Indiana 2023 Regular Session

Indiana Senate Bill SB0365 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 365
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-38-3-2; IC 35-50-6.
7	7	Synopsis: Credit time for pretrial home detention. Provides that good
8	8	time credit earned for pretrial home detention is the same as good time
9	9	credit earned for pretrial incarceration. Makes conforming changes.
10	10	Effective: July 1, 2023.
11	11	Pol Jr.
12	12	January 12, 2023, read first time and referred to Committee on Corrections and Criminal
13	13	Law.
14	14	2023 IN 365—LS 6496/DI 149 Introduced
15	15	First Regular Session of the 123rd General Assembly (2023)
16	16	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
17	17	Constitution) is being amended, the text of the existing provision will appear in this style type,
18	18	additions will appear in this style type, and deletions will appear in this style type.
19	19	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
20	20	provision adopted), the text of the new provision will appear in this style type. Also, the
21	21	word NEW will appear in that style type in the introductory clause of each SECTION that adds
22	22	a new provision to the Indiana Code or the Indiana Constitution.
23	23	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
24	24	between statutes enacted by the 2022 Regular Session of the General Assembly.
25	25	SENATE BILL No. 365
26	26	A BILL FOR AN ACT to amend the Indiana Code concerning
27	27	criminal law and procedure.
28	28	Be it enacted by the General Assembly of the State of Indiana:
29	29	1 SECTION 1. IC 35-38-3-2, AS AMENDED BY P.L.74-2015,
30	30	2 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31	31	3 JULY 1, 2023]: Sec. 2. (a) When a convicted person is sentenced to
32	32	4 imprisonment, the court shall, without delay, certify, under the seal of
33	33	5 the court or through any electronic means approved by the department
34	34	6 of correction, copies of the judgment of conviction and sentence to the
35	35	7 receiving authority.
36	36	8 (b) The judgment must include:
37	37	9 (1) the crime for which the convicted person is adjudged guilty
38	38	10 and the classification of the criminal offense;
39	39	11 (2) the period, if any, for which the person is rendered incapable
40	40	12 of holding any office of trust or profit;
41	41	13 (3) the amount of the fines or costs (including fees) assessed, if
42	42	14 any, whether or not the convicted person is indigent, and the
43	43	15 method by which the fines or costs (including fees) are to be
44	44	16 satisfied;
45	45	17 (4) the amount of credit time earned for time spent in confinement
46	46	2023 IN 365—LS 6496/DI 149 2
47	47	1 before sentencing, including time on pretrial home detention;
48	48	2 and
49	49	3 (5) the amount to be credited toward payment of the fines or costs
50	50	4 (including fees) for time spent in confinement before sentencing.
51	51	5 (c) The judgment may specify the degree of security recommended
52	52	6 by the court.
53	53	7 (d) A term of imprisonment begins on the date sentence is imposed,
54	54	8 unless execution of the sentence is stayed according to law.
55	55	9 SECTION 2. IC 35-50-6-0.5, AS AMENDED BY P.L.45-2022,
56	56	10 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
57	57	11 JULY 1, 2023]: Sec. 0.5. The following definitions apply throughout
58	58	12 this chapter:
59	59	13 (1) "Accrued time" means the amount of time that a person is
60	60	14 imprisoned, or confined, on home detention as a condition of
61	61	15 probation, or on home detention in a community corrections
62	62	16 program. In determining the number of days a person has been
63	63	17 imprisoned, or confined, on home detention as a condition of
64	64	18 probation, or on home detention in a community corrections
65	65	19 program a partial calendar day is considered to be one (1)
66	66	20 calendar day.
67	67	21 (2) "Calendar day" means the period of elapsed time that begins
68	68	22 at midnight and ends twenty-four (24) hours later at the next
69	69	23 midnight.
70	70	24 (3) "Credit time" means the sum of a person's accrued time, good
71	71	25 time credit, and educational credit.
72	72	26 (4) "Educational credit" means a reduction in a person's term of
73	73	27 imprisonment or confinement awarded for participation in an
74	74	28 educational, vocational, rehabilitative, or other program. The term
75	75	29 includes an individualized case management plan.
76	76	30 (5) "Good time credit" means a reduction in a person's term of
77	77	31 imprisonment or confinement awarded for the person's good
78	78	32 behavior while imprisoned, or confined, or on home detention.
79	79	33 (6) "Individualized case management plan" means educational
80	80	34 credit which consists of a plan designed to address an
81	81	35 incarcerated person's risk of recidivism, and may include:
82	82	36 (A) addiction recovery treatment;
83	83	37 (B) mental health treatment;
84	84	38 (C) vocational education programming;
85	85	39 (D) adult basic education, a high school or high school
86	86	40 equivalency diploma, a college diploma, and any other
87	87	41 academic educational goal; or
88	88	42 (E) any other programming or activity that encourages
89	89	2023 IN 365—LS 6496/DI 149 3
90	90	1 productive pursuits while a person is incarcerated and that
91	91	2 may reduce the person's likelihood to recidivate after the
92	92	3 person's release from incarceration.
93	93	4 SECTION 3. IC 35-50-6-3.1, AS AMENDED BY P.L.45-2022,
94	94	5 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
95	95	6 JULY 1, 2023]: Sec. 3.1. (a) This section applies to a person who
96	96	7 commits an offense after June 30, 2014.
97	97	8 (b) A person assigned to Class A earns one (1) day of good time
98	98	9 credit for each calendar day or partial calendar day the person is:
99	99	10 (1) imprisoned for a crime; or
100	100	11 (2) confined awaiting trial or sentencing; or
101	101	12 (3) on pretrial home detention.
102	102	13 (c) A person assigned to Class B earns one (1) day of good time
103	103	14 credit for every three (3) calendar days or partial calendar days the
104	104	15 person is:
105	105	16 (1) imprisoned for a crime; or
106	106	17 (2) confined awaiting trial or sentencing; or
107	107	18 (3) on pretrial home detention.
108	108	19 (d) A person assigned to Class C earns one (1) day of good time
109	109	20 credit for every six (6) calendar days or partial calendar days the person
110	110	21 is:
111	111	22 (1) imprisoned for a crime; or
112	112	23 (2) confined awaiting trial or sentencing; or
113	113	24 (3) on pretrial home detention.
114	114	25 (e) A person assigned to Class D earns no good time credit.
115	115	26 (f) A person assigned to Class P earns one (1) day of good time
116	116	27 credit for every four (4) calendar days or partial calendar days the
117	117	28 person serves on pretrial home detention awaiting trial. A person
118	118	29 assigned to Class P does not earn accrued time for time served on
119	119	30 pretrial home detention awaiting trial.
120	120	31 SECTION 4. IC 35-50-6-4, AS AMENDED BY P.L.44-2016,
121	121	32 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
122	122	33 JULY 1, 2023]: Sec. 4. (a) A person:
123	123	34 (1) who is not a credit restricted felon; and
124	124	35 (2) who is imprisoned for a Level 6 felony or a misdemeanor or
125	125	36 imprisoned awaiting trial or sentencing for a Level 6 felony or
126	126	37 misdemeanor;
127	127	38 is initially assigned to Class A.
128	128	39 (b) A person:
129	129	40 (1) who is not a credit restricted felon; and
130	130	41 (2) who is imprisoned for a crime other than a Level 6 felony or
131	131	42 misdemeanor or imprisoned awaiting trial or sentencing for a
132	132	2023 IN 365—LS 6496/DI 149 4
133	133	1 crime other than a Level 6 felony or misdemeanor;
134	134	2 is initially assigned to Class B.
135	135	3 (c) A person who is a credit restricted felon and who is imprisoned
136	136	4 for a crime or imprisoned awaiting trial or sentencing is initially
137	137	5 assigned to Class C. A credit restricted felon may not be assigned to
138	138	6 Class A or Class B.
139	139	7 (d) A person who is not a credit restricted felon may be reassigned
140	140	8 to Class C or Class D if the person violates any of the following:
141	141	9 (1) A rule of the department of correction.
142	142	10 (2) A rule of the penal facility in which the person is imprisoned.
143	143	11 (3) A rule or condition of a community transition program.
144	144	12 However, a violation of a condition of parole or probation may not be
145	145	13 the basis for reassignment. Before a person may be reassigned to a
146	146	14 lower credit time class, the person must be granted a hearing to
147	147	15 determine the person's guilt or innocence and, if found guilty, whether
148	148	16 reassignment is an appropriate disciplinary action for the violation. The
149	149	17 person may waive the right to the hearing.
150	150	18 (e) A person who is a credit restricted felon may be reassigned to
151	151	19 Class D and a person who is assigned to Class IV may be assigned to
152	152	20 Class III if the person violates any of the following:
153	153	21 (1) A rule of the department of correction.
154	154	22 (2) A rule of the penal facility in which the person is imprisoned.
155	155	23 (3) A rule or condition of a community transition program.
156	156	24 However, a violation of a condition of parole or probation may not be
157	157	25 the basis for reassignment. Before a person may be reassigned to Class
158	158	26 III or Class D, the person must be granted a hearing to determine the
159	159	27 person's guilt or innocence and, if found guilty, whether reassignment
160	160	28 is an appropriate disciplinary action for the violation. The person may
161	161	29 waive the right to the hearing.
162	162	30 (f) In connection with the hearing granted under subsection (d) or
163	163	31 (e), the person is entitled to:
164	164	32 (1) have not less than twenty-four (24) hours advance written
165	165	33 notice of the date, time, and place of the hearing, and of the
166	166	34 alleged misconduct and the rule the alleged misconduct is alleged
167	167	35 to have violated;
168	168	36 (2) have reasonable time to prepare for the hearing;
169	169	37 (3) have an impartial decisionmaker;
170	170	38 (4) appear and speak in the person's own behalf;
171	171	39 (5) call witnesses and present evidence;
172	172	40 (6) confront and cross-examine each witness, unless the hearing
173	173	41 authority finds that to do so would subject a witness to a
174	174	42 substantial risk of harm;
175	175	2023 IN 365—LS 6496/DI 149 5
176	176	1 (7) have the assistance of a lay advocate (the department may
177	177	2 require that the advocate be an employee of, or a fellow prisoner
178	178	3 in, the same facility or program);
179	179	4 (8) have a written statement of the findings of fact, the evidence
180	180	5 relied upon, and the reasons for the action taken;
181	181	6 (9) have immunity if the person's testimony or any evidence
182	182	7 derived from the person's testimony is used in any criminal
183	183	8 proceedings; and
184	184	9 (10) have the person's record expunged of any reference to the
185	185	10 charge if the person is found not guilty or if a finding of guilt is
186	186	11 later overturned.
187	187	12 Any finding of guilt must be supported by a preponderance of the
188	188	13 evidence presented at the hearing.
189	189	14 (g) Except for a credit restricted felon, a person may be reassigned
190	190	15 from:
191	191	16 (1) Class III to Class I, Class II or Class IV;
192	192	17 (2) Class II to Class I;
193	193	18 (3) Class D to Class A, Class B, or Class C;
194	194	19 (4) Class C to Class A or Class B.
195	195	20 A person's assignment to Class III, Class II, Class C, or Class D shall
196	196	21 be reviewed at least once every six (6) months to determine if the
197	197	22 person should be reassigned to a higher credit time class. A credit
198	198	23 restricted felon may not be reassigned to Class I or Class II or to Class
199	199	24 A, Class B, or Class C.
200	200	25 (h) This subsection applies only to a person imprisoned awaiting
201	201	26 trial. A person imprisoned awaiting trial is initially assigned to a credit
202	202	27 class based on the most serious offense with which the person is
203	203	28 charged. If all the offenses of which a person is convicted have a higher
204	204	29 credit time class than the most serious offense with which the person
205	205	30 is charged, the person earns credit time for the time imprisoned
206	206	31 awaiting trial at the credit time class of the most serious offense of
207	207	32 which the person was convicted. However, this section does not apply
208	208	33 to any period during which the person is reassigned to a lower credit
209	209	34 time class for a disciplinary violation.
210	210	35 (i) This subsection applies only to a person placed on pretrial home
211	211	36 detention awaiting trial. This subsection does not apply to any other
212	212	37 person placed on home detention. A person placed on pretrial home
213	213	38 detention awaiting trial is assigned to Class P. A person assigned to
214	214	39 Class P may not be reassigned to another credit time class while the
215	215	40 person is on pretrial home detention awaiting trial.
216	216	2023 IN 365—LS 6496/DI 149