Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 290
AN ACT to amend the Indiana Code concerning corrections.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 5-2-6-3, AS AMENDED BY P.L.101-2022,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. The institute is established to do the following:
(1) Evaluate state and local programs associated with:
(A) the prevention, detection, and solution of criminal
offenses;
(B) law enforcement; and
(C) the administration of criminal and juvenile justice.
(2) Participate in statewide collaborative efforts to improve all
aspects of law enforcement, juvenile justice, and criminal justice
in this state.
(3) Stimulate criminal and juvenile justice research.
(4) Develop new methods for the prevention and reduction of
crime.
(5) Prepare applications for funds under the Omnibus Act and the
Juvenile Justice Act.
(6) Administer victim and witness assistance funds.
(7) Administer the traffic safety functions assigned to the institute
under IC 9-27-2.
(8) Compile and analyze information and disseminate the
information to persons who make criminal justice decisions in this
state.
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(9) Serve as the criminal justice statistical analysis center for this
state.
(10) Identify grants and other funds that can be used by the
department of correction to carry out its responsibilities
concerning sex or violent offender registration under IC 11-8-8.
(11) Administer the application and approval process for
designating an area of a consolidated or second class city as a
public safety improvement area under IC 36-8-19.5.
(12) Administer funds for the support of any sexual offense
services.
(13) Administer funds for the support of domestic violence
programs.
(14) Administer funds to support assistance to victims of human
sexual trafficking offenses as provided in IC 35-42-3.5-4.
(15) Administer the domestic violence prevention and treatment
fund under IC 5-2-6.7.
(16) Administer the family violence and victim assistance fund
under IC 5-2-6.8.
(17) Monitor and evaluate criminal code reform the status of
Indiana's criminal justice system under IC 5-2-6-24.
(18) Administer the ignition interlock inspection account
established under IC 9-30-8-7.
(19) Identify any federal, state, or local grants that can be used to
assist in the funding and operation of regional holding facilities
under IC 11-12-6.5.
(20) Coordinate with state and local criminal justice agencies for
the collection and transfer of data from sheriffs concerning jail:
(A) populations; and
(B) statistics;
for the purpose of providing jail data to the management
performance hub established by IC 4-3-26-8.
(21) Establish and administer the Indiana crime guns task force
fund under IC 36-8-25.5-8.
(22) Establish and administer:
(A) the juvenile diversion and community alternatives grant
program fund under IC 31-40-5; and
(B) the juvenile behavioral health competitive grant pilot
program fund under IC 31-40-6.
SECTION 2. IC 5-2-6-24, AS AMENDED BY P.L.142-2018,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 24. (a) As used in this section, "criminal code
reform" refers to statutory provisions relating to criminal law enacted
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by P.L.158-2013 and HEA 1006-2014.
(b) The institute shall monitor and evaluate criminal code reform
the status of Indiana's criminal justice system as described in this
section.
(c) The institute shall annually gather data and analyze the impact
of criminal code reform the status of the criminal justice system in
Indiana, including the impact of current trends on:
(1) local units of government;
(2) the department of correction; and
(3) the office of judicial administration.
(d) The institute shall prepare an annual report, in conjunction with
the justice reinvestment advisory council (established by
IC 33-38-9.5-2), containing the results of its analysis before December
January 1 of each year. The report shall be provided to the governor,
the chief justice, and the legislative council. The report provided to the
legislative council must be in an electronic format under IC 5-14-6.
(e) The report required under this section must:
(1) include an analysis of:
(A) the effect of criminal code reform on:
(i) (A) county jails; jail populations;
(ii) (B) community corrections programs; agencies;
(iii) (C) probation departments; and
(iv) (D) courts;
(B) (E) recidivism rates;
(C) (F) reentry court programs; and
(D) (G) data relevant to the availability and effectiveness of
mental health and addiction programs for persons who are at
risk of entering the criminal justice system, who are in the
criminal justice system; and who have left the criminal justice
system;
(2) track the number of requests for sentence modification that are
set for hearing by the court, including the relief granted by the
court, if any; The report must include whether the grant or denial
of a request for sentence modification was discretionary or
mandatory, and whether the prosecuting attorney opposed the
request for sentence modification, agreed to the request for
sentence modification, or took no position on the request for
sentence modification;
(3) track, by age and offense, the number of juveniles under the
jurisdiction of an adult court due to:
(A) lack of jurisdiction under IC 31-30-1-4; or
(B) waiver of jurisdiction under IC 31-30-3-2 through
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IC 31-30-3-6;
(4) track the number of juveniles under the jurisdiction of adult
court due to a juvenile court not having jurisdiction of the cases
in accordance with IC 31-30-1-4, by:
(A) age;
(B) sex;
(C) race;
(D) county of prosecution;
(E) offenses charged;
(F) convictions received; and
(G) sentences received; and
(5) track the number of waivers of juvenile court jurisdiction
granted under IC 31-30-3-2 through IC 31-30-3-6 by:
(A) age;
(B) sex;
(C) race;
(D) charges filed in juvenile court in which a waiver was
sought;
(E) charges filed in adult court following the waiver of
juvenile court jurisdiction;
(F) county of prosecution;
(G) convictions received; and
(H) sentences received.
(f) All local units of government and local elected officials,
including sheriffs, prosecuting attorneys, judges, and county fiscal
bodies, shall cooperate with the institute by providing data as requested
by the institute.
(g) State agencies, including the department of correction, the
Indiana prosecuting attorneys council, the Indiana public defender
council, and the office of judicial administration, and the division of
mental health and addiction, shall assist the institute by providing
requested data in a timely manner.
(h) Based on their analysis, the institute and the justice reinvestment
advisory council shall include recommendations to improve the
criminal justice system in Indiana, with particular emphasis being
placed on recommendations that relate to sentencing policies and
reform.
(i) The institute and the justice reinvestment advisory council shall
include research data relevant to their analysis and recommendations
in the report.
(j) The institute shall:
(1) make the data collected under subsection (e)(4) and (e)(5)
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available to the public in an annual report, by fiscal year, due by
October 30 of each year;
(2) post the annual report required by subdivision (1) on the
institute's Internet web site; website; and
(3) provide a copy of the annual report required by subdivision (1)
to the commission on improving the status of children in Indiana
established by IC 2-5-36-3.
SECTION 3. IC 11-12-2-1, AS AMENDED BY THE TECHNICAL
CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
Sec. 1. (a) For the purpose of encouraging counties to develop a
coordinated local corrections-criminal justice system and providing
effective alternatives to imprisonment at the state level, the
commissioner shall, out of funds appropriated for such purposes, make
grants:
(1) to counties for the establishment and operation of community
corrections programs and court supervised recidivism reduction
programs; and
(2) to support a probation department, pretrial diversion program,
or jail treatment program.
Appropriations intended for this purpose may not be used by the
department for any other purpose. Money appropriated to the
department of correction for the purpose of making grants under this
chapter and any financial aid payments suspended under section 6 of
this chapter do not revert to the state general fund at the close of any
fiscal year, but remain available to the department of correction for its
use in making grants under this chapter.
(b) Before March 1 of each year, the department shall estimate the
amount of any operational cost savings that will be realized in the state
fiscal year ending June 30 from a reduction in the number of
individuals who are in the custody or made a ward of the department
of correction (as described in IC 11-8-1-5) that is attributable to the
sentencing changes made in HEA 1006-2014 as enacted in the 2014
session of the general assembly. The department shall make the
estimate under this subsection based on the best available information.
If the department estimates that operational cost savings described in
this subsection will be realized in the state fiscal year, the following
apply to the department:
(1) The department shall certify the estimated amount of
operational cost savings that will be realized to the budget agency
and to the auditor of state comptroller.
(2) The department may, after review by the budget committee
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and approval by the budget agency, make additional grants as
provided in this chapter to:
(A) county jails to provide evidence based mental health and
addiction forensic treatment services; and
(B) counties for the establishment and operation of pretrial
release programs, diversion programs, community corrections
programs, and court supervised recidivism reduction
programs;
from funds appropriated to the department for the department's
operating expenses for the state fiscal year.
(3) The maximum aggregate amount of additional grants and
transfers that may be made by the department under subdivision
(2) for the state fiscal year may not exceed the lesser of:
(A) the amount of operational cost savings certified under
subdivision (1); or
(B) eleven million dollars ($11,000,000).
Notwithstanding P.L.205-2013 (HEA 1001-2013), the amount of funds
necessary to make any additional grants authorized and approved under
this subsection and for any transfers authorized and approved under
this subsection, and for providing the additional financial aid to courts
from transfers authorized and approved under this subsection, is
appropriated for those purposes for the state fiscal year, and the amount
of the department's appropriation for operating expenses for the state
fiscal year is reduced by a corresponding amount.
(c) The commissioner shall coordinate with the division of mental
health and addiction in issuing community corrections and court
supervised recidivism reduction program grants to programs that
provide alternative sentencing projects for persons with mental illness,
addictive disorders, intellectual disabilities, and developmental
disabilities. Programs for addictive disorders may include:
(1) addiction counseling;
(2) inpatient detoxification; and
(3) medication assisted treatment, including a federal Food and
Drug Administration approved long acting, nonaddictive
medication for the treatment of opioid or alcohol dependence.
(d) Grants awarded under this chapter:
(1) must focus on funding evidence based programs, including
programs that address cognitive behavior, that have as a primary
goal the purpose of reforming offenders; and
(2) may be used for technology based programs, including an
electronic monitoring program.
(e) Before the tenth day of each month, the department shall
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compile the following information with respect to the previous month:
(1) The number of persons committed to the department.
(2) The number of persons:
(A) confined in a department facility;
(B) participating in a community corrections program; and
(C) confined in a local jail under contract with or on behalf of
the department.
(3) For each facility operated by the department:
(A) the number of beds in each facility; and
(B) the number of inmates housed in the facility.
(C) the highest felony classification of each inmate housed in
the facility; and
(D) a list of all felonies for which persons housed in the
facility have been sentenced.
(4) The number of persons committed to the department for
a Level 6 felony.
(f) The department shall:
(1) quarterly submit a report to the budget committee; and
(2) monthly submit a report to the justice reinvestment advisory
council (as established in IC 33-38-9.5-2);
of the information compiled by the department under subsection (e).
The report to the budget committee must be submitted in a form
approved by the budget committee, and the report to the advisory
council must be in a form approved by the advisory council.
SECTION 4. IC 33-38-9.5-2, AS AMENDED BY P.L.114-2022,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. (a) The justice reinvestment advisory council
is established. The advisory council consists of the following members:
(1) The executive director of the Indiana public defender council
or the executive director's designee.
(2) The executive director of the Indiana prosecuting attorneys
council or the executive director's designee.
(3) The director of the division of mental health and addiction or
the director's designee.
(4) The president of the Indiana Sheriffs' Association or the
president's designee.
(5) The commissioner of the Indiana department of correction or
the commissioner's designee.
(6) The chief administrative officer of the office of judicial
administration or the chief administrative officer's designee.
(7) The executive director of the Indiana criminal justice institute
or the executive director's designee.
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(8) The president of the Indiana Association of Community
Corrections Act Counties or the president's designee.
(9) The president of the Probation Officers Professional
Association of Indiana or the president's designee.
(10) The budget director or the budget director's designee.
(11) The executive director of the Association of Indiana Counties
or the executive director's designee.
(12) The president of the Indiana Judges Association or the
president's designee.
(13) The chair of the Indiana public defender commission or the
chair's designee.
(14) The chair of the senate corrections and criminal law
committee or the chair's designee.
(15) The ranking minority member of the senate corrections and
criminal law committee or the ranking minority member's
designee.
(16) The chair of the house courts and criminal code committee
or the chair's designee.
(17) The ranking minority member of the house courts and
criminal code committee or the ranking minority member's
designee.
(18) The governor or the governor's designee.
(19) The president and chief executive officer of the Indiana
Council of Community Mental Health Centers or the president
and chief executive officer's designee.
(20) The president and chief executive officer of Mental Health
America of Indiana or the president and chief executive officer's
designee.
(b) The chief justice or the chief justice's designee shall serve as
chairperson of the advisory council.
(c) The duties of the advisory council include:
(1) reviewing and evaluating state and local criminal justice
systems and corrections programs, including pretrial services,
behavioral health treatment and recovery services, community
corrections, county jails, parole, and probation services;
(2) reviewing the processes used by the department of correction
and the division of mental health and addiction in awarding
grants;
(3) reviewing and evaluating jail overcrowding to identify a range
of possible solutions;
(4) coordinating with other criminal justice funding sources;
(5) establishing committees to inform the work of the advisory
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council; and
(6) performing other relevant duties as determined by the advisory
council.
(d) The advisory council may make recommendations to:
(1) the department of correction, community corrections advisory
boards, and the division of mental health and addiction
concerning the award of grants;
(2) criminal justice systems and corrections programs concerning
best practices to improve outcomes of persons under supervision;
(3) the Indiana general assembly concerning legislation and
funding for criminal justice initiatives;
(4) the Indiana criminal justice institute concerning criminal
justice funding priorities;
(5) the office of judicial administration concerning veterans
problem-solving court grants; and
(6) the county sheriffs concerning strategies to address jail
overcrowding and implementing evidence based practices for
reducing recidivism for individuals in county jails.
(e) The office of judicial administration shall staff the advisory
council.
(f) The expenses of the advisory council shall be paid by the office
of judicial administration from funds appropriated to the office of
judicial administration for the administrative costs of the justice
reinvestment advisory council.
(g) A member of the advisory council is not entitled to the minimum
salary per diem provided by IC 4-10-11-2.1(b). The member is,
however, entitled to reimbursement for traveling expenses as provided
under IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of administration and
approved by the budget agency.
(h) The affirmative votes of a majority of the voting members
appointed to the advisory council are required for the advisory council
to take action on any measure.
(i) The advisory council shall meet as necessary to:
(1) work with the department of correction and the division of
mental health and addiction to establish the grant criteria and
grant reporting requirements described in subsection (m);
(2) review grant applications;
(3) make recommendations and provide feedback to the
department of correction and the division of mental health and
addiction concerning grants to be awarded;
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(4) review grants awarded by the department of correction and the
division of mental health and addiction; and
(5) suggest areas and programs in which the award of future
grants might be beneficial.
(j) The advisory council, in conjunction with the Indiana criminal
justice institute, shall jointly issue an annual report under IC 5-2-6-24.
(k) The advisory council shall review the composition of the
community corrections advisory board described in IC 11-12-2-2 and
make a recommendation to the legislative council in an electronic
format under IC 5-14-6 before November 1, 2022, regarding how to
reduce the membership of a community corrections advisory board and
the recommended membership for a community corrections advisory
board.
(l) Any entity that receives funds:
(1) recommended by the advisory council; and
(2) appropriated by the department of correction;
for the purpose of providing additional treatment or supervision
services shall provide the information described in subsection (m) to
the department of correction to aid in the compilation of the report
described in subsection (j).
(m) The department of correction shall provide the advisory council
with the following information:
(1) The total number of participants, categorized by offense level,
of most serious offense, who were served by the entity through
funds described in subsection (l).
(2) The percentage of participants, categorized by level of most
serious offense, who completed a treatment program, service, or
level of supervision.
(3) The percentage of participants, categorized by level of most
serious offense, who were discharged from a treatment program,
service, or level of supervision.
(4) (2) The percentage total number of participants, categorized
by offense level, of most serious offense, who (A) completed a
funded treatment program, service, or level of supervision. and
(B) were subsequently committed to the department of
correction;
within twenty-four (24) months after completing the funded
treatment program, service, or level of supervision.
(5) (3) The percentage total number of participants, categorized
by offense level, of most serious offense, who were (A)
discharged from a funded treatment program, service, or level of
supervision. and
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(B) subsequently committed to the department of correction;
within twenty-four (24) months after being discharged from the
funded treatment program, service, or level of supervision.
(6) The total number of participants who completed a funded
treatment program, service, or level of supervision.
(7) The total number of participants who:
(A) completed a funded treatment program, service, or level of
supervision; and
(B) were legally employed.
(8) Any other information relevant to the funding of the entity as
described in subsection (l).
SECTION 5. IC 35-33-8-12, AS ADDED BY P.L.138-2020,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 12. (a) As used in this section, "disposition" has
the meaning set forth in section 3.2(c) of this chapter.
(b) The Indiana criminal justice institute shall collect the following
data from each court exercising criminal jurisdiction in Indiana:
(1) Of those defendants who are released on personal
recognizance, the number of defendants who are rearrested
charged with another offense before the disposition of the
defendant's prior charges.
(2) Of those defendants who are released pursuant to the payment
of money bail, of one thousand dollars ($1,000) or less, the
number of defendants who are rearrested charged with another
offense before the disposition of the defendant's prior charges.
(c) Data collected under subsection (b) shall be compiled in such a
manner to present the rearrest rate at which defendants are charged
with another offense for:
(1) the entire state; and
(2) each county. and
(3) each circuit, superior, city, and town court, including each
separate division of each court, if applicable.
(d) The Indiana criminal justice institute shall, before August 1,
2021, and before August 1 of each year thereafter, submit an annual
report containing the information collected under this section to the
legislative council in an electronic format under IC 5-14-6. The initial
report submitted by the Indiana criminal justice institute before August
1, 2021, must also include all data described in subsection (b) for the
period beginning after December 31, 2019, through December 31,
2020.
SEA 290 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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