Indiana 2024 Regular Session

Indiana House Bill HB1076 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1076
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 2-5.
7	7	Synopsis: Criminal justice study committee and reform. Establishes
8	8	the criminal justice study committee to conduct a comprehensive study
9	9	of the criminal justice system in the 2024 and 2025 interims.
10	10	Establishes a permanent criminal justice reform committee to study
11	11	sentencing, corrections, services provided to offenders, and other topics
12	12	affecting the criminal justice system.
13	13	Effective: Upon passage.
14	14	Bartlett
15	15	January 8, 2024, read first time and referred to Committee on Courts and Criminal Code.
16	16	2024 IN 1076—LS 6463/DI 107 Introduced
17	17	Second Regular Session of the 123rd General Assembly (2024)
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 2023 Regular Session of the General Assembly.
27	27	HOUSE BILL No. 1076
28	28	A BILL FOR AN ACT to amend the Indiana Code concerning
29	29	criminal law and procedure.
30	30	Be it enacted by the General Assembly of the State of Indiana:
31	31	1 SECTION 1. IC 2-5-54 IS ADDED TO THE INDIANA CODE AS
32	32	2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
33	33	3 PASSAGE]:
34	34	4 Chapter 54. Criminal Justice Study Committee
35	35	5 Sec. 1. As used in this chapter, "committee" means the criminal
36	36	6 justice study committee established by section 2 of this chapter.
37	37	7 Sec. 2. The criminal justice study committee is established.
38	38	8 Sec. 3. (a) The committee consists of the following members:
39	39	9 (1) The members of the house of representatives standing
40	40	10 committee on courts and criminal code.
41	41	11 (2) The members of the senate standing committee on
42	42	12 corrections and criminal law.
43	43	13 (3) Lay members appointed by the members of the personnel
44	44	14 subcommittee of the legislative council as follows:
45	45	15 (A) One (1) member appointed by the speaker of the house
46	46	16 of representatives with expertise in criminal law and
47	47	17 procedure.
48	48	2024 IN 1076—LS 6463/DI 107 2
49	49	1 (B) One (1) member appointed by the minority leader of
50	50	2 the house of representatives with expertise in providing
51	51	3 mental health services to incarcerated individuals.
52	52	4 (C) One (1) member appointed by the president pro
53	53	5 tempore of the senate with expertise in providing education
54	54	6 services to incarcerated individuals.
55	55	7 (D) One (1) member appointed by the minority leader of
56	56	8 the senate with expertise in providing vocational skills
57	57	9 training to incarcerated individuals.
58	58	10 (b) A vacancy on the committee must be filled by the original
59	59	11 appointing authority.
60	60	12 Sec. 4. The chairperson of the legislative council shall appoint a
61	61	13 member of the committee described in section 3(a)(1) or 3(a)(2) of
62	62	14 this chapter to serve as chairperson of the committee.
63	63	15 Sec. 5. The committee is:
64	64	16 (1) under the jurisdiction of the legislative council; and
65	65	17 (2) subject to the resolutions adopted by the legislative council
66	66	18 to govern interim study committees.
67	67	19 Sec. 6. Unless specifically authorized by the legislative council
68	68	20 in a resolution described in section 5 of this chapter, the
69	69	21 chairperson of the committee may not create subcommittees.
70	70	22 Sec. 7. The committee shall do the following:
71	71	23 (1) Conduct a multi-year, comprehensive study of the criminal
72	72	24 justice system.
73	73	25 (2) Study all aspects of the criminal justice system from an
74	74	26 individual's first encounter with law enforcement in a
75	75	27 particular case through the disposition of the case, including
76	76	28 periods of incarceration in a county jail or a facility operated
77	77	29 by the department of correction.
78	78	30 (3) Evaluate the state's compliance with Article 1, Section 18
79	79	31 of the Constitution of the State of Indiana, which provides
80	80	32 that "The penal code shall be founded on the principles of
81	81	33 reformation, and not of vindictive justice.".
82	82	34 (4) Study ways to enhance rehabilitative services provided by
83	83	35 the criminal justice system, including opportunities for the
84	84	36 early release of an individual who demonstrates that the
85	85	37 individual has been rehabilitated, is unlikely to commit
86	86	38 another offense, and has acquired the education or skills, or
87	87	39 both, necessary to find employment if released from
88	88	40 incarceration before the end of the individual's sentence.
89	89	41 (5) Study issues concerning individuals who are mentally ill at
90	90	42 the time of their incarceration and ways to reduce the number
91	91	2024 IN 1076—LS 6463/DI 107 3
92	92	1 of individuals incarcerated through the prevention, detection,
93	93	2 and treatment of mental illness.
94	94	3 (6) Study the impact of substance use disorders on the
95	95	4 criminal justice system.
96	96	5 (7) Study the impact of the mental health of the homeless on
97	97	6 the criminal justice system.
98	98	7 Sec. 8. The legislative services agency shall provide staff support
99	99	8 to the committee.
100	100	9 Sec. 9. This chapter expires January 1, 2026.
101	101	10 SECTION 2. IC 2-5-55 IS ADDED TO THE INDIANA CODE AS
102	102	11 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
103	103	12 PASSAGE]:
104	104	13 Chapter 55. Criminal Justice Reform Committee
105	105	14 Sec. 1. As used in this chapter, "committee" means the criminal
106	106	15 justice reform committee established by section 2 of this chapter.
107	107	16 Sec. 2. The criminal justice reform committee is established.
108	108	17 Sec. 3. (a) The committee consists of the following members:
109	109	18 (1) Two (2) members appointed by the president pro tempore
110	110	19 of the senate who are not affiliated with the same political
111	111	20 party.
112	112	21 (2) Two (2) members appointed by the speaker of the house of
113	113	22 representatives who are not affiliated with the same political
114	114	23 party.
115	115	24 (3) Two (2) members appointed by the commissioner of the
116	116	25 department of correction who are of different genders.
117	117	26 (4) One (1) member appointed by the chairperson of the
118	118	27 Indiana black legislative caucus or a person of comparable
119	119	28 executive authority in the event of a successor entity or
120	120	29 caucus.
121	121	30 (5) One (1) member appointed by the president of the Indiana
122	122	31 state conference of the National Association for the
123	123	32 Advancement of Colored People (NAACP) or a person of
124	124	33 comparable executive authority in the event of a successor
125	125	34 entity.
126	126	35 (b) If a legislative member of the committee ceases to be a
127	127	36 member of the chamber from which the member was appointed,
128	128	37 the person ceases to be a member of the committee.
129	129	38 (c) The term of a member is two (2) years.
130	130	39 (d) If:
131	131	40 (1) the term of a member expires;
132	132	41 (2) the member is not reappointed; and
133	133	42 (3) a successor is not appointed;
134	134	2024 IN 1076—LS 6463/DI 107 4
135	135	1 the term of the member continues until a successor is appointed.
136	136	2 Sec. 4. (a) The chairperson of the legislative council shall
137	137	3 appoint a chairperson from among the committee's legislative
138	138	4 members.
139	139	5 (b) The vice chairperson of the legislative council shall appoint
140	140	6 a vice chairperson from among the committee's legislative
141	141	7 members.
142	142	8 Sec. 5. (a) A vacancy on the committee shall be filled by the
143	143	9 original appointing authority.
144	144	10 (b) If the office of chairperson or vice chairperson of the
145	145	11 committee becomes vacant, the committee shall elect a member to
146	146	12 fill the vacancy from among the legislative members of the
147	147	13 committee.
148	148	14 Sec. 6. The affirmative votes of a majority of the voting
149	149	15 members appointed to the committee are required for the
150	150	16 committee to take action on any measure, including final reports.
151	151	17 Sec. 7. (a) The committee shall operate under the resolutions
152	152	18 governing interim study committees adopted by the legislative
153	153	19 council.
154	154	20 (b) The committee may, in accordance with the resolutions
155	155	21 governing interim study committees, create subcommittees
156	156	22 consisting of its members in order to conduct its business.
157	157	23 Sec. 8. (a) Each member of the committee who is not a state
158	158	24 employee is entitled to reimbursement for mileage, traveling
159	159	25 expenses as provided under IC 4-13-1-4, and other expenses
160	160	26 actually incurred in connection with the member's duties as
161	161	27 provided in the state policies and procedures established by the
162	162	28 department of administration and approved by the budget agency.
163	163	29 The committee shall pay expenses incurred under this subsection
164	164	30 from amounts appropriated for the operating expenses of the
165	165	31 committee.
166	166	32 (b) Each member of the committee who is a state employee but
167	167	33 who is not a member of the general assembly is entitled to
168	168	34 reimbursement for traveling expenses as provided under
169	169	35 IC 4-13-1-4 and other expenses actually incurred in connection
170	170	36 with the member's duties as provided in the state policies and
171	171	37 procedures established by the department of administration and
172	172	38 approved by the budget agency. The committee shall pay expenses
173	173	39 incurred under this subsection from amounts appropriated for the
174	174	40 operating expenses of the committee.
175	175	41 (c) Each member of the committee who is a member of the
176	176	42 general assembly is entitled to receive the same per diem, mileage,
177	177	2024 IN 1076—LS 6463/DI 107 5
178	178	1 and travel allowances paid to members of the general assembly
179	179	2 serving on interim study committees established by the legislative
180	180	3 council. The legislative services agency shall pay allowances
181	181	4 specified in this subsection from amounts appropriated for that
182	182	5 purpose.
183	183	6 Sec. 9. The committee shall do the following:
184	184	7 (1) Review criminal sentencing statutes and make
185	185	8 recommendations designed to ensure appropriate and
186	186	9 proportional criminal sentencing.
187	187	10 (2) Analyze diversion programs and make recommendations
188	188	11 concerning the funding, expansion, and standardization of
189	189	12 diversion programs.
190	190	13 (3) Review community supervision levels and programs
191	191	14 available for individuals serving sentences for felony
192	192	15 convictions.
193	193	16 (4) Study and make recommendations concerning the
194	194	17 creation, implementation, and funding of specialty courts.
195	195	18 (5) Survey and make recommendations concerning evidence
196	196	19 based programs for individuals who have committed criminal
197	197	20 offenses and are serving their sentences in correctional
198	198	21 facilities and in the community.
199	199	22 (6) Review department of correction policies for placement of
200	200	23 individuals who have committed criminal offenses and make
201	201	24 recommendations concerning the use and implementation of
202	202	25 specialty facilities for individuals who are incarcerated with
203	203	26 the department of correction and have geriatric, health care,
204	204	27 or addiction issues.
205	205	28 (7) Evaluate existing information management data systems
206	206	29 and recommend improvements to facilitate the efficient
207	207	30 monitoring of the criminal justice system.
208	208	31 (8) Study, review, analyze, and consider any other matter that
209	209	32 may improve the efficiency or efficacy of the criminal justice
210	210	33 system.
211	211	34 Sec. 10. The legislative services agency shall provide staff
212	212	35 support to the committee.
213	213	36 Sec. 11. Not later than November 1 of each year, the committee
214	214	37 shall:
215	215	38 (1) prepare a report containing the committee's findings and
216	216	39 recommendations; and
217	217	40 (2) submit the report to the legislative council in an electronic
218	218	41 format under IC 5-14-6.
219	219	42 SECTION 3. An emergency is declared for this act.
220	220	2024 IN 1076—LS 6463/DI 107