Introduced Version
SENATE BILL No. 290
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-2-6; IC 11-12-2-1; IC 33-38-9.5-2;
IC 35-33-8-12.
Synopsis: Criminal justice data. Requires the Indiana criminal justice
institute and the department of correction to collect and distribute
certain criminal justice data.
Effective: July 1, 2024.
Freeman
January 16, 2024, read first time and referred to Committee on Corrections and Criminal
Law.
2024 IN 290—LS 6457/DI 106 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.
SENATE BILL No. 290
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 5-2-6-3, AS AMENDED BY P.L.101-2022,
2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 3. The institute is established to do the following:
4 (1) Evaluate state and local programs associated with:
5 (A) the prevention, detection, and solution of criminal
6 offenses;
7 (B) law enforcement; and
8 (C) the administration of criminal and juvenile justice.
9 (2) Participate in statewide collaborative efforts to improve all
10 aspects of law enforcement, juvenile justice, and criminal justice
11 in this state.
12 (3) Stimulate criminal and juvenile justice research.
13 (4) Develop new methods for the prevention and reduction of
14 crime.
15 (5) Prepare applications for funds under the Omnibus Act and the
16 Juvenile Justice Act.
17 (6) Administer victim and witness assistance funds.
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1 (7) Administer the traffic safety functions assigned to the institute
2 under IC 9-27-2.
3 (8) Compile and analyze information and disseminate the
4 information to persons who make criminal justice decisions in this
5 state.
6 (9) Serve as the criminal justice statistical analysis center for this
7 state.
8 (10) Identify grants and other funds that can be used by the
9 department of correction to carry out its responsibilities
10 concerning sex or violent offender registration under IC 11-8-8.
11 (11) Administer the application and approval process for
12 designating an area of a consolidated or second class city as a
13 public safety improvement area under IC 36-8-19.5.
14 (12) Administer funds for the support of any sexual offense
15 services.
16 (13) Administer funds for the support of domestic violence
17 programs.
18 (14) Administer funds to support assistance to victims of human
19 sexual trafficking offenses as provided in IC 35-42-3.5-4.
20 (15) Administer the domestic violence prevention and treatment
21 fund under IC 5-2-6.7.
22 (16) Administer the family violence and victim assistance fund
23 under IC 5-2-6.8.
24 (17) Monitor and evaluate criminal code reform the status of
25 Indiana's criminal justice system under IC 5-2-6-24.
26 (18) Administer the ignition interlock inspection account
27 established under IC 9-30-8-7.
28 (19) Identify any federal, state, or local grants that can be used to
29 assist in the funding and operation of regional holding facilities
30 under IC 11-12-6.5.
31 (20) Coordinate with state and local criminal justice agencies for
32 the collection and transfer of data from sheriffs concerning jail:
33 (A) populations; and
34 (B) statistics;
35 for the purpose of providing jail data to the management
36 performance hub established by IC 4-3-26-8.
37 (21) Establish and administer the Indiana crime guns task force
38 fund under IC 36-8-25.5-8.
39 (22) Establish and administer:
40 (A) the juvenile diversion and community alternatives grant
41 program fund under IC 31-40-5; and
42 (B) the juvenile behavioral health competitive grant pilot
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1 program fund under IC 31-40-6.
2 SECTION 2. IC 5-2-6-24, AS AMENDED BY P.L.142-2018,
3 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2024]: Sec. 24. (a) As used in this section, "criminal code
5 reform" refers to statutory provisions relating to criminal law enacted
6 by P.L.158-2013 and HEA 1006-2014.
7 (b) The institute shall monitor and evaluate criminal code reform
8 the status of Indiana's criminal justice system as described in this
9 section.
10 (c) The institute shall annually gather data and analyze the impact
11 of criminal code reform the status of the criminal justice system in
12 Indiana, including the impact of current trends on:
13 (1) local units of government;
14 (2) the department of correction; and
15 (3) the office of judicial administration.
16 (d) The institute shall prepare an annual report, in conjunction with
17 the justice reinvestment advisory council (established by
18 IC 33-38-9.5-2), containing the results of its analysis before December
19 1 of each year. The report shall be provided to the governor, the chief
20 justice, and the legislative council. The report provided to the
21 legislative council must be in an electronic format under IC 5-14-6.
22 (e) The report required under this section must:
23 (1) include an analysis of:
24 (A) the effect of criminal code reform on:
25 (i) (A) county jails; jail populations;
26 (ii) (B) community corrections programs; agencies;
27 (iii) (C) probation departments; and
28 (iv) (D) courts;
29 (B) (E) recidivism rates;
30 (C) (F) reentry court programs; and
31 (D) (G) data relevant to the availability and effectiveness of
32 mental health and addiction programs for persons who are at
33 risk of entering the criminal justice system, who are in the
34 criminal justice system; and who have left the criminal justice
35 system;
36 (2) track the number of requests for sentence modification that are
37 set for hearing by the court, including the relief granted by the
38 court, if any; The report must include whether the grant or denial
39 of a request for sentence modification was discretionary or
40 mandatory, and whether the prosecuting attorney opposed the
41 request for sentence modification, agreed to the request for
42 sentence modification, or took no position on the request for
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1 sentence modification;
2 (3) track, by age and offense, the number of juveniles under the
3 jurisdiction of an adult court due to:
4 (A) lack of jurisdiction under IC 31-30-1-4; or
5 (B) waiver of jurisdiction under IC 31-30-3-2 through
6 IC 31-30-3-6;
7 (4) track the number of juveniles under the jurisdiction of adult
8 court due to a juvenile court not having jurisdiction of the cases
9 in accordance with IC 31-30-1-4, by:
10 (A) age;
11 (B) sex;
12 (C) race;
13 (D) county of prosecution;
14 (E) offenses charged;
15 (F) convictions received; and
16 (G) sentences received; and
17 (5) track the number of waivers of juvenile court jurisdiction
18 granted under IC 31-30-3-2 through IC 31-30-3-6 by:
19 (A) age;
20 (B) sex;
21 (C) race;
22 (D) charges filed in juvenile court in which a waiver was
23 sought;
24 (E) charges filed in adult court following the waiver of
25 juvenile court jurisdiction;
26 (F) county of prosecution;
27 (G) convictions received; and
28 (H) sentences received.
29 (f) All local units of government and local elected officials,
30 including sheriffs, prosecuting attorneys, judges, and county fiscal
31 bodies, shall cooperate with the institute by providing data as requested
32 by the institute.
33 (g) State agencies, including the department of correction, the
34 Indiana prosecuting attorneys council, the Indiana public defender
35 council, and the office of judicial administration, and the division of
36 mental health and addiction, shall assist the institute by providing
37 requested data in a timely manner.
38 (h) Based on their analysis, the institute and the justice reinvestment
39 advisory council shall include recommendations to improve the
40 criminal justice system in Indiana, with particular emphasis being
41 placed on recommendations that relate to sentencing policies and
42 reform.
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1 (i) The institute and the justice reinvestment advisory council shall
2 include research data relevant to their analysis and recommendations
3 in the report.
4 (j) The institute shall:
5 (1) make the data collected under subsection (e)(4) and (e)(5)
6 available to the public in an annual report, by fiscal year, due by
7 October 30 of each year;
8 (2) post the annual report required by subdivision (1) on the
9 institute's Internet web site; website; and
10 (3) provide a copy of the annual report required by subdivision (1)
11 to the commission on improving the status of children in Indiana
12 established by IC 2-5-36-3.
13 SECTION 3. IC 11-12-2-1, AS AMENDED BY THE TECHNICAL
14 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
15 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
16 Sec. 1. (a) For the purpose of encouraging counties to develop a
17 coordinated local corrections-criminal justice system and providing
18 effective alternatives to imprisonment at the state level, the
19 commissioner shall, out of funds appropriated for such purposes, make
20 grants:
21 (1) to counties for the establishment and operation of community
22 corrections programs and court supervised recidivism reduction
23 programs; and
24 (2) to support a probation department, pretrial diversion program,
25 or jail treatment program.
26 Appropriations intended for this purpose may not be used by the
27 department for any other purpose. Money appropriated to the
28 department of correction for the purpose of making grants under this
29 chapter and any financial aid payments suspended under section 6 of
30 this chapter do not revert to the state general fund at the close of any
31 fiscal year, but remain available to the department of correction for its
32 use in making grants under this chapter.
33 (b) Before March 1 of each year, the department shall estimate the
34 amount of any operational cost savings that will be realized in the state
35 fiscal year ending June 30 from a reduction in the number of
36 individuals who are in the custody or made a ward of the department
37 of correction (as described in IC 11-8-1-5) that is attributable to the
38 sentencing changes made in HEA 1006-2014 as enacted in the 2014
39 session of the general assembly. The department shall make the
40 estimate under this subsection based on the best available information.
41 If the department estimates that operational cost savings described in
42 this subsection will be realized in the state fiscal year, the following
2024 IN 290—LS 6457/DI 106 6
1 apply to the department:
2 (1) The department shall certify the estimated amount of
3 operational cost savings that will be realized to the budget agency
4 and to the auditor of state comptroller.
5 (2) The department may, after review by the budget committee
6 and approval by the budget agency, make additional grants as
7 provided in this chapter to:
8 (A) county jails to provide evidence based mental health and
9 addiction forensic treatment services; and
10 (B) counties for the establishment and operation of pretrial
11 release programs, diversion programs, community corrections
12 programs, and court supervised recidivism reduction
13 programs;
14 from funds appropriated to the department for the department's
15 operating expenses for the state fiscal year.
16 (3) The maximum aggregate amount of additional grants and
17 transfers that may be made by the department under subdivision
18 (2) for the state fiscal year may not exceed the lesser of:
19 (A) the amount of operational cost savings certified under
20 subdivision (1); or
21 (B) eleven million dollars ($11,000,000).
22 Notwithstanding P.L.205-2013 (HEA 1001-2013), the amount of funds
23 necessary to make any additional grants authorized and approved under
24 this subsection and for any transfers authorized and approved under
25 this subsection, and for providing the additional financial aid to courts
26 from transfers authorized and approved under this subsection, is
27 appropriated for those purposes for the state fiscal year, and the amount
28 of the department's appropriation for operating expenses for the state
29 fiscal year is reduced by a corresponding amount.
30 (c) The commissioner shall coordinate with the division of mental
31 health and addiction in issuing community corrections and court
32 supervised recidivism reduction program grants to programs that
33 provide alternative sentencing projects for persons with mental illness,
34 addictive disorders, intellectual disabilities, and developmental
35 disabilities. Programs for addictive disorders may include:
36 (1) addiction counseling;
37 (2) inpatient detoxification; and
38 (3) medication assisted treatment, including a federal Food and
39 Drug Administration approved long acting, nonaddictive
40 medication for the treatment of opioid or alcohol dependence.
41 (d) Grants awarded under this chapter:
42 (1) must focus on funding evidence based programs, including
2024 IN 290—LS 6457/DI 106 7
1 programs that address cognitive behavior, that have as a primary
2 goal the purpose of reforming offenders; and
3 (2) may be used for technology based programs, including an
4 electronic monitoring program.
5 (e) Before the tenth day of each month, the department shall
6 compile the following information with respect to the previous month:
7 (1) The number of persons committed to the department.
8 (2) The number of persons:
9 (A) confined in a department facility;
10 (B) participating in a community corrections program; and
11 (C) confined in a local jail under contract with or on behalf of
12 the department.
13 (3) For each facility operated by the department:
14 (A) the number of beds in each facility;
15 (B) the number of inmates housed in the facility;
16 (C) the highest felony classification of each inmate housed in
17 the facility; and
18 (D) a list of all felonies for which persons housed in the
19 facility have been sentenced. The number of persons
20 committed to the department for a Level 6 felony.
21 (f) The department shall:
22 (1) quarterly submit a report to the budget committee; and
23 (2) monthly submit a report to the justice reinvestment advisory
24 council (as established in IC 33-38-9.5-2);
25 of the information compiled by the department under subsection (e).
26 The report to the budget committee must be submitted in a form
27 approved by the budget committee, and the report to the advisory
28 council must be in a form approved by the advisory council.
29 SECTION 4. IC 33-38-9.5-2, AS AMENDED BY P.L.114-2022,
30 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2024]: Sec. 2. (a) The justice reinvestment advisory council
32 is established. The advisory council consists of the following members:
33 (1) The executive director of the Indiana public defender council
34 or the executive director's designee.
35 (2) The executive director of the Indiana prosecuting attorneys
36 council or the executive director's designee.
37 (3) The director of the division of mental health and addiction or
38 the director's designee.
39 (4) The president of the Indiana Sheriffs' Association or the
40 president's designee.
41 (5) The commissioner of the Indiana department of correction or
42 the commissioner's designee.
2024 IN 290—LS 6457/DI 106 8
1 (6) The chief administrative officer of the office of judicial
2 administration or the chief administrative officer's designee.
3 (7) The executive director of the Indiana criminal justice institute
4 or the executive director's designee.
5 (8) The president of the Indiana Association of Community
6 Corrections Act Counties or the president's designee.
7 (9) The president of the Probation Officers Professional
8 Association of Indiana or the president's designee.
9 (10) The budget director or the budget director's designee.
10 (11) The executive director of the Association of Indiana Counties
11 or the executive director's designee.
12 (12) The president of the Indiana Judges Association or the
13 president's designee.
14 (13) The chair of the Indiana public defender commission or the
15 chair's designee.
16 (14) The chair of the senate corrections and criminal law
17 committee or the chair's designee.
18 (15) The ranking minority member of the senate corrections and
19 criminal law committee or the ranking minority member's
20 designee.
21 (16) The chair of the house courts and criminal code committee
22 or the chair's designee.
23 (17) The ranking minority member of the house courts and
24 criminal code committee or the ranking minority member's
25 designee.
26 (18) The governor or the governor's designee.
27 (19) The president and chief executive officer of the Indiana
28 Council of Community Mental Health Centers or the president
29 and chief executive officer's designee.
30 (20) The president and chief executive officer of Mental Health
31 America of Indiana or the president and chief executive officer's
32 designee.
33 (b) The chief justice or the chief justice's designee shall serve as
34 chairperson of the advisory council.
35 (c) The duties of the advisory council include:
36 (1) reviewing and evaluating state and local criminal justice
37 systems and corrections programs, including pretrial services,
38 behavioral health treatment and recovery services, community
39 corrections, county jails, parole, and probation services;
40 (2) reviewing the processes used by the department of correction
41 and the division of mental health and addiction in awarding
42 grants;
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1 (3) reviewing and evaluating jail overcrowding to identify a range
2 of possible solutions;
3 (4) coordinating with other criminal justice funding sources;
4 (5) establishing committees to inform the work of the advisory
5 council; and
6 (6) performing other relevant duties as determined by the advisory
7 council.
8 (d) The advisory council may make recommendations to:
9 (1) the department of correction, community corrections advisory
10 boards, and the division of mental health and addiction
11 concerning the award of grants;
12 (2) criminal justice systems and corrections programs concerning
13 best practices to improve outcomes of persons under supervision;
14 (3) the Indiana general assembly concerning legislation and
15 funding for criminal justice initiatives;
16 (4) the Indiana criminal justice institute concerning criminal
17 justice funding priorities;
18 (5) the office of judicial administration concerning veterans
19 problem-solving court grants; and
20 (6) the county sheriffs concerning strategies to address jail
21 overcrowding and implementing evidence based practices for
22 reducing recidivism for individuals in county jails.
23 (e) The office of judicial administration shall staff the advisory
24 council.
25 (f) The expenses of the advisory council shall be paid by the office
26 of judicial administration from funds appropriated to the office of
27 judicial administration for the administrative costs of the justice
28 reinvestment advisory council.
29 (g) A member of the advisory council is not entitled to the minimum
30 salary per diem provided by IC 4-10-11-2.1(b). The member is,
31 however, entitled to reimbursement for traveling expenses as provided
32 under IC 4-13-1-4 and other expenses actually incurred in connection
33 with the member's duties as provided in the state policies and
34 procedures established by the Indiana department of administration and
35 approved by the budget agency.
36 (h) The affirmative votes of a majority of the voting members
37 appointed to the advisory council are required for the advisory council
38 to take action on any measure.
39 (i) The advisory council shall meet as necessary to:
40 (1) work with the department of correction and the division of
41 mental health and addiction to establish the grant criteria and
42 grant reporting requirements described in subsection (m);
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1 (2) review grant applications;
2 (3) make recommendations and provide feedback to the
3 department of correction and the division of mental health and
4 addiction concerning grants to be awarded;
5 (4) review grants awarded by the department of correction and the
6 division of mental health and addiction; and
7 (5) suggest areas and programs in which the award of future
8 grants might be beneficial.
9 (j) The advisory council, in conjunction with the Indiana criminal
10 justice institute, shall jointly issue an annual report under IC 5-2-6-24.
11 (k) The advisory council shall review the composition of the
12 community corrections advisory board described in IC 11-12-2-2 and
13 make a recommendation to the legislative council in an electronic
14 format under IC 5-14-6 before November 1, 2022, regarding how to
15 reduce the membership of a community corrections advisory board and
16 the recommended membership for a community corrections advisory
17 board.
18 (l) Any entity that receives funds:
19 (1) recommended by the advisory council; and
20 (2) appropriated by the department of correction;
21 for the purpose of providing additional treatment or supervision
22 services shall provide the information described in subsection (m) to
23 the department of correction to aid in the compilation of the report
24 described in subsection (j).
25 (m) The department of correction shall provide the advisory council
26 with the following information:
27 (1) The total number of participants, categorized by offense level,
28 of most serious offense, who were served by the entity through
29 funds described in subsection (l).
30 (2) The percentage of participants, categorized by level of most
31 serious offense, who completed a treatment program, service, or
32 level of supervision.
33 (3) The percentage of participants, categorized by level of most
34 serious offense, who were discharged from a treatment program,
35 service, or level of supervision.
36 (4) (2) The percentage total number of participants, categorized
37 by offense level, of most serious offense, who (A) completed a
38 funded treatment program, service, or level of supervision. and
39 (B) were subsequently committed to the department of
40 correction;
41 within twenty-four (24) months after completing the funded
42 treatment program, service, or level of supervision.
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1 (5) (3) The percentage total number of participants, categorized
2 by offense level, of most serious offense, who were (A)
3 discharged from a funded treatment program, service, or level of
4 supervision. and
5 (B) subsequently committed to the department of correction;
6 within twenty-four (24) months after being discharged from the
7 funded treatment program, service, or level of supervision.
8 (6) The total number of participants who completed a funded
9 treatment program, service, or level of supervision.
10 (7) The total number of participants who:
11 (A) completed a funded treatment program, service, or level of
12 supervision; and
13 (B) were legally employed.
14 (8) Any other information relevant to the funding of the entity as
15 described in subsection (l).
16 SECTION 5. IC 35-33-8-12, AS ADDED BY P.L.138-2020,
17 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2024]: Sec. 12. (a) As used in this section, "disposition" has
19 the meaning set forth in section 3.2(c) of this chapter.
20 (b) The Indiana criminal justice institute shall collect the following
21 data from each court exercising criminal jurisdiction in Indiana:
22 (1) Of those defendants who are released on personal
23 recognizance, the number of defendants who are rearrested
24 charged with another offense before the disposition of the
25 defendant's prior charges.
26 (2) Of those defendants who are released pursuant to the payment
27 of money bail, of one thousand dollars ($1,000) or less, the
28 number of defendants who are rearrested charged with another
29 offense before the disposition of the defendant's prior charges.
30 (c) Data collected under subsection (b) shall be compiled in such a
31 manner to present the rearrest rate at which defendants are charged
32 with another offense for:
33 (1) the entire state; and
34 (2) each county. and
35 (3) each circuit, superior, city, and town court, including each
36 separate division of each court, if applicable.
37 (d) The Indiana criminal justice institute shall, before August 1,
38 2021, and before August 1 of each year thereafter, submit an annual
39 report containing the information collected under this section to the
40 legislative council in an electronic format under IC 5-14-6. The initial
41 report submitted by the Indiana criminal justice institute before August
42 1, 2021, must also include all data described in subsection (b) for the
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1 period beginning after December 31, 2019, through December 31,
2 2020.
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