmates described in IC 35-38-1-17(d) and
64		-	17 not disqualified under IC 35-38-1-17(c); and
65		-	18 (B) number of inmates whose sentence was modified by the
66		-	19 sentencing court; and
67		-	20 (3) in the case of an eligible inmate who meets the criteria of
68		-	21 IC 35-38-1-17(o):
69		-	22 (A) not later than fourteen (14) days after the diagnosis,
70		-	23 notify the inmate and the inmate's emergency contact and
71		-	24 next of kin that they may prepare and submit on the
72		-	25 inmate's behalf a request for a sentence modification, and
73		-	26 provide a copy of the inmate's offender progress report to
74		-	27 the notified individuals; and
75		-	28 (B) not later than thirty (30) days after the date of
76		-	29 diagnosis, provide the defendant's emergency contact and
77		-	30 next of kin with an opportunity to visit the defendant in
78		-	31 person, virtually, or telephonically.
79		-	32 (d) Notwithstanding any other provision of the law, an offender
80		-	33 progress report must include a complete summary of all
81		-	34 rehabilitative:
82		-	35 (1) programs;
83		-	36 (2) work;
84		-	37 (3) education; and
85		-	38 (4) certifications;
86		-	39 completed by an inmate during the inmate's confinement to the
87		-	40 custody of the department.
88		-	41 (e) The department shall provide an inmate with a copy of the
89		-	42 inmate's offender progress report at least sixty (60) days before
90		-	HB 1648—LS 6916/DI 139 3
91		-	1 submitting the offender progress report to the parole board under
92		-	2 this section.
93		-	3 (f) The department shall release an offender progress report to
94		-	4 the supervising authority tasked with supervising an inmate
95		-	5 released from the custody of the department to parole, probation,
96		-	6 or a community transition program.
97		-	7 SECTION 2. IC 35-38-1-17, AS AMENDED BY P.L.45-2018,
98		-	8 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
99		-	9 JULY 1, 2023]: Sec. 17. (a) Notwithstanding IC 1-1-5.5-21, this section
100		-	10 applies to a person who:
101		-	11 (1) commits an offense; or
102		-	12 (2) is sentenced;
103		-	13 before July 1, 2014.
104		-	14 (b) This section does not apply to a credit restricted felon.
105		-	15 (c) Except as provided in subsections (k), and (m), and (n), this
106		-	16 section does not apply to a violent criminal.
107		-	17 (d) As used in this section, "violent criminal" means a person
108		-	18 convicted of any of the following offenses:
109		-	19 (1) Murder (IC 35-42-1-1).
110		-	20 (2) Attempted murder (IC 35-41-5-1).
111		-	21 (3) Voluntary manslaughter (IC 35-42-1-3).
112		-	22 (4) Involuntary manslaughter (IC 35-42-1-4).
113		-	23 (5) Reckless homicide (IC 35-42-1-5).
114		-	24 (6) Aggravated battery (IC 35-42-2-1.5).
115		-	25 (7) Kidnapping (IC 35-42-3-2).
116		-	26 (8) Rape (IC 35-42-4-1).
117		-	27 (9) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
118		-	28 (10) Child molesting (IC 35-42-4-3).
119		-	29 (11) Sexual misconduct with a minor as a Class A felony under
120		-	30 IC 35-42-4-9(a)(2) or a Class B felony under IC 35-42-4-9(b)(2)
121		-	31 (for a crime committed before July 1, 2014) or sexual misconduct
122		-	32 with a minor as a Level 1 felony under IC 35-42-4-9(a)(2) or a
123		-	33 Level 2 felony under IC 35-42-4-9(b)(2) (for a crime committed
124		-	34 after June 30, 2014).
125		-	35 (12) Robbery as a Class A felony or a Class B felony (IC
126		-	36 35-42-5-1) (for a crime committed before July 1, 2014) or robbery
127		-	37 as a Level 2 felony or a Level 3 felony (IC 35-42-5-1) (for a crime
128		-	38 committed after June 30, 2014).
129		-	39 (13) Burglary as Class A felony or a Class B felony (IC
130		-	40 35-43-2-1) (for a crime committed before July 1, 2014) or
131		-	41 burglary as a Level 1 felony, Level 2 felony, Level 3 felony, or
132		-	42 Level 4 felony (IC 35-43-2-1) (for a crime committed after June
133		-	HB 1648—LS 6916/DI 139 4
134		-	1 30, 2014).
135		-	2 (14) Unlawful possession of a firearm by a serious violent felon
136		-	3 (IC 35-47-4-5).
137		-	4 (e) At any time after:
138		-	5 (1) a convicted person begins serving the person's sentence; and
139		-	6 (2) the court obtains a report from the department of correction
140		-	7 concerning the convicted person's conduct while imprisoned;
141		-	8 the court may reduce or suspend the sentence and impose a sentence
142		-	9 that the court was authorized to impose at the time of sentencing,
143		-	10 except as provided in subsection (n). However, if the convicted
144		-	11 person was sentenced under the terms of a plea agreement, the court
145		-	12 may not, without the consent of the prosecuting attorney, reduce or
146		-	13 suspend the sentence and impose a sentence not authorized by the plea
147		-	14 agreement. The court must incorporate its reasons in the record.
148		-	15 (f) If the court sets a hearing on a petition under this section, the
149		-	16 court must give notice to the prosecuting attorney and the prosecuting
150		-	17 attorney must give notice to the victim (as defined in IC 35-31.5-2-348)
151		-	18 of the crime for which the convicted person is serving the sentence.
152		-	19 (g) The court may suspend a sentence for a felony under this section
153		-	20 only if suspension is permitted under IC 35-50-2-2.2.
154		-	21 (h) The court may deny a request to suspend or reduce a sentence
155		-	22 under this section without making written findings and conclusions.
156		-	23 (i) The court is not required to conduct a hearing before reducing or
157		-	24 suspending a sentence under this section if:
158		-	25 (1) the prosecuting attorney has filed with the court an agreement
159		-	26 of the reduction or suspension of the sentence; and
160		-	27 (2) the convicted person has filed with the court a waiver of the
161		-	28 right to be present when the order to reduce or suspend the
162		-	29 sentence is considered.
163		-	30 (j) This subsection applies only to a convicted person who is not a
164		-	31 violent criminal. A convicted person who is not a violent criminal may
165		-	32 file a petition for sentence modification under this section:
166		-	33 (1) not more than one (1) time in any three hundred sixty-five
167		-	34 (365) day period; and
168		-	35 (2) a maximum of two (2) times during any consecutive period of
169		-	36 incarceration;
170		-	37 without the consent of the prosecuting attorney.
171		-	38 (k) This subsection applies to a convicted person who is a violent
172		-	39 criminal. A convicted person who is a violent criminal may, not later
173		-	40 than three hundred sixty-five (365) days from the date of sentencing,
174		-	41 file one (1) petition for sentence modification under this section
175		-	42 without the consent of the prosecuting attorney. After the elapse of the
176		-	HB 1648—LS 6916/DI 139 5
177		-	1 three hundred sixty-five (365) day period, a violent criminal may not
178		-	2 file a petition for sentence modification without the consent of the
179		-	3 prosecuting attorney.
180		-	4 (l) A person may not waive the right to sentence modification under
181		-	5 this section as part of a plea agreement. Any purported waiver of the
182		-	6 right to sentence modification under this section in a plea agreement is
183		-	7 invalid and unenforceable as against public policy. This subsection
184		-	8 does not prohibit the finding of a waiver of the right to:
185		-	9 (1) have a court modify a sentence and impose a sentence not
186		-	10 authorized by the plea agreement, as described under subsection
187		-	11 (e); or
188		-	12 (2) sentence modification for any other reason, including failure
189		-	13 to comply with the provisions of this section.
190		-	14 (m) Notwithstanding subsection (k), a person who commits an
191		-	15 offense after June 30, 2014, and before May 15, 2015, may file one (1)
192		-	16 petition for sentence modification without the consent of the
193		-	17 prosecuting attorney, even if the person has previously filed a petition
194		-	18 for sentence modification.
195		-	19 (n) Notwithstanding subsections (j) and (k), a person may file a
196		-	20 petition for a suspension or reduction of the person's sentence
197		-	21 without the consent of the prosecuting attorney, even if the person
198		-	22 has previously filed a petition for sentence modification, under this
199		-	23 section if:
200		-	24 (1) a physician employed or contracted by the department of
201		-	25 correction determines that a person:
202		-	26 (A) has a terminal illness with a life expectancy of eighteen
203		-	27 (18) months or less, or a disease or condition with an end
204		-	28 of life trajectory, including metastatic solid tumor cancer,
205		-	29 amyotrophic lateral sclerosis (ALS), end-stage organ
206		-	30 disease, and advanced end-stage dementia; or
207		-	31 (B) has an incurable, progressive illness or has suffered a
208		-	32 debilitating injury from which the person will not recover.
209		-	33 A person qualifies under this clause if the person:
210		-	34 (i) is unable to complete basic activities of daily living
211		-	35 and is totally confined to a bed or chair; or
212		-	36 (ii) has limited ability for self care and is confined to a
213		-	37 bed or chair for more than fifty percent (50%) of the
214		-	38 person's waking hours; or
215		-	39 (2) the person is at least sixty-five (65) years of age, is in the
216		-	40 custody of the department of correction for an offense
217		-	41 committed before the person was sixty (60) years of age, and
218		-	42 has served:
219		-	HB 1648—LS 6916/DI 139 6
220		-	1 (A) at least:
221		-	2 (i) ten (10) years in the custody of the department of
222		-	3 correction; or
223		-	4 (ii) fifty percent (50%) of the sentence imposed;
224		-	5 whichever is less, if the person is suffering from chronic or
225		-	6 serious medical conditions related to the aging process,
226		-	7 deteriorating mental or physical health that has
227		-	8 substantially diminished the person's ability to function in
228		-	9 a correctional facility and for which correctional treatment
229		-	10 promises no substantial improvement to the person's
230		-	11 physical or mental condition; or
231		-	12 (B) at least:
232		-	13 (i) ten (10) years in the custody of the department of
233		-	14 correction; or
234		-	15 (ii) seventy-five (75%) of the sentence imposed,
235		-	16 whichever is less.
236		-	17 A person may only petition for a modification one (1) time under
237		-	18 this subsection without the consent of the prosecuting attorney,
238		-	19 unless there is demonstrable evidence of a change in the person's
239		-	20 medical condition that was not available at the time the person
240		-	21 filed the person's last petition. Under this subsection, the court may
241		-	22 reduce or suspend the sentence below a sentence that the court was
242		-	23 authorized to impose at the time of sentencing with the consent of
243		-	24 the prosecuting attorney. However, if the person was sentenced
244		-	25 under the terms of a plea agreement, the court may not, without
245		-	26 the consent of the prosecuting attorney, reduce or suspend the
246		-	27 sentence and impose a sentence not authorized by the plea
247		-	28 agreement. In making this determination, the court must consider
248		-	29 the suitability of the person's reentry plans if the sentence is
249		-	30 modified, including proof that the person will have suitable living
250		-	31 quarters if discharged from the department and will receive the
251		-	32 medical care or treatment required. The court must incorporate its
252		-	33 reasons in the record.
253		-	34 (o) The department of correction shall, at least annually, review
254		-	35 the inmate population of the department's facilities and programs
255		-	36 to determine the identities of any inmates described in subsection
256		-	37 (n) and not disqualified under subsection (b) and notify the
257		-	38 identified inmate. Not later than thirty (30) days from the
258		-	39 identification of an appropriate inmate, the department shall,
259		-	40 unless otherwise requested by the inmate, notify:
260		-	41 (1) the public defender or privately retained counsel;
261		-	42 (2) the inmate's emergency contact or next of kin; and
262		-	HB 1648—LS 6916/DI 139 7
263		-	1 (3) the prosecutor in the county of conviction;
264		-	2 of the inmate's eligibility for a sentence modification under this
265		-	3 section.
266		-	4 (p) Not later than thirty (30) days after the a filing of a petition
267		-	5 under subsection (n), the court shall:
268		-	6 (1) grant the request to suspend or reduce a sentence;
269		-	7 (2) deny the request without written findings and conclusions;
270		-	8 or
271		-	9 (3) hold a hearing on the matter.
272		-	10 The court is not required to conduct a hearing before reducing or
273		-	11 suspending a sentence under subsection (i).
274		-	HB 1648—LS 6916/DI 139 8
275		-	COMMITTEE REPORT
276		-	Mr. Speaker: Your Committee on Courts and Criminal Code, to
277		-	which was referred House Bill 1648, has had the same under
278		-	consideration and begs leave to report the same back to the House with
279		-	the recommendation that said bill be amended as follows:
280		-	Delete the amendment AM164801 adopted by the House Committee
281		-	on Courts and Criminal Code on February 8, 2023.
282		-	Delete the amendment AM164803 adopted by the House Committee
283		-	on Courts and Criminal Code on February 8, 2023.
284		-	Delete the motion to amend the language in AM164803 offered by
285		-	Chair McNamara and adopted by the House Committee on Courts and
286		-	Criminal Code on February 8, 2023.
287		-	Delete the amendment AM164805 adopted by the House Committee
288		-	on Courts and Criminal Code on February 8, 2023.
289		-	Page 2, delete lines 10 through 18, begin a new paragraph and
290		-	insert:
291		-	"(c) The department shall annually:
292		-	(1) review the inmate population of the department's facilities
293		-	and programs in accordance with IC 35-38-1-17(o);
294		-	(2) before November 1 of each year, transmit to the criminal
295		-	justice institute for use in the institute's report under
296		-	IC 5-2-6-24 the:
297		-	(A) number of inmates described in IC 35-38-1-17(d) and
298		-	not disqualified under IC 35-38-1-17(c); and
299		-	(B) number of inmates whose sentence was modified by the
300		-	sentencing court; and
301		-	(3) in the case of an eligible inmate who meets the criteria of
302		-	IC 35-38-1-17(o):
303		-	(A) not later than fourteen (14) days after the diagnosis,
304		-	notify the inmate and the inmate's emergency contact and
305		-	next of kin that they may prepare and submit on the
306		-	inmate's behalf a request for a sentence modification, and
307		-	provide a copy of the inmate's offender progress report to
308		-	the notified individuals; and
309		-	(B) not later than thirty (30) days after the date of
310		-	diagnosis, provide the defendant's emergency contact and
311		-	next of kin with an opportunity to visit the defendant in
312		-	person, virtually, or telephonically.".
313		-	Page 2, line 31, delete "If the offender progress report has an error
314		-	or".
315		-	Page 2, delete lines 32 through 34.
316		-	Page 2, delete lines 39 through 42, begin a new paragraph and
317		-	HB 1648—LS 6916/DI 139 9
318		-	insert:
319		-	"SECTION 2. IC 35-38-1-17, AS AMENDED BY P.L.45-2018,
320		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
321		-	JULY 1, 2023]: Sec. 17. (a) Notwithstanding IC 1-1-5.5-21, this section
322		-	applies to a person who:
323		-	(1) commits an offense; or
324		-	(2) is sentenced;
325		-	before July 1, 2014.
326		-	(b) This section does not apply to a credit restricted felon.
327		-	(c) Except as provided in subsections (k), and (m), and (n), this
328		-	section does not apply to a violent criminal.
329		-	(d) As used in this section, "violent criminal" means a person
330		-	convicted of any of the following offenses:
331		-	(1) Murder (IC 35-42-1-1).
332		-	(2) Attempted murder (IC 35-41-5-1).
333		-	(3) Voluntary manslaughter (IC 35-42-1-3).
334		-	(4) Involuntary manslaughter (IC 35-42-1-4).
335		-	(5) Reckless homicide (IC 35-42-1-5).
336		-	(6) Aggravated battery (IC 35-42-2-1.5).
337		-	(7) Kidnapping (IC 35-42-3-2).
338		-	(8) Rape (IC 35-42-4-1).
339		-	(9) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
340		-	(10) Child molesting (IC 35-42-4-3).
341		-	(11) Sexual misconduct with a minor as a Class A felony under
342		-	IC 35-42-4-9(a)(2) or a Class B felony under IC 35-42-4-9(b)(2)
343		-	(for a crime committed before July 1, 2014) or sexual misconduct
344		-	with a minor as a Level 1 felony under IC 35-42-4-9(a)(2) or a
345		-	Level 2 felony under IC 35-42-4-9(b)(2) (for a crime committed
346		-	after June 30, 2014).
347		-	(12) Robbery as a Class A felony or a Class B felony (IC
348		-	35-42-5-1) (for a crime committed before July 1, 2014) or robbery
349		-	as a Level 2 felony or a Level 3 felony (IC 35-42-5-1) (for a crime
350		-	committed after June 30, 2014).
351		-	(13) Burglary as Class A felony or a Class B felony (IC
352		-	35-43-2-1) (for a crime committed before July 1, 2014) or
353		-	burglary as a Level 1 felony, Level 2 felony, Level 3 felony, or
354		-	Level 4 felony (IC 35-43-2-1) (for a crime committed after June
355		-	30, 2014).
356		-	(14) Unlawful possession of a firearm by a serious violent felon
357		-	(IC 35-47-4-5).
358		-	(e) At any time after:
359		-	(1) a convicted person begins serving the person's sentence; and
360		-	HB 1648—LS 6916/DI 139 10
361		-	(2) the court obtains a report from the department of correction
362		-	concerning the convicted person's conduct while imprisoned;
363		-	the court may reduce or suspend the sentence and impose a sentence
364		-	that the court was authorized to impose at the time of sentencing,
365		-	except as provided in subsection (n). However, if the convicted
366		-	person was sentenced under the terms of a plea agreement, the court
367		-	may not, without the consent of the prosecuting attorney, reduce or
368		-	suspend the sentence and impose a sentence not authorized by the plea
369		-	agreement. The court must incorporate its reasons in the record.
370		-	(f) If the court sets a hearing on a petition under this section, the
371		-	court must give notice to the prosecuting attorney and the prosecuting
372		-	attorney must give notice to the victim (as defined in IC 35-31.5-2-348)
373		-	of the crime for which the convicted person is serving the sentence.
374		-	(g) The court may suspend a sentence for a felony under this section
375		-	only if suspension is permitted under IC 35-50-2-2.2.
376		-	(h) The court may deny a request to suspend or reduce a sentence
377		-	under this section without making written findings and conclusions.
378		-	(i) The court is not required to conduct a hearing before reducing or
379		-	suspending a sentence under this section if:
380		-	(1) the prosecuting attorney has filed with the court an agreement
381		-	of the reduction or suspension of the sentence; and
382		-	(2) the convicted person has filed with the court a waiver of the
383		-	right to be present when the order to reduce or suspend the
384		-	sentence is considered.
385		-	(j) This subsection applies only to a convicted person who is not a
386		-	violent criminal. A convicted person who is not a violent criminal may
387		-	file a petition for sentence modification under this section:
388		-	(1) not more than one (1) time in any three hundred sixty-five
389		-	(365) day period; and
390		-	(2) a maximum of two (2) times during any consecutive period of
391		-	incarceration;
392		-	without the consent of the prosecuting attorney.
393		-	(k) This subsection applies to a convicted person who is a violent
394		-	criminal. A convicted person who is a violent criminal may, not later
395		-	than three hundred sixty-five (365) days from the date of sentencing,
396		-	file one (1) petition for sentence modification under this section
397		-	without the consent of the prosecuting attorney. After the elapse of the
398		-	three hundred sixty-five (365) day period, a violent criminal may not
399		-	file a petition for sentence modification without the consent of the
400		-	prosecuting attorney.
401		-	(l) A person may not waive the right to sentence modification under
402		-	this section as part of a plea agreement. Any purported waiver of the
403		-	HB 1648—LS 6916/DI 139 11
404		-	right to sentence modification under this section in a plea agreement is
405		-	invalid and unenforceable as against public policy. This subsection
406		-	does not prohibit the finding of a waiver of the right to:
407		-	(1) have a court modify a sentence and impose a sentence not
408		-	authorized by the plea agreement, as described under subsection
409		-	(e); or
410		-	(2) sentence modification for any other reason, including failure
411		-	to comply with the provisions of this section.
412		-	(m) Notwithstanding subsection (k), a person who commits an
413		-	offense after June 30, 2014, and before May 15, 2015, may file one (1)
414		-	petition for sentence modification without the consent of the
415		-	prosecuting attorney, even if the person has previously filed a petition
416		-	for sentence modification.
417		-	(n) Notwithstanding subsections (j) and (k), a person may file a
418		-	petition for a suspension or reduction of the person's sentence
419		-	without the consent of the prosecuting attorney, even if the person
420		-	has previously filed a petition for sentence modification, under this
421		-	section if:
422		-	(1) a physician employed or contracted by the department of
423		-	correction determines that a person:
424		-	(A) has a terminal illness with a life expectancy of eighteen
425		-	(18) months or less, or a disease or condition with an end
426		-	of life trajectory, including metastatic solid tumor cancer,
427		-	amyotrophic lateral sclerosis (ALS), end-stage organ
428		-	disease, and advanced end-stage dementia; or
429		-	(B) has an incurable, progressive illness or has suffered a
430		-	debilitating injury from which the person will not recover.
431		-	A person qualifies under this clause if the person:
432		-	(i) is unable to complete basic activities of daily living
433		-	and is totally confined to a bed or chair; or
434		-	(ii) has limited ability for self care and is confined to a
435		-	bed or chair for more than fifty percent (50%) of the
436		-	person's waking hours; or
437		-	(2) the person is at least sixty-five (65) years of age, is in the
438		-	custody of the department of correction for an offense
439		-	committed before the person was sixty (60) years of age, and
440		-	has served:
441		-	(A) at least:
442		-	(i) ten (10) years in the custody of the department of
443		-	correction; or
444		-	(ii) fifty percent (50%) of the sentence imposed;
445		-	whichever is less, if the person is suffering from chronic or
446		-	HB 1648—LS 6916/DI 139 12
447		-	serious medical conditions related to the aging process,
448		-	deteriorating mental or physical health that has
449		-	substantially diminished the person's ability to function in
450		-	a correctional facility and for which correctional treatment
451		-	promises no substantial improvement to the person's
452		-	physical or mental condition; or
453		-	(B) at least:
454		-	(i) ten (10) years in the custody of the department of
455		-	correction; or
456		-	(ii) seventy-five (75%) of the sentence imposed,
457		-	whichever is less.
458		-	A person may only petition for a modification one (1) time under
459		-	this subsection without the consent of the prosecuting attorney,
460		-	unless there is demonstrable evidence of a change in the person's
461		-	medical condition that was not available at the time the person
462		-	filed the person's last petition. Under this subsection, the court may
463		-	reduce or suspend the sentence below a sentence that the court was
464		-	authorized to impose at the time of sentencing with the consent of
465		-	the prosecuting attorney. However, if the person was sentenced
466		-	under the terms of a plea agreement, the court may not, without
467		-	the consent of the prosecuting attorney, reduce or suspend the
468		-	sentence and impose a sentence not authorized by the plea
469		-	agreement. In making this determination, the court must consider
470		-	the suitability of the person's reentry plans if the sentence is
471		-	modified, including proof that the person will have suitable living
472		-	quarters if discharged from the department and will receive the
473		-	medical care or treatment required. The court must incorporate its
474		-	reasons in the record.
475		-	(o) The department of correction shall, at least annually, review
476		-	the inmate population of the department's facilities and programs
477		-	to determine the identities of any inmates described in subsection
478		-	(n) and not disqualified under subsection (b) and notify the
479		-	identified inmate. Not later than thirty (30) days from the
480		-	identification of an appropriate inmate, the department shall,
481		-	unless otherwise requested by the inmate, notify:
482		-	(1) the public defender or privately retained counsel;
483		-	(2) the inmate's emergency contact or next of kin; and
484		-	(3) the prosecutor in the county of conviction;
485		-	of the inmate's eligibility for a sentence modification under this
486		-	section.
487		-	(p) Not later than thirty (30) days after the a filing of a petition
488		-	under subsection (n), the court shall:
489		-	HB 1648—LS 6916/DI 139 13
490		-	(1) grant the request to suspend or reduce a sentence;
491		-	(2) deny the request without written findings and conclusions;
492		-	or
493		-	(3) hold a hearing on the matter.
494		-	The court is not required to conduct a hearing before reducing or
495		-	suspending a sentence under subsection (i).".
496		-	Delete pages 3 through 9.
497		-	Renumber all SECTIONS consecutively.
498		-	and when so amended that said bill do pass.
499		-	(Reference is to HB 1648 as introduced and amended by the House
500		-	Committee on Courts and Criminal Code on February 8, 2023.)
501		-	MCNAMARA
502		-	Committee Vote: yeas 8, nays 3.
503		-	HB 1648—LS 6916/DI 139
	61	+	10 (c) The department shall at least one (1) time each year evaluate
	62	+	11 the inmates confined to the custody of the department to determine
	63	+	12 whether an inmate is eligible for medical reprieve under section 4.1
	64	+	13 of this chapter or geriatric reprieve under section 4.2 of this
	65	+	14 chapter. The department shall identify an inmate who qualifies for
	66	+	15 medical reprieve under section 4.1 of this chapter or geriatric
	67	+	16 reprieve under section 4.2 of this chapter to the parole board and
	68	+	17 provide the parole board with the inmate's offender progress
	69	+	18 report.
	70	+	19 (d) Notwithstanding any other provision of the law, an offender
	71	+	20 progress report must include a complete summary of all
	72	+	21 rehabilitative:
	73	+	22 (1) programs;
	74	+	23 (2) work;
	75	+	24 (3) education; and
	76	+	25 (4) certifications;
	77	+	26 completed by an inmate during the inmate's confinement to the
	78	+	27 custody of the department.
	79	+	28 (e) The department shall provide an inmate with a copy of the
	80	+	29 inmate's offender progress report at least sixty (60) days before
	81	+	30 submitting the offender progress report to the parole board under
	82	+	31 this section. If the offender progress report has an error or
	83	+	32 incomplete information, the inmate shall notify the department not
	84	+	33 later than thirty (30) days after receiving the offender progress
	85	+	34 report from the department under this subsection.
	86	+	35 (f) The department shall release an offender progress report to
	87	+	36 the supervising authority tasked with supervising an inmate
	88	+	37 released from the custody of the department to parole, probation,
	89	+	38 or a community transition program.
	90	+	39 SECTION 2. IC 11-13-9-3, AS ADDED BY P.L.119-2008,
	91	+	40 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	92	+	41 JULY 1, 2023]: Sec. 3. (a) Upon receipt of the material described in
	93	+	42 section 2 of this chapter, the parole board shall set a hearing to
	94	+	2023 IN 1648—LS 6916/DI 139 3
	95	+	1 determine whether the circumstances warrant the inmate's discharge
	96	+	2 from the custody of the department.
	97	+	3 (b) If the parole board sets a hearing under subsection (a), the
	98	+	4 court shall provide notice to the prosecuting attorney regarding an
	99	+	5 inmate who may be discharged from the custody of the
	100	+	6 department. A prosecuting attorney who receives notice under this
	101	+	7 subsection shall notify all victims of the crime for which the inmate
	102	+	8 is confined to the custody of the department, if applicable, of the
	103	+	9 inmate's possible discharge from the department.
	104	+	10 SECTION 3. IC 11-13-9-4.1 IS ADDED TO THE INDIANA CODE
	105	+	11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	106	+	12 1, 2023]: Sec. 4.1. (a) An inmate confined to the custody of the
	107	+	13 department may be discharged for medical reprieve under this
	108	+	14 section.
	109	+	15 (b) An inmate is eligible for medical reprieve if a physician
	110	+	16 employed by the department determines that an inmate:
	111	+	17 (1) has a serious and advanced illness with a terminal
	112	+	18 prognosis of not more than six (6) months;
	113	+	19 (2) has a medical condition or functional impairment that
	114	+	20 renders the inmate permanently medically incapacitated;
	115	+	21 (3) has a medical condition that cannot be treated under the
	116	+	22 necessary standard of care without incurring exorbitant costs
	117	+	23 and expenses while the inmate is confined to the custody of the
	118	+	24 department; or
	119	+	25 (4) is pregnant and a medical reprieve is necessary for the
	120	+	26 physical health of the mother and unborn child.
	121	+	27 (c) The parole board shall consider the following when
	122	+	28 considering the discharge of an inmate for medical reprieve under
	123	+	29 this section:
	124	+	30 (1) The age of the inmate.
	125	+	31 (2) The severity of the medical condition described under
	126	+	32 subsection (b)(1) through (b)(4).
	127	+	33 (3) Comprehensive mental health and medical evaluations of
	128	+	34 the inmate by the department.
	129	+	35 (4) The department's ability to provide the necessary care and
	130	+	36 treatment to the inmate while the inmate is confined to the
	131	+	37 custody of the department.
	132	+	38 (5) The cost to the department to treat the inmate.
	133	+	39 (6) The behavior of the inmate while confined to the custody
	134	+	40 of the department.
	135	+	41 (7) The risk to public safety if the inmate is discharged from
	136	+	42 the custody of the department.
	137	+	2023 IN 1648—LS 6916/DI 139 4
	138	+	1 (8) The suitability of the inmate's plans to be carried out after
	139	+	2 discharge.
	140	+	3 (d) The department shall notify an inmate who qualifies for
	141	+	4 medical reprieve under this section of the inmate's eligibility and
	142	+	5 possible discharge from the custody of the department.
	143	+	6 (e) The parole board shall prescribe the conditions for discharge
	144	+	7 for a medical reprieve and may revoke a medical reprieve if an
	145	+	8 inmate violates a condition of discharge.
	146	+	9 (f) Notwithstanding any other provision of the law, discharge
	147	+	10 from the custody of the department for medical reprieve does not
	148	+	11 prevent an inmate from being granted another form of parole or
	149	+	12 discharge from the custody of the department for which the inmate
	150	+	13 may otherwise be eligible. Denial of discharge from custody of the
	151	+	14 department for medical reprieve does not prevent an inmate from
	152	+	15 being granted another form of parole or discharge from the
	153	+	16 custody of the department for which the inmate may otherwise be
	154	+	17 eligible.
	155	+	18 (g) A person may not waive the right to medical reprieve under
	156	+	19 this section as part of a plea agreement. A waiver of the right to
	157	+	20 medical reprieve under this section as part of a plea agreement is
	158	+	21 invalid and unenforceable.
	159	+	22 (h) The department shall submit a report not later than
	160	+	23 September 1 of each year to the general assembly in an electronic
	161	+	24 format under IC 5-14-6 of the following:
	162	+	25 (1) The number of inmates who qualified for medical reprieve
	163	+	26 under this section.
	164	+	27 (2) The nature of the medical condition described under
	165	+	28 subsection (b)(1) through (b)(4) for which an inmate obtained
	166	+	29 medical reprieve.
	167	+	30 (3) The number of inmates discharged from the custody of the
	168	+	31 department for medical reprieve.
	169	+	32 (4) The number of inmates denied a medical reprieve under
	170	+	33 this section by the parole board and the reason for the denial.
	171	+	34 (5) The number of inmates discharged from the custody of the
	172	+	35 department for medical reprieve who were returned to the
	173	+	36 custody of the department and the reasons for their return to
	174	+	37 the department.
	175	+	38 (6) The number of inmates who were successfully released
	176	+	39 from parole following discharge from the custody of the
	177	+	40 department for medical reprieve under this section.
	178	+	41 A report prepared under this subsection may not include any
	179	+	42 identifying information of any inmate.
	180	+	2023 IN 1648—LS 6916/DI 139 5
	181	+	1 SECTION 4. IC 11-13-9-4.2 IS ADDED TO THE INDIANA CODE
	182	+	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	183	+	3 1, 2023]: Sec. 4.2. (a) An inmate confined to the custody of the
	184	+	4 department may be discharged for geriatric reprieve under this
	185	+	5 section.
	186	+	6 (b) An inmate is eligible for geriatric reprieve if the inmate:
	187	+	7 (1) is at least fifty-five (55) years of age and has served at least
	188	+	8 fifteen (15) years of the sentence imposed on the inmate;
	189	+	9 (2) is at least sixty (60) years of age and has served at least ten
	190	+	10 (10) years of the sentence imposed on the inmate; or
	191	+	11 (3) is at least sixty-five (65) years of age and has served at
	192	+	12 least five (5) years of the sentence imposed on the inmate.
	193	+	13 (c) The parole board shall consider the following factors when
	194	+	14 considering the discharge of an inmate for geriatric reprieve under
	195	+	15 this section:
	196	+	16 (1) The age of the inmate at the time:
	197	+	17 (A) the inmate committed the offense for which the inmate
	198	+	18 is in the custody of the department; and
	199	+	19 (B) the department determined the inmate's eligibility for
	200	+	20 discharge from the custody of the department for geriatric
	201	+	21 reprieve.
	202	+	22 (2) The physiological and psychological conditions of the
	203	+	23 inmate during the inmate's confinement to the custody of the
	204	+	24 department.
	205	+	25 (3) The participation of the inmate in substance abuse
	206	+	26 treatment programs or mental health treatment programs
	207	+	27 while confined to the custody of the department, either
	208	+	28 required or voluntary.
	209	+	29 (4) The department's ability to provide appropriate care and
	210	+	30 treatment for the inmate and the cost and expenses to the
	211	+	31 department to provide the appropriate care and treatment.
	212	+	32 (5) The behavior of the inmate while confined to the custody
	213	+	33 of the department.
	214	+	34 (6) The risk to public safety if the inmate is discharged from
	215	+	35 the custody of the department.
	216	+	36 (7) The suitability of the inmate's plans to be carried out after
	217	+	37 discharge.
	218	+	38 (d) The department shall notify an inmate who qualifies for
	219	+	39 geriatric reprieve under this section of the inmate's eligibility and
	220	+	40 possible discharge from the custody of the department.
	221	+	41 (e) The parole board shall prescribe the conditions for discharge
	222	+	42 for a geriatric reprieve and may revoke a geriatric reprieve if an
	223	+	2023 IN 1648—LS 6916/DI 139 6
	224	+	1 inmate violates a condition of discharge.
	225	+	2 (f) Notwithstanding any other provision of the law, discharge
	226	+	3 from the custody of the department for geriatric reprieve does not
	227	+	4 prevent an inmate from being granted another form of parole or
	228	+	5 discharge from the custody of the department for which the inmate
	229	+	6 may otherwise be eligible. Denial of discharge from custody of the
	230	+	7 department for geriatric reprieve does not prevent an inmate from
	231	+	8 being granted another form of parole or discharge from the
	232	+	9 custody of the department for which the inmate may otherwise be
	233	+	10 eligible.
	234	+	11 (g) A person may not waive the right to geriatric reprieve under
	235	+	12 this section as part of a plea agreement. A waiver of the right to
	236	+	13 geriatric reprieve under this section as part of a plea agreement is
	237	+	14 invalid and unenforceable.
	238	+	15 (h) The department shall submit a report not later than
	239	+	16 September 1 of each year to the general assembly in an electronic
	240	+	17 format under IC 5-14-6 of the following:
	241	+	18 (1) The number of inmates who qualified for geriatric
	242	+	19 reprieve under this section.
	243	+	20 (2) The number of inmates discharged from the custody of the
	244	+	21 department for geriatric reprieve.
	245	+	22 (3) The number of inmates denied a geriatric reprieve under
	246	+	23 this section by the parole board and the reason for the denial.
	247	+	24 (4) The number of inmates discharged from the custody of the
	248	+	25 department for geriatric reprieve who were returned to the
	249	+	26 custody of the department and the reasons for their return to
	250	+	27 the department.
	251	+	28 (5) The number of inmates who were successfully released
	252	+	29 from parole following discharge from the custody of the
	253	+	30 department for geriatric reprieve under this section.
	254	+	31 A report prepared under this subsection may not include any
	255	+	32 identifying information of any inmate.
	256	+	33 SECTION 5. IC 11-13-9-5, AS ADDED BY P.L.119-2008,
	257	+	34 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	258	+	35 JULY 1, 2023]: Sec. 5. (a) If the parole board determines that the
	259	+	36 inmate:
	260	+	37 (1) has been properly rehabilitated or qualifies for medical
	261	+	38 reprieve or geriatric reprieve under section 4.1 or 4.2 of this
	262	+	39 chapter; and
	263	+	40 (2) has suitable plans to carry out if discharged;
	264	+	41 the parole board shall discharge the inmate from the custody of the
	265	+	42 department. An inmate who is released from confinement under this
	266	+	2023 IN 1648—LS 6916/DI 139 7
	267	+	1 subsection must be placed on parole as described in subsection (b), (c),
	268	+	2 or (d), as applicable.
	269	+	3 (b) Except as provided under subsection (c) or (d), an inmate who
	270	+	4 is discharged from the department under this section shall be placed on
	271	+	5 parole as follows:
	272	+	6 (1) An inmate who is required to be placed on parole for the
	273	+	7 remainder of the inmate's life under IC 35-50-6-1(e) shall be
	274	+	8 placed on parole for the remainder of the inmate's life.
	275	+	9 (2) An inmate who is:
	276	+	10 (A) not an inmate described in subdivision (1); and
	277	+	11 (B) not required to serve a period of probation;
	278	+	12 shall be placed on parole for two (2) years.
	279	+	13 (c) An inmate who is discharged from the department for
	280	+	14 medical reprieve under section 4.1 of this chapter shall be placed
	281	+	15 on parole for:
	282	+	16 (1) the remainder of the sentence imposed on the inmate; or
	283	+	17 (2) two (2) years;
	284	+	18 whichever is less.
	285	+	19 (d) An inmate who is discharged from the department for
	286	+	20 geriatric reprieve under section 4.2 of this chapter shall be placed
	287	+	21 on parole for:
	288	+	22 (1) the remainder of the sentence imposed on the inmate; or
	289	+	23 (2) two (2) years;
	290	+	24 whichever is less.
	291	+	25 SECTION 6. IC 11-13-10 IS ADDED TO THE INDIANA CODE
	292	+	26 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	293	+	27 JULY 1, 2023]:
	294	+	28 Chapter 10. Incentives for a Reduced Term of Parole
	295	+	29 Sec. 1. The department shall establish a system of earned parole
	296	+	30 incentives for parolees that reduces a parolee's term of parole and
	297	+	31 encourages public safety through educational achievement,
	298	+	32 employment, and completion of treatment under mental health or
	299	+	33 addiction programs.
	300	+	34 Sec. 2. (a) The department shall award a parolee with a
	301	+	35 reduction of the parolee's term of parole for each qualifying
	302	+	36 educational achievement completed during a calendar month in
	303	+	37 which the parolee is in compliance with the terms of parole.
	304	+	38 (b) A qualifying educational achievement under subsection (a)
	305	+	39 includes:
	306	+	40 (1) obtaining a high school diploma, academic degree, or
	307	+	41 career or vocational verification;
	308	+	42 (2) passing high school equivalency testing; or
	309	+	2023 IN 1648—LS 6916/DI 139 8
	310	+	1 (3) completing a vocational or job training program approved
	311	+	2 by the department.
	312	+	3 (c) The reduction of a parolee's term of parole under subsection
	313	+	4 (a) is ninety (90) days.
	314	+	5 Sec. 3. (a) The department shall award a parolee with a
	315	+	6 reduction of the parolee's term of parole for maintaining
	316	+	7 qualifying employment during a calendar month in which the
	317	+	8 parolee is in compliance with the terms of parole and has worked
	318	+	9 an average of at least thirty (30) hours each week for a period of at
	319	+	10 least six (6) months.
	320	+	11 (b) A parole officer who is assigned a parolee who qualifies for
	321	+	12 a reduction under subsection (a) shall verify the parolee's
	322	+	13 qualifying employment.
	323	+	14 (c) The reduction of a parolee's term of parole under subsection
	324	+	15 (a) is thirty (30) days.
	325	+	16 Sec. 4. (a) The department shall award a parolee with a
	326	+	17 reduction of the parolee's term of parole for successfully
	327	+	18 completing treatment during a calendar month in which the
	328	+	19 parolee is in compliance with the terms of parole and successfully
	329	+	20 completes a treatment program certified by the division of mental
	330	+	21 health and addiction.
	331	+	22 (b) The reduction of a parolee's term of parole under subsection
	332	+	23 (a) is ninety (90) days.
	333	+	24 Sec. 5. (a) A parole officer who is assigned a parolee who
	334	+	25 qualifies for a reduction under sections 2 through 4 of this chapter
	335	+	26 shall provide to the parolee an updated calculation of the parolee's
	336	+	27 term of parole at least one (1) time every ninety (90) days.
	337	+	28 (b) A parolee may seek administrative review and recalculation
	338	+	29 of the term of parole under this chapter if the parolee believes that
	339	+	30 there is an error in the calculation of the term of parole.
	340	+	31 Sec. 6. (a) Not later than thirty (30) days before the date of final
	341	+	32 discharge from parole due to a reduction in the term of parole
	342	+	33 under this chapter, the department shall send notice to the parole
	343	+	34 board of the right of the parolee of final discharge.
	344	+	35 (b) If, upon receiving the notice under subsection (a), the parole
	345	+	36 board does not request a hearing on the matter of the parolee's
	346	+	37 final discharge, the parolee must be discharged under IC 11-13-3-5.
	347	+	38 (c) If the parole board requests a hearing under this section, the
	348	+	39 parole board shall consider the parolee's behavior and progress on
	349	+	40 parole and whether continued supervision is necessary for public
	350	+	41 safety before making a determination of final discharge under this
	351	+	42 chapter.
	352	+	2023 IN 1648—LS 6916/DI 139 9
	353	+	1 Sec. 7. The department shall adopt rules to administer the
	354	+	2 review, calculation, and award of parole incentives earned under
	355	+	3 this chapter.
	356	+	4 Sec. 8. The department shall submit a report not later than
	357	+	5 September 1 of each year to the general assembly in an electronic
	358	+	6 format under IC 5-14-6 of the following:
	359	+	7 (1) The number of persons on parole who earned educational
	360	+	8 achievement, employment, or treatment incentives under this
	361	+	9 chapter.
	362	+	10 (2) The average sentence reduction earned for each person.
	363	+	11 (3) The number of persons under subdivision (1) who were
	364	+	12 returned to the custody of the department and the reasons for
	365	+	13 the person's return to the department.
	366	+	14 (4) A comparison of the rate of persons returned to the
	367	+	15 department under subdivision (3) with the rate of persons
	368	+	16 returned to the custody of the department who did not receive
	369	+	17 a reduction in the person's term of parole under this chapter.
	370	+	18 A report prepared under this section may not include any
	371	+	19 identifying information of any inmate.
	372	+	2023 IN 1648—LS 6916/DI 139