Indiana 2024 Regular Session

Indiana Senate Bill SB0290 Compare Versions

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1+*ES0290.1*
2+February 26, 2024
3+ENGROSSED
4+SENATE BILL No. 290
5+_____
6+DIGEST OF SB 290 (Updated February 21, 2024 11:44 am - DI 140)
7+Citations Affected: IC 5-2; IC 11-12; IC 33-38; IC 35-33.
8+Synopsis: Criminal justice data. Requires the Indiana criminal justice
9+institute and the department of correction to collect and distribute
10+certain criminal justice data.
11+Effective: July 1, 2024.
12+Freeman, Carrasco, Bohacek
13+(HOUSE SPONSOR — STEUERWALD)
14+January 16, 2024, read first time and referred to Committee on Corrections and Criminal
15+Law.
16+January 30, 2024, amended, reported favorably — Do Pass.
17+February 1, 2024, read second time, ordered engrossed. Engrossed.
18+February 5, 2024, read third time, passed. Yeas 48, nays 0.
19+HOUSE ACTION
20+February 12, 2024, read first time and referred to Committee on Courts and Criminal Code.
21+February 26, 2024, reported — Do Pass.
22+ES 290—LS 6457/DI 106 February 26, 2024
123 Second Regular Session of the 123rd General Assembly (2024)
224 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
325 Constitution) is being amended, the text of the existing provision will appear in this style type,
426 additions will appear in this style type, and deletions will appear in this style type.
527 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
628 provision adopted), the text of the new provision will appear in this style type. Also, the
729 word NEW will appear in that style type in the introductory clause of each SECTION that adds
830 a new provision to the Indiana Code or the Indiana Constitution.
931 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1032 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 290
12-AN ACT to amend the Indiana Code concerning corrections.
33+ENGROSSED
34+SENATE BILL No. 290
35+A BILL FOR AN ACT to amend the Indiana Code concerning
36+corrections.
1337 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 5-2-6-3, AS AMENDED BY P.L.101-2022,
15-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16-JULY 1, 2024]: Sec. 3. The institute is established to do the following:
17-(1) Evaluate state and local programs associated with:
18-(A) the prevention, detection, and solution of criminal
19-offenses;
20-(B) law enforcement; and
21-(C) the administration of criminal and juvenile justice.
22-(2) Participate in statewide collaborative efforts to improve all
23-aspects of law enforcement, juvenile justice, and criminal justice
24-in this state.
25-(3) Stimulate criminal and juvenile justice research.
26-(4) Develop new methods for the prevention and reduction of
27-crime.
28-(5) Prepare applications for funds under the Omnibus Act and the
29-Juvenile Justice Act.
30-(6) Administer victim and witness assistance funds.
31-(7) Administer the traffic safety functions assigned to the institute
32-under IC 9-27-2.
33-(8) Compile and analyze information and disseminate the
34-information to persons who make criminal justice decisions in this
35-state.
36-SEA 290 2
37-(9) Serve as the criminal justice statistical analysis center for this
38-state.
39-(10) Identify grants and other funds that can be used by the
40-department of correction to carry out its responsibilities
41-concerning sex or violent offender registration under IC 11-8-8.
42-(11) Administer the application and approval process for
43-designating an area of a consolidated or second class city as a
44-public safety improvement area under IC 36-8-19.5.
45-(12) Administer funds for the support of any sexual offense
46-services.
47-(13) Administer funds for the support of domestic violence
48-programs.
49-(14) Administer funds to support assistance to victims of human
50-sexual trafficking offenses as provided in IC 35-42-3.5-4.
51-(15) Administer the domestic violence prevention and treatment
52-fund under IC 5-2-6.7.
53-(16) Administer the family violence and victim assistance fund
54-under IC 5-2-6.8.
55-(17) Monitor and evaluate criminal code reform the status of
56-Indiana's criminal justice system under IC 5-2-6-24.
57-(18) Administer the ignition interlock inspection account
58-established under IC 9-30-8-7.
59-(19) Identify any federal, state, or local grants that can be used to
60-assist in the funding and operation of regional holding facilities
61-under IC 11-12-6.5.
62-(20) Coordinate with state and local criminal justice agencies for
63-the collection and transfer of data from sheriffs concerning jail:
64-(A) populations; and
65-(B) statistics;
66-for the purpose of providing jail data to the management
67-performance hub established by IC 4-3-26-8.
68-(21) Establish and administer the Indiana crime guns task force
69-fund under IC 36-8-25.5-8.
70-(22) Establish and administer:
71-(A) the juvenile diversion and community alternatives grant
72-program fund under IC 31-40-5; and
73-(B) the juvenile behavioral health competitive grant pilot
74-program fund under IC 31-40-6.
75-SECTION 2. IC 5-2-6-24, AS AMENDED BY P.L.142-2018,
76-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
77-JULY 1, 2024]: Sec. 24. (a) As used in this section, "criminal code
78-reform" refers to statutory provisions relating to criminal law enacted
79-SEA 290 3
80-by P.L.158-2013 and HEA 1006-2014.
81-(b) The institute shall monitor and evaluate criminal code reform
82-the status of Indiana's criminal justice system as described in this
83-section.
84-(c) The institute shall annually gather data and analyze the impact
85-of criminal code reform the status of the criminal justice system in
86-Indiana, including the impact of current trends on:
87-(1) local units of government;
88-(2) the department of correction; and
89-(3) the office of judicial administration.
90-(d) The institute shall prepare an annual report, in conjunction with
91-the justice reinvestment advisory council (established by
92-IC 33-38-9.5-2), containing the results of its analysis before December
93-January 1 of each year. The report shall be provided to the governor,
94-the chief justice, and the legislative council. The report provided to the
95-legislative council must be in an electronic format under IC 5-14-6.
96-(e) The report required under this section must:
97-(1) include an analysis of:
98-(A) the effect of criminal code reform on:
99-(i) (A) county jails; jail populations;
100-(ii) (B) community corrections programs; agencies;
101-(iii) (C) probation departments; and
102-(iv) (D) courts;
103-(B) (E) recidivism rates;
104-(C) (F) reentry court programs; and
105-(D) (G) data relevant to the availability and effectiveness of
106-mental health and addiction programs for persons who are at
107-risk of entering the criminal justice system, who are in the
108-criminal justice system; and who have left the criminal justice
109-system;
110-(2) track the number of requests for sentence modification that are
111-set for hearing by the court, including the relief granted by the
112-court, if any; The report must include whether the grant or denial
113-of a request for sentence modification was discretionary or
114-mandatory, and whether the prosecuting attorney opposed the
115-request for sentence modification, agreed to the request for
116-sentence modification, or took no position on the request for
117-sentence modification;
118-(3) track, by age and offense, the number of juveniles under the
119-jurisdiction of an adult court due to:
120-(A) lack of jurisdiction under IC 31-30-1-4; or
121-(B) waiver of jurisdiction under IC 31-30-3-2 through
122-SEA 290 4
123-IC 31-30-3-6;
124-(4) track the number of juveniles under the jurisdiction of adult
125-court due to a juvenile court not having jurisdiction of the cases
126-in accordance with IC 31-30-1-4, by:
127-(A) age;
128-(B) sex;
129-(C) race;
130-(D) county of prosecution;
131-(E) offenses charged;
132-(F) convictions received; and
133-(G) sentences received; and
134-(5) track the number of waivers of juvenile court jurisdiction
135-granted under IC 31-30-3-2 through IC 31-30-3-6 by:
136-(A) age;
137-(B) sex;
138-(C) race;
139-(D) charges filed in juvenile court in which a waiver was
140-sought;
141-(E) charges filed in adult court following the waiver of
142-juvenile court jurisdiction;
143-(F) county of prosecution;
144-(G) convictions received; and
145-(H) sentences received.
146-(f) All local units of government and local elected officials,
147-including sheriffs, prosecuting attorneys, judges, and county fiscal
148-bodies, shall cooperate with the institute by providing data as requested
149-by the institute.
150-(g) State agencies, including the department of correction, the
151-Indiana prosecuting attorneys council, the Indiana public defender
152-council, and the office of judicial administration, and the division of
153-mental health and addiction, shall assist the institute by providing
154-requested data in a timely manner.
155-(h) Based on their analysis, the institute and the justice reinvestment
156-advisory council shall include recommendations to improve the
157-criminal justice system in Indiana, with particular emphasis being
158-placed on recommendations that relate to sentencing policies and
159-reform.
160-(i) The institute and the justice reinvestment advisory council shall
161-include research data relevant to their analysis and recommendations
162-in the report.
163-(j) The institute shall:
164-(1) make the data collected under subsection (e)(4) and (e)(5)
165-SEA 290 5
166-available to the public in an annual report, by fiscal year, due by
167-October 30 of each year;
168-(2) post the annual report required by subdivision (1) on the
169-institute's Internet web site; website; and
170-(3) provide a copy of the annual report required by subdivision (1)
171-to the commission on improving the status of children in Indiana
172-established by IC 2-5-36-3.
173-SECTION 3. IC 11-12-2-1, AS AMENDED BY THE TECHNICAL
174-CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
175-AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
176-Sec. 1. (a) For the purpose of encouraging counties to develop a
177-coordinated local corrections-criminal justice system and providing
178-effective alternatives to imprisonment at the state level, the
38+1 SECTION 1. IC 5-2-6-3, AS AMENDED BY P.L.101-2022,
39+2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40+3 JULY 1, 2024]: Sec. 3. The institute is established to do the following:
41+4 (1) Evaluate state and local programs associated with:
42+5 (A) the prevention, detection, and solution of criminal
43+6 offenses;
44+7 (B) law enforcement; and
45+8 (C) the administration of criminal and juvenile justice.
46+9 (2) Participate in statewide collaborative efforts to improve all
47+10 aspects of law enforcement, juvenile justice, and criminal justice
48+11 in this state.
49+12 (3) Stimulate criminal and juvenile justice research.
50+13 (4) Develop new methods for the prevention and reduction of
51+14 crime.
52+15 (5) Prepare applications for funds under the Omnibus Act and the
53+16 Juvenile Justice Act.
54+17 (6) Administer victim and witness assistance funds.
55+ES 290—LS 6457/DI 106 2
56+1 (7) Administer the traffic safety functions assigned to the institute
57+2 under IC 9-27-2.
58+3 (8) Compile and analyze information and disseminate the
59+4 information to persons who make criminal justice decisions in this
60+5 state.
61+6 (9) Serve as the criminal justice statistical analysis center for this
62+7 state.
63+8 (10) Identify grants and other funds that can be used by the
64+9 department of correction to carry out its responsibilities
65+10 concerning sex or violent offender registration under IC 11-8-8.
66+11 (11) Administer the application and approval process for
67+12 designating an area of a consolidated or second class city as a
68+13 public safety improvement area under IC 36-8-19.5.
69+14 (12) Administer funds for the support of any sexual offense
70+15 services.
71+16 (13) Administer funds for the support of domestic violence
72+17 programs.
73+18 (14) Administer funds to support assistance to victims of human
74+19 sexual trafficking offenses as provided in IC 35-42-3.5-4.
75+20 (15) Administer the domestic violence prevention and treatment
76+21 fund under IC 5-2-6.7.
77+22 (16) Administer the family violence and victim assistance fund
78+23 under IC 5-2-6.8.
79+24 (17) Monitor and evaluate criminal code reform the status of
80+25 Indiana's criminal justice system under IC 5-2-6-24.
81+26 (18) Administer the ignition interlock inspection account
82+27 established under IC 9-30-8-7.
83+28 (19) Identify any federal, state, or local grants that can be used to
84+29 assist in the funding and operation of regional holding facilities
85+30 under IC 11-12-6.5.
86+31 (20) Coordinate with state and local criminal justice agencies for
87+32 the collection and transfer of data from sheriffs concerning jail:
88+33 (A) populations; and
89+34 (B) statistics;
90+35 for the purpose of providing jail data to the management
91+36 performance hub established by IC 4-3-26-8.
92+37 (21) Establish and administer the Indiana crime guns task force
93+38 fund under IC 36-8-25.5-8.
94+39 (22) Establish and administer:
95+40 (A) the juvenile diversion and community alternatives grant
96+41 program fund under IC 31-40-5; and
97+42 (B) the juvenile behavioral health competitive grant pilot
98+ES 290—LS 6457/DI 106 3
99+1 program fund under IC 31-40-6.
100+2 SECTION 2. IC 5-2-6-24, AS AMENDED BY P.L.142-2018,
101+3 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
102+4 JULY 1, 2024]: Sec. 24. (a) As used in this section, "criminal code
103+5 reform" refers to statutory provisions relating to criminal law enacted
104+6 by P.L.158-2013 and HEA 1006-2014.
105+7 (b) The institute shall monitor and evaluate criminal code reform
106+8 the status of Indiana's criminal justice system as described in this
107+9 section.
108+10 (c) The institute shall annually gather data and analyze the impact
109+11 of criminal code reform the status of the criminal justice system in
110+12 Indiana, including the impact of current trends on:
111+13 (1) local units of government;
112+14 (2) the department of correction; and
113+15 (3) the office of judicial administration.
114+16 (d) The institute shall prepare an annual report, in conjunction with
115+17 the justice reinvestment advisory council (established by
116+18 IC 33-38-9.5-2), containing the results of its analysis before December
117+19 January 1 of each year. The report shall be provided to the governor,
118+20 the chief justice, and the legislative council. The report provided to the
119+21 legislative council must be in an electronic format under IC 5-14-6.
120+22 (e) The report required under this section must:
121+23 (1) include an analysis of:
122+24 (A) the effect of criminal code reform on:
123+25 (i) (A) county jails; jail populations;
124+26 (ii) (B) community corrections programs; agencies;
125+27 (iii) (C) probation departments; and
126+28 (iv) (D) courts;
127+29 (B) (E) recidivism rates;
128+30 (C) (F) reentry court programs; and
129+31 (D) (G) data relevant to the availability and effectiveness of
130+32 mental health and addiction programs for persons who are at
131+33 risk of entering the criminal justice system, who are in the
132+34 criminal justice system; and who have left the criminal justice
133+35 system;
134+36 (2) track the number of requests for sentence modification that are
135+37 set for hearing by the court, including the relief granted by the
136+38 court, if any; The report must include whether the grant or denial
137+39 of a request for sentence modification was discretionary or
138+40 mandatory, and whether the prosecuting attorney opposed the
139+41 request for sentence modification, agreed to the request for
140+42 sentence modification, or took no position on the request for
141+ES 290—LS 6457/DI 106 4
142+1 sentence modification;
143+2 (3) track, by age and offense, the number of juveniles under the
144+3 jurisdiction of an adult court due to:
145+4 (A) lack of jurisdiction under IC 31-30-1-4; or
146+5 (B) waiver of jurisdiction under IC 31-30-3-2 through
147+6 IC 31-30-3-6;
148+7 (4) track the number of juveniles under the jurisdiction of adult
149+8 court due to a juvenile court not having jurisdiction of the cases
150+9 in accordance with IC 31-30-1-4, by:
151+10 (A) age;
152+11 (B) sex;
153+12 (C) race;
154+13 (D) county of prosecution;
155+14 (E) offenses charged;
156+15 (F) convictions received; and
157+16 (G) sentences received; and
158+17 (5) track the number of waivers of juvenile court jurisdiction
159+18 granted under IC 31-30-3-2 through IC 31-30-3-6 by:
160+19 (A) age;
161+20 (B) sex;
162+21 (C) race;
163+22 (D) charges filed in juvenile court in which a waiver was
164+23 sought;
165+24 (E) charges filed in adult court following the waiver of
166+25 juvenile court jurisdiction;
167+26 (F) county of prosecution;
168+27 (G) convictions received; and
169+28 (H) sentences received.
170+29 (f) All local units of government and local elected officials,
171+30 including sheriffs, prosecuting attorneys, judges, and county fiscal
172+31 bodies, shall cooperate with the institute by providing data as requested
173+32 by the institute.
174+33 (g) State agencies, including the department of correction, the
175+34 Indiana prosecuting attorneys council, the Indiana public defender
176+35 council, and the office of judicial administration, and the division of
177+36 mental health and addiction, shall assist the institute by providing
178+37 requested data in a timely manner.
179+38 (h) Based on their analysis, the institute and the justice reinvestment
180+39 advisory council shall include recommendations to improve the
181+40 criminal justice system in Indiana, with particular emphasis being
182+41 placed on recommendations that relate to sentencing policies and
183+42 reform.
184+ES 290—LS 6457/DI 106 5
185+1 (i) The institute and the justice reinvestment advisory council shall
186+2 include research data relevant to their analysis and recommendations
187+3 in the report.
188+4 (j) The institute shall:
189+5 (1) make the data collected under subsection (e)(4) and (e)(5)
190+6 available to the public in an annual report, by fiscal year, due by
191+7 October 30 of each year;
192+8 (2) post the annual report required by subdivision (1) on the
193+9 institute's Internet web site; website; and
194+10 (3) provide a copy of the annual report required by subdivision (1)
195+11 to the commission on improving the status of children in Indiana
196+12 established by IC 2-5-36-3.
197+13 SECTION 3. IC 11-12-2-1, AS AMENDED BY THE TECHNICAL
198+14 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
199+15 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
200+16 Sec. 1. (a) For the purpose of encouraging counties to develop a
201+17 coordinated local corrections-criminal justice system and providing
202+18 effective alternatives to imprisonment at the state level, the
203+19 commissioner shall, out of funds appropriated for such purposes, make
204+20 grants:
205+21 (1) to counties for the establishment and operation of community
206+22 corrections programs and court supervised recidivism reduction
207+23 programs; and
208+24 (2) to support a probation department, pretrial diversion program,
209+25 or jail treatment program.
210+26 Appropriations intended for this purpose may not be used by the
211+27 department for any other purpose. Money appropriated to the
212+28 department of correction for the purpose of making grants under this
213+29 chapter and any financial aid payments suspended under section 6 of
214+30 this chapter do not revert to the state general fund at the close of any
215+31 fiscal year, but remain available to the department of correction for its
216+32 use in making grants under this chapter.
217+33 (b) Before March 1 of each year, the department shall estimate the
218+34 amount of any operational cost savings that will be realized in the state
219+35 fiscal year ending June 30 from a reduction in the number of
220+36 individuals who are in the custody or made a ward of the department
221+37 of correction (as described in IC 11-8-1-5) that is attributable to the
222+38 sentencing changes made in HEA 1006-2014 as enacted in the 2014
223+39 session of the general assembly. The department shall make the
224+40 estimate under this subsection based on the best available information.
225+41 If the department estimates that operational cost savings described in
226+42 this subsection will be realized in the state fiscal year, the following
227+ES 290—LS 6457/DI 106 6
228+1 apply to the department:
229+2 (1) The department shall certify the estimated amount of
230+3 operational cost savings that will be realized to the budget agency
231+4 and to the auditor of state comptroller.
232+5 (2) The department may, after review by the budget committee
233+6 and approval by the budget agency, make additional grants as
234+7 provided in this chapter to:
235+8 (A) county jails to provide evidence based mental health and
236+9 addiction forensic treatment services; and
237+10 (B) counties for the establishment and operation of pretrial
238+11 release programs, diversion programs, community corrections
239+12 programs, and court supervised recidivism reduction
240+13 programs;
241+14 from funds appropriated to the department for the department's
242+15 operating expenses for the state fiscal year.
243+16 (3) The maximum aggregate amount of additional grants and
244+17 transfers that may be made by the department under subdivision
245+18 (2) for the state fiscal year may not exceed the lesser of:
246+19 (A) the amount of operational cost savings certified under
247+20 subdivision (1); or
248+21 (B) eleven million dollars ($11,000,000).
249+22 Notwithstanding P.L.205-2013 (HEA 1001-2013), the amount of funds
250+23 necessary to make any additional grants authorized and approved under
251+24 this subsection and for any transfers authorized and approved under
252+25 this subsection, and for providing the additional financial aid to courts
253+26 from transfers authorized and approved under this subsection, is
254+27 appropriated for those purposes for the state fiscal year, and the amount
255+28 of the department's appropriation for operating expenses for the state
256+29 fiscal year is reduced by a corresponding amount.
257+30 (c) The commissioner shall coordinate with the division of mental
258+31 health and addiction in issuing community corrections and court
259+32 supervised recidivism reduction program grants to programs that
260+33 provide alternative sentencing projects for persons with mental illness,
261+34 addictive disorders, intellectual disabilities, and developmental
262+35 disabilities. Programs for addictive disorders may include:
263+36 (1) addiction counseling;
264+37 (2) inpatient detoxification; and
265+38 (3) medication assisted treatment, including a federal Food and
266+39 Drug Administration approved long acting, nonaddictive
267+40 medication for the treatment of opioid or alcohol dependence.
268+41 (d) Grants awarded under this chapter:
269+42 (1) must focus on funding evidence based programs, including
270+ES 290—LS 6457/DI 106 7
271+1 programs that address cognitive behavior, that have as a primary
272+2 goal the purpose of reforming offenders; and
273+3 (2) may be used for technology based programs, including an
274+4 electronic monitoring program.
275+5 (e) Before the tenth day of each month, the department shall
276+6 compile the following information with respect to the previous month:
277+7 (1) The number of persons committed to the department.
278+8 (2) The number of persons:
279+9 (A) confined in a department facility;
280+10 (B) participating in a community corrections program; and
281+11 (C) confined in a local jail under contract with or on behalf of
282+12 the department.
283+13 (3) For each facility operated by the department:
284+14 (A) the number of beds in each facility; and
285+15 (B) the number of inmates housed in the facility.
286+16 (C) the highest felony classification of each inmate housed in
287+17 the facility; and
288+18 (D) a list of all felonies for which persons housed in the
289+19 facility have been sentenced.
290+20 (4) The number of persons committed to the department for
291+21 a Level 6 felony.
292+22 (f) The department shall:
293+23 (1) quarterly submit a report to the budget committee; and
294+24 (2) monthly submit a report to the justice reinvestment advisory
295+25 council (as established in IC 33-38-9.5-2);
296+26 of the information compiled by the department under subsection (e).
297+27 The report to the budget committee must be submitted in a form
298+28 approved by the budget committee, and the report to the advisory
299+29 council must be in a form approved by the advisory council.
300+30 SECTION 4. IC 33-38-9.5-2, AS AMENDED BY P.L.114-2022,
301+31 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
302+32 JULY 1, 2024]: Sec. 2. (a) The justice reinvestment advisory council
303+33 is established. The advisory council consists of the following members:
304+34 (1) The executive director of the Indiana public defender council
305+35 or the executive director's designee.
306+36 (2) The executive director of the Indiana prosecuting attorneys
307+37 council or the executive director's designee.
308+38 (3) The director of the division of mental health and addiction or
309+39 the director's designee.
310+40 (4) The president of the Indiana Sheriffs' Association or the
311+41 president's designee.
312+42 (5) The commissioner of the Indiana department of correction or
313+ES 290—LS 6457/DI 106 8
314+1 the commissioner's designee.
315+2 (6) The chief administrative officer of the office of judicial
316+3 administration or the chief administrative officer's designee.
317+4 (7) The executive director of the Indiana criminal justice institute
318+5 or the executive director's designee.
319+6 (8) The president of the Indiana Association of Community
320+7 Corrections Act Counties or the president's designee.
321+8 (9) The president of the Probation Officers Professional
322+9 Association of Indiana or the president's designee.
323+10 (10) The budget director or the budget director's designee.
324+11 (11) The executive director of the Association of Indiana Counties
325+12 or the executive director's designee.
326+13 (12) The president of the Indiana Judges Association or the
327+14 president's designee.
328+15 (13) The chair of the Indiana public defender commission or the
329+16 chair's designee.
330+17 (14) The chair of the senate corrections and criminal law
331+18 committee or the chair's designee.
332+19 (15) The ranking minority member of the senate corrections and
333+20 criminal law committee or the ranking minority member's
334+21 designee.
335+22 (16) The chair of the house courts and criminal code committee
336+23 or the chair's designee.
337+24 (17) The ranking minority member of the house courts and
338+25 criminal code committee or the ranking minority member's
339+26 designee.
340+27 (18) The governor or the governor's designee.
341+28 (19) The president and chief executive officer of the Indiana
342+29 Council of Community Mental Health Centers or the president
343+30 and chief executive officer's designee.
344+31 (20) The president and chief executive officer of Mental Health
345+32 America of Indiana or the president and chief executive officer's
346+33 designee.
347+34 (b) The chief justice or the chief justice's designee shall serve as
348+35 chairperson of the advisory council.
349+36 (c) The duties of the advisory council include:
350+37 (1) reviewing and evaluating state and local criminal justice
351+38 systems and corrections programs, including pretrial services,
352+39 behavioral health treatment and recovery services, community
353+40 corrections, county jails, parole, and probation services;
354+41 (2) reviewing the processes used by the department of correction
355+42 and the division of mental health and addiction in awarding
356+ES 290—LS 6457/DI 106 9
357+1 grants;
358+2 (3) reviewing and evaluating jail overcrowding to identify a range
359+3 of possible solutions;
360+4 (4) coordinating with other criminal justice funding sources;
361+5 (5) establishing committees to inform the work of the advisory
362+6 council; and
363+7 (6) performing other relevant duties as determined by the advisory
364+8 council.
365+9 (d) The advisory council may make recommendations to:
366+10 (1) the department of correction, community corrections advisory
367+11 boards, and the division of mental health and addiction
368+12 concerning the award of grants;
369+13 (2) criminal justice systems and corrections programs concerning
370+14 best practices to improve outcomes of persons under supervision;
371+15 (3) the Indiana general assembly concerning legislation and
372+16 funding for criminal justice initiatives;
373+17 (4) the Indiana criminal justice institute concerning criminal
374+18 justice funding priorities;
375+19 (5) the office of judicial administration concerning veterans
376+20 problem-solving court grants; and
377+21 (6) the county sheriffs concerning strategies to address jail
378+22 overcrowding and implementing evidence based practices for
379+23 reducing recidivism for individuals in county jails.
380+24 (e) The office of judicial administration shall staff the advisory
381+25 council.
382+26 (f) The expenses of the advisory council shall be paid by the office
383+27 of judicial administration from funds appropriated to the office of
384+28 judicial administration for the administrative costs of the justice
385+29 reinvestment advisory council.
386+30 (g) A member of the advisory council is not entitled to the minimum
387+31 salary per diem provided by IC 4-10-11-2.1(b). The member is,
388+32 however, entitled to reimbursement for traveling expenses as provided
389+33 under IC 4-13-1-4 and other expenses actually incurred in connection
390+34 with the member's duties as provided in the state policies and
391+35 procedures established by the Indiana department of administration and
392+36 approved by the budget agency.
393+37 (h) The affirmative votes of a majority of the voting members
394+38 appointed to the advisory council are required for the advisory council
395+39 to take action on any measure.
396+40 (i) The advisory council shall meet as necessary to:
397+41 (1) work with the department of correction and the division of
398+42 mental health and addiction to establish the grant criteria and
399+ES 290—LS 6457/DI 106 10
400+1 grant reporting requirements described in subsection (m);
401+2 (2) review grant applications;
402+3 (3) make recommendations and provide feedback to the
403+4 department of correction and the division of mental health and
404+5 addiction concerning grants to be awarded;
405+6 (4) review grants awarded by the department of correction and the
406+7 division of mental health and addiction; and
407+8 (5) suggest areas and programs in which the award of future
408+9 grants might be beneficial.
409+10 (j) The advisory council, in conjunction with the Indiana criminal
410+11 justice institute, shall jointly issue an annual report under IC 5-2-6-24.
411+12 (k) The advisory council shall review the composition of the
412+13 community corrections advisory board described in IC 11-12-2-2 and
413+14 make a recommendation to the legislative council in an electronic
414+15 format under IC 5-14-6 before November 1, 2022, regarding how to
415+16 reduce the membership of a community corrections advisory board and
416+17 the recommended membership for a community corrections advisory
417+18 board.
418+19 (l) Any entity that receives funds:
419+20 (1) recommended by the advisory council; and
420+21 (2) appropriated by the department of correction;
421+22 for the purpose of providing additional treatment or supervision
422+23 services shall provide the information described in subsection (m) to
423+24 the department of correction to aid in the compilation of the report
424+25 described in subsection (j).
425+26 (m) The department of correction shall provide the advisory council
426+27 with the following information:
427+28 (1) The total number of participants, categorized by offense level,
428+29 of most serious offense, who were served by the entity through
429+30 funds described in subsection (l).
430+31 (2) The percentage of participants, categorized by level of most
431+32 serious offense, who completed a treatment program, service, or
432+33 level of supervision.
433+34 (3) The percentage of participants, categorized by level of most
434+35 serious offense, who were discharged from a treatment program,
435+36 service, or level of supervision.
436+37 (4) (2) The percentage total number of participants, categorized
437+38 by offense level, of most serious offense, who (A) completed a
438+39 funded treatment program, service, or level of supervision. and
439+40 (B) were subsequently committed to the department of
440+41 correction;
441+42 within twenty-four (24) months after completing the funded
442+ES 290—LS 6457/DI 106 11
443+1 treatment program, service, or level of supervision.
444+2 (5) (3) The percentage total number of participants, categorized
445+3 by offense level, of most serious offense, who were (A)
446+4 discharged from a funded treatment program, service, or level of
447+5 supervision. and
448+6 (B) subsequently committed to the department of correction;
449+7 within twenty-four (24) months after being discharged from the
450+8 funded treatment program, service, or level of supervision.
451+9 (6) The total number of participants who completed a funded
452+10 treatment program, service, or level of supervision.
453+11 (7) The total number of participants who:
454+12 (A) completed a funded treatment program, service, or level of
455+13 supervision; and
456+14 (B) were legally employed.
457+15 (8) Any other information relevant to the funding of the entity as
458+16 described in subsection (l).
459+17 SECTION 5. IC 35-33-8-12, AS ADDED BY P.L.138-2020,
460+18 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
461+19 JULY 1, 2024]: Sec. 12. (a) As used in this section, "disposition" has
462+20 the meaning set forth in section 3.2(c) of this chapter.
463+21 (b) The Indiana criminal justice institute shall collect the following
464+22 data from each court exercising criminal jurisdiction in Indiana:
465+23 (1) Of those defendants who are released on personal
466+24 recognizance, the number of defendants who are rearrested
467+25 charged with another offense before the disposition of the
468+26 defendant's prior charges.
469+27 (2) Of those defendants who are released pursuant to the payment
470+28 of money bail, of one thousand dollars ($1,000) or less, the
471+29 number of defendants who are rearrested charged with another
472+30 offense before the disposition of the defendant's prior charges.
473+31 (c) Data collected under subsection (b) shall be compiled in such a
474+32 manner to present the rearrest rate at which defendants are charged
475+33 with another offense for:
476+34 (1) the entire state; and
477+35 (2) each county. and
478+36 (3) each circuit, superior, city, and town court, including each
479+37 separate division of each court, if applicable.
480+38 (d) The Indiana criminal justice institute shall, before August 1,
481+39 2021, and before August 1 of each year thereafter, submit an annual
482+40 report containing the information collected under this section to the
483+41 legislative council in an electronic format under IC 5-14-6. The initial
484+42 report submitted by the Indiana criminal justice institute before August
485+ES 290—LS 6457/DI 106 12
486+1 1, 2021, must also include all data described in subsection (b) for the
487+2 period beginning after December 31, 2019, through December 31,
488+3 2020.
489+ES 290—LS 6457/DI 106 13
490+COMMITTEE REPORT
491+Madam President: The Senate Committee on Corrections and
492+Criminal Law, to which was referred Senate Bill No. 290, has had the
493+same under consideration and begs leave to report the same back to the
494+Senate with the recommendation that said bill be AMENDED as
495+follows:
496+Page 3, line 18, strike "December" and insert "January".
497+Page 5, delete lines 13 through 42, begin a new paragraph and
498+insert:
499+"SECTION 3. IC 11-12-2-1, AS AMENDED BY THE
500+TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
501+ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
502+JULY 1, 2024]: Sec. 1. (a) For the purpose of encouraging counties to
503+develop a coordinated local corrections-criminal justice system and
504+providing effective alternatives to imprisonment at the state level, the
179505 commissioner shall, out of funds appropriated for such purposes, make
180506 grants:
181507 (1) to counties for the establishment and operation of community
182508 corrections programs and court supervised recidivism reduction
183509 programs; and
184510 (2) to support a probation department, pretrial diversion program,
185511 or jail treatment program.
186512 Appropriations intended for this purpose may not be used by the
187513 department for any other purpose. Money appropriated to the
188514 department of correction for the purpose of making grants under this
189515 chapter and any financial aid payments suspended under section 6 of
190516 this chapter do not revert to the state general fund at the close of any
191517 fiscal year, but remain available to the department of correction for its
192518 use in making grants under this chapter.
193519 (b) Before March 1 of each year, the department shall estimate the
194520 amount of any operational cost savings that will be realized in the state
195521 fiscal year ending June 30 from a reduction in the number of
196522 individuals who are in the custody or made a ward of the department
197523 of correction (as described in IC 11-8-1-5) that is attributable to the
198524 sentencing changes made in HEA 1006-2014 as enacted in the 2014
199525 session of the general assembly. The department shall make the
200526 estimate under this subsection based on the best available information.
201527 If the department estimates that operational cost savings described in
202528 this subsection will be realized in the state fiscal year, the following
203529 apply to the department:
204530 (1) The department shall certify the estimated amount of
531+ES 290—LS 6457/DI 106 14
205532 operational cost savings that will be realized to the budget agency
206533 and to the auditor of state comptroller.
207534 (2) The department may, after review by the budget committee
208-SEA 290 6
209535 and approval by the budget agency, make additional grants as
210536 provided in this chapter to:
211537 (A) county jails to provide evidence based mental health and
212538 addiction forensic treatment services; and
213539 (B) counties for the establishment and operation of pretrial
214540 release programs, diversion programs, community corrections
215541 programs, and court supervised recidivism reduction
216542 programs;
217543 from funds appropriated to the department for the department's
218544 operating expenses for the state fiscal year.
219545 (3) The maximum aggregate amount of additional grants and
220546 transfers that may be made by the department under subdivision
221547 (2) for the state fiscal year may not exceed the lesser of:
222548 (A) the amount of operational cost savings certified under
223549 subdivision (1); or
224550 (B) eleven million dollars ($11,000,000).
225551 Notwithstanding P.L.205-2013 (HEA 1001-2013), the amount of funds
226552 necessary to make any additional grants authorized and approved under
227553 this subsection and for any transfers authorized and approved under
228554 this subsection, and for providing the additional financial aid to courts
229555 from transfers authorized and approved under this subsection, is
230556 appropriated for those purposes for the state fiscal year, and the amount
231557 of the department's appropriation for operating expenses for the state
232558 fiscal year is reduced by a corresponding amount.
233559 (c) The commissioner shall coordinate with the division of mental
234560 health and addiction in issuing community corrections and court
235561 supervised recidivism reduction program grants to programs that
236562 provide alternative sentencing projects for persons with mental illness,
237563 addictive disorders, intellectual disabilities, and developmental
238564 disabilities. Programs for addictive disorders may include:
239565 (1) addiction counseling;
240566 (2) inpatient detoxification; and
241567 (3) medication assisted treatment, including a federal Food and
242568 Drug Administration approved long acting, nonaddictive
243569 medication for the treatment of opioid or alcohol dependence.
244570 (d) Grants awarded under this chapter:
245571 (1) must focus on funding evidence based programs, including
246572 programs that address cognitive behavior, that have as a primary
247573 goal the purpose of reforming offenders; and
574+ES 290—LS 6457/DI 106 15
248575 (2) may be used for technology based programs, including an
249576 electronic monitoring program.
250577 (e) Before the tenth day of each month, the department shall
251-SEA 290 7
252578 compile the following information with respect to the previous month:
253579 (1) The number of persons committed to the department.
254580 (2) The number of persons:
255581 (A) confined in a department facility;
256582 (B) participating in a community corrections program; and
257583 (C) confined in a local jail under contract with or on behalf of
258584 the department.
259585 (3) For each facility operated by the department:
260586 (A) the number of beds in each facility; and
261587 (B) the number of inmates housed in the facility.
262588 (C) the highest felony classification of each inmate housed in
263589 the facility; and
264590 (D) a list of all felonies for which persons housed in the
265591 facility have been sentenced.
266592 (4) The number of persons committed to the department for
267593 a Level 6 felony.
268594 (f) The department shall:
269595 (1) quarterly submit a report to the budget committee; and
270596 (2) monthly submit a report to the justice reinvestment advisory
271597 council (as established in IC 33-38-9.5-2);
272598 of the information compiled by the department under subsection (e).
273599 The report to the budget committee must be submitted in a form
274600 approved by the budget committee, and the report to the advisory
275-council must be in a form approved by the advisory council.
276-SECTION 4. IC 33-38-9.5-2, AS AMENDED BY P.L.114-2022,
277-SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
278-JULY 1, 2024]: Sec. 2. (a) The justice reinvestment advisory council
279-is established. The advisory council consists of the following members:
280-(1) The executive director of the Indiana public defender council
281-or the executive director's designee.
282-(2) The executive director of the Indiana prosecuting attorneys
283-council or the executive director's designee.
284-(3) The director of the division of mental health and addiction or
285-the director's designee.
286-(4) The president of the Indiana Sheriffs' Association or the
287-president's designee.
288-(5) The commissioner of the Indiana department of correction or
289-the commissioner's designee.
290-(6) The chief administrative officer of the office of judicial
291-administration or the chief administrative officer's designee.
292-(7) The executive director of the Indiana criminal justice institute
293-or the executive director's designee.
294-SEA 290 8
295-(8) The president of the Indiana Association of Community
296-Corrections Act Counties or the president's designee.
297-(9) The president of the Probation Officers Professional
298-Association of Indiana or the president's designee.
299-(10) The budget director or the budget director's designee.
300-(11) The executive director of the Association of Indiana Counties
301-or the executive director's designee.
302-(12) The president of the Indiana Judges Association or the
303-president's designee.
304-(13) The chair of the Indiana public defender commission or the
305-chair's designee.
306-(14) The chair of the senate corrections and criminal law
307-committee or the chair's designee.
308-(15) The ranking minority member of the senate corrections and
309-criminal law committee or the ranking minority member's
310-designee.
311-(16) The chair of the house courts and criminal code committee
312-or the chair's designee.
313-(17) The ranking minority member of the house courts and
314-criminal code committee or the ranking minority member's
315-designee.
316-(18) The governor or the governor's designee.
317-(19) The president and chief executive officer of the Indiana
318-Council of Community Mental Health Centers or the president
319-and chief executive officer's designee.
320-(20) The president and chief executive officer of Mental Health
321-America of Indiana or the president and chief executive officer's
322-designee.
323-(b) The chief justice or the chief justice's designee shall serve as
324-chairperson of the advisory council.
325-(c) The duties of the advisory council include:
326-(1) reviewing and evaluating state and local criminal justice
327-systems and corrections programs, including pretrial services,
328-behavioral health treatment and recovery services, community
329-corrections, county jails, parole, and probation services;
330-(2) reviewing the processes used by the department of correction
331-and the division of mental health and addiction in awarding
332-grants;
333-(3) reviewing and evaluating jail overcrowding to identify a range
334-of possible solutions;
335-(4) coordinating with other criminal justice funding sources;
336-(5) establishing committees to inform the work of the advisory
337-SEA 290 9
338-council; and
339-(6) performing other relevant duties as determined by the advisory
340-council.
341-(d) The advisory council may make recommendations to:
342-(1) the department of correction, community corrections advisory
343-boards, and the division of mental health and addiction
344-concerning the award of grants;
345-(2) criminal justice systems and corrections programs concerning
346-best practices to improve outcomes of persons under supervision;
347-(3) the Indiana general assembly concerning legislation and
348-funding for criminal justice initiatives;
349-(4) the Indiana criminal justice institute concerning criminal
350-justice funding priorities;
351-(5) the office of judicial administration concerning veterans
352-problem-solving court grants; and
353-(6) the county sheriffs concerning strategies to address jail
354-overcrowding and implementing evidence based practices for
355-reducing recidivism for individuals in county jails.
356-(e) The office of judicial administration shall staff the advisory
357-council.
358-(f) The expenses of the advisory council shall be paid by the office
359-of judicial administration from funds appropriated to the office of
360-judicial administration for the administrative costs of the justice
361-reinvestment advisory council.
362-(g) A member of the advisory council is not entitled to the minimum
363-salary per diem provided by IC 4-10-11-2.1(b). The member is,
364-however, entitled to reimbursement for traveling expenses as provided
365-under IC 4-13-1-4 and other expenses actually incurred in connection
366-with the member's duties as provided in the state policies and
367-procedures established by the Indiana department of administration and
368-approved by the budget agency.
369-(h) The affirmative votes of a majority of the voting members
370-appointed to the advisory council are required for the advisory council
371-to take action on any measure.
372-(i) The advisory council shall meet as necessary to:
373-(1) work with the department of correction and the division of
374-mental health and addiction to establish the grant criteria and
375-grant reporting requirements described in subsection (m);
376-(2) review grant applications;
377-(3) make recommendations and provide feedback to the
378-department of correction and the division of mental health and
379-addiction concerning grants to be awarded;
380-SEA 290 10
381-(4) review grants awarded by the department of correction and the
382-division of mental health and addiction; and
383-(5) suggest areas and programs in which the award of future
384-grants might be beneficial.
385-(j) The advisory council, in conjunction with the Indiana criminal
386-justice institute, shall jointly issue an annual report under IC 5-2-6-24.
387-(k) The advisory council shall review the composition of the
388-community corrections advisory board described in IC 11-12-2-2 and
389-make a recommendation to the legislative council in an electronic
390-format under IC 5-14-6 before November 1, 2022, regarding how to
391-reduce the membership of a community corrections advisory board and
392-the recommended membership for a community corrections advisory
393-board.
394-(l) Any entity that receives funds:
395-(1) recommended by the advisory council; and
396-(2) appropriated by the department of correction;
397-for the purpose of providing additional treatment or supervision
398-services shall provide the information described in subsection (m) to
399-the department of correction to aid in the compilation of the report
400-described in subsection (j).
401-(m) The department of correction shall provide the advisory council
402-with the following information:
403-(1) The total number of participants, categorized by offense level,
404-of most serious offense, who were served by the entity through
405-funds described in subsection (l).
406-(2) The percentage of participants, categorized by level of most
407-serious offense, who completed a treatment program, service, or
408-level of supervision.
409-(3) The percentage of participants, categorized by level of most
410-serious offense, who were discharged from a treatment program,
411-service, or level of supervision.
412-(4) (2) The percentage total number of participants, categorized
413-by offense level, of most serious offense, who (A) completed a
414-funded treatment program, service, or level of supervision. and
415-(B) were subsequently committed to the department of
416-correction;
417-within twenty-four (24) months after completing the funded
418-treatment program, service, or level of supervision.
419-(5) (3) The percentage total number of participants, categorized
420-by offense level, of most serious offense, who were (A)
421-discharged from a funded treatment program, service, or level of
422-supervision. and
423-SEA 290 11
424-(B) subsequently committed to the department of correction;
425-within twenty-four (24) months after being discharged from the
426-funded treatment program, service, or level of supervision.
427-(6) The total number of participants who completed a funded
428-treatment program, service, or level of supervision.
429-(7) The total number of participants who:
430-(A) completed a funded treatment program, service, or level of
431-supervision; and
432-(B) were legally employed.
433-(8) Any other information relevant to the funding of the entity as
434-described in subsection (l).
435-SECTION 5. IC 35-33-8-12, AS ADDED BY P.L.138-2020,
436-SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
437-JULY 1, 2024]: Sec. 12. (a) As used in this section, "disposition" has
438-the meaning set forth in section 3.2(c) of this chapter.
439-(b) The Indiana criminal justice institute shall collect the following
440-data from each court exercising criminal jurisdiction in Indiana:
441-(1) Of those defendants who are released on personal
442-recognizance, the number of defendants who are rearrested
443-charged with another offense before the disposition of the
444-defendant's prior charges.
445-(2) Of those defendants who are released pursuant to the payment
446-of money bail, of one thousand dollars ($1,000) or less, the
447-number of defendants who are rearrested charged with another
448-offense before the disposition of the defendant's prior charges.
449-(c) Data collected under subsection (b) shall be compiled in such a
450-manner to present the rearrest rate at which defendants are charged
451-with another offense for:
452-(1) the entire state; and
453-(2) each county. and
454-(3) each circuit, superior, city, and town court, including each
455-separate division of each court, if applicable.
456-(d) The Indiana criminal justice institute shall, before August 1,
457-2021, and before August 1 of each year thereafter, submit an annual
458-report containing the information collected under this section to the
459-legislative council in an electronic format under IC 5-14-6. The initial
460-report submitted by the Indiana criminal justice institute before August
461-1, 2021, must also include all data described in subsection (b) for the
462-period beginning after December 31, 2019, through December 31,
463-2020.
464-SEA 290 President of the Senate
465-President Pro Tempore
466-Speaker of the House of Representatives
467-Governor of the State of Indiana
468-Date: Time:
469-SEA 290
601+council must be in a form approved by the advisory council.".
602+Delete page 6.
603+Page 7, delete lines 1 through 28.
604+Renumber all SECTIONS consecutively.
605+and when so amended that said bill do pass.
606+(Reference is to SB 290 as introduced.)
607+FREEMAN, Chairperson
608+Committee Vote: Yeas 6, Nays 0.
609+ES 290—LS 6457/DI 106 16
610+COMMITTEE REPORT
611+Mr. Speaker: Your Committee on Courts and Criminal Code, to
612+which was referred Senate Bill 290, has had the same under
613+consideration and begs leave to report the same back to the House with
614+the recommendation that said bill do pass.
615+(Reference is to SB 290 as printed January 31, 2024.)
616+MCNAMARA
617+Committee Vote: Yeas 12, Nays 0
618+ES 290—LS 6457/DI 106