Indiana 2023 Regular Session

Indiana Senate Bill SB0286 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0286.1
	2	+	March 16, 2023
	3	+	ENGROSSED
	4	+	SENATE BILL No. 286
	5	+	_____
	6	+	DIGEST OF SB 286 (Updated March 15, 2023 12:43 pm - DI 106)
	7	+	Citations Affected: IC 35-38; IC 35-50.
	8	+	Synopsis: Credit time. Permits a person placed on pretrial home
	9	+	detention to earn accrued time and good time credit in the same manner
	10	+	as other persons on home detention, but provides that specified
	11	+	misconduct will result in the deprivation of all credit time earned on
	12	+	pretrial home detention. Amends the sentencing guidelines for a
	13	+	habitual offender.
	14	+	Effective: July 1, 2023.
	15	+	Freeman, Koch, Bohacek, Sandlin,
	16	+	Glick, Garten, Raatz
	17	+	(HOUSE SPONSOR — STEUERWALD)
	18	+	January 11, 2023, read first time and referred to Committee on Corrections and Criminal
	19	+	Law.
	20	+	January 26, 2023, amended, reported favorably — Do Pass; reassigned to Committee on
	21	+	Appropriations.
	22	+	February 23, 2023, amended, reported favorably — Do Pass.
	23	+	February 27, 2023, read second time, amended, ordered engrossed.
	24	+	February 28, 2023, engrossed. Read third time, passed. Yeas 47, nays 2.
	25	+	HOUSE ACTION
	26	+	March 6, 2023, read first time and referred to Committee on Courts and Criminal Code.
	27	+	March 16, 2023, amended, reported — Do Pass.
	28	+	ES 286—LS 7214/DI 106 March 16, 2023
1	29		First Regular Session of the 123rd General Assembly (2023)
2	30		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	31		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	32		additions will appear in this style type, and deletions will appear in this style type.
5	33		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	34		provision adopted), the text of the new provision will appear in this style type. Also, the
7	35		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	36		a new provision to the Indiana Code or the Indiana Constitution.
9	37		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	38		between statutes enacted by the 2022 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 286
12		-	AN ACT to amend the Indiana Code concerning corrections.
	39	+	ENGROSSED
	40	+	SENATE BILL No. 286
	41	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	42	+	corrections.
13	43		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 35-38-3-2, AS AMENDED BY P.L.74-2015,
	44	+	1 SECTION 1. IC 35-38-3-2, AS AMENDED BY P.L.74-2015,
	45	+	2 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	46	+	3 JULY 1, 2023]: Sec. 2. (a) When a convicted person is sentenced to
	47	+	4 imprisonment, the court shall, without delay, certify, under the seal of
	48	+	5 the court or through any electronic means approved by the department
	49	+	6 of correction, copies of the judgment of conviction and sentence to the
	50	+	7 receiving authority.
	51	+	8 (b) The judgment must include:
	52	+	9 (1) the crime for which the convicted person is adjudged guilty
	53	+	10 and the classification of the criminal offense;
	54	+	11 (2) the period, if any, for which the person is rendered incapable
	55	+	12 of holding any office of trust or profit;
	56	+	13 (3) the amount of the fines or costs (including fees) assessed, if
	57	+	14 any, whether or not the convicted person is indigent, and the
	58	+	15 method by which the fines or costs (including fees) are to be
	59	+	16 satisfied;
	60	+	17 (4) the amount of credit time earned for time spent in confinement
	61	+	ES 286—LS 7214/DI 106 2
	62	+	1 before sentencing, including time on pretrial home detention;
	63	+	2 and
	64	+	3 (5) the amount to be credited toward payment of the fines or costs
	65	+	4 (including fees) for time spent in confinement before sentencing.
	66	+	5 (c) The judgment may specify the degree of security recommended
	67	+	6 by the court.
	68	+	7 (d) A term of imprisonment begins on the date sentence is imposed,
	69	+	8 unless execution of the sentence is stayed according to law.
	70	+	9 SECTION 2. IC 35-50-2-8, AS AMENDED BY P.L.12-2017,
	71	+	10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	72	+	11 JULY 1, 2023]: Sec. 8. (a) The state may seek to have a person
	73	+	12 sentenced as a habitual offender for a felony by alleging, on one (1) or
	74	+	13 more pages separate from the rest of the charging instrument, that the
	75	+	14 person has accumulated the required number of prior unrelated felony
	76	+	15 convictions in accordance with this section.
	77	+	16 (b) A person convicted of murder or of a Level 1 through Level 4
	78	+	17 felony is a habitual offender if the state proves beyond a reasonable
	79	+	18 doubt that:
	80	+	19 (1) the person has been convicted of two (2) prior unrelated
	81	+	20 felonies; and
	82	+	21 (2) at least one (1) of the prior unrelated felonies is not a Level 6
	83	+	22 felony or a Class D felony.
	84	+	23 (c) A person convicted of a Level 5 felony is a habitual offender if
	85	+	24 the state proves beyond a reasonable doubt that:
	86	+	25 (1) the person has been convicted of two (2) prior unrelated
	87	+	26 felonies;
	88	+	27 (2) at least one (1) of the prior unrelated felonies is not a Level 6
	89	+	28 felony or a Class D felony; and
	90	+	29 (3) if the person is alleged to have committed a prior unrelated:
	91	+	30 (A) Level 5 felony;
	92	+	31 (B) Level 6 felony;
	93	+	32 (C) Class C felony; or
	94	+	33 (D) Class D felony;
	95	+	34 not more than ten (10) years have elapsed between the time the
	96	+	35 person was released from imprisonment, probation, or parole
	97	+	36 (whichever is latest) for at least one (1) of the two (2) prior
	98	+	37 unrelated felonies and the time the person committed the current
	99	+	38 offense.
	100	+	39 (d) A person convicted of a felony offense is a habitual offender if
	101	+	40 the state proves beyond a reasonable doubt that:
	102	+	41 (1) the person has been convicted of three (3) prior unrelated
	103	+	42 felonies; and
	104	+	ES 286—LS 7214/DI 106 3
	105	+	1 (2) if the person is alleged to have committed a prior unrelated:
	106	+	2 (A) Level 5 felony;
	107	+	3 (B) Level 6 felony;
	108	+	4 (C) Class C felony; or
	109	+	5 (D) Class D felony;
	110	+	6 not more than ten (10) years have elapsed between the time the
	111	+	7 person was released from imprisonment, probation, or parole
	112	+	8 (whichever is latest) for at least one (1) of the three (3) prior
	113	+	9 unrelated felonies and the time the person committed the current
	114	+	10 offense.
	115	+	11 (e) The state may not seek to have a person sentenced as a habitual
	116	+	12 offender for a felony offense under this section if the current offense is
	117	+	13 a misdemeanor that is enhanced to a felony in the same proceeding as
	118	+	14 the habitual offender proceeding solely because the person had a prior
	119	+	15 unrelated conviction. However, a prior unrelated felony conviction may
	120	+	16 be used to support a habitual offender determination even if the
	121	+	17 sentence for the prior unrelated offense was enhanced for any reason,
	122	+	18 including an enhancement because the person had been convicted of
	123	+	19 another offense.
	124	+	20 (f) A person has accumulated two (2) or three (3) prior unrelated
	125	+	21 felony convictions for purposes of this section only if:
	126	+	22 (1) the second prior unrelated felony conviction was committed
	127	+	23 after commission of and sentencing for the first prior unrelated
	128	+	24 felony conviction;
	129	+	25 (2) the offense for which the state seeks to have the person
	130	+	26 sentenced as a habitual offender was committed after commission
	131	+	27 of and sentencing for the second prior unrelated felony
	132	+	28 conviction; and
	133	+	29 (3) for a conviction requiring proof of three (3) prior unrelated
	134	+	30 felonies, the third prior unrelated felony conviction was
	135	+	31 committed after commission of and sentencing for the second
	136	+	32 prior unrelated felony conviction.
	137	+	33 (g) A conviction does not count for purposes of this section as a
	138	+	34 prior unrelated felony conviction if:
	139	+	35 (1) the conviction has been set aside; or
	140	+	36 (2) the conviction is one for which the person has been pardoned.
	141	+	37 (h) If the person was convicted of the felony in a jury trial, the jury
	142	+	38 shall reconvene for the sentencing hearing. If the trial was to the court
	143	+	39 or the judgment was entered on a guilty plea, the court alone shall
	144	+	40 conduct the sentencing hearing under IC 35-38-1-3. The role of the jury
	145	+	41 is to determine whether the defendant has been convicted of the
	146	+	42 unrelated felonies. The state or defendant may not conduct any
	147	+	ES 286—LS 7214/DI 106 4
	148	+	1 additional interrogation or questioning of the jury during the habitual
	149	+	2 offender part of the trial.
	150	+	3 (i) The court shall sentence a person found to be a habitual offender
	151	+	4 to an additional fixed term that is between:
	152	+	5 (1) six (6) years and twenty (20) years, eight (8) years and
	153	+	6 twenty (20) years, for a person convicted of murder or a Level 1
	154	+	7 through Level 4 felony; or
	155	+	8 (2) two (2) years and six (6) years, three (3) years and six (6)
	156	+	9 years, for a person convicted of a Level 5 or Level 6 felony.
	157	+	10 An additional term imposed under this subsection is nonsuspendible.
	158	+	11 (j) Habitual offender is a status that results in an enhanced sentence.
	159	+	12 It is not a separate crime and does not result in a consecutive sentence.
	160	+	13 The court shall attach the habitual offender enhancement to the felony
	161	+	14 conviction with the highest sentence imposed and specify which felony
	162	+	15 count is being enhanced. If the felony enhanced by the habitual
	163	+	16 offender determination is set aside or vacated, the court shall
	164	+	17 resentence the person and apply the habitual offender enhancement to
	165	+	18 the felony conviction with the next highest sentence in the underlying
	166	+	19 cause, if any.
	167	+	20 (k) A prior unrelated felony conviction may not be collaterally
	168	+	21 attacked during a habitual offender proceeding unless the conviction
	169	+	22 is constitutionally invalid.
	170	+	23 (l) The procedural safeguards that apply to other criminal charges,
	171	+	24 including:
	172	+	25 (1) the requirement that the charge be filed by information or
	173	+	26 indictment; and
	174	+	27 (2) the right to an initial hearing;
	175	+	28 also apply to a habitual offender allegation.
	176	+	29 SECTION 3. IC 35-50-6-0.5, AS AMENDED BY P.L.45-2022,
	177	+	30 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	178	+	31 JULY 1, 2023]: Sec. 0.5. The following definitions apply throughout
	179	+	32 this chapter:
	180	+	33 (1) "Accrued time" means the amount of time that a person is
	181	+	34 imprisoned, or confined, on home detention as a condition of
	182	+	35 probation, or on home detention in a community corrections
	183	+	36 program. In determining the number of days a person has been
	184	+	37 imprisoned, or confined, on home detention as a condition of
	185	+	38 probation, or on home detention in a community corrections
	186	+	39 program, a partial calendar day is considered to be one (1)
	187	+	40 calendar day.
	188	+	41 (2) "Calendar day" means the period of elapsed time that begins
	189	+	42 at midnight and ends twenty-four (24) hours later at the next
	190	+	ES 286—LS 7214/DI 106 5
	191	+	1 midnight.
	192	+	2 (3) "Credit time" means the sum of a person's accrued time, good
	193	+	3 time credit, and educational credit.
	194	+	4 (4) "Educational credit" means a reduction in a person's term of
	195	+	5 imprisonment or confinement awarded for participation in an
	196	+	6 educational, vocational, rehabilitative, or other program. The term
	197	+	7 includes an individualized case management plan.
	198	+	8 (5) "Good time credit" means a reduction in a person's term of
	199	+	9 imprisonment or confinement awarded for the person's good
	200	+	10 behavior while imprisoned, or confined, or on home detention.
	201	+	11 (6) "Individualized case management plan" means educational
	202	+	12 credit which consists of a plan designed to address an
	203	+	13 incarcerated person's risk of recidivism, and may include:
	204	+	14 (A) addiction recovery treatment;
	205	+	15 (B) mental health treatment;
	206	+	16 (C) vocational education programming;
	207	+	17 (D) adult basic education, a high school or high school
	208	+	18 equivalency diploma, a college diploma, and any other
	209	+	19 academic educational goal; or
	210	+	20 (E) any other programming or activity that encourages
	211	+	21 productive pursuits while a person is incarcerated and that
	212	+	22 may reduce the person's likelihood to recidivate after the
	213	+	23 person's release from incarceration.
	214	+	24 SECTION 4. IC 35-50-6-3.1, AS AMENDED BY P.L.45-2022,
	215	+	25 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	216	+	26 JULY 1, 2023]: Sec. 3.1. (a) This section applies to a person who
	217	+	27 commits an offense after June 30, 2014.
	218	+	28 (b) A person assigned to Class A earns one (1) day of good time
	219	+	29 credit for each calendar day or partial calendar day the person is:
	220	+	30 (1) imprisoned for a crime; or
	221	+	31 (2) confined awaiting trial or sentencing; or
	222	+	32 (3) on pretrial home detention.
	223	+	33 (c) A person assigned to Class B earns one (1) day of good time
	224	+	34 credit for every three (3) calendar days or partial calendar days the
	225	+	35 person is:
	226	+	36 (1) imprisoned for a crime; or
	227	+	37 (2) confined awaiting trial or sentencing; or
	228	+	38 (3) on pretrial home detention.
	229	+	39 (d) A person assigned to Class C earns one (1) day of good time
	230	+	40 credit for every six (6) calendar days or partial calendar days the person
	231	+	41 is:
	232	+	42 (1) imprisoned for a crime; or
	233	+	ES 286—LS 7214/DI 106 6
	234	+	1 (2) confined awaiting trial or sentencing; or
	235	+	2 (3) on pretrial home detention.
	236	+	3 (e) A person assigned to Class D earns no good time credit.
	237	+	4 (f) A person assigned to Class P earns one (1) day of good time
	238	+	5 credit for every four (4) calendar days or partial calendar days the
	239	+	6 person serves on pretrial home detention awaiting trial. A person
	240	+	7 assigned to Class P does not earn accrued time for time served on
	241	+	8 pretrial home detention awaiting trial.
	242	+	9 SECTION 5. IC 35-50-6-4, AS AMENDED BY P.L.44-2016,
	243	+	10 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	244	+	11 JULY 1, 2023]: Sec. 4. (a) A person:
	245	+	12 (1) who is not a credit restricted felon; and
	246	+	13 (2) who is imprisoned for a Level 6 felony or a misdemeanor or
	247	+	14 imprisoned awaiting trial or sentencing for a Level 6 felony or
	248	+	15 misdemeanor;
	249	+	16 is initially assigned to Class A.
	250	+	17 (b) A person:
	251	+	18 (1) who is not a credit restricted felon; and
	252	+	19 (2) who is imprisoned for a crime other than a Level 6 felony or
	253	+	20 misdemeanor or imprisoned awaiting trial or sentencing for a
	254	+	21 crime other than a Level 6 felony or misdemeanor;
	255	+	22 is initially assigned to Class B.
	256	+	23 (c) A person who is a credit restricted felon and who is imprisoned
	257	+	24 for a crime or imprisoned awaiting trial or sentencing is initially
	258	+	25 assigned to Class C. A credit restricted felon may not be assigned to
	259	+	26 Class A or Class B.
	260	+	27 (d) A person who is not a credit restricted felon may be reassigned
	261	+	28 to Class C or Class D if the person violates any of the following:
	262	+	29 (1) A rule of the department of correction.
	263	+	30 (2) A rule of the penal facility in which the person is imprisoned.
	264	+	31 (3) A rule or condition of a community transition program.
	265	+	32 However, a violation of a condition of parole or probation may not be
	266	+	33 the basis for reassignment. Before a person may be reassigned to a
	267	+	34 lower credit time class, the person must be granted a hearing to
	268	+	35 determine the person's guilt or innocence and, if found guilty, whether
	269	+	36 reassignment is an appropriate disciplinary action for the violation. The
	270	+	37 person may waive the right to the hearing.
	271	+	38 (e) A person who is a credit restricted felon may be reassigned to
	272	+	39 Class D and a person who is assigned to Class IV may be assigned to
	273	+	40 Class III if the person violates any of the following:
	274	+	41 (1) A rule of the department of correction.
	275	+	42 (2) A rule of the penal facility in which the person is imprisoned.
	276	+	ES 286—LS 7214/DI 106 7
	277	+	1 (3) A rule or condition of a community transition program.
	278	+	2 However, a violation of a condition of parole or probation may not be
	279	+	3 the basis for reassignment. Before a person may be reassigned to Class
	280	+	4 III or Class D, the person must be granted a hearing to determine the
	281	+	5 person's guilt or innocence and, if found guilty, whether reassignment
	282	+	6 is an appropriate disciplinary action for the violation. The person may
	283	+	7 waive the right to the hearing.
	284	+	8 (f) In connection with the hearing granted under subsection (d) or
	285	+	9 (e), the person is entitled to:
	286	+	10 (1) have not less than twenty-four (24) hours advance written
	287	+	11 notice of the date, time, and place of the hearing, and of the
	288	+	12 alleged misconduct and the rule the alleged misconduct is alleged
	289	+	13 to have violated;
	290	+	14 (2) have reasonable time to prepare for the hearing;
	291	+	15 (3) have an impartial decisionmaker;
	292	+	16 (4) appear and speak in the person's own behalf;
	293	+	17 (5) call witnesses and present evidence;
	294	+	18 (6) confront and cross-examine each witness, unless the hearing
	295	+	19 authority finds that to do so would subject a witness to a
	296	+	20 substantial risk of harm;
	297	+	21 (7) have the assistance of a lay advocate (the department may
	298	+	22 require that the advocate be an employee of, or a fellow prisoner
	299	+	23 in, the same facility or program);
	300	+	24 (8) have a written statement of the findings of fact, the evidence
	301	+	25 relied upon, and the reasons for the action taken;
	302	+	26 (9) have immunity if the person's testimony or any evidence
	303	+	27 derived from the person's testimony is used in any criminal
	304	+	28 proceedings; and
	305	+	29 (10) have the person's record expunged of any reference to the
	306	+	30 charge if the person is found not guilty or if a finding of guilt is
	307	+	31 later overturned.
	308	+	32 Any finding of guilt must be supported by a preponderance of the
	309	+	33 evidence presented at the hearing.
	310	+	34 (g) Except for a credit restricted felon, a person may be reassigned
	311	+	35 from:
	312	+	36 (1) Class III to Class I, Class II or Class IV;
	313	+	37 (2) Class II to Class I;
	314	+	38 (3) Class D to Class A, Class B, or Class C;
	315	+	39 (4) Class C to Class A or Class B.
	316	+	40 A person's assignment to Class III, Class II, Class C, or Class D shall
	317	+	41 be reviewed at least once every six (6) months to determine if the
	318	+	42 person should be reassigned to a higher credit time class. A credit
	319	+	ES 286—LS 7214/DI 106 8
	320	+	1 restricted felon may not be reassigned to Class I or Class II or to Class
	321	+	2 A, Class B, or Class C.
	322	+	3 (h) This subsection applies only to a person imprisoned awaiting
	323	+	4 trial. A person imprisoned awaiting trial is initially assigned to a credit
	324	+	5 class based on the most serious offense with which the person is
	325	+	6 charged. If all the offenses of which a person is convicted have a higher
	326	+	7 credit time class than the most serious offense with which the person
	327	+	8 is charged, the person earns credit time for the time imprisoned
	328	+	9 awaiting trial at the credit time class of the most serious offense of
	329	+	10 which the person was convicted. However, this section does not apply
	330	+	11 to any period during which the person is reassigned to a lower credit
	331	+	12 time class for a disciplinary violation.
	332	+	13 (i) This subsection applies only to a person placed on pretrial home
	333	+	14 detention awaiting trial. This subsection does not apply to any other
	334	+	15 person placed on home detention. A person placed on pretrial home
	335	+	16 detention awaiting trial is assigned to Class P. A person assigned to
	336	+	17 Class P may not be reassigned to another credit time class while the
	337	+	18 person is on pretrial home detention awaiting trial.
	338	+	19 SECTION 6. IC 35-50-6-5, AS AMENDED BY P.L.74-2015,
	339	+	20 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	340	+	21 JULY 1, 2023]: Sec. 5. (a) A person may, with respect to the same
	341	+	22 transaction, be deprived of any part of the educational credit or good
	342	+	23 time credit the person has earned for any of the following:
	343	+	24 (1) A violation of one (1) or more rules of the department of
	344	+	25 correction.
	345	+	26 (2) If the person is not committed to the department, a violation
	346	+	27 of one (1) or more rules of the penal facility in which the person
	347	+	28 is imprisoned.
	348	+	29 (3) A violation of one (1) or more rules or conditions of a:
	349	+	30 (A) community transition program; or
	350	+	31 (B) community corrections program.
	351	+	32 (4) If a court determines that a civil claim brought by the person
	352	+	33 in a state or an administrative court is frivolous, unreasonable, or
	353	+	34 groundless.
	354	+	35 (5) If the person is a sex or violent offender (as defined in
	355	+	36 IC 11-8-8-5) and refuses to register before being released from the
	356	+	37 department as required under IC 11-8-8-7.
	357	+	38 (6) If the person is a sex offender (as defined in IC 11-8-8-4.5)
	358	+	39 and refuses to participate in a sex offender treatment program
	359	+	40 specifically offered to the sex offender by the department of
	360	+	41 correction while the person is serving a period of incarceration
	361	+	42 with the department of correction.
	362	+	ES 286—LS 7214/DI 106 9
	363	+	1 However, the violation of a condition of parole or probation may not be
	364	+	2 the basis for deprivation, unless the person is confined on home
	365	+	3 detention as a condition of probation under IC 35-38-2.5-5. Whenever
	366	+	4 a person is deprived of educational credit or good time credit, the
	367	+	5 person may also be reassigned to Class II (if the person is not a credit
	368	+	6 restricted felon) or Class III, Class C, or Class D.
	369	+	7 (b) Before a person may be deprived of educational credit or good
	370	+	8 time credit, the person must be granted a hearing to determine the
	371	+	9 person's guilt or innocence and, if found guilty, whether deprivation of
	372	+	10 earned educational credit or good time credit is an appropriate
	373	+	11 disciplinary action for the violation. In connection with the hearing, the
	374	+	12 person is entitled to the procedural safeguards listed in section 4(c) 4
	375	+	13 of this chapter. The person may waive the person's right to the hearing.
	376	+	14 (c) Any part of the educational credit or good time credit of which
	377	+	15 a person is deprived under this section may be restored.
	378	+	16 (d) This subsection applies only to a person on pretrial home
	379	+	17 detention. If a person on pretrial home detention violates a
	380	+	18 condition of home detention, fails to appear as required, or
	381	+	19 commits escape (IC 35-44.1-3-4), the person shall be deprived of all
	382	+	20 accrued time earned while on pretrial home detention. The person
	383	+	21 may also be deprived of educational or good time credit in
	384	+	22 accordance with this section, if applicable. Before a person may be
	385	+	23 deprived of accrued time, the person must be granted a hearing to
	386	+	24 determine whether the person committed the specified violation. In
	387	+	25 connection with the hearing, the person is entitled to the
	388	+	26 procedural safeguards listed in section 4 of this chapter. The
	389	+	27 person may waive the person's right to the hearing.
	390	+	ES 286—LS 7214/DI 106 10
	391	+	COMMITTEE REPORT
	392	+	Madam President: The Senate Committee on Corrections and
	393	+	Criminal Law, to which was referred Senate Bill No. 286, has had the
	394	+	same under consideration and begs leave to report the same back to the
	395	+	Senate with the recommendation that said bill be AMENDED as
	396	+	follows:
	397	+	Page 1, between the enacting clause and line 1, begin a new
	398	+	paragraph and insert:
	399	+	"SECTION 1. IC 35-38-3-2, AS AMENDED BY P.L.74-2015,
15	400		SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16	401		JULY 1, 2023]: Sec. 2. (a) When a convicted person is sentenced to
17	402		imprisonment, the court shall, without delay, certify, under the seal of
18	403		the court or through any electronic means approved by the department
19	404		of correction, copies of the judgment of conviction and sentence to the
20	405		receiving authority.
21	406		(b) The judgment must include:
22	407		(1) the crime for which the convicted person is adjudged guilty
23	408		and the classification of the criminal offense;
24	409		(2) the period, if any, for which the person is rendered incapable
25	410		of holding any office of trust or profit;
26	411		(3) the amount of the fines or costs (including fees) assessed, if
27	412		any, whether or not the convicted person is indigent, and the
28	413		method by which the fines or costs (including fees) are to be
29	414		satisfied;
30	415		(4) the amount of credit time earned for time spent in confinement
31	416		before sentencing, including time on pretrial home detention;
32	417		and
33	418		(5) the amount to be credited toward payment of the fines or costs
34	419		(including fees) for time spent in confinement before sentencing.
35	420		(c) The judgment may specify the degree of security recommended
36		-	SEA 286 — Concur 2
37	421		by the court.
38	422		(d) A term of imprisonment begins on the date sentence is imposed,
39	423		unless execution of the sentence is stayed according to law.
40		-	SECTION 2. IC 35-50-2-8, AS AMENDED BY P.L.12-2017,
	424	+	SECTION 2. IC 35-50-6-0.5, AS AMENDED BY P.L.45-2022,
	425	+	SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	426	+	JULY 1, 2023]: Sec. 0.5. The following definitions apply throughout
	427	+	this chapter:
	428	+	(1) "Accrued time" means the amount of time that a person is
	429	+	imprisoned, or confined, on home detention as a condition of
	430	+	probation, or on home detention in a community corrections
	431	+	program. In determining the number of days a person has been
	432	+	ES 286—LS 7214/DI 106 11
	433	+	imprisoned, or confined, on home detention as a condition of
	434	+	probation, or on home detention in a community corrections
	435	+	program, a partial calendar day is considered to be one (1)
	436	+	calendar day.
	437	+	(2) "Calendar day" means the period of elapsed time that begins
	438	+	at midnight and ends twenty-four (24) hours later at the next
	439	+	midnight.
	440	+	(3) "Credit time" means the sum of a person's accrued time, good
	441	+	time credit, and educational credit.
	442	+	(4) "Educational credit" means a reduction in a person's term of
	443	+	imprisonment or confinement awarded for participation in an
	444	+	educational, vocational, rehabilitative, or other program. The term
	445	+	includes an individualized case management plan.
	446	+	(5) "Good time credit" means a reduction in a person's term of
	447	+	imprisonment or confinement awarded for the person's good
	448	+	behavior while imprisoned, or confined, or on home detention.
	449	+	(6) "Individualized case management plan" means educational
	450	+	credit which consists of a plan designed to address an
	451	+	incarcerated person's risk of recidivism, and may include:
	452	+	(A) addiction recovery treatment;
	453	+	(B) mental health treatment;
	454	+	(C) vocational education programming;
	455	+	(D) adult basic education, a high school or high school
	456	+	equivalency diploma, a college diploma, and any other
	457	+	academic educational goal; or
	458	+	(E) any other programming or activity that encourages
	459	+	productive pursuits while a person is incarcerated and that
	460	+	may reduce the person's likelihood to recidivate after the
	461	+	person's release from incarceration.
	462	+	SECTION 3. IC 35-50-6-3.1, AS AMENDED BY P.L.45-2022,
	463	+	SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	464	+	JULY 1, 2023]: Sec. 3.1. (a) This section applies to a person who
	465	+	commits an offense after June 30, 2014.
	466	+	(b) A person assigned to Class A earns one (1) day of good time
	467	+	credit for each calendar day or partial calendar day the person is:
	468	+	(1) imprisoned for a crime; or
	469	+	(2) confined awaiting trial or sentencing; or
	470	+	(3) on pretrial home detention.
	471	+	(c) A person assigned to Class B earns one (1) day of good time
	472	+	credit for every three (3) calendar days or partial calendar days the
	473	+	person is:
	474	+	(1) imprisoned for a crime; or
	475	+	ES 286—LS 7214/DI 106 12
	476	+	(2) confined awaiting trial or sentencing; or
	477	+	(3) on pretrial home detention.
	478	+	(d) A person assigned to Class C earns one (1) day of good time
	479	+	credit for every six (6) calendar days or partial calendar days the person
	480	+	is:
	481	+	(1) imprisoned for a crime; or
	482	+	(2) confined awaiting trial or sentencing; or
	483	+	(3) on pretrial home detention.
	484	+	(e) A person assigned to Class D earns no good time credit.
	485	+	(f) A person assigned to Class P earns one (1) day of good time
	486	+	credit for every four (4) calendar days or partial calendar days the
	487	+	person serves on pretrial home detention awaiting trial. A person
	488	+	assigned to Class P does not earn accrued time for time served on
	489	+	pretrial home detention awaiting trial.".
	490	+	Page 8, line 24, delete "(k)".
	491	+	Page 8, line 24, strike "This subsection applies only to a person
	492	+	placed on pretrial".
	493	+	Page 8, strike lines 25 through 29.
	494	+	Page 9, after line 27, begin a new paragraph and insert:
	495	+	"(d) This subsection applies only to a person on pretrial home
	496	+	detention. If a person on pretrial home detention violates a
	497	+	condition of home detention, fails to appear as required, or
	498	+	commits escape (IC 35-44.1-3-4), the person shall be deprived of all
	499	+	accrued time earned while on pretrial home detention. The person
	500	+	may also be deprived of educational or good time credit in
	501	+	accordance with this section. Before a person may be deprived of
	502	+	accrued time, the person must be granted a hearing to determine
	503	+	whether the person committed the specified violation. In
	504	+	connection with the hearing, the person is entitled to the
	505	+	procedural safeguards listed in section 4 of this chapter. The
	506	+	person may waive the person's right to the hearing.".
	507	+	Renumber all SECTIONS consecutively.
	508	+	and when so amended that said bill do pass and be reassigned to the
	509	+	Senate Committee on Appropriations.
	510	+	(Reference is to SB 286 as introduced.)
	511	+	FREEMAN, Chairperson
	512	+	Committee Vote: Yeas 8, Nays 0.
	513	+	ES 286—LS 7214/DI 106 13
	514	+	COMMITTEE REPORT
	515	+	Madam President: The Senate Committee on Appropriations, to
	516	+	which was referred Senate Bill No. 286, has had the same under
	517	+	consideration and begs leave to report the same back to the Senate with
	518	+	the recommendation that said bill be AMENDED as follows:
	519	+	Page 2, between lines 8 and 9, begin a new paragraph and insert:
	520	+	"SECTION 2. IC 35-50-2-8, AS AMENDED BY P.L.12-2017,
41	521		SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42	522		JULY 1, 2023]: Sec. 8. (a) The state may seek to have a person
43	523		sentenced as a habitual offender for a felony by alleging, on one (1) or
44	524		more pages separate from the rest of the charging instrument, that the
45	525		person has accumulated the required number of prior unrelated felony
46	526		convictions in accordance with this section.
47	527		(b) A person convicted of murder or of a Level 1 through Level 4
48	528		felony is a habitual offender if the state proves beyond a reasonable
49	529		doubt that:
50	530		(1) the person has been convicted of two (2) prior unrelated
51	531		felonies; and
52	532		(2) at least one (1) of the prior unrelated felonies is not a Level 6
53	533		felony or a Class D felony.
54	534		(c) A person convicted of a Level 5 felony is a habitual offender if
55	535		the state proves beyond a reasonable doubt that:
56	536		(1) the person has been convicted of two (2) prior unrelated
57	537		felonies;
58	538		(2) at least one (1) of the prior unrelated felonies is not a Level 6
59	539		felony or a Class D felony; and
60	540		(3) if the person is alleged to have committed a prior unrelated:
61	541		(A) Level 5 felony;
62	542		(B) Level 6 felony;
63	543		(C) Class C felony; or
64	544		(D) Class D felony;
65	545		not more than ten (10) years have elapsed between the time the
66	546		person was released from imprisonment, probation, or parole
67	547		(whichever is latest) for at least one (1) of the two (2) prior
68	548		unrelated felonies and the time the person committed the current
69	549		offense.
70	550		(d) A person convicted of a felony offense is a habitual offender if
71	551		the state proves beyond a reasonable doubt that:
72	552		(1) the person has been convicted of three (3) prior unrelated
73	553		felonies; and
74	554		(2) if the person is alleged to have committed a prior unrelated:
	555	+	ES 286—LS 7214/DI 106 14
75	556		(A) Level 5 felony;
76	557		(B) Level 6 felony;
77	558		(C) Class C felony; or
78	559		(D) Class D felony;
79		-	SEA 286 — Concur 3
80	560		not more than ten (10) years have elapsed between the time the
81	561		person was released from imprisonment, probation, or parole
82	562		(whichever is latest) for at least one (1) of the three (3) prior
83	563		unrelated felonies and the time the person committed the current
84	564		offense.
85	565		(e) The state may not seek to have a person sentenced as a habitual
86	566		offender for a felony offense under this section if the current offense is
87	567		a misdemeanor that is enhanced to a felony in the same proceeding as
88	568		the habitual offender proceeding solely because the person had a prior
89	569		unrelated conviction. However, a prior unrelated felony conviction may
90	570		be used to support a habitual offender determination even if the
91	571		sentence for the prior unrelated offense was enhanced for any reason,
92	572		including an enhancement because the person had been convicted of
93	573		another offense.
94	574		(f) A person has accumulated two (2) or three (3) prior unrelated
95	575		felony convictions for purposes of this section only if:
96	576		(1) the second prior unrelated felony conviction was committed
97	577		after commission of and sentencing for the first prior unrelated
98	578		felony conviction;
99	579		(2) the offense for which the state seeks to have the person
100	580		sentenced as a habitual offender was committed after commission
101	581		of and sentencing for the second prior unrelated felony
102	582		conviction; and
103	583		(3) for a conviction requiring proof of three (3) prior unrelated
104	584		felonies, the third prior unrelated felony conviction was
105	585		committed after commission of and sentencing for the second
106	586		prior unrelated felony conviction.
107	587		(g) A conviction does not count for purposes of this section as a
108	588		prior unrelated felony conviction if:
109	589		(1) the conviction has been set aside; or
110	590		(2) the conviction is one for which the person has been pardoned.
111	591		(h) If the person was convicted of the felony in a jury trial, the jury
112	592		shall reconvene for the sentencing hearing. If the trial was to the court
113	593		or the judgment was entered on a guilty plea, the court alone shall
114	594		conduct the sentencing hearing under IC 35-38-1-3. The role of the jury
115	595		is to determine whether the defendant has been convicted of the
116	596		unrelated felonies. The state or defendant may not conduct any
117	597		additional interrogation or questioning of the jury during the habitual
	598	+	ES 286—LS 7214/DI 106 15
118	599		offender part of the trial.
119	600		(i) The court shall sentence a person found to be a habitual offender
120	601		to an additional fixed term that is between:
121	602		(1) six (6) years and twenty (20) years, eight (8) years and
122		-	SEA 286 — Concur 4
123		-	twenty (20) years, for a person convicted of murder or a Level 1
124		-	through Level 4 felony; or
125		-	(2) two (2) years and six (6) years, three (3) years and six (6)
	603	+	twenty-five (25) years, for a person convicted of murder or a
	604	+	Level 1 through Level 4 felony; or
	605	+	(2) two (2) years and six (6) years, three (3) years and ten (10)
126	606		years, for a person convicted of a Level 5 or Level 6 felony.
127	607		An additional term imposed under this subsection is nonsuspendible.
128	608		(j) Habitual offender is a status that results in an enhanced sentence.
129	609		It is not a separate crime and does not result in a consecutive sentence.
130	610		The court shall attach the habitual offender enhancement to the felony
131	611		conviction with the highest sentence imposed and specify which felony
132	612		count is being enhanced. If the felony enhanced by the habitual
133	613		offender determination is set aside or vacated, the court shall
134	614		resentence the person and apply the habitual offender enhancement to
135	615		the felony conviction with the next highest sentence in the underlying
136	616		cause, if any.
137	617		(k) A prior unrelated felony conviction may not be collaterally
138	618		attacked during a habitual offender proceeding unless the conviction
139	619		is constitutionally invalid.
140	620		(l) The procedural safeguards that apply to other criminal charges,
141	621		including:
142	622		(1) the requirement that the charge be filed by information or
143	623		indictment; and
144	624		(2) the right to an initial hearing;
145		-	also apply to a habitual offender allegation.
146		-	SECTION 3. IC 35-50-6-0.5, AS AMENDED BY P.L.45-2022,
147		-	SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
148		-	JULY 1, 2023]: Sec. 0.5. The following definitions apply throughout
149		-	this chapter:
150		-	(1) "Accrued time" means the amount of time that a person is
151		-	imprisoned, or confined, on home detention as a condition of
152		-	probation, or on home detention in a community corrections
153		-	program. In determining the number of days a person has been
154		-	imprisoned, or confined, on home detention as a condition of
155		-	probation, or on home detention in a community corrections
156		-	program, a partial calendar day is considered to be one (1)
157		-	calendar day.
158		-	(2) "Calendar day" means the period of elapsed time that begins
159		-	at midnight and ends twenty-four (24) hours later at the next
160		-	midnight.
161		-	(3) "Credit time" means the sum of a person's accrued time, good
162		-	time credit, and educational credit.
163		-	(4) "Educational credit" means a reduction in a person's term of
164		-	imprisonment or confinement awarded for participation in an
165		-	SEA 286 — Concur 5
166		-	educational, vocational, rehabilitative, or other program. The term
167		-	includes an individualized case management plan.
168		-	(5) "Good time credit" means a reduction in a person's term of
169		-	imprisonment or confinement awarded for the person's good
170		-	behavior while imprisoned, or confined, or on home detention.
171		-	(6) "Individualized case management plan" means educational
172		-	credit which consists of a plan designed to address an
173		-	incarcerated person's risk of recidivism, and may include:
174		-	(A) addiction recovery treatment;
175		-	(B) mental health treatment;
176		-	(C) vocational education programming;
177		-	(D) adult basic education, a high school or high school
178		-	equivalency diploma, a college diploma, and any other
179		-	academic educational goal; or
180		-	(E) any other programming or activity that encourages
181		-	productive pursuits while a person is incarcerated and that
182		-	may reduce the person's likelihood to recidivate after the
183		-	person's release from incarceration.
184		-	SECTION 4. IC 35-50-6-3.1, AS AMENDED BY P.L.45-2022,
185		-	SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
186		-	JULY 1, 2023]: Sec. 3.1. (a) This section applies to a person who
187		-	commits an offense after June 30, 2014.
188		-	(b) A person assigned to Class A earns one (1) day of good time
189		-	credit for each calendar day or partial calendar day the person is:
190		-	(1) imprisoned for a crime; or
191		-	(2) confined awaiting trial or sentencing; or
192		-	(3) on pretrial home detention.
193		-	(c) A person assigned to Class B earns one (1) day of good time
194		-	credit for every three (3) calendar days or partial calendar days the
195		-	person is:
196		-	(1) imprisoned for a crime; or
197		-	(2) confined awaiting trial or sentencing; or
198		-	(3) on pretrial home detention.
199		-	(d) A person assigned to Class C earns one (1) day of good time
200		-	credit for every six (6) calendar days or partial calendar days the person
201		-	is:
202		-	(1) imprisoned for a crime; or
203		-	(2) confined awaiting trial or sentencing; or
204		-	(3) on pretrial home detention.
205		-	(e) A person assigned to Class D earns no good time credit.
206		-	(f) A person assigned to Class P earns one (1) day of good time
207		-	credit for every four (4) calendar days or partial calendar days the
208		-	SEA 286 — Concur 6
209		-	person serves on pretrial home detention awaiting trial. A person
210		-	assigned to Class P does not earn accrued time for time served on
211		-	pretrial home detention awaiting trial.
212		-	SECTION 5. IC 35-50-6-4, AS AMENDED BY P.L.44-2016,
	625	+	also apply to a habitual offender allegation.".
	626	+	Page 3, delete lines 31 through 42.
	627	+	Delete pages 4 through 9.
	628	+	Page 10, delete lines 1 through 34, begin a new paragraph and
	629	+	insert:
	630	+	"SECTION 6. IC 35-50-6-4, AS AMENDED BY P.L.44-2016,
213	631		SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
214	632		JULY 1, 2023]: Sec. 4. (a) A person:
215	633		(1) who is not a credit restricted felon; and
216	634		(2) who is imprisoned for a Level 6 felony or a misdemeanor or
217	635		imprisoned awaiting trial or sentencing for a Level 6 felony or
218	636		misdemeanor;
219	637		is initially assigned to Class A.
220	638		(b) A person:
221	639		(1) who is not a credit restricted felon; and
222	640		(2) who is imprisoned for a crime other than a Level 6 felony or
	641	+	ES 286—LS 7214/DI 106 16
223	642		misdemeanor or imprisoned awaiting trial or sentencing for a
224	643		crime other than a Level 6 felony or misdemeanor;
225	644		is initially assigned to Class B.
226	645		(c) A person who is a credit restricted felon and who is imprisoned
227	646		for a crime or imprisoned awaiting trial or sentencing is initially
228	647		assigned to Class C. A credit restricted felon may not be assigned to
229	648		Class A or Class B.
230	649		(d) A person who is not a credit restricted felon may be reassigned
231	650		to Class C or Class D if the person violates any of the following:
232	651		(1) A rule of the department of correction.
233	652		(2) A rule of the penal facility in which the person is imprisoned.
234	653		(3) A rule or condition of a community transition program.
235	654		However, a violation of a condition of parole or probation may not be
236	655		the basis for reassignment. Before a person may be reassigned to a
237	656		lower credit time class, the person must be granted a hearing to
238	657		determine the person's guilt or innocence and, if found guilty, whether
239	658		reassignment is an appropriate disciplinary action for the violation. The
240	659		person may waive the right to the hearing.
241	660		(e) A person who is a credit restricted felon may be reassigned to
242	661		Class D and a person who is assigned to Class IV may be assigned to
243	662		Class III if the person violates any of the following:
244	663		(1) A rule of the department of correction.
245	664		(2) A rule of the penal facility in which the person is imprisoned.
246	665		(3) A rule or condition of a community transition program.
247	666		However, a violation of a condition of parole or probation may not be
248	667		the basis for reassignment. Before a person may be reassigned to Class
249	668		III or Class D, the person must be granted a hearing to determine the
250	669		person's guilt or innocence and, if found guilty, whether reassignment
251		-	SEA 286 — Concur 7
252	670		is an appropriate disciplinary action for the violation. The person may
253	671		waive the right to the hearing.
254	672		(f) In connection with the hearing granted under subsection (d) or
255	673		(e), the person is entitled to:
256	674		(1) have not less than twenty-four (24) hours advance written
257	675		notice of the date, time, and place of the hearing, and of the
258	676		alleged misconduct and the rule the alleged misconduct is alleged
259	677		to have violated;
260	678		(2) have reasonable time to prepare for the hearing;
261	679		(3) have an impartial decisionmaker;
262	680		(4) appear and speak in the person's own behalf;
263	681		(5) call witnesses and present evidence;
264	682		(6) confront and cross-examine each witness, unless the hearing
265	683		authority finds that to do so would subject a witness to a
	684	+	ES 286—LS 7214/DI 106 17
266	685		substantial risk of harm;
267	686		(7) have the assistance of a lay advocate (the department may
268	687		require that the advocate be an employee of, or a fellow prisoner
269	688		in, the same facility or program);
270	689		(8) have a written statement of the findings of fact, the evidence
271	690		relied upon, and the reasons for the action taken;
272	691		(9) have immunity if the person's testimony or any evidence
273	692		derived from the person's testimony is used in any criminal
274	693		proceedings; and
275	694		(10) have the person's record expunged of any reference to the
276	695		charge if the person is found not guilty or if a finding of guilt is
277	696		later overturned.
278	697		Any finding of guilt must be supported by a preponderance of the
279	698		evidence presented at the hearing.
280	699		(g) Except for a credit restricted felon, a person may be reassigned
281	700		from:
282	701		(1) Class III to Class I, Class II or Class IV;
283	702		(2) Class II to Class I;
284	703		(3) Class D to Class A, Class B, or Class C;
285	704		(4) Class C to Class A or Class B.
286	705		A person's assignment to Class III, Class II, Class C, or Class D shall
287	706		be reviewed at least once every six (6) months to determine if the
288	707		person should be reassigned to a higher credit time class. A credit
289	708		restricted felon may not be reassigned to Class I or Class II or to Class
290	709		A, Class B, or Class C.
291	710		(h) This subsection applies only to a person imprisoned awaiting
292	711		trial. A person imprisoned awaiting trial is initially assigned to a credit
293	712		class based on the most serious offense with which the person is
294		-	SEA 286 — Concur 8
295	713		charged. If all the offenses of which a person is convicted have a higher
296	714		credit time class than the most serious offense with which the person
297	715		is charged, the person earns credit time for the time imprisoned
298	716		awaiting trial at the credit time class of the most serious offense of
299	717		which the person was convicted. However, this section does not apply
300	718		to any period during which the person is reassigned to a lower credit
301	719		time class for a disciplinary violation.
302	720		(i) This subsection applies only to a person placed on pretrial home
303	721		detention awaiting trial. This subsection does not apply to any other
304	722		person placed on home detention. A person placed on pretrial home
305	723		detention awaiting trial is assigned to Class P. A person assigned to
306	724		Class P may not be reassigned to another credit time class while the
307		-	person is on pretrial home detention awaiting trial.
308		-	SECTION 6. IC 35-50-6-5, AS AMENDED BY P.L.74-2015,
309		-	SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
310		-	JULY 1, 2023]: Sec. 5. (a) A person may, with respect to the same
311		-	transaction, be deprived of any part of the educational credit or good
312		-	time credit the person has earned for any of the following:
313		-	(1) A violation of one (1) or more rules of the department of
	725	+	person is on pretrial home detention awaiting trial.".
	726	+	Page 11, line 22, delete "Class D, if reassignment is" and insert
	727	+	ES 286—LS 7214/DI 106 18
	728	+	"Class D.".
	729	+	Page 11, delete line 23.
	730	+	Renumber all SECTIONS consecutively.
	731	+	and when so amended that said bill do pass.
	732	+	(Reference is to SB 286 as printed January 27, 2023.)
	733	+	MISHLER, Chairperson
	734	+	Committee Vote: Yeas 11, Nays 2.
	735	+	_____
	736	+	SENATE MOTION
	737	+	Madam President: I move that Senate Bill 286 be amended to read
	738	+	as follows:
	739	+	Page 6, between lines 8 and 9, begin a new paragraph and insert:
	740	+	"SECTION 5. IC 35-50-6-3.3, AS AMENDED BY P.L.142-2020,
	741	+	SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	742	+	JULY 1, 2023]: Sec. 3.3. (a) In addition to any educational credit a
	743	+	person earns under subsection (b), or good time credit a person earns
	744	+	under section 3 or 3.1 of this chapter, a person earns educational credit
	745	+	if the person:
	746	+	(1) is in credit Class I, Class A, or Class B;
	747	+	(2) has demonstrated a pattern consistent with rehabilitation; and
	748	+	(3) successfully completes requirements to obtain one (1) of the
	749	+	following:
	750	+	(A) A general educational development (GED) diploma under
	751	+	IC 20-20-6 (before its repeal) or IC 22-4.1-18, if the person
	752	+	has not previously obtained a high school diploma.
	753	+	(B) Except as provided in subsection (o), a high school
	754	+	diploma, if the person has not previously obtained a general
	755	+	educational development (GED) diploma.
	756	+	(C) An associate degree from an approved postsecondary
	757	+	educational institution (as defined under IC 21-7-13-6(a))
	758	+	earned during the person's incarceration.
	759	+	(D) A bachelor degree from an approved postsecondary
	760	+	educational institution (as defined under IC 21-7-13-6(a))
	761	+	earned during the person's incarceration.
	762	+	(b) In addition to any educational credit that a person earns under
	763	+	subsection (a), or good time credit a person earns under section 3 or 3.1
	764	+	of this chapter, a person may earn educational credit if, while confined
	765	+	ES 286—LS 7214/DI 106 19
	766	+	by the department of correction, the person:
	767	+	(1) is in credit Class I, Class A, or Class B;
	768	+	(2) demonstrates a pattern consistent with rehabilitation; and
	769	+	(3) successfully completes requirements for at least one (1) of the
	770	+	following:
	771	+	(A) To obtain a certificate of completion of a career and
	772	+	technical or vocational education program approved by the
	773	+	department of correction.
	774	+	(B) To obtain a certificate of completion of a substance abuse
	775	+	program approved by the department of correction.
	776	+	(C) To obtain a certificate of completion of a literacy and basic
	777	+	life skills program approved by the department of correction.
	778	+	(D) To obtain a certificate of completion of a reformative
	779	+	program approved by the department of correction.
	780	+	(E) An individualized case management plan approved by the
	781	+	department of correction.
	782	+	(c) The department of correction shall establish admissions criteria
	783	+	and other requirements for programs available for earning educational
	784	+	credit under subsection (b). A person may not earn educational credit
	785	+	under this section for the same program of study. The department of
	786	+	correction, in consultation with the department of workforce
	787	+	development, shall approve a program only if the program is likely to
	788	+	lead to an employable occupation.
	789	+	(d) The amount of educational credit a person may earn under this
	790	+	section is the following:
	791	+	(1) Six (6) months for completion of a state of Indiana general
	792	+	educational development (GED) diploma under IC 20-20-6
	793	+	(before its repeal) or IC 22-4.1-18.
	794	+	(2) One (1) year for graduation from high school.
	795	+	(3) Not more than one (1) year for completion of an associate
	796	+	degree.
	797	+	(4) Not more than two (2) years for completion of a bachelor
	798	+	degree.
	799	+	(5) Not more than a total of one (1) year, as determined by the
	800	+	department of correction, for the completion of one (1) or more
	801	+	career and technical or vocational education programs approved
	802	+	by the department of correction.
	803	+	(6) Not more than a total of six (6) months, as determined by the
	804	+	department of correction, for the completion of one (1) or more
	805	+	substance abuse programs approved by the department of
314	806		correction.
315		-	(2) If the person is not committed to the department, a violation
316		-	of one (1) or more rules of the penal facility in which the person
317		-	is imprisoned.
318		-	(3) A violation of one (1) or more rules or conditions of a:
319		-	(A) community transition program; or
320		-	(B) community corrections program.
321		-	(4) If a court determines that a civil claim brought by the person
322		-	in a state or an administrative court is frivolous, unreasonable, or
323		-	groundless.
324		-	(5) If the person is a sex or violent offender (as defined in
325		-	IC 11-8-8-5) and refuses to register before being released from the
326		-	department as required under IC 11-8-8-7.
327		-	(6) If the person is a sex offender (as defined in IC 11-8-8-4.5)
328		-	and refuses to participate in a sex offender treatment program
329		-	specifically offered to the sex offender by the department of
330		-	correction while the person is serving a period of incarceration
331		-	with the department of correction.
332		-	However, the violation of a condition of parole or probation may not be
333		-	the basis for deprivation, unless the person is confined on home
334		-	detention as a condition of probation under IC 35-38-2.5-5. Whenever
335		-	a person is deprived of educational credit or good time credit, the
336		-	person may also be reassigned to Class II (if the person is not a credit
337		-	SEA 286 — Concur 9
338		-	restricted felon) or Class III, Class C, or Class D.
339		-	(b) Before a person may be deprived of educational credit or good
340		-	time credit, the person must be granted a hearing to determine the
341		-	person's guilt or innocence and, if found guilty, whether deprivation of
342		-	earned educational credit or good time credit is an appropriate
343		-	disciplinary action for the violation. In connection with the hearing, the
344		-	person is entitled to the procedural safeguards listed in section 4(c) 4
345		-	of this chapter. The person may waive the person's right to the hearing.
346		-	(c) Any part of the educational credit or good time credit of which
347		-	a person is deprived under this section may be restored.
348		-	(d) This subsection applies only to a person on pretrial home
349		-	detention. If a person on pretrial home detention violates a
350		-	condition of home detention, fails to appear as required, or
351		-	commits escape (IC 35-44.1-3-4), the person shall be deprived of all
352		-	accrued time earned while on pretrial home detention. The person
353		-	may also be deprived of educational or good time credit in
354		-	accordance with this section, if applicable. Before a person may be
355		-	deprived of accrued time, the person must be granted a hearing to
356		-	determine whether the person committed the specified violation. In
357		-	connection with the hearing, the person is entitled to the
358		-	procedural safeguards listed in section 4 of this chapter. The
359		-	person may waive the person's right to the hearing.
360		-	SEA 286 — Concur President of the Senate
361		-	President Pro Tempore
362		-	Speaker of the House of Representatives
363		-	Governor of the State of Indiana
364		-	Date: Time:
365		-	SEA 286 — Concur
	807	+	(7) Not more than a total of six (6) months, as determined by the
	808	+	ES 286—LS 7214/DI 106 20
	809	+	department of correction, for the completion of one (1) or more
	810	+	literacy and basic life skills programs approved by the department
	811	+	of correction.
	812	+	(8) Not more than a total of six (6) months, as determined by the
	813	+	department of correction, for completion of one (1) or more
	814	+	reformative programs approved by the department of correction.
	815	+	However, a person who is serving a sentence for an offense listed
	816	+	under IC 11-8-8-4.5 may not earn educational credit under this
	817	+	subdivision.
	818	+	(9) An amount determined by the department of correction under
	819	+	a policy adopted by the department of correction concerning the
	820	+	individualized case management plan, not to exceed the
	821	+	maximum amount described in subsection (j).
	822	+	However, a person who does not have a substance abuse problem that
	823	+	qualifies the person to earn educational credit in a substance abuse
	824	+	program may earn not more than a total of twelve (12) months of
	825	+	educational credit, as determined by the department of correction, for
	826	+	the completion of one (1) or more career and technical or vocational
	827	+	education programs approved by the department of correction. If a
	828	+	person earns more than six (6) months of educational credit for the
	829	+	completion of one (1) or more career and technical or vocational
	830	+	education programs, the person is ineligible to earn educational credit
	831	+	for the completion of one (1) or more substance abuse programs.
	832	+	(e) Educational credit earned under this section must be directly
	833	+	proportional to the time served and course work completed while
	834	+	incarcerated. The department of correction shall adopt rules under
	835	+	IC 4-22-2 necessary to implement this subsection.
	836	+	(f) Educational credit earned by a person under this section is
	837	+	subtracted from the release date that would otherwise apply to the
	838	+	person by the sentencing court after subtracting all other credit time
	839	+	earned by the person.
	840	+	(g) A person does not earn educational credit under subsection (a)
	841	+	unless the person completes at least a portion of the degree
	842	+	requirements after June 30, 1993.
	843	+	(h) A person does not earn educational credit under subsection (b)
	844	+	unless the person completes at least a portion of the program
	845	+	requirements after June 30, 1999.
	846	+	(i) Educational credit earned by a person under subsection (a) for a
	847	+	diploma or degree completed before July 1, 1999, shall be subtracted
	848	+	from:
	849	+	(1) the release date that would otherwise apply to the person after
	850	+	subtracting all other credit time earned by the person, if the
	851	+	ES 286—LS 7214/DI 106 21
	852	+	person has not been convicted of an offense described in
	853	+	subdivision (2); or
	854	+	(2) the period of imprisonment imposed on the person by the
	855	+	sentencing court, if the person has been convicted of one (1) of
	856	+	the following crimes:
	857	+	(A) Rape (IC 35-42-4-1).
	858	+	(B) Criminal deviate conduct (IC 35-42-4-2) (before its
	859	+	repeal).
	860	+	(C) Child molesting (IC 35-42-4-3).
	861	+	(D) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
	862	+	(E) Vicarious sexual gratification (IC 35-42-4-5).
	863	+	(F) Child solicitation (IC 35-42-4-6).
	864	+	(G) Child seduction (IC 35-42-4-7).
	865	+	(H) Sexual misconduct with a minor (IC 35-42-4-9) as a:
	866	+	(i) Class A felony, Class B felony, or Class C felony for a
	867	+	crime committed before July 1, 2014; or
	868	+	(ii) Level 1, Level 2, or Level 4 felony, for a crime
	869	+	committed after June 30, 2014.
	870	+	(I) Incest (IC 35-46-1-3).
	871	+	(J) Sexual battery (IC 35-42-4-8).
	872	+	(K) Kidnapping (IC 35-42-3-2), if the victim is less than
	873	+	eighteen (18) years of age.
	874	+	(L) Criminal confinement (IC 35-42-3-3), if the victim is less
	875	+	than eighteen (18) years of age.
	876	+	(j) The maximum amount of educational credit a person may earn
	877	+	under this section is the lesser of:
	878	+	(1) two (2) years; or
	879	+	(2) one-third (1/3) of the person's total applicable credit time.
	880	+	(k) Educational credit earned under this section by an offender
	881	+	serving a sentence for stalking (IC 35-45-10-5), a felony against a
	882	+	person under IC 35-42, or for a crime listed in IC 11-8-8-5, shall be
	883	+	reduced to the extent that application of the educational credit would
	884	+	otherwise result in:
	885	+	(1) postconviction release (as defined in IC 35-40-4-6); or
	886	+	(2) assignment of the person to a community transition program;
	887	+	in less than forty-five (45) days after the person earns the educational
	888	+	credit.
	889	+	(l) A person may earn educational credit for multiple degrees at the
	890	+	same education level under subsection (d) only in accordance with
	891	+	guidelines approved by the department of correction. The department
	892	+	of correction may approve guidelines for proper sequence of education
	893	+	degrees under subsection (d).
	894	+	ES 286—LS 7214/DI 106 22
	895	+	(m) A person may not earn educational credit:
	896	+	(1) for a general educational development (GED) diploma if the
	897	+	person has previously earned a high school diploma; or
	898	+	(2) for a high school diploma if the person has previously earned
	899	+	a general educational development (GED) diploma.
	900	+	(n) A person may not earn educational credit under this section if
	901	+	the person:
	902	+	(1) commits an offense listed in IC 11-8-8-4.5 while the person is
	903	+	required to register as a sex or violent offender under IC 11-8-8-7;
	904	+	and
	905	+	(2) is committed to the department of correction after being
	906	+	convicted of the offense listed in IC 11-8-8-4.5.
	907	+	(o) For a person to earn educational credit under subsection
	908	+	(a)(3)(B) for successfully completing the requirements for a high
	909	+	school diploma through correspondence courses, each correspondence
	910	+	course must be approved by the department before the person begins
	911	+	the correspondence course. The department may approve a
	912	+	correspondence course only if the entity administering the course is
	913	+	recognized and accredited by the department of education in the state
	914	+	where the entity is located.
	915	+	(p) The department of correction shall, before May 1, 2023, submit
	916	+	a report to the legislative council, in an electronic format under
	917	+	IC 5-14-6, concerning the implementation of the individualized case
	918	+	management plan. The report must include the following:
	919	+	(1) The ratio of case management staff to offenders participating
	920	+	in the individualized case management plan as of January 1, 2023.
	921	+	(2) The average number of days awarded to offenders
	922	+	participating in the individualized case management plan from
	923	+	January 1, 2022, through December 31, 2022.
	924	+	(3) The percentage of the prison population currently participating
	925	+	in an individualized case management plan as of January 1, 2023.
	926	+	(4) Any other data points or information related to the status of
	927	+	the implementation of the individualized case management plan.
	928	+	This subsection expires June 30, 2023.
	929	+	(q) A person does not earn educational credit time under this
	930	+	section unless the person is incarcerated full time in a correctional
	931	+	facility or jail. A person does not earn educational credit time
	932	+	under this section for time spent on home detention or work
	933	+	release, even for that part of work release served in a jail or
	934	+	correctional facility.".
	935	+	Page 9, line 22, delete "section." and insert "section, if applicable.".
	936	+	ES 286—LS 7214/DI 106 23
	937	+	Renumber all SECTIONS consecutively.
	938	+	(Reference is to SB 286 as printed February 24, 2023.)
	939	+	YOUNG M
	940	+	_____
	941	+	COMMITTEE REPORT
	942	+	Mr. Speaker: Your Committee on Courts and Criminal Code, to
	943	+	which was referred Senate Bill 286, has had the same under
	944	+	consideration and begs leave to report the same back to the House with
	945	+	the recommendation that said bill be amended as follows:
	946	+	Page 4, line 6, delete "twenty-five (25)" and insert "twenty (20)".
	947	+	Page 4, line 8, delete "ten (10)" and insert "six (6)".
	948	+	Page 6, delete lines 9 through 42.
	949	+	Delete pages 7 through 9.
	950	+	Page 10, delete lines 1 through 31.
	951	+	Renumber all SECTIONS consecutively.
	952	+	and when so amended that said bill do pass.
	953	+	(Reference is to SB 286 as reprinted February 28, 2023.)
	954	+	MCNAMARA
	955	+	Committee Vote: yeas 12, nays 0.
	956	+	ES 286—LS 7214/DI 106