Introduced Version
SENATE BILL No. 365
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-38-3-2; IC 35-50-6.
Synopsis: Credit time for pretrial home detention. Provides that good
time credit earned for pretrial home detention is the same as good time
credit earned for pretrial incarceration. Makes conforming changes.
Effective: July 1, 2023.
Pol Jr.
January 12, 2023, read first time and referred to Committee on Corrections and Criminal
Law.
2023 IN 365—LS 6496/DI 149 Introduced
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
SENATE BILL No. 365
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 35-38-3-2, AS AMENDED BY P.L.74-2015,
2 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]: Sec. 2. (a) When a convicted person is sentenced to
4 imprisonment, the court shall, without delay, certify, under the seal of
5 the court or through any electronic means approved by the department
6 of correction, copies of the judgment of conviction and sentence to the
7 receiving authority.
8 (b) The judgment must include:
9 (1) the crime for which the convicted person is adjudged guilty
10 and the classification of the criminal offense;
11 (2) the period, if any, for which the person is rendered incapable
12 of holding any office of trust or profit;
13 (3) the amount of the fines or costs (including fees) assessed, if
14 any, whether or not the convicted person is indigent, and the
15 method by which the fines or costs (including fees) are to be
16 satisfied;
17 (4) the amount of credit time earned for time spent in confinement
2023 IN 365—LS 6496/DI 149 2
1 before sentencing, including time on pretrial home detention;
2 and
3 (5) the amount to be credited toward payment of the fines or costs
4 (including fees) for time spent in confinement before sentencing.
5 (c) The judgment may specify the degree of security recommended
6 by the court.
7 (d) A term of imprisonment begins on the date sentence is imposed,
8 unless execution of the sentence is stayed according to law.
9 SECTION 2. IC 35-50-6-0.5, AS AMENDED BY P.L.45-2022,
10 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2023]: Sec. 0.5. The following definitions apply throughout
12 this chapter:
13 (1) "Accrued time" means the amount of time that a person is
14 imprisoned, or confined, on home detention as a condition of
15 probation, or on home detention in a community corrections
16 program. In determining the number of days a person has been
17 imprisoned, or confined, on home detention as a condition of
18 probation, or on home detention in a community corrections
19 program a partial calendar day is considered to be one (1)
20 calendar day.
21 (2) "Calendar day" means the period of elapsed time that begins
22 at midnight and ends twenty-four (24) hours later at the next
23 midnight.
24 (3) "Credit time" means the sum of a person's accrued time, good
25 time credit, and educational credit.
26 (4) "Educational credit" means a reduction in a person's term of
27 imprisonment or confinement awarded for participation in an
28 educational, vocational, rehabilitative, or other program. The term
29 includes an individualized case management plan.
30 (5) "Good time credit" means a reduction in a person's term of
31 imprisonment or confinement awarded for the person's good
32 behavior while imprisoned, or confined, or on home detention.
33 (6) "Individualized case management plan" means educational
34 credit which consists of a plan designed to address an
35 incarcerated person's risk of recidivism, and may include:
36 (A) addiction recovery treatment;
37 (B) mental health treatment;
38 (C) vocational education programming;
39 (D) adult basic education, a high school or high school
40 equivalency diploma, a college diploma, and any other
41 academic educational goal; or
42 (E) any other programming or activity that encourages
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1 productive pursuits while a person is incarcerated and that
2 may reduce the person's likelihood to recidivate after the
3 person's release from incarceration.
4 SECTION 3. IC 35-50-6-3.1, AS AMENDED BY P.L.45-2022,
5 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2023]: Sec. 3.1. (a) This section applies to a person who
7 commits an offense after June 30, 2014.
8 (b) A person assigned to Class A earns one (1) day of good time
9 credit for each calendar day or partial calendar day the person is:
10 (1) imprisoned for a crime; or
11 (2) confined awaiting trial or sentencing; or
12 (3) on pretrial home detention.
13 (c) A person assigned to Class B earns one (1) day of good time
14 credit for every three (3) calendar days or partial calendar days the
15 person is:
16 (1) imprisoned for a crime; or
17 (2) confined awaiting trial or sentencing; or
18 (3) on pretrial home detention.
19 (d) A person assigned to Class C earns one (1) day of good time
20 credit for every six (6) calendar days or partial calendar days the person
21 is:
22 (1) imprisoned for a crime; or
23 (2) confined awaiting trial or sentencing; or
24 (3) on pretrial home detention.
25 (e) A person assigned to Class D earns no good time credit.
26 (f) A person assigned to Class P earns one (1) day of good time
27 credit for every four (4) calendar days or partial calendar days the
28 person serves on pretrial home detention awaiting trial. A person
29 assigned to Class P does not earn accrued time for time served on
30 pretrial home detention awaiting trial.
31 SECTION 4. IC 35-50-6-4, AS AMENDED BY P.L.44-2016,
32 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2023]: Sec. 4. (a) A person:
34 (1) who is not a credit restricted felon; and
35 (2) who is imprisoned for a Level 6 felony or a misdemeanor or
36 imprisoned awaiting trial or sentencing for a Level 6 felony or
37 misdemeanor;
38 is initially assigned to Class A.
39 (b) A person:
40 (1) who is not a credit restricted felon; and
41 (2) who is imprisoned for a crime other than a Level 6 felony or
42 misdemeanor or imprisoned awaiting trial or sentencing for a
2023 IN 365—LS 6496/DI 149 4
1 crime other than a Level 6 felony or misdemeanor;
2 is initially assigned to Class B.
3 (c) A person who is a credit restricted felon and who is imprisoned
4 for a crime or imprisoned awaiting trial or sentencing is initially
5 assigned to Class C. A credit restricted felon may not be assigned to
6 Class A or Class B.
7 (d) A person who is not a credit restricted felon may be reassigned
8 to Class C or Class D if the person violates any of the following:
9 (1) A rule of the department of correction.
10 (2) A rule of the penal facility in which the person is imprisoned.
11 (3) A rule or condition of a community transition program.
12 However, a violation of a condition of parole or probation may not be
13 the basis for reassignment. Before a person may be reassigned to a
14 lower credit time class, the person must be granted a hearing to
15 determine the person's guilt or innocence and, if found guilty, whether
16 reassignment is an appropriate disciplinary action for the violation. The
17 person may waive the right to the hearing.
18 (e) A person who is a credit restricted felon may be reassigned to
19 Class D and a person who is assigned to Class IV may be assigned to
20 Class III if the person violates any of the following:
21 (1) A rule of the department of correction.
22 (2) A rule of the penal facility in which the person is imprisoned.
23 (3) A rule or condition of a community transition program.
24 However, a violation of a condition of parole or probation may not be
25 the basis for reassignment. Before a person may be reassigned to Class
26 III or Class D, the person must be granted a hearing to determine the
27 person's guilt or innocence and, if found guilty, whether reassignment
28 is an appropriate disciplinary action for the violation. The person may
29 waive the right to the hearing.
30 (f) In connection with the hearing granted under subsection (d) or
31 (e), the person is entitled to:
32 (1) have not less than twenty-four (24) hours advance written
33 notice of the date, time, and place of the hearing, and of the
34 alleged misconduct and the rule the alleged misconduct is alleged
35 to have violated;
36 (2) have reasonable time to prepare for the hearing;
37 (3) have an impartial decisionmaker;
38 (4) appear and speak in the person's own behalf;
39 (5) call witnesses and present evidence;
40 (6) confront and cross-examine each witness, unless the hearing
41 authority finds that to do so would subject a witness to a
42 substantial risk of harm;
2023 IN 365—LS 6496/DI 149 5
1 (7) have the assistance of a lay advocate (the department may
2 require that the advocate be an employee of, or a fellow prisoner
3 in, the same facility or program);
4 (8) have a written statement of the findings of fact, the evidence
5 relied upon, and the reasons for the action taken;
6 (9) have immunity if the person's testimony or any evidence
7 derived from the person's testimony is used in any criminal
8 proceedings; and
9 (10) have the person's record expunged of any reference to the
10 charge if the person is found not guilty or if a finding of guilt is
11 later overturned.
12 Any finding of guilt must be supported by a preponderance of the
13 evidence presented at the hearing.
14 (g) Except for a credit restricted felon, a person may be reassigned
15 from:
16 (1) Class III to Class I, Class II or Class IV;
17 (2) Class II to Class I;
18 (3) Class D to Class A, Class B, or Class C;
19 (4) Class C to Class A or Class B.
20 A person's assignment to Class III, Class II, Class C, or Class D shall
21 be reviewed at least once every six (6) months to determine if the
22 person should be reassigned to a higher credit time class. A credit
23 restricted felon may not be reassigned to Class I or Class II or to Class
24 A, Class B, or Class C.
25 (h) This subsection applies only to a person imprisoned awaiting
26 trial. A person imprisoned awaiting trial is initially assigned to a credit
27 class based on the most serious offense with which the person is
28 charged. If all the offenses of which a person is convicted have a higher
29 credit time class than the most serious offense with which the person
30 is charged, the person earns credit time for the time imprisoned
31 awaiting trial at the credit time class of the most serious offense of
32 which the person was convicted. However, this section does not apply
33 to any period during which the person is reassigned to a lower credit
34 time class for a disciplinary violation.
35 (i) This subsection applies only to a person placed on pretrial home
36 detention awaiting trial. This subsection does not apply to any other
37 person placed on home detention. A person placed on pretrial home
38 detention awaiting trial is assigned to Class P. A person assigned to
39 Class P may not be reassigned to another credit time class while the
40 person is on pretrial home detention awaiting trial.
2023 IN 365—LS 6496/DI 149