Indiana 2024 Regular Session

Indiana House Bill HB1406 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. 1406
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 11-10.
7	7	Synopsis: Assignment of offenders based on biological sex. Provides
8	8	that the 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, 2024.
13	13	Mayfield, King, Davis
14	14	January 11, 2024, read first time and referred to Committee on Courts and Criminal Code.
15	15	2024 IN 1406—LS 6381/DI 92 Introduced
16	16	Second Regular Session of the 123rd General Assembly (2024)
17	17	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
18	18	Constitution) is being amended, the text of the existing provision will appear in this style type,
19	19	additions will appear in this style type, and deletions will appear in this style type.
20	20	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
21	21	provision adopted), the text of the new provision will appear in this style type. Also, the
22	22	word NEW will appear in that style type in the introductory clause of each SECTION that adds
23	23	a new provision to the Indiana Code or the Indiana Constitution.
24	24	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
25	25	between statutes enacted by the 2023 Regular Session of the General Assembly.
26	26	HOUSE BILL No. 1406
27	27	A BILL FOR AN ACT to amend the Indiana Code concerning
28	28	corrections.
29	29	Be it enacted by the General Assembly of the State of Indiana:
30	30	1 SECTION 1. IC 11-10-1-3 IS AMENDED TO READ AS
31	31	2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Upon completion
32	32	3 of the evaluation prescribed in section 2 of this chapter and before
33	33	4 assigning him an offender to a facility or program, the department
34	34	5 shall determine the appropriate degree of security (maximum, medium,
35	35	6 or minimum) for each offender as described in IC 35-38-3-6. In making
36	36	7 that determination the department shall, in addition to other relevant
37	37	8 information, consider:
38	38	9 (1) the results of the evaluation prescribed in section 2 of this
39	39	10 chapter;
40	40	11 (2) the recommendations of the sentencing court; and
41	41	12 (3) the degree and kind of custodial control necessary for the
42	42	13 protection of the public, staff, other confined persons, and the
43	43	14 individual being considered.
44	44	15 (b) After determining the offender's security classification, the
45	45	16 department shall assign him the offender to a facility or program;
46	46	17 make an initial employment, education, training, or other assignment
47	47	2024 IN 1406—LS 6381/DI 92 2
48	48	1 within that facility or program; and order medical, psychiatric,
49	49	2 psychological, or other services. In making the assignment, the
50	50	3 department shall, in addition to other relevant information, consider:
51	51	4 (1) the results of the evaluation prescribed in section 2 of this
52	52	5 chapter;
53	53	6 (2) the offender's security classification;
54	54	7 (3) the offender's need for special therapy or programs, including
55	55	8 employment, education, or training available only in specific
56	56	9 facilities or programs;
57	57	10 (4) the likelihood of the offender's reintegration into the
58	58	11 community in which the facility or program is located;
59	59	12 (5) the desirability of keeping the offender in a facility or program
60	60	13 near the area in which he the offender resided before
61	61	14 commitment;
62	62	15 (6) the desires of the offender;
63	63	16 (7) the current population levels of the facilities or programs
64	64	17 considered appropriate for the offender; and
65	65	18 (8) the length of the offender's sentence.
66	66	19 (c) If the department determines that a committed offender is
67	67	20 mentally or physically incapacitated to such an extent that proper
68	68	21 custody, care, and control cannot be provided by the department, it
69	69	22 shall make arrangements for placement outside the department.
70	70	23 (d) Before assigning an offender to a facility or program, the
71	71	24 department shall give him the offender an opportunity to present
72	72	25 pertinent information; discuss with him the offender all aspects of the
73	73	26 evaluation, classification, and assignment process; and work with him
74	74	27 the offender to determine a fair and appropriate assignment.
75	75	28 (e) The department shall assign an offender to a facility or
76	76	29 program that is based on the offender's biological sex at birth in
77	77	30 accordance with the offender's genetics and reproductive biology.
78	78	31 (e) (f) If an offender is sentenced to a term of imprisonment of one
79	79	32 (1) year or less, the department may make an assignment under this
80	80	33 section without making the evaluation prescribed in section 2 of this
81	81	34 chapter. In determining the length of an offender's term, consecutive
82	82	35 terms of imprisonment shall be added together.
83	83	36 (f) (g) This section does not prohibit the temporary assignment of
84	84	37 an offender pending evaluation and classification.
85	85	38 SECTION 2. IC 11-10-2-5 IS AMENDED TO READ AS
86	86	39 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Upon completion
87	87	40 of the evaluation prescribed in section 4 of this chapter, the department
88	88	41 shall assign the offender to a facility or program; make an initial
89	89	42 education, training, employment, or other assignment within that
90	90	2024 IN 1406—LS 6381/DI 92 3
91	91	1 facility or program; and order medical, psychiatric, psychological, or
92	92	2 other services it considers appropriate. In making the assignment, the
93	93	3 department shall, among other relevant information, consider:
94	94	4 (1) the results of the evaluation prescribed in section 4 of this
95	95	5 chapter;
96	96	6 (2) the recommendations of the committing court;
97	97	7 (3) the offender's need for special therapy or programs, including
98	98	8 education, training, or employment available only in specific
99	99	9 facilities or programs;
100	100	10 (4) the degree and type of custodial control necessary for the
101	101	11 protection of the public, staff, other committed offenders, and the
102	102	12 individual being considered;
103	103	13 (5) the likelihood of the offender's reintegration into the
104	104	14 community in which the facility or program is located;
105	105	15 (6) the desirability of keeping the offender in a facility or program
106	106	16 near the area in which he the offender resided before
107	107	17 commitment;
108	108	18 (7) the desires of the offender and his the offender's parents,
109	109	19 guardian, or custodian;
110	110	20 (8) the current population levels of the facilities or programs
111	111	21 considered appropriate for the offender; and
112	112	22 (9) the probable length of commitment.
113	113	23 (b) If the department determines that a committed offender is
114	114	24 mentally or physically incapacitated to such an extent that proper
115	115	25 custody, care, and control cannot be provided by the department, it
116	116	26 shall make arrangements for placement outside the department.
117	117	27 (c) If an offender is found to be pregnant, the department may return
118	118	28 her to the committing court for further disposition.
119	119	29 (d) Before assigning an offender to a facility or program, the
120	120	30 department shall give him the offender an opportunity to present
121	121	31 pertinent information, discuss with him the offender all aspects of the
122	122	32 evaluation and assignment process, and work with him the offender to
123	123	33 determine a fair and appropriate assignment.
124	124	34 (e) The department shall assign an offender to a facility or
125	125	35 program that is based on the offender's biological sex at birth in
126	126	36 accordance with the offender's genetics and reproductive biology.
127	127	37 (e) (f) The department shall, by certified mail, return receipt
128	128	38 requested, notify the parent, guardian, custodian, or nearest relative of
129	129	39 any committed offender of his the offender's physical location and any
130	130	40 change in that location.
131	131	41 (f) (g) This section does not preclude the temporary assignment of
132	132	42 an offender pending evaluation.
133	133	2024 IN 1406—LS 6381/DI 92