First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2022 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 286
AN ACT to amend the Indiana Code concerning corrections.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 35-38-3-2, AS AMENDED BY P.L.74-2015,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 2. (a) When a convicted person is sentenced to
imprisonment, the court shall, without delay, certify, under the seal of
the court or through any electronic means approved by the department
of correction, copies of the judgment of conviction and sentence to the
receiving authority.
(b) The judgment must include:
(1) the crime for which the convicted person is adjudged guilty
and the classification of the criminal offense;
(2) the period, if any, for which the person is rendered incapable
of holding any office of trust or profit;
(3) the amount of the fines or costs (including fees) assessed, if
any, whether or not the convicted person is indigent, and the
method by which the fines or costs (including fees) are to be
satisfied;
(4) the amount of credit time earned for time spent in confinement
before sentencing, including time on pretrial home detention;
and
(5) the amount to be credited toward payment of the fines or costs
(including fees) for time spent in confinement before sentencing.
(c) The judgment may specify the degree of security recommended
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by the court.
(d) A term of imprisonment begins on the date sentence is imposed,
unless execution of the sentence is stayed according to law.
SECTION 2. IC 35-50-2-8, AS AMENDED BY P.L.12-2017,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 8. (a) The state may seek to have a person
sentenced as a habitual offender for a felony by alleging, on one (1) or
more pages separate from the rest of the charging instrument, that the
person has accumulated the required number of prior unrelated felony
convictions in accordance with this section.
(b) A person convicted of murder or of a Level 1 through Level 4
felony is a habitual offender if the state proves beyond a reasonable
doubt that:
(1) the person has been convicted of two (2) prior unrelated
felonies; and
(2) at least one (1) of the prior unrelated felonies is not a Level 6
felony or a Class D felony.
(c) A person convicted of a Level 5 felony is a habitual offender if
the state proves beyond a reasonable doubt that:
(1) the person has been convicted of two (2) prior unrelated
felonies;
(2) at least one (1) of the prior unrelated felonies is not a Level 6
felony or a Class D felony; and
(3) if the person is alleged to have committed a prior unrelated:
(A) Level 5 felony;
(B) Level 6 felony;
(C) Class C felony; or
(D) Class D felony;
not more than ten (10) years have elapsed between the time the
person was released from imprisonment, probation, or parole
(whichever is latest) for at least one (1) of the two (2) prior
unrelated felonies and the time the person committed the current
offense.
(d) A person convicted of a felony offense is a habitual offender if
the state proves beyond a reasonable doubt that:
(1) the person has been convicted of three (3) prior unrelated
felonies; and
(2) if the person is alleged to have committed a prior unrelated:
(A) Level 5 felony;
(B) Level 6 felony;
(C) Class C felony; or
(D) Class D felony;
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not more than ten (10) years have elapsed between the time the
person was released from imprisonment, probation, or parole
(whichever is latest) for at least one (1) of the three (3) prior
unrelated felonies and the time the person committed the current
offense.
(e) The state may not seek to have a person sentenced as a habitual
offender for a felony offense under this section if the current offense is
a misdemeanor that is enhanced to a felony in the same proceeding as
the habitual offender proceeding solely because the person had a prior
unrelated conviction. However, a prior unrelated felony conviction may
be used to support a habitual offender determination even if the
sentence for the prior unrelated offense was enhanced for any reason,
including an enhancement because the person had been convicted of
another offense.
(f) A person has accumulated two (2) or three (3) prior unrelated
felony convictions for purposes of this section only if:
(1) the second prior unrelated felony conviction was committed
after commission of and sentencing for the first prior unrelated
felony conviction;
(2) the offense for which the state seeks to have the person
sentenced as a habitual offender was committed after commission
of and sentencing for the second prior unrelated felony
conviction; and
(3) for a conviction requiring proof of three (3) prior unrelated
felonies, the third prior unrelated felony conviction was
committed after commission of and sentencing for the second
prior unrelated felony conviction.
(g) A conviction does not count for purposes of this section as a
prior unrelated felony conviction if:
(1) the conviction has been set aside; or
(2) the conviction is one for which the person has been pardoned.
(h) If the person was convicted of the felony in a jury trial, the jury
shall reconvene for the sentencing hearing. If the trial was to the court
or the judgment was entered on a guilty plea, the court alone shall
conduct the sentencing hearing under IC 35-38-1-3. The role of the jury
is to determine whether the defendant has been convicted of the
unrelated felonies. The state or defendant may not conduct any
additional interrogation or questioning of the jury during the habitual
offender part of the trial.
(i) The court shall sentence a person found to be a habitual offender
to an additional fixed term that is between:
(1) six (6) years and twenty (20) years, eight (8) years and
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twenty (20) years, for a person convicted of murder or a Level 1
through Level 4 felony; or
(2) two (2) years and six (6) years, three (3) years and six (6)
years, for a person convicted of a Level 5 or Level 6 felony.
An additional term imposed under this subsection is nonsuspendible.
(j) Habitual offender is a status that results in an enhanced sentence.
It is not a separate crime and does not result in a consecutive sentence.
The court shall attach the habitual offender enhancement to the felony
conviction with the highest sentence imposed and specify which felony
count is being enhanced. If the felony enhanced by the habitual
offender determination is set aside or vacated, the court shall
resentence the person and apply the habitual offender enhancement to
the felony conviction with the next highest sentence in the underlying
cause, if any.
(k) A prior unrelated felony conviction may not be collaterally
attacked during a habitual offender proceeding unless the conviction
is constitutionally invalid.
(l) The procedural safeguards that apply to other criminal charges,
including:
(1) the requirement that the charge be filed by information or
indictment; and
(2) the right to an initial hearing;
also apply to a habitual offender allegation.
SECTION 3. IC 35-50-6-0.5, AS AMENDED BY P.L.45-2022,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 0.5. The following definitions apply throughout
this chapter:
(1) "Accrued time" means the amount of time that a person is
imprisoned, or confined, on home detention as a condition of
probation, or on home detention in a community corrections
program. In determining the number of days a person has been
imprisoned, or confined, on home detention as a condition of
probation, or on home detention in a community corrections
program, a partial calendar day is considered to be one (1)
calendar day.
(2) "Calendar day" means the period of elapsed time that begins
at midnight and ends twenty-four (24) hours later at the next
midnight.
(3) "Credit time" means the sum of a person's accrued time, good
time credit, and educational credit.
(4) "Educational credit" means a reduction in a person's term of
imprisonment or confinement awarded for participation in an
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educational, vocational, rehabilitative, or other program. The term
includes an individualized case management plan.
(5) "Good time credit" means a reduction in a person's term of
imprisonment or confinement awarded for the person's good
behavior while imprisoned, or confined, or on home detention.
(6) "Individualized case management plan" means educational
credit which consists of a plan designed to address an
incarcerated person's risk of recidivism, and may include:
(A) addiction recovery treatment;
(B) mental health treatment;
(C) vocational education programming;
(D) adult basic education, a high school or high school
equivalency diploma, a college diploma, and any other
academic educational goal; or
(E) any other programming or activity that encourages
productive pursuits while a person is incarcerated and that
may reduce the person's likelihood to recidivate after the
person's release from incarceration.
SECTION 4. IC 35-50-6-3.1, AS AMENDED BY P.L.45-2022,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 3.1. (a) This section applies to a person who
commits an offense after June 30, 2014.
(b) A person assigned to Class A earns one (1) day of good time
credit for each calendar day or partial calendar day the person is:
(1) imprisoned for a crime; or
(2) confined awaiting trial or sentencing; or
(3) on pretrial home detention.
(c) A person assigned to Class B earns one (1) day of good time
credit for every three (3) calendar days or partial calendar days the
person is:
(1) imprisoned for a crime; or
(2) confined awaiting trial or sentencing; or
(3) on pretrial home detention.
(d) A person assigned to Class C earns one (1) day of good time
credit for every six (6) calendar days or partial calendar days the person
is:
(1) imprisoned for a crime; or
(2) confined awaiting trial or sentencing; or
(3) on pretrial home detention.
(e) A person assigned to Class D earns no good time credit.
(f) A person assigned to Class P earns one (1) day of good time
credit for every four (4) calendar days or partial calendar days the
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person serves on pretrial home detention awaiting trial. A person
assigned to Class P does not earn accrued time for time served on
pretrial home detention awaiting trial.
SECTION 5. IC 35-50-6-4, AS AMENDED BY P.L.44-2016,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 4. (a) A person:
(1) who is not a credit restricted felon; and
(2) who is imprisoned for a Level 6 felony or a misdemeanor or
imprisoned awaiting trial or sentencing for a Level 6 felony or
misdemeanor;
is initially assigned to Class A.
(b) A person:
(1) who is not a credit restricted felon; and
(2) who is imprisoned for a crime other than a Level 6 felony or
misdemeanor or imprisoned awaiting trial or sentencing for a
crime other than a Level 6 felony or misdemeanor;
is initially assigned to Class B.
(c) A person who is a credit restricted felon and who is imprisoned
for a crime or imprisoned awaiting trial or sentencing is initially
assigned to Class C. A credit restricted felon may not be assigned to
Class A or Class B.
(d) A person who is not a credit restricted felon may be reassigned
to Class C or Class D if the person violates any of the following:
(1) A rule of the department of correction.
(2) A rule of the penal facility in which the person is imprisoned.
(3) A rule or condition of a community transition program.
However, a violation of a condition of parole or probation may not be
the basis for reassignment. Before a person may be reassigned to a
lower credit time class, the person must be granted a hearing to
determine the person's guilt or innocence and, if found guilty, whether
reassignment is an appropriate disciplinary action for the violation. The
person may waive the right to the hearing.
(e) A person who is a credit restricted felon may be reassigned to
Class D and a person who is assigned to Class IV may be assigned to
Class III if the person violates any of the following:
(1) A rule of the department of correction.
(2) A rule of the penal facility in which the person is imprisoned.
(3) A rule or condition of a community transition program.
However, a violation of a condition of parole or probation may not be
the basis for reassignment. Before a person may be reassigned to Class
III or Class D, the person must be granted a hearing to determine the
person's guilt or innocence and, if found guilty, whether reassignment
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is an appropriate disciplinary action for the violation. The person may
waive the right to the hearing.
(f) In connection with the hearing granted under subsection (d) or
(e), the person is entitled to:
(1) have not less than twenty-four (24) hours advance written
notice of the date, time, and place of the hearing, and of the
alleged misconduct and the rule the alleged misconduct is alleged
to have violated;
(2) have reasonable time to prepare for the hearing;
(3) have an impartial decisionmaker;
(4) appear and speak in the person's own behalf;
(5) call witnesses and present evidence;
(6) confront and cross-examine each witness, unless the hearing
authority finds that to do so would subject a witness to a
substantial risk of harm;
(7) have the assistance of a lay advocate (the department may
require that the advocate be an employee of, or a fellow prisoner
in, the same facility or program);
(8) have a written statement of the findings of fact, the evidence
relied upon, and the reasons for the action taken;
(9) have immunity if the person's testimony or any evidence
derived from the person's testimony is used in any criminal
proceedings; and
(10) have the person's record expunged of any reference to the
charge if the person is found not guilty or if a finding of guilt is
later overturned.
Any finding of guilt must be supported by a preponderance of the
evidence presented at the hearing.
(g) Except for a credit restricted felon, a person may be reassigned
from:
(1) Class III to Class I, Class II or Class IV;
(2) Class II to Class I;
(3) Class D to Class A, Class B, or Class C;
(4) Class C to Class A or Class B.
A person's assignment to Class III, Class II, Class C, or Class D shall
be reviewed at least once every six (6) months to determine if the
person should be reassigned to a higher credit time class. A credit
restricted felon may not be reassigned to Class I or Class II or to Class
A, Class B, or Class C.
(h) This subsection applies only to a person imprisoned awaiting
trial. A person imprisoned awaiting trial is initially assigned to a credit
class based on the most serious offense with which the person is
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charged. If all the offenses of which a person is convicted have a higher
credit time class than the most serious offense with which the person
is charged, the person earns credit time for the time imprisoned
awaiting trial at the credit time class of the most serious offense of
which the person was convicted. However, this section does not apply
to any period during which the person is reassigned to a lower credit
time class for a disciplinary violation.
(i) This subsection applies only to a person placed on pretrial home
detention awaiting trial. This subsection does not apply to any other
person placed on home detention. A person placed on pretrial home
detention awaiting trial is assigned to Class P. A person assigned to
Class P may not be reassigned to another credit time class while the
person is on pretrial home detention awaiting trial.
SECTION 6. IC 35-50-6-5, AS AMENDED BY P.L.74-2015,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 5. (a) A person may, with respect to the same
transaction, be deprived of any part of the educational credit or good
time credit the person has earned for any of the following:
(1) A violation of one (1) or more rules of the department of
correction.
(2) If the person is not committed to the department, a violation
of one (1) or more rules of the penal facility in which the person
is imprisoned.
(3) A violation of one (1) or more rules or conditions of a:
(A) community transition program; or
(B) community corrections program.
(4) If a court determines that a civil claim brought by the person
in a state or an administrative court is frivolous, unreasonable, or
groundless.
(5) If the person is a sex or violent offender (as defined in
IC 11-8-8-5) and refuses to register before being released from the
department as required under IC 11-8-8-7.
(6) If the person is a sex offender (as defined in IC 11-8-8-4.5)
and refuses to participate in a sex offender treatment program
specifically offered to the sex offender by the department of
correction while the person is serving a period of incarceration
with the department of correction.
However, the violation of a condition of parole or probation may not be
the basis for deprivation, unless the person is confined on home
detention as a condition of probation under IC 35-38-2.5-5. Whenever
a person is deprived of educational credit or good time credit, the
person may also be reassigned to Class II (if the person is not a credit
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restricted felon) or Class III, Class C, or Class D.
(b) Before a person may be deprived of educational credit or good
time credit, the person must be granted a hearing to determine the
person's guilt or innocence and, if found guilty, whether deprivation of
earned educational credit or good time credit is an appropriate
disciplinary action for the violation. In connection with the hearing, the
person is entitled to the procedural safeguards listed in section 4(c) 4
of this chapter. The person may waive the person's right to the hearing.
(c) Any part of the educational credit or good time credit of which
a person is deprived under this section may be restored.
(d) This subsection applies only to a person on pretrial home
detention. If a person on pretrial home detention violates a
condition of home detention, fails to appear as required, or
commits escape (IC 35-44.1-3-4), the person shall be deprived of all
accrued time earned while on pretrial home detention. The person
may also be deprived of educational or good time credit in
accordance with this section, if applicable. Before a person may be
deprived of accrued time, the person must be granted a hearing to
determine whether the person committed the specified violation. In
connection with the hearing, the person is entitled to the
procedural safeguards listed in section 4 of this chapter. The
person may waive the person's right to the hearing.
SEA 286 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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