IN
Indiana Senate Bill SB0070

Indiana 2024 Regular Session

Indiana Senate Bill SB0070 Compare Versions

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1+*ES0070.1*
2+February 15, 2024
3+ENGROSSED
4+SENATE BILL No. 70
5+_____
6+DIGEST OF SB 70 (Updated February 14, 2024 11:50 am - DI 140)
7+Citations Affected: IC 5-2.
8+Synopsis: Bail and release review commission. Establishes the bail
9+and release review commission to review data concerning bail, bail
10+reform, pretrial release, and related matters. Provides that the
11+commission expires June 30, 2026.
12+Effective: July 1, 2024.
13+Koch, Freeman, Glick, Gaskill
14+(HOUSE SPONSOR — STEUERWALD)
15+January 8, 2024, read first time and referred to Committee on Rules and Legislative
16+Procedure.
17+January 25, 2024, amended; reassigned to Committee on Judiciary.
18+February 1, 2024, amended, reported favorably — Do Pass.
19+February 5, 2024, read second time, ordered engrossed. Engrossed.
20+February 6, 2024, read third time, passed. Yeas 47, nays 1.
21+HOUSE ACTION
22+February 12, 2024, read first time and referred to Committee on Courts and Criminal Code.
23+February 15, 2024, reported — Do Pass.
24+ES 70—LS 6066/DI 13 February 15, 2024
125 Second Regular Session of the 123rd General Assembly (2024)
226 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
327 Constitution) is being amended, the text of the existing provision will appear in this style type,
428 additions will appear in this style type, and deletions will appear in this style type.
529 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
630 provision adopted), the text of the new provision will appear in this style type. Also, the
731 word NEW will appear in that style type in the introductory clause of each SECTION that adds
832 a new provision to the Indiana Code or the Indiana Constitution.
933 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1034 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 70
12-AN ACT to amend the Indiana Code concerning criminal law and
13-procedure.
35+ENGROSSED
36+SENATE BILL No. 70
37+A BILL FOR AN ACT to amend the Indiana Code concerning
38+criminal law and procedure.
1439 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 5-2-25 IS ADDED TO THE INDIANA CODE AS
16-A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
17-1, 2024]:
18-Chapter 25. Bail and Release Review Commission
19-Sec. 1. As used in this chapter, "commission" means the bail and
20-release review commission established by section 2 of this chapter.
21-Sec. 2. The bail and release review commission is established as
22-a temporary executive branch commission to do the following:
23-(1) Review data concerning the effect of bail reform measures
24-on public safety, including violent crime and recidivism.
25-(2) Review data concerning the effectiveness of pretrial
26-release measures in ensuring a defendant's court appearance.
27-(3) Review data concerning the effectiveness of pretrial
28-release reform efforts in Indiana.
29-(4) Review the effect of pretrial detention on defendants.
30-(5) Review bail schedules and practices used statewide.
31-(6) Review the effectiveness of bail and release measures used
32-in other states.
33-(7) Before November 1 of each year, issue a report containing
34-its findings and recommendations to:
35-(A) the governor; and
36-SEA 70 2
37-(B) the legislative council.
38-The report to the legislative council must be in an electronic
39-format under IC 5-14-6.
40-Sec. 3. The commission consists of the following sixteen (16)
41-members:
42-(1) The president pro tempore of the senate, or a designee of
43-the president pro tempore who is a member of the senate. The
44-president pro tempore or designee shall serve as a
45-co-chairperson of the commission.
46-(2) The minority leader of the senate or a designee of the
47-minority leader who is a member of the senate.
48-(3) The speaker of the house of representatives or the
49-speaker's designee who is a member of the house of
50-representatives. The speaker or designee shall serve as a
51-co-chairperson of the commission.
52-(4) The minority leader of the house of representatives or the
53-minority leader's designee who is a member of the house of
54-representatives.
55-(5) The governor or the governor's designee.
56-(6) The superintendent of the state police department or the
57-superintendent's designee.
58-(7) The commissioner of the Indiana department of correction
59-or the commissioner's designee.
60-(8) The director of the division of mental health and addiction
61-of the office of the secretary of the family and social services
62-administration or the director's designee.
63-(9) The budget director or the budget director's designee.
64-(10) The chief justice of Indiana or the chief justice's designee.
65-(11) The president of the Indiana judges association or the
66-president's designee.
67-(12) The executive director of the Indiana prosecuting
68-attorneys council or the executive director's designee.
69-(13) A victim advocate from a prosecuting attorney's office,
70-appointed by the executive director of the Indiana prosecuting
71-attorneys council.
72-(14) The executive director of the Indiana public defender
73-council or the executive director's designee.
74-(15) The president of the Indiana sheriffs' association or the
75-president's designee.
76-(16) The executive director of the association of Indiana
77-counties or the executive director's designee.
78-Sec. 4. A member serves for a term that ends on June 30 of the
79-SEA 70 3
80-next odd-numbered year following the member's appointment.
81-However, the member may be reappointed to subsequent terms.
82-Sec. 5. A member who is not an ex officio member serves at the
83-pleasure of the appointing authority.
84-Sec. 6. An appointment to fill a vacancy shall be made in the
85-same manner that an original appointment is made. An individual
86-appointed to fill a vacancy serves for the remainder of the term of
87-the former member.
88-Sec. 7. Each member of the commission who is a state employee
89-is entitled to reimbursement for traveling expenses as provided
90-under IC 4-13-1-4 and other expenses actually incurred in
91-connection with the member's duties as provided in the state
92-policies and procedures established by the Indiana department of
93-administration and approved by the budget agency.
94-Sec. 8. Each member of the commission who is not a state
95-employee is entitled to receive the same per diem, mileage, and
96-travel allowances paid to individuals who serve as legislative and
97-lay members, respectively, of interim study committees established
98-by the legislative council.
99-Sec. 9. Each member of the council who is a member of the
100-general assembly is entitled to receive the same per diem, mileage,
101-and travel allowances paid to legislative members of interim study
102-committees established by the legislative council. Per diem,
103-mileage, and travel allowances paid under this section shall be paid
104-from appropriations made to the legislative council or the
105-legislative services agency.
106-Sec. 10. Except for expenses described in section 9 of this
107-chapter, expenses of the commission shall be paid from funds
108-appropriated to the governor.
109-Sec. 11. The commission shall hold meetings at the call of the
110-co-chairpersons.
111-Sec. 12. Nine (9) members constitute a quorum for the
112-transaction of business.
113-Sec. 13. Each member has one (1) vote.
114-Sec. 14. Action of the commission may be taken only upon the
115-affirmative votes of at least nine (9) members.
116-Sec. 15. The office of the governor shall staff the commission.
117-Sec. 16. This chapter expires June 30, 2026.
118-SEA 70 President of the Senate
119-President Pro Tempore
120-Speaker of the House of Representatives
121-Governor of the State of Indiana
122-Date: Time:
123-SEA 70
40+1 SECTION 1. IC 5-2-25 IS ADDED TO THE INDIANA CODE AS
41+2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
42+3 1, 2024]:
43+4 Chapter 25. Bail and Release Review Commission
44+5 Sec. 1. As used in this chapter, "commission" means the bail and
45+6 release review commission established by section 2 of this chapter.
46+7 Sec. 2. The bail and release review commission is established as
47+8 a temporary executive branch commission to do the following:
48+9 (1) Review data concerning the effect of bail reform measures
49+10 on public safety, including violent crime and recidivism.
50+11 (2) Review data concerning the effectiveness of pretrial
51+12 release measures in ensuring a defendant's court appearance.
52+13 (3) Review data concerning the effectiveness of pretrial
53+14 release reform efforts in Indiana.
54+15 (4) Review the effect of pretrial detention on defendants.
55+16 (5) Review bail schedules and practices used statewide.
56+17 (6) Review the effectiveness of bail and release measures used
57+ES 70—LS 6066/DI 13 2
58+1 in other states.
59+2 (7) Before November 1 of each year, issue a report containing
60+3 its findings and recommendations to:
61+4 (A) the governor; and
62+5 (B) the legislative council.
63+6 The report to the legislative council must be in an electronic
64+7 format under IC 5-14-6.
65+8 Sec. 3. The commission consists of the following sixteen (16)
66+9 members:
67+10 (1) The president pro tempore of the senate, or a designee of
68+11 the president pro tempore who is a member of the senate. The
69+12 president pro tempore or designee shall serve as a
70+13 co-chairperson of the commission.
71+14 (2) The minority leader of the senate or a designee of the
72+15 minority leader who is a member of the senate.
73+16 (3) The speaker of the house of representatives or the
74+17 speaker's designee who is a member of the house of
75+18 representatives. The speaker or designee shall serve as a
76+19 co-chairperson of the commission.
77+20 (4) The minority leader of the house of representatives or the
78+21 minority leader's designee who is a member of the house of
79+22 representatives.
80+23 (5) The governor or the governor's designee.
81+24 (6) The superintendent of the state police department or the
82+25 superintendent's designee.
83+26 (7) The commissioner of the Indiana department of correction
84+27 or the commissioner's designee.
85+28 (8) The director of the division of mental health and addiction
86+29 of the office of the secretary of the family and social services
87+30 administration or the director's designee.
88+31 (9) The budget director or the budget director's designee.
89+32 (10) The chief justice of Indiana or the chief justice's designee.
90+33 (11) The president of the Indiana judges association or the
91+34 president's designee.
92+35 (12) The executive director of the Indiana prosecuting
93+36 attorneys council or the executive director's designee.
94+37 (13) A victim advocate from a prosecuting attorney's office,
95+38 appointed by the executive director of the Indiana prosecuting
96+39 attorneys council.
97+40 (14) The executive director of the Indiana public defender
98+41 council or the executive director's designee.
99+42 (15) The president of the Indiana sheriffs' association or the
100+ES 70—LS 6066/DI 13 3
101+1 president's designee.
102+2 (16) The executive director of the association of Indiana
103+3 counties or the executive director's designee.
104+4 Sec. 4. A member serves for a term that ends on June 30 of the
105+5 next odd-numbered year following the member's appointment.
106+6 However, the member may be reappointed to subsequent terms.
107+7 Sec. 5. A member who is not an ex officio member serves at the
108+8 pleasure of the appointing authority.
109+9 Sec. 6. An appointment to fill a vacancy shall be made in the
110+10 same manner that an original appointment is made. An individual
111+11 appointed to fill a vacancy serves for the remainder of the term of
112+12 the former member.
113+13 Sec. 7. Each member of the commission who is a state employee
114+14 is entitled to reimbursement for traveling expenses as provided
115+15 under IC 4-13-1-4 and other expenses actually incurred in
116+16 connection with the member's duties as provided in the state
117+17 policies and procedures established by the Indiana department of
118+18 administration and approved by the budget agency.
119+19 Sec. 8. Each member of the commission who is not a state
120+20 employee is entitled to receive the same per diem, mileage, and
121+21 travel allowances paid to individuals who serve as legislative and
122+22 lay members, respectively, of interim study committees established
123+23 by the legislative council.
124+24 Sec. 9. Each member of the council who is a member of the
125+25 general assembly is entitled to receive the same per diem, mileage,
126+26 and travel allowances paid to legislative members of interim study
127+27 committees established by the legislative council. Per diem,
128+28 mileage, and travel allowances paid under this section shall be paid
129+29 from appropriations made to the legislative council or the
130+30 legislative services agency.
131+31 Sec. 10. Except for expenses described in section 9 of this
132+32 chapter, expenses of the commission shall be paid from funds
133+33 appropriated to the governor.
134+34 Sec. 11. The commission shall hold meetings at the call of the
135+35 co-chairpersons.
136+36 Sec. 12. Nine (9) members constitute a quorum for the
137+37 transaction of business.
138+38 Sec. 13. Each member has one (1) vote.
139+39 Sec. 14. Action of the commission may be taken only upon the
140+40 affirmative votes of at least nine (9) members.
141+41 Sec. 15. The office of the governor shall staff the commission.
142+42 Sec. 16. This chapter expires June 30, 2026.
143+ES 70—LS 6066/DI 13 4
144+COMMITTEE REPORT
145+Madam President: The Senate Committee on Rules and Legislative
146+Procedure, to which was referred Senate Bill No. 70, has had the same
147+under consideration and begs leave to report the same back to the
148+Senate with the recommendation that said bill be AMENDED as
149+follows:
150+Delete the title and insert the following:
151+A BILL FOR AN ACT to amend the Indiana Code concerning
152+criminal law and procedure.
153+Delete everything after the enacting clause and insert the following:
154+(SEE TEXT OF BILL)
155+and when so amended that said bill be reassigned to the Senate
156+Committee on Judiciary.
157+(Reference is to SB 70 as introduced.)
158+BRAY, Chairperson
159+_____
160+COMMITTEE REPORT
161+Madam President: The Senate Committee on Judiciary, to which
162+was referred Senate Bill No. 70, has had the same under consideration
163+and begs leave to report the same back to the Senate with the
164+recommendation that said bill be AMENDED as follows:
165+Page 2, line 8, delete "eighteen (18)" and insert "sixteen (16)".
166+Page 3, line 36, delete "Ten (10)" and insert "Nine (9)".
167+Page 3, line 40, delete "ten (10)" and insert "nine (9)".
168+and when so amended that said bill do pass.
169+(Reference is to SB 70 as printed January 26, 2024.)
170+BROWN L, Chairperson
171+Committee Vote: Yeas 8, Nays 0.
172+ES 70—LS 6066/DI 13 5
173+COMMITTEE REPORT
174+Mr. Speaker: Your Committee on Courts and Criminal Code, to
175+which was referred Senate Bill 70, has had the same under
176+consideration and begs leave to report the same back to the House with
177+the recommendation that said bill do pass.
178+(Reference is to SB 70 as printed February 2, 2024.)
179+MCNAMARA
180+Committee Vote: Yeas 12, Nays 0
181+ES 70—LS 6066/DI 13