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Indiana House Bill HB1354

Indiana 2024 Regular Session

Indiana House Bill HB1354 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1354
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 11-13-9-2; IC 35-38-1-17.
77 Synopsis: Release from department of correction and parole.
88 Establishes an additional sentencing modification procedure for certain
99 individuals and requires that the department of correction annually
1010 review inmate records and transmit certain information to specified
1111 persons.
1212 Effective: July 1, 2024.
1313 Morris, McNamara, Judy
1414 January 10, 2024, read first time and referred to Committee on Courts and Criminal Code.
1515 2024 IN 1354—LS 7014/DI 151 Introduced
1616 Second Regular Session of the 123rd General Assembly (2024)
1717 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
1818 Constitution) is being amended, the text of the existing provision will appear in this style type,
1919 additions will appear in this style type, and deletions will appear in this style type.
2020 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2121 provision adopted), the text of the new provision will appear in this style type. Also, the
2222 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2323 a new provision to the Indiana Code or the Indiana Constitution.
2424 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2525 between statutes enacted by the 2023 Regular Session of the General Assembly.
2626 HOUSE BILL No. 1354
2727 A BILL FOR AN ACT to amend the Indiana Code concerning
2828 criminal law and procedure.
2929 Be it enacted by the General Assembly of the State of Indiana:
3030 1 SECTION 1. IC 11-13-9-2, AS AMENDED BY P.L.74-2015,
3131 2 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3232 3 JULY 1, 2024]: Sec. 2. (a) As used in this section, the years of an
3333 4 inmate's confinement are "consecutive" if:
3434 5 (1) the inmate has remained in the continuous custody of the
3535 6 department for the requisite length of time; or
3636 7 (2) the inmate would have remained in the continuous custody of
3737 8 the department for the requisite length of time, but:
3838 9 (A) was released from the custody of the department on the
3939 10 basis of an erroneous court order; and
4040 11 (B) returned to the custody of the department not later than
4141 12 seventy-two (72) hours after the erroneous court order was
4242 13 rescinded.
4343 14 (b) Notwithstanding any other law, as soon as practicable after an
4444 15 inmate has been confined to the custody of the department for:
4545 16 (1) twenty-five (25) consecutive years;
4646 17 (2) twenty-four (24) consecutive years if the inmate has received
4747 2024 IN 1354—LS 7014/DI 151 2
4848 1 one (1) year of educational credit under IC 35-50-6-3.3;
4949 2 (3) twenty-three (23) consecutive years if the inmate has received
5050 3 two (2) years of educational credit under IC 35-50-6-3.3;
5151 4 (4) twenty-two (22) consecutive years if the inmate has received
5252 5 three (3) years of educational credit under IC 35-50-6-3.3; or
5353 6 (5) twenty-one (21) consecutive years if the inmate has received
5454 7 four (4) years of educational credit under IC 35-50-6-3.3;
5555 8 the department shall identify the inmate to the parole board and provide
5656 9 the parole board with the inmate's offender progress report.
5757 10 (c) The department shall annually:
5858 11 (1) review the inmate population of the department's facilities
5959 12 and programs in accordance with IC 35-38-1-17(p);
6060 13 (2) before November 1 of each year, transmit to the Indiana
6161 14 criminal justice institute for use in the institute's report under
6262 15 IC 5-2-6-24 the:
6363 16 (A) number of inmates described in IC 35-38-1-17(d) and
6464 17 not disqualified under IC 35-38-1-17(c); and
6565 18 (B) number of inmates whose sentence was modified by the
6666 19 sentencing court; and
6767 20 (3) in the case of an eligible inmate who meets the criteria of
6868 21 IC 35-38-1-17(o):
6969 22 (A) not later than fourteen (14) days after the diagnosis,
7070 23 notify the inmate and the inmate's emergency contact and
7171 24 next of kin that they may prepare and submit on the
7272 25 inmate's behalf a request for a sentence modification, and
7373 26 provide a copy of the inmate's offender progress report to
7474 27 the notified individuals; and
7575 28 (B) not later than thirty (30) days after the date of
7676 29 diagnosis, provide the defendant's emergency contact and
7777 30 next of kin with an opportunity to visit the defendant in
7878 31 person, virtually, or telephonically.
7979 32 (d) Notwithstanding any other provision of law, an offender
8080 33 progress report must include a complete summary of all
8181 34 rehabilitative:
8282 35 (1) programs;
8383 36 (2) work;
8484 37 (3) education; and
8585 38 (4) certifications;
8686 39 completed by an inmate during the inmate's confinement in the
8787 40 custody of the department.
8888 41 (e) The department shall provide an inmate with a copy of the
8989 42 inmate's offender progress report at least sixty (60) days before
9090 2024 IN 1354—LS 7014/DI 151 3
9191 1 submitting the offender progress report to the parole board under
9292 2 this section.
9393 3 (f) The department shall release an offender progress report to
9494 4 the supervising authority tasked with supervising an inmate
9595 5 released from the custody of the department to parole, probation,
9696 6 or a community transition program.
9797 7 SECTION 2. IC 35-38-1-17, AS AMENDED BY P.L.115-2023,
9898 8 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9999 9 JULY 1, 2024]: Sec. 17. (a) Notwithstanding IC 1-1-5.5-21, this section
100100 10 applies to a person who:
101101 11 (1) commits an offense; or
102102 12 (2) is sentenced;
103103 13 before July 1, 2014.
104104 14 (b) This section does not apply to a credit restricted felon.
105105 15 (c) Except as provided in subsections (k), and (m), and (o), this
106106 16 section does not apply to a violent criminal.
107107 17 (d) As used in this section, "violent criminal" means a person
108108 18 convicted of any of the following offenses:
109109 19 (1) Murder (IC 35-42-1-1).
110110 20 (2) Attempted murder (IC 35-41-5-1).
111111 21 (3) Voluntary manslaughter (IC 35-42-1-3).
112112 22 (4) Involuntary manslaughter (IC 35-42-1-4).
113113 23 (5) Reckless homicide (IC 35-42-1-5).
114114 24 (6) Aggravated battery (IC 35-42-2-1.5).
115115 25 (7) Kidnapping (IC 35-42-3-2).
116116 26 (8) Rape (IC 35-42-4-1).
117117 27 (9) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
118118 28 (10) Child molesting (IC 35-42-4-3).
119119 29 (11) Sexual misconduct with a minor as a Class A felony under
120120 30 IC 35-42-4-9(a)(2) or a Class B felony under IC 35-42-4-9(b)(2)
121121 31 (for a crime committed before July 1, 2014) or sexual misconduct
122122 32 with a minor as a Level 1 felony under IC 35-42-4-9(a)(2) or a
123123 33 Level 2 felony under IC 35-42-4-9(b)(2) (for a crime committed
124124 34 after June 30, 2014).
125125 35 (12) Robbery as a Class A felony or a Class B felony (IC
126126 36 35-42-5-1) (for a crime committed before July 1, 2014) or robbery
127127 37 as a Level 2 felony or a Level 3 felony (IC 35-42-5-1) (for a crime
128128 38 committed after June 30, 2014).
129129 39 (13) Burglary as Class A felony or a Class B felony (IC
130130 40 35-43-2-1) (for a crime committed before July 1, 2014) or
131131 41 burglary as a Level 1 felony, Level 2 felony, Level 3 felony, or
132132 42 Level 4 felony (IC 35-43-2-1) (for a crime committed after June
133133 2024 IN 1354—LS 7014/DI 151 4
134134 1 30, 2014).
135135 2 (14) Unlawful possession of a firearm by a serious violent felon
136136 3 (IC 35-47-4-5).
137137 4 (e) At any time after:
138138 5 (1) a convicted person begins serving the person's sentence; and
139139 6 (2) the court obtains a report from the department of correction
140140 7 concerning the convicted person's conduct while imprisoned;
141141 8 the court may reduce or suspend the sentence and impose a sentence
142142 9 that the court was authorized to impose at the time of sentencing,
143143 10 except as provided in subsection (o). However, if the convicted
144144 11 person was sentenced under the terms of a plea agreement, the court
145145 12 may not, without the consent of the prosecuting attorney, reduce or
146146 13 suspend the sentence and impose a sentence not authorized by the plea
147147 14 agreement. The court must incorporate its reasons in the record.
148148 15 (f) If the court sets a hearing on a petition under this section, the
149149 16 court must give notice to the prosecuting attorney and the prosecuting
150150 17 attorney must give notice to the victim (as defined in IC 35-31.5-2-348)
151151 18 of the crime for which the convicted person is serving the sentence.
152152 19 (g) The court may suspend a sentence for a felony under this section
153153 20 only if suspension is permitted under IC 35-50-2-2.2.
154154 21 (h) The court may deny a request to suspend or reduce a sentence
155155 22 under this section without making written findings and conclusions.
156156 23 (i) The court is not required to conduct a hearing before reducing or
157157 24 suspending a sentence under this section if:
158158 25 (1) the prosecuting attorney has filed with the court an agreement
159159 26 of the reduction or suspension of the sentence; and
160160 27 (2) the convicted person has filed with the court a waiver of the
161161 28 right to be present when the order to reduce or suspend the
162162 29 sentence is considered.
163163 30 (j) This subsection applies only to a convicted person who is not a
164164 31 violent criminal. A convicted person who is not a violent criminal may
165165 32 file a petition for sentence modification under this section:
166166 33 (1) not more than one (1) time in any three hundred sixty-five
167167 34 (365) day period; and
168168 35 (2) a maximum of two (2) times during any consecutive period of
169169 36 incarceration;
170170 37 without the consent of the prosecuting attorney.
171171 38 (k) This subsection applies to a convicted person who is a violent
172172 39 criminal. Except as provided in subsection (n), a convicted person who
173173 40 is a violent criminal may, not later than three hundred sixty-five (365)
174174 41 days from the date of sentencing, file one (1) petition for sentence
175175 42 modification under this section without the consent of the prosecuting
176176 2024 IN 1354—LS 7014/DI 151 5
177177 1 attorney. After the elapse of the three hundred sixty-five (365) day
178178 2 period, a violent criminal may not file a petition for sentence
179179 3 modification without the consent of the prosecuting attorney.
180180 4 (l) A person may not waive the right to sentence modification under
181181 5 this section as part of a plea agreement. Any purported waiver of the
182182 6 right to sentence modification under this section in a plea agreement is
183183 7 invalid and unenforceable as against public policy. This subsection
184184 8 does not prohibit the finding of a waiver of the right to:
185185 9 (1) have a court modify a sentence and impose a sentence not
186186 10 authorized by the plea agreement, as described under subsection
187187 11 (e); or
188188 12 (2) sentence modification for any other reason, including failure
189189 13 to comply with the provisions of this section.
190190 14 (m) Notwithstanding subsection (k), a person who commits an
191191 15 offense after June 30, 2014, and before May 15, 2015, may file one (1)
192192 16 petition for sentence modification without the consent of the
193193 17 prosecuting attorney, even if the person has previously filed a petition
194194 18 for sentence modification.
195195 19 (n) A person sentenced in a criminal court having jurisdiction over
196196 20 an offense committed when the person was less than eighteen (18)
197197 21 years of age may file an additional petition for sentence modification
198198 22 under this section without the consent of the prosecuting attorney if the
199199 23 person has served at least:
200200 24 (1) fifteen (15) years of the person's sentence, if the person is not
201201 25 serving a sentence for murder; or
202202 26 (2) twenty (20) years of the person's sentence, if the person is
203203 27 serving a sentence for murder.
204204 28 The time periods described in this subsection are computed on the
205205 29 basis of time actually served and do not include any reduction applied
206206 30 for good time credit or educational credit time.
207207 31 (o) Notwithstanding subsections (j) and (k), a person may file a
208208 32 petition for a suspension or reduction of the person's sentence
209209 33 without the consent of the prosecuting attorney, even if the person
210210 34 has previously filed a petition for sentence modification, under this
211211 35 section if:
212212 36 (1) a physician employed or contracted by the department of
213213 37 correction determines that a person:
214214 38 (A) has a terminal illness with a life expectancy of eighteen
215215 39 (18) months or less, or a disease or condition with an end
216216 40 of life trajectory, including metastatic solid tumor cancer,
217217 41 amyotrophic lateral sclerosis (ALS), end-stage organ
218218 42 disease, and advanced end-stage dementia; or
219219 2024 IN 1354—LS 7014/DI 151 6
220220 1 (B) has an incurable, progressive illness or has suffered a
221221 2 debilitating injury from which the person will not recover.
222222 3 A person qualifies under this clause if the person:
223223 4 (i) is unable to complete basic activities of daily living
224224 5 and is totally confined to a bed or chair; or
225225 6 (ii) has limited ability for self-care and is confined to a
226226 7 bed or chair for more than fifty percent (50%) of the
227227 8 person's waking hours; or
228228 9 (2) the person is at least sixty-five (65) years of age, is in the
229229 10 custody of the department of correction for an offense
230230 11 committed before the person was sixty (60) years of age, and
231231 12 has served:
232232 13 (A) at least:
233233 14 (i) ten (10) years in the custody of the department of
234234 15 correction; or
235235 16 (ii) fifty percent (50%) of the sentence imposed;
236236 17 whichever is less, if the person is suffering from chronic or
237237 18 serious medical conditions related to the aging process,
238238 19 deteriorating mental or physical health that has
239239 20 substantially diminished the person's ability to function in
240240 21 a correctional facility and for which correctional treatment
241241 22 promises no substantial improvement to the person's
242242 23 physical or mental condition; or
243243 24 (B) at least:
244244 25 (i) ten (10) years in the custody of the department of
245245 26 correction; or
246246 27 (ii) seventy-five percent (75%) of the sentence imposed;
247247 28 whichever is less.
248248 29 A person may only petition for a modification one (1) time under
249249 30 this subsection without the consent of the prosecuting attorney,
250250 31 unless there is demonstrable evidence of a change in the person's
251251 32 medical condition that was not available at the time the person
252252 33 filed the person's last petition. Under this subsection, the court may
253253 34 reduce or suspend the sentence below a sentence that the court was
254254 35 authorized to impose at the time of sentencing with the consent of
255255 36 the prosecuting attorney. However, if the person was sentenced
256256 37 under the terms of a plea agreement, the court may not, without
257257 38 the consent of the prosecuting attorney, reduce or suspend the
258258 39 sentence and impose a sentence not authorized by the plea
259259 40 agreement. In making this determination, the court must consider
260260 41 the suitability of the person's reentry plans if the sentence is
261261 42 modified, including proof that the person will have suitable living
262262 2024 IN 1354—LS 7014/DI 151 7
263263 1 quarters if discharged from the department and will receive the
264264 2 medical care or treatment required. The court must incorporate its
265265 3 reasons in the record.
266266 4 (p) The department of correction shall, at least annually, review
267267 5 the inmate population of the department's facilities and programs
268268 6 to determine the identities of any inmates described in subsection
269269 7 (o) and not disqualified under subsection (b) and notify the
270270 8 identified inmate. Not later than thirty (30) days from the
271271 9 identification of an appropriate inmate, the department shall,
272272 10 unless otherwise requested by the inmate, notify:
273273 11 (1) the public defender or privately retained counsel;
274274 12 (2) the inmate's emergency contact or next of kin; and
275275 13 (3) the prosecutor in the county of conviction;
276276 14 of the inmate's eligibility for a sentence modification under this
277277 15 section.
278278 16 (q) Not later than thirty (30) days after the filing of a petition
279279 17 under subsection (o), the court shall:
280280 18 (1) grant the request to suspend or reduce a sentence;
281281 19 (2) deny the request without written findings and conclusions;
282282 20 or
283283 21 (3) hold a hearing on the matter.
284284 22 The court is not required to conduct a hearing before reducing or
285285 23 suspending a sentence under subsection (i).
286286 2024 IN 1354—LS 7014/DI 151