Introduced Version
HOUSE BILL No. 1406
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 11-10.
Synopsis: Assignment of offenders based on biological sex. Provides
that the department of correction shall assign an offender, including a
delinquent offender, to a facility or program that is based on the
offender's biological sex at birth in accordance with the offender's
genetics and reproductive biology.
Effective: July 1, 2024.
Mayfield, King, Davis
January 11, 2024, read first time and referred to Committee on Courts and Criminal Code.
2024 IN 1406—LS 6381/DI 92 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
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. 1406
A BILL FOR AN ACT to amend the Indiana Code concerning
corrections.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 11-10-1-3 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Upon completion
3 of the evaluation prescribed in section 2 of this chapter and before
4 assigning him an offender to a facility or program, the department
5 shall determine the appropriate degree of security (maximum, medium,
6 or minimum) for each offender as described in IC 35-38-3-6. In making
7 that determination the department shall, in addition to other relevant
8 information, consider:
9 (1) the results of the evaluation prescribed in section 2 of this
10 chapter;
11 (2) the recommendations of the sentencing court; and
12 (3) the degree and kind of custodial control necessary for the
13 protection of the public, staff, other confined persons, and the
14 individual being considered.
15 (b) After determining the offender's security classification, the
16 department shall assign him the offender to a facility or program;
17 make an initial employment, education, training, or other assignment
2024 IN 1406—LS 6381/DI 92 2
1 within that facility or program; and order medical, psychiatric,
2 psychological, or other services. In making the assignment, the
3 department shall, in addition to other relevant information, consider:
4 (1) the results of the evaluation prescribed in section 2 of this
5 chapter;
6 (2) the offender's security classification;
7 (3) the offender's need for special therapy or programs, including
8 employment, education, or training available only in specific
9 facilities or programs;
10 (4) the likelihood of the offender's reintegration into the
11 community in which the facility or program is located;
12 (5) the desirability of keeping the offender in a facility or program
13 near the area in which he the offender resided before
14 commitment;
15 (6) the desires of the offender;
16 (7) the current population levels of the facilities or programs
17 considered appropriate for the offender; and
18 (8) the length of the offender's sentence.
19 (c) If the department determines that a committed offender is
20 mentally or physically incapacitated to such an extent that proper
21 custody, care, and control cannot be provided by the department, it
22 shall make arrangements for placement outside the department.
23 (d) Before assigning an offender to a facility or program, the
24 department shall give him the offender an opportunity to present
25 pertinent information; discuss with him the offender all aspects of the
26 evaluation, classification, and assignment process; and work with him
27 the offender to determine a fair and appropriate assignment.
28 (e) The department shall assign an offender to a facility or
29 program that is based on the offender's biological sex at birth in
30 accordance with the offender's genetics and reproductive biology.
31 (e) (f) If an offender is sentenced to a term of imprisonment of one
32 (1) year or less, the department may make an assignment under this
33 section without making the evaluation prescribed in section 2 of this
34 chapter. In determining the length of an offender's term, consecutive
35 terms of imprisonment shall be added together.
36 (f) (g) This section does not prohibit the temporary assignment of
37 an offender pending evaluation and classification.
38 SECTION 2. IC 11-10-2-5 IS AMENDED TO READ AS
39 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Upon completion
40 of the evaluation prescribed in section 4 of this chapter, the department
41 shall assign the offender to a facility or program; make an initial
42 education, training, employment, or other assignment within that
2024 IN 1406—LS 6381/DI 92 3
1 facility or program; and order medical, psychiatric, psychological, or
2 other services it considers appropriate. In making the assignment, the
3 department shall, among other relevant information, consider:
4 (1) the results of the evaluation prescribed in section 4 of this
5 chapter;
6 (2) the recommendations of the committing court;
7 (3) the offender's need for special therapy or programs, including
8 education, training, or employment available only in specific
9 facilities or programs;
10 (4) the degree and type of custodial control necessary for the
11 protection of the public, staff, other committed offenders, and the
12 individual being considered;
13 (5) the likelihood of the offender's reintegration into the
14 community in which the facility or program is located;
15 (6) the desirability of keeping the offender in a facility or program
16 near the area in which he the offender resided before
17 commitment;
18 (7) the desires of the offender and his the offender's parents,
19 guardian, or custodian;
20 (8) the current population levels of the facilities or programs
21 considered appropriate for the offender; and
22 (9) the probable length of commitment.
23 (b) If the department determines that a committed offender is
24 mentally or physically incapacitated to such an extent that proper
25 custody, care, and control cannot be provided by the department, it
26 shall make arrangements for placement outside the department.
27 (c) If an offender is found to be pregnant, the department may return
28 her to the committing court for further disposition.
29 (d) Before assigning an offender to a facility or program, the
30 department shall give him the offender an opportunity to present
31 pertinent information, discuss with him the offender all aspects of the
32 evaluation and assignment process, and work with him the offender to
33 determine a fair and appropriate assignment.
34 (e) The department shall assign an offender to a facility or
35 program that is based on the offender's biological sex at birth in
36 accordance with the offender's genetics and reproductive biology.
37 (e) (f) The department shall, by certified mail, return receipt
38 requested, notify the parent, guardian, custodian, or nearest relative of
39 any committed offender of his the offender's physical location and any
40 change in that location.
41 (f) (g) This section does not preclude the temporary assignment of
42 an offender pending evaluation.
2024 IN 1406—LS 6381/DI 92