Indiana 2023 Regular Session

Indiana Senate Bill SB0487 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. 487
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 11-10.
7	7	Synopsis: Preventing pregnancy in prison. Provides that the
8	8	department of correction shall assign an offender, including a
9	9	delinquent offender, to a facility or program that is based on the
10	10	offender's biological sex at birth in accordance with the offender's
11	11	genetics and reproductive biology.
12	12	Effective: July 1, 2023.
13	13	Donato
14	14	January 19, 2023, read first time and referred to Committee on Health and Provider
15	15	Services.
16	16	2023 IN 487—LS 6565/DI 148 Introduced
17	17	First Regular Session of the 123rd General Assembly (2023)
18	18	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
19	19	Constitution) is being amended, the text of the existing provision will appear in this style type,
20	20	additions will appear in this style type, and deletions will appear in this style type.
21	21	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
22	22	provision adopted), the text of the new provision will appear in this style type. Also, the
23	23	word NEW will appear in that style type in the introductory clause of each SECTION that adds
24	24	a new provision to the Indiana Code or the Indiana Constitution.
25	25	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
26	26	between statutes enacted by the 2022 Regular Session of the General Assembly.
27	27	SENATE BILL No. 487
28	28	A BILL FOR AN ACT to amend the Indiana Code concerning
29	29	corrections.
30	30	Be it enacted by the General Assembly of the State of Indiana:
31	31	1 SECTION 1. IC 11-10-1-3 IS AMENDED TO READ AS
32	32	2 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) Upon completion
33	33	3 of the evaluation prescribed in section 2 of this chapter and before
34	34	4 assigning him an offender to a facility or program, the department
35	35	5 shall determine the appropriate degree of security (maximum, medium,
36	36	6 or minimum) for each offender as described in IC 35-38-3-6. In making
37	37	7 that determination the department shall, in addition to other relevant
38	38	8 information, consider:
39	39	9 (1) the results of the evaluation prescribed in section 2 of this
40	40	10 chapter;
41	41	11 (2) the recommendations of the sentencing court; and
42	42	12 (3) the degree and kind of custodial control necessary for the
43	43	13 protection of the public, staff, other confined persons, and the
44	44	14 individual being considered.
45	45	15 (b) After determining the offender's security classification, the
46	46	16 department shall assign him the offender to a facility or program;
47	47	17 make an initial employment, education, training, or other assignment
48	48	2023 IN 487—LS 6565/DI 148 2
49	49	1 within that facility or program; and order medical, psychiatric,
50	50	2 psychological, or other services. In making the assignment, the
51	51	3 department shall, in addition to other relevant information, consider:
52	52	4 (1) the results of the evaluation prescribed in section 2 of this
53	53	5 chapter;
54	54	6 (2) the offender's security classification;
55	55	7 (3) the offender's need for special therapy or programs, including
56	56	8 employment, education, or training available only in specific
57	57	9 facilities or programs;
58	58	10 (4) the likelihood of the offender's reintegration into the
59	59	11 community in which the facility or program is located;
60	60	12 (5) the desirability of keeping the offender in a facility or program
61	61	13 near the area in which he the offender resided before
62	62	14 commitment;
63	63	15 (6) the desires of the offender;
64	64	16 (7) the current population levels of the facilities or programs
65	65	17 considered appropriate for the offender; and
66	66	18 (8) the length of the offender's sentence.
67	67	19 (c) If the department determines that a committed offender is
68	68	20 mentally or physically incapacitated to such an extent that proper
69	69	21 custody, care, and control cannot be provided by the department, it
70	70	22 shall make arrangements for placement outside the department.
71	71	23 (d) Before assigning an offender to a facility or program, the
72	72	24 department shall give him the offender an opportunity to present
73	73	25 pertinent information; discuss with him the offender all aspects of the
74	74	26 evaluation, classification, and assignment process; and work with him
75	75	27 the offender to determine a fair and appropriate assignment.
76	76	28 (e) The department shall assign an offender to a facility or
77	77	29 program that is based on the offender's biological sex at birth in
78	78	30 accordance with the offender's genetics and reproductive biology.
79	79	31 (e) (f) If an offender is sentenced to a term of imprisonment of one
80	80	32 (1) year or less, the department may make an assignment under this
81	81	33 section without making the evaluation prescribed in section 2 of this
82	82	34 chapter. In determining the length of an offender's term, consecutive
83	83	35 terms of imprisonment shall be added together.
84	84	36 (f) (g) This section does not prohibit the temporary assignment of
85	85	37 an offender pending evaluation and classification.
86	86	38 SECTION 2. IC 11-10-2-5 IS AMENDED TO READ AS
87	87	39 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. (a) Upon completion
88	88	40 of the evaluation prescribed in section 4 of this chapter, the department
89	89	41 shall assign the offender to a facility or program; make an initial
90	90	42 education, training, employment, or other assignment within that
91	91	2023 IN 487—LS 6565/DI 148 3
92	92	1 facility or program; and order medical, psychiatric, psychological, or
93	93	2 other services it considers appropriate. In making the assignment, the
94	94	3 department shall, among other relevant information, consider:
95	95	4 (1) the results of the evaluation prescribed in section 4 of this
96	96	5 chapter;
97	97	6 (2) the recommendations of the committing court;
98	98	7 (3) the offender's need for special therapy or programs, including
99	99	8 education, training, or employment available only in specific
100	100	9 facilities or programs;
101	101	10 (4) the degree and type of custodial control necessary for the
102	102	11 protection of the public, staff, other committed offenders, and the
103	103	12 individual being considered;
104	104	13 (5) the likelihood of the offender's reintegration into the
105	105	14 community in which the facility or program is located;
106	106	15 (6) the desirability of keeping the offender in a facility or program
107	107	16 near the area in which he the offender resided before
108	108	17 commitment;
109	109	18 (7) the desires of the offender and his the offender's parents,
110	110	19 guardian, or custodian;
111	111	20 (8) the current population levels of the facilities or programs
112	112	21 considered appropriate for the offender; and
113	113	22 (9) the probable length of commitment.
114	114	23 (b) If the department determines that a committed offender is
115	115	24 mentally or physically incapacitated to such an extent that proper
116	116	25 custody, care, and control cannot be provided by the department, it
117	117	26 shall make arrangements for placement outside the department.
118	118	27 (c) If an offender is found to be pregnant, the department may return
119	119	28 her to the committing court for further disposition.
120	120	29 (d) Before assigning an offender to a facility or program, the
121	121	30 department shall give him the offender an opportunity to present
122	122	31 pertinent information, discuss with him the offender all aspects of the
123	123	32 evaluation and assignment process, and work with him the offender to
124	124	33 determine a fair and appropriate assignment.
125	125	34 (e) The department shall assign an offender to a facility or
126	126	35 program that is based on the offender's biological sex at birth in
127	127	36 accordance with the offender's genetics and reproductive biology.
128	128	37 (e) (f) The department shall, by certified mail, return receipt
129	129	38 requested, notify the parent, guardian, custodian, or nearest relative of
130	130	39 any committed offender of his the offender's physical location and any
131	131	40 change in that location.
132	132	41 (f) (g) This section does not preclude the temporary assignment of
133	133	42 an offender pending evaluation.
134	134	2023 IN 487—LS 6565/DI 148