LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 7014 NOTE PREPARED: Jan 5, 2024
BILL NUMBER: HB 1354 BILL AMENDED:
SUBJECT: Release from Department of Correction and Parole.
FIRST AUTHOR: Rep. Morris BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
DEDICATED
FEDERAL
Summary of Legislation: This bill establishes an additional sentencing modification procedure for certain
individuals and requires that the Department of Correction annually review inmate records and transmit
certain information to specified persons.
Effective Date: July 1, 2024.
Explanation of State Expenditures: This bill could result in minor savings to the Department of Correction.
This bill establishes two methods for incarcerated individuals to be released earlier than their current earliest
release date from Department of Correction facilities:
• through rehabilitation based discharge which would be ordered by the Parole Board or
• through sentence modification, which would be ordered by the sentencing court.
Any expenditure savings would depend on the whether the incarcerated individual files for a sentence
modification and the decisions made by either the Indiana Parole Board or the courts that sentenced the
person. DOC estimates that 32 incarcerated individuals could qualify for a sentencing modification procedure
as of December 2023.
The DOC would be required to annually review its confined population to determine the offenders who
would qualify under one of the conditions shown in the table included in Additional Information. DOC would
contact the eligible offender and the offender’s emergency contact, next of kin, the public defender or
privately retained counsel, and the prosecuting attorney of the county of conviction.
HB 1354 1 DOC would also compile an offender progress report that summarizes all activities that would be considered
to be rehabilitative. This information would be forwarded to whichever community supervision agency who
would be assigned to supervise the offender.
The Criminal Justice Institute would include the summary information forwarded by DOC in its annual
report.
Rehabilitation Based Discharge – After DOC notifies the Parole Board, the Board would hold a hearing to
determine whether the circumstances warrant the inmate's discharge from DOC. If the Parole Board decides
the person qualifies, the incarcerated individual may be placed on either parole or probation.
Additional Information – DOC estimates 32 incarcerated individuals could petition for a sentence
modification under this bill based on the conditions described below. None of these individuals have been
sentenced for a sex or violent crime.
Condition
Offenders that
Qualify Under
Condition
A disease or condition with an end-of-life trajectory including but not limited
to those provided.
7
At least 65 yrs of age; and offense committed before 60; and the person served
more than 10 years or 50% of sentence; and the person is suffering from
serious medical conditions related to the aging process.
5
At least 65 yrs of age; and offense was committed before person was 60; and
the person served at least 10 years or 75% of the sentence
25
Five of these individuals qualify under more than one criteria.
Individuals qualifying under various Criteria
Incarcerated individuals who meet exactly one of the
above criteria.
27
Incarcerated individuals who meet exactly two of the
above criteria.
5
Incarcerated individuals who meet exactly three of the
above criteria.
0
Total Individuals 32
The average expenditure to house an adult offender was $28,110 annually, or $76.96 daily, in FY 2023. (This
does not include the cost of new construction.) If offenders can be housed in existing facilities with no
additional staff, the marginal cost for medical care, food, and clothing is approximately $4,456 annually, or
$12.21 daily, per prisoner. The marginal cost estimates are based on contractual agreements with food and
medical vendors and projections based on prior years for clothing and hygiene.
Explanation of State Revenues:
Explanation of Local Expenditures: Sentence Modification – The sentencing court would be required to
notify the prosecuting attorney that an offender who may be discharged from the custody of the DOC. A
prosecuting attorney who receives notice under this subsection shall notify all victims of the crime for which
HB 1354 2 the inmate is confined to the custody of the DOC, if applicable, of the inmate's possible discharge from DOC.
These incarcerated individuals were either sentenced from or would be released to one of 19 counties in
Indiana or two counties in Illinois.
Explanation of Local Revenues:
State Agencies Affected: Department of Correction; Criminal Justice Institute; Indiana Parole Board
Local Agencies Affected: Trial courts with criminal jurisdiction; prosecuting attorneys; public defender
offices
Information Sources: Department of Correction
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
HB 1354 3