Introduced Version
HOUSE BILL No. 1076
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 2-5.
Synopsis: Criminal justice study committee and reform. Establishes
the criminal justice study committee to conduct a comprehensive study
of the criminal justice system in the 2024 and 2025 interims.
Establishes a permanent criminal justice reform committee to study
sentencing, corrections, services provided to offenders, and other topics
affecting the criminal justice system.
Effective: Upon passage.
Bartlett
January 8, 2024, read first time and referred to Committee on Courts and Criminal Code.
2024 IN 1076—LS 6463/DI 107 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1076
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 2-5-54 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
3 PASSAGE]:
4 Chapter 54. Criminal Justice Study Committee
5 Sec. 1. As used in this chapter, "committee" means the criminal
6 justice study committee established by section 2 of this chapter.
7 Sec. 2. The criminal justice study committee is established.
8 Sec. 3. (a) The committee consists of the following members:
9 (1) The members of the house of representatives standing
10 committee on courts and criminal code.
11 (2) The members of the senate standing committee on
12 corrections and criminal law.
13 (3) Lay members appointed by the members of the personnel
14 subcommittee of the legislative council as follows:
15 (A) One (1) member appointed by the speaker of the house
16 of representatives with expertise in criminal law and
17 procedure.
2024 IN 1076—LS 6463/DI 107 2
1 (B) One (1) member appointed by the minority leader of
2 the house of representatives with expertise in providing
3 mental health services to incarcerated individuals.
4 (C) One (1) member appointed by the president pro
5 tempore of the senate with expertise in providing education
6 services to incarcerated individuals.
7 (D) One (1) member appointed by the minority leader of
8 the senate with expertise in providing vocational skills
9 training to incarcerated individuals.
10 (b) A vacancy on the committee must be filled by the original
11 appointing authority.
12 Sec. 4. The chairperson of the legislative council shall appoint a
13 member of the committee described in section 3(a)(1) or 3(a)(2) of
14 this chapter to serve as chairperson of the committee.
15 Sec. 5. The committee is:
16 (1) under the jurisdiction of the legislative council; and
17 (2) subject to the resolutions adopted by the legislative council
18 to govern interim study committees.
19 Sec. 6. Unless specifically authorized by the legislative council
20 in a resolution described in section 5 of this chapter, the
21 chairperson of the committee may not create subcommittees.
22 Sec. 7. The committee shall do the following:
23 (1) Conduct a multi-year, comprehensive study of the criminal
24 justice system.
25 (2) Study all aspects of the criminal justice system from an
26 individual's first encounter with law enforcement in a
27 particular case through the disposition of the case, including
28 periods of incarceration in a county jail or a facility operated
29 by the department of correction.
30 (3) Evaluate the state's compliance with Article 1, Section 18
31 of the Constitution of the State of Indiana, which provides
32 that "The penal code shall be founded on the principles of
33 reformation, and not of vindictive justice.".
34 (4) Study ways to enhance rehabilitative services provided by
35 the criminal justice system, including opportunities for the
36 early release of an individual who demonstrates that the
37 individual has been rehabilitated, is unlikely to commit
38 another offense, and has acquired the education or skills, or
39 both, necessary to find employment if released from
40 incarceration before the end of the individual's sentence.
41 (5) Study issues concerning individuals who are mentally ill at
42 the time of their incarceration and ways to reduce the number
2024 IN 1076—LS 6463/DI 107 3
1 of individuals incarcerated through the prevention, detection,
2 and treatment of mental illness.
3 (6) Study the impact of substance use disorders on the
4 criminal justice system.
5 (7) Study the impact of the mental health of the homeless on
6 the criminal justice system.
7 Sec. 8. The legislative services agency shall provide staff support
8 to the committee.
9 Sec. 9. This chapter expires January 1, 2026.
10 SECTION 2. IC 2-5-55 IS ADDED TO THE INDIANA CODE AS
11 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
12 PASSAGE]:
13 Chapter 55. Criminal Justice Reform Committee
14 Sec. 1. As used in this chapter, "committee" means the criminal
15 justice reform committee established by section 2 of this chapter.
16 Sec. 2. The criminal justice reform committee is established.
17 Sec. 3. (a) The committee consists of the following members:
18 (1) Two (2) members appointed by the president pro tempore
19 of the senate who are not affiliated with the same political
20 party.
21 (2) Two (2) members appointed by the speaker of the house of
22 representatives who are not affiliated with the same political
23 party.
24 (3) Two (2) members appointed by the commissioner of the
25 department of correction who are of different genders.
26 (4) One (1) member appointed by the chairperson of the
27 Indiana black legislative caucus or a person of comparable
28 executive authority in the event of a successor entity or
29 caucus.
30 (5) One (1) member appointed by the president of the Indiana
31 state conference of the National Association for the
32 Advancement of Colored People (NAACP) or a person of
33 comparable executive authority in the event of a successor
34 entity.
35 (b) If a legislative member of the committee ceases to be a
36 member of the chamber from which the member was appointed,
37 the person ceases to be a member of the committee.
38 (c) The term of a member is two (2) years.
39 (d) If:
40 (1) the term of a member expires;
41 (2) the member is not reappointed; and
42 (3) a successor is not appointed;
2024 IN 1076—LS 6463/DI 107 4
1 the term of the member continues until a successor is appointed.
2 Sec. 4. (a) The chairperson of the legislative council shall
3 appoint a chairperson from among the committee's legislative
4 members.
5 (b) The vice chairperson of the legislative council shall appoint
6 a vice chairperson from among the committee's legislative
7 members.
8 Sec. 5. (a) A vacancy on the committee shall be filled by the
9 original appointing authority.
10 (b) If the office of chairperson or vice chairperson of the
11 committee becomes vacant, the committee shall elect a member to
12 fill the vacancy from among the legislative members of the
13 committee.
14 Sec. 6. The affirmative votes of a majority of the voting
15 members appointed to the committee are required for the
16 committee to take action on any measure, including final reports.
17 Sec. 7. (a) The committee shall operate under the resolutions
18 governing interim study committees adopted by the legislative
19 council.
20 (b) The committee may, in accordance with the resolutions
21 governing interim study committees, create subcommittees
22 consisting of its members in order to conduct its business.
23 Sec. 8. (a) Each member of the committee who is not a state
24 employee is entitled to reimbursement for mileage, traveling
25 expenses as provided under IC 4-13-1-4, and other expenses
26 actually incurred in connection with the member's duties as
27 provided in the state policies and procedures established by the
28 department of administration and approved by the budget agency.
29 The committee shall pay expenses incurred under this subsection
30 from amounts appropriated for the operating expenses of the
31 committee.
32 (b) Each member of the committee who is a state employee but
33 who is not a member of the general assembly is entitled to
34 reimbursement for traveling expenses as provided under
35 IC 4-13-1-4 and other expenses actually incurred in connection
36 with the member's duties as provided in the state policies and
37 procedures established by the department of administration and
38 approved by the budget agency. The committee shall pay expenses
39 incurred under this subsection from amounts appropriated for the
40 operating expenses of the committee.
41 (c) Each member of the committee who is a member of the
42 general assembly is entitled to receive the same per diem, mileage,
2024 IN 1076—LS 6463/DI 107 5
1 and travel allowances paid to members of the general assembly
2 serving on interim study committees established by the legislative
3 council. The legislative services agency shall pay allowances
4 specified in this subsection from amounts appropriated for that
5 purpose.
6 Sec. 9. The committee shall do the following:
7 (1) Review criminal sentencing statutes and make
8 recommendations designed to ensure appropriate and
9 proportional criminal sentencing.
10 (2) Analyze diversion programs and make recommendations
11 concerning the funding, expansion, and standardization of
12 diversion programs.
13 (3) Review community supervision levels and programs
14 available for individuals serving sentences for felony
15 convictions.
16 (4) Study and make recommendations concerning the
17 creation, implementation, and funding of specialty courts.
18 (5) Survey and make recommendations concerning evidence
19 based programs for individuals who have committed criminal
20 offenses and are serving their sentences in correctional
21 facilities and in the community.
22 (6) Review department of correction policies for placement of
23 individuals who have committed criminal offenses and make
24 recommendations concerning the use and implementation of
25 specialty facilities for individuals who are incarcerated with
26 the department of correction and have geriatric, health care,
27 or addiction issues.
28 (7) Evaluate existing information management data systems
29 and recommend improvements to facilitate the efficient
30 monitoring of the criminal justice system.
31 (8) Study, review, analyze, and consider any other matter that
32 may improve the efficiency or efficacy of the criminal justice
33 system.
34 Sec. 10. The legislative services agency shall provide staff
35 support to the committee.
36 Sec. 11. Not later than November 1 of each year, the committee
37 shall:
38 (1) prepare a report containing the committee's findings and
39 recommendations; and
40 (2) submit the report to the legislative council in an electronic
41 format under IC 5-14-6.
42 SECTION 3. An emergency is declared for this act.
2024 IN 1076—LS 6463/DI 107