1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1227 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 36-8-10-21. |
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7 | 7 | | Synopsis: Jail commissary fund reporting. Requires a sheriff to |
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8 | 8 | | provide a copy of a jail commissary fund's receipts and disbursements |
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9 | 9 | | to the county fiscal body on a monthly basis, due not later than the fifth |
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10 | 10 | | day of the following month. (Under current law, a copy must be |
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11 | 11 | | provided on a semiannual basis, due on July 1 and December 31 of |
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12 | 12 | | each year.) Requires a sheriff to appear in person before the county |
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13 | 13 | | fiscal body once each year to present an annual report on a jail |
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14 | 14 | | commissary fund's receipts and disbursements. Makes a technical |
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15 | 15 | | correction. |
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16 | 16 | | Effective: July 1, 2025. |
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17 | 17 | | Dant Chesser |
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18 | 18 | | January 9, 2025, read first time and referred to Committee on Local Government. |
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19 | 19 | | 2025 IN 1227—LS 7356/DI 137 Introduced |
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20 | 20 | | First Regular Session of the 124th General Assembly (2025) |
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21 | 21 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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22 | 22 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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23 | 23 | | additions will appear in this style type, and deletions will appear in this style type. |
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24 | 24 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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25 | 25 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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26 | 26 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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27 | 27 | | a new provision to the Indiana Code or the Indiana Constitution. |
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28 | 28 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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29 | 29 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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30 | 30 | | HOUSE BILL No. 1227 |
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31 | 31 | | A BILL FOR AN ACT to amend the Indiana Code concerning local |
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32 | 32 | | government. |
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33 | 33 | | Be it enacted by the General Assembly of the State of Indiana: |
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34 | 34 | | 1 SECTION 1. IC 36-8-10-21, AS AMENDED BY P.L.216-2007, |
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35 | 35 | | 2 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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36 | 36 | | 3 JULY 1, 2025]: Sec. 21. (a) This section applies to any county that has |
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37 | 37 | | 4 a jail commissary that sells merchandise to inmates. |
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38 | 38 | | 5 (b) A jail commissary fund is established, referred to in this section |
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39 | 39 | | 6 as "the fund". The fund is separate from the general fund, and money |
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40 | 40 | | 7 in the fund does not revert to the general fund. |
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41 | 41 | | 8 (c) The sheriff, or the sheriff's designee, shall deposit all money |
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42 | 42 | | 9 from commissary sales into the fund, which the sheriff or the sheriff's |
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43 | 43 | | 10 designee shall keep in a depository designated under IC 5-13-8. |
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44 | 44 | | 11 (d) The sheriff, or the sheriff's designee, at the sheriff's or the |
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45 | 45 | | 12 sheriff's designee's discretion and without appropriation by the county |
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46 | 46 | | 13 fiscal body, may disburse money from the fund for: |
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47 | 47 | | 14 (1) merchandise for resale to inmates through the commissary; |
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48 | 48 | | 15 (2) expenses of operating the commissary, including, but not |
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49 | 49 | | 16 limited to, facilities and personnel; |
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50 | 50 | | 17 (3) special training in law enforcement for employees of the |
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51 | 51 | | 2025 IN 1227—LS 7356/DI 137 2 |
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52 | 52 | | 1 sheriff's department; |
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53 | 53 | | 2 (4) equipment installed in the county jail; |
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54 | 54 | | 3 (5) equipment, including vehicles and computers, computer |
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55 | 55 | | 4 software, communication devices, office machinery and |
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56 | 56 | | 5 furnishings, cameras and photographic equipment, animals, |
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57 | 57 | | 6 animal training, holding and feeding equipment and supplies, or |
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58 | 58 | | 7 attire used by an employee of the sheriff's department in the |
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59 | 59 | | 8 course of the employee's official duties; |
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60 | 60 | | 9 (6) an activity provided to maintain order and discipline among |
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61 | 61 | | 10 the inmates of the county jail; |
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62 | 62 | | 11 (7) an activity or program of the sheriff's department intended to |
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63 | 63 | | 12 reduce or prevent occurrences of criminal activity, including the |
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64 | 64 | | 13 following: |
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65 | 65 | | 14 (A) Substance abuse. |
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66 | 66 | | 15 (B) Child abuse. |
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67 | 67 | | 16 (C) Domestic violence. |
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68 | 68 | | 17 (D) Drinking and driving. |
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69 | 69 | | 18 (E) Juvenile delinquency; |
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70 | 70 | | 19 (8) expenses related to the establishment, operation, or |
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71 | 71 | | 20 maintenance of the sex and violent offender registry web site |
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72 | 72 | | 21 website under IC 36-2-13-5.5; or |
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73 | 73 | | 22 (9) any other purpose that benefits the sheriff's department that is |
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74 | 74 | | 23 mutually agreed upon by the county fiscal body and the county |
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75 | 75 | | 24 sheriff. |
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76 | 76 | | 25 Money disbursed from the fund under this subsection must be |
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77 | 77 | | 26 supplemental or in addition to, rather than a replacement for, regular |
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78 | 78 | | 27 appropriations made to carry out the purposes listed in subdivisions (1) |
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79 | 79 | | 28 through (8). (9). |
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80 | 80 | | 29 (e) The sheriff shall maintain a record of the fund's receipts and |
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81 | 81 | | 30 disbursements. The state board of accounts shall prescribe the form for |
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82 | 82 | | 31 this record. The sheriff shall semiannually provide a copy of this record |
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83 | 83 | | 32 of receipts and disbursements on a monthly basis to the county fiscal |
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84 | 84 | | 33 body. The semiannual monthly reports are due on July 1 and |
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85 | 85 | | 34 December 31 of each year. not later than the fifth day of the |
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86 | 86 | | 35 following month. The sheriff shall appear in person before the |
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87 | 87 | | 36 county fiscal body once each year to present an annual report on |
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88 | 88 | | 37 the fund's receipts and disbursements. |
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89 | 89 | | 2025 IN 1227—LS 7356/DI 137 |
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