Indiana 2025 Regular Session

Indiana Senate Bill SB0231 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0231.2
	2	+	Reprinted
	3	+	March 18, 2025
	4	+	ENGROSSED
	5	+	SENATE BILL No. 231
	6	+	_____
	7	+	DIGEST OF SB 231 (Updated March 17, 2025 2:04 pm - DI 106)
	8	+	Citations Affected: IC 11-10; IC 11-12; IC 31-31.
	9	+	Synopsis: Various corrections matters. Eliminates requirements that
	10	+	the department of correction: (1) maintain farm programs for offenders
	11	+	committed to the department; and (2) prepare a report calculating the
	12	+	savings realized as a result of sentencing changes. Replaces a reference
	13	+	to a rule repealed by the department of correction with a requirement
	14	+	that the custody and treatment of juveniles meet the standards and
	15	+	licensing requirements adopted in the administrative rules of the
	16	+	department. Requires the department of correction to consult with the
	17	+	Indiana department of health to establish minimum prenatal and
	18	+	postnatal standards of care for confined offenders.
	19	+	Effective: Upon passage; February 28, 2025 (retroactive); July 1,
	20	+	2025.
	21	+	Bohacek, Carrasco
	22	+	(HOUSE SPONSORS — BARTELS, SWEET)
	23	+	January 8, 2025, read first time and referred to Committee on Corrections and Criminal
	24	+	Law.
	25	+	February 13, 2025, amended, reported favorably — Do Pass.
	26	+	February 18, 2025, read second time, amended, ordered engrossed.
	27	+	February 19, 2025, engrossed.
	28	+	February 20, 2025, read third time, passed. Yeas 48, nays 1.
	29	+	HOUSE ACTION
	30	+	March 3, 2025, read first time and referred to Committee on Courts and Criminal Code.
	31	+	March 13, 2025, reported — Do Pass.
	32	+	March 17, 2025, read second time, amended, ordered engrossed.
	33	+	ES 231—LS 6849/DI 51 Reprinted
	34	+	March 18, 2025
1	35		First Regular Session of the 124th General Assembly (2025)
2	36		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	37		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	38		additions will appear in this style type, and deletions will appear in this style type.
5	39		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	40		provision adopted), the text of the new provision will appear in this style type. Also, the
7	41		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	42		a new provision to the Indiana Code or the Indiana Constitution.
9	43		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	44		between statutes enacted by the 2024 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 231
12		-	AN ACT to amend the Indiana Code concerning corrections.
	45	+	ENGROSSED
	46	+	SENATE BILL No. 231
	47	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	48	+	corrections.
13	49		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 11-10-6-1 IS AMENDED TO READ AS
15		-	FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) There is hereby
16		-	established an industry and farm product advisory council to assist the
17		-	department in determining the need for products, the estimated volume
18		-	or number of units required, pricing policies, and other matters relating
19		-	to sales or promotion of such products manufactured or produced
20		-	within the correctional system. The commissioner shall inform the
21		-	council each year of the estimated number of offenders required to be
22		-	employed at each institution during the year by the department and the
23		-	offender work schedules for industry and farm production. With data
24		-	furnished by the department, the council shall recommend to the
25		-	commissioner an annual sales and production plan for all industry and
26		-	farm programs. The council shall study and advise in such other areas
27		-	or matters as may be referred by the commissioner or the administrator
28		-	in charge of industry and farm programs.
29		-	(b) The council shall meet annually or at such other times as the
30		-	commissioner considers necessary. The council is composed of the
31		-	following members:
32		-	(1) the commissioner, who shall be chairman;
33		-	(2) the commissioner of the department of administration;
34		-	(3) the state budget director;
35		-	(4) the administrator in charge of the industry and farm programs,
36		-	SEA 231 — CC 1 2
37		-	who shall act as secretary of the council; and
38		-	(5) the commissioner, at his discretion, may appoint two (2)
39		-	persons who are major users of industry and farm products or who
40		-	represent the general public.
41		-	SECTION 2. IC 11-10-6-2 IS AMENDED TO READ AS
42		-	FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The department
43		-	shall establish, maintain, and operate industry and farm programs for
44		-	offenders designed to equip the participant with a marketable skill
45		-	which will provide to the participant a means of earning a livelihood
46		-	upon the participant's return to the community. The department shall
47		-	appoint an administrator who is the chief executive officer of the
48		-	industry and farm programs. The commissioner or the administrator in
49		-	charge of the industry and farm programs shall be responsible for
50		-	planning, coordination, operation, and employment and supervision of
51		-	personnel of the industry and farm programs at the correctional
52		-	institutions. The programs may include:
53		-	(1) the production, manufacture, raising, or processing of any
54		-	product or item for use or sale by the department;
55		-	(2) entering into contractual agreements and other arrangements
56		-	with other state agencies or political subdivisions for the
57		-	employment of offenders, including employment involving the
58		-	conservation and improvement of the natural resources of Indiana
59		-	or its political subdivisions; and
60		-	(3) the employment, to the extent that is practical within the
61		-	industry and farm programs, of those offenders who have received
62		-	specialized vocational training by the department.
63		-	(b) The department shall examine the feasibility of, and, if
64		-	reasonably achievable, develop programs for:
65		-	(1) the production of products using recycled materials; or
66		-	(2) processing waste materials.
67		-	SECTION 3. IC 11-10-6-3, AS AMENDED BY P.L.104-2009,
68		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
69		-	JULY 1, 2025]: Sec. 3. (a) A confined person may be required to keep
70		-	his the confined person's own living quarters clean and orderly.
71		-	(b) A confined offender may be required to:
72		-	(1) perform general maintenance work and assist in providing
73		-	other services essential to the administration of the facility or
74		-	program; and
75		-	(2) work in a business, commercial, or industrial or agricultural
76		-	enterprise operated by the department.
77		-	(c) A confined offender may not be denied the opportunity to
78		-	participate in educational, training, or voluntary employment programs
79		-	SEA 231 — CC 1 3
80		-	solely because of compulsory work.
81		-	(d) If an offender is eligible for an offender reentry administrative
82		-	account under IC 11-10-15, at least ten percent (10%) and not more
83		-	than twenty percent (20%) of the offender's gross earnings earned
84		-	under subsection (b)(2) shall be deposited in the offender's reentry
85		-	administrative account.
86		-	SECTION 4. IC 11-10-6-6, AS AMENDED BY P.L.130-2018,
87		-	SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
88		-	JULY 1, 2025]: Sec. 6. (a) The industry and farm products revolving
89		-	fund is established. The department shall:
90		-	(1) annually review the revolving fund for the purpose of
91		-	determining whether the current level is adequate to meet the
92		-	expenditures required to sustain offender employment programs;
93		-	and
94		-	(2) include in the annual report made under IC 11-8-2-5(a)(16) its
95		-	recommendations regarding any changes in the amount of the
96		-	fund.
97		-	(b) All revenues derived from the sale of goods produced or
98		-	manufactured by the department from the lease of farm land and
99		-	appurtenances operated by the department's industry and farm program,
100		-	or from the employment of offenders by other state agencies or political
101		-	subdivisions shall be paid into the fund to be expended in the manner
102		-	provided by law.
103		-	SECTION 5. IC 11-10-6-7 IS AMENDED TO READ AS
104		-	FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. The department
105		-	shall:
106		-	(1) request the state budget agency to allocate, as needed, funds
107		-	from the revolving fund for the cost of operating the department's
108		-	industry and farm programs for offender employment;
109		-	(2) keep complete records showing all transactions in such a
110		-	manner as to be able to prepare at the end of each fiscal year, an
111		-	operating statement for each industry and farm program operated
112		-	by the department; the department shall also prepare an annual
113		-	consolidated operating statement for all industry and farm
114		-	programs; and
115		-	(3) prepare, prior to the beginning of each fiscal year, an annual
116		-	budget of proposed expenditures for industry and farm programs,
117		-	including expenditures for offender compensation; this annual
118		-	budget shall be submitted to the state budget agency for approval,
119		-	and no expenditure in excess of this approved budget may be
120		-	made without the approval of the state budget agency.
121		-	SECTION 6. IC 11-10-6-8, AS AMENDED BY P.L.9-2024,
122		-	SEA 231 — CC 1 4
123		-	SECTION 322, IS AMENDED TO READ AS FOLLOWS
124		-	[EFFECTIVE JULY 1, 2025]: Sec. 8. Any cash assets in excess of one
125		-	million five hundred thousand dollars ($1,500,000) remaining in the
126		-	industry and farm products revolving fund at the close of any fiscal
127		-	year shall be paid into a special fund to be used for capital expenditures
128		-	for the department or support of the industry and farm products
129		-	revolving fund. The cash assets remaining in the revolving fund at the
130		-	close of any fiscal year shall include and be limited to all items of cash
131		-	less the total amount of all accounts payable including all of the
132		-	unliquidated obligations which appear as a matter of record in the
133		-	office of the state comptroller.
134		-	SECTION 7. IC 11-10-6-10 IS AMENDED TO READ AS
135		-	FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 10. Claims for payment
136		-	for supplies and services furnished by the correctional facilities to the
137		-	industry and farm programs during the applicable accounting period in
138		-	the operation of offender employment programs established in those
139		-	facilities shall be presented to the department. These claims shall be
140		-	itemized and, if allowed, shall be paid from the industry and farm
141		-	products revolving fund. No part of the revolving fund shall be used for
142		-	the purpose of paying the salaries of employees and offenders, other
143		-	than those who are engaged in the administration and operation of an
144		-	industry and farm program.
145		-	SECTION 8. IC 11-10-6-11 IS AMENDED TO READ AS
146		-	FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 11. The department
147		-	may contract with private persons or businesses, or governmental
148		-	agencies and political subdivisions of the state, for the management of
149		-	any industry and farm program or activity operated for the employment
150		-	of offenders.
151		-	SECTION 9. IC 11-10-7-2 IS AMENDED TO READ AS
152		-	FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The
153		-	commissioner may establish programs for the employment of offenders
154		-	by private persons. In establishing these programs, the commissioner
155		-	may enter into agreements with any private person under which that
156		-	person establishes, by construction, lease, or otherwise, facilities within
157		-	the exterior boundary of any state adult correctional facility, for the
158		-	manufacture and processing of goods or any other business or
159		-	commercial or agricultural enterprise.
160		-	(b) In administering this chapter, the commissioner may, as a part
161		-	of or in connection with any agreement made under subsection (a),
162		-	lease, for not more than twenty (20) years, land, with the improvements
163		-	on it, located on the grounds of any state correctional facility for use by
164		-	the private party to that agreement for providing employment under this
165		-	SEA 231 — CC 1 5
	50	+	1 SECTION 1. IC 11-10-3.5-2, AS ADDED BY P.L.78-2022,
	51	+	2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	52	+	3 JULY 1, 2025]: Sec. 2. (a) Necessary prenatal and postnatal care and
	53	+	4 treatment shall be provided consistent with acceptable medical practice
	54	+	5 and standards.
	55	+	6 (b) The department shall consult with the Indiana department
	56	+	7 of health to establish minimum prenatal and postnatal standards
	57	+	8 of care.
	58	+	9 (c) When possible, arrangements shall be made for children to be
	59	+	10 born in a hospital outside the correctional facility. If a child is born in
	60	+	11 a correctional facility, this fact may not be mentioned on the birth
	61	+	12 certificate.
	62	+	13 SECTION 2. IC 11-10-6-1 IS AMENDED TO READ AS
	63	+	14 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) There is hereby
	64	+	15 established an industry and farm product advisory council to assist the
	65	+	16 department in determining the need for products, the estimated volume
	66	+	17 or number of units required, pricing policies, and other matters relating
	67	+	ES 231—LS 6849/DI 51 2
	68	+	1 to sales or promotion of such products manufactured or produced
	69	+	2 within the correctional system. The commissioner shall inform the
	70	+	3 council each year of the estimated number of offenders required to be
	71	+	4 employed at each institution during the year by the department and the
	72	+	5 offender work schedules for industry and farm production. With data
	73	+	6 furnished by the department, the council shall recommend to the
	74	+	7 commissioner an annual sales and production plan for all industry and
	75	+	8 farm programs. The council shall study and advise in such other areas
	76	+	9 or matters as may be referred by the commissioner or the administrator
	77	+	10 in charge of industry and farm programs.
	78	+	11 (b) The council shall meet annually or at such other times as the
	79	+	12 commissioner considers necessary. The council is composed of the
	80	+	13 following members:
	81	+	14 (1) the commissioner, who shall be chairman;
	82	+	15 (2) the commissioner of the department of administration;
	83	+	16 (3) the state budget director;
	84	+	17 (4) the administrator in charge of the industry and farm programs,
	85	+	18 who shall act as secretary of the council; and
	86	+	19 (5) the commissioner, at his discretion, may appoint two (2)
	87	+	20 persons who are major users of industry and farm products or who
	88	+	21 represent the general public.
	89	+	22 SECTION 3. IC 11-10-6-2 IS AMENDED TO READ AS
	90	+	23 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The department
	91	+	24 shall establish, maintain, and operate industry and farm programs for
	92	+	25 offenders designed to equip the participant with a marketable skill
	93	+	26 which will provide to the participant a means of earning a livelihood
	94	+	27 upon the participant's return to the community. The department shall
	95	+	28 appoint an administrator who is the chief executive officer of the
	96	+	29 industry and farm programs. The commissioner or the administrator in
	97	+	30 charge of the industry and farm programs shall be responsible for
	98	+	31 planning, coordination, operation, and employment and supervision of
	99	+	32 personnel of the industry and farm programs at the correctional
	100	+	33 institutions. The programs may include:
	101	+	34 (1) the production, manufacture, raising, or processing of any
	102	+	35 product or item for use or sale by the department;
	103	+	36 (2) entering into contractual agreements and other arrangements
	104	+	37 with other state agencies or political subdivisions for the
	105	+	38 employment of offenders, including employment involving the
	106	+	39 conservation and improvement of the natural resources of Indiana
	107	+	40 or its political subdivisions; and
	108	+	41 (3) the employment, to the extent that is practical within the
	109	+	42 industry and farm programs, of those offenders who have received
	110	+	ES 231—LS 6849/DI 51 3
	111	+	1 specialized vocational training by the department.
	112	+	2 (b) The department shall examine the feasibility of, and, if
	113	+	3 reasonably achievable, develop programs for:
	114	+	4 (1) the production of products using recycled materials; or
	115	+	5 (2) processing waste materials.
	116	+	6 SECTION 4. IC 11-10-6-3, AS AMENDED BY P.L.104-2009,
	117	+	7 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	118	+	8 JULY 1, 2025]: Sec. 3. (a) A confined person may be required to keep
	119	+	9 his the confined person's own living quarters clean and orderly.
	120	+	10 (b) A confined offender may be required to:
	121	+	11 (1) perform general maintenance work and assist in providing
	122	+	12 other services essential to the administration of the facility or
	123	+	13 program; and
	124	+	14 (2) work in a business, commercial, or industrial or agricultural
	125	+	15 enterprise operated by the department.
	126	+	16 (c) A confined offender may not be denied the opportunity to
	127	+	17 participate in educational, training, or voluntary employment programs
	128	+	18 solely because of compulsory work.
	129	+	19 (d) If an offender is eligible for an offender reentry administrative
	130	+	20 account under IC 11-10-15, at least ten percent (10%) and not more
	131	+	21 than twenty percent (20%) of the offender's gross earnings earned
	132	+	22 under subsection (b)(2) shall be deposited in the offender's reentry
	133	+	23 administrative account.
	134	+	24 SECTION 5. IC 11-10-6-6, AS AMENDED BY P.L.130-2018,
	135	+	25 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	136	+	26 JULY 1, 2025]: Sec. 6. (a) The industry and farm products revolving
	137	+	27 fund is established. The department shall:
	138	+	28 (1) annually review the revolving fund for the purpose of
	139	+	29 determining whether the current level is adequate to meet the
	140	+	30 expenditures required to sustain offender employment programs;
	141	+	31 and
	142	+	32 (2) include in the annual report made under IC 11-8-2-5(a)(16) its
	143	+	33 recommendations regarding any changes in the amount of the
	144	+	34 fund.
	145	+	35 (b) All revenues derived from the sale of goods produced or
	146	+	36 manufactured by the department from the lease of farm land and
	147	+	37 appurtenances operated by the department's industry and farm program,
	148	+	38 or from the employment of offenders by other state agencies or political
	149	+	39 subdivisions shall be paid into the fund to be expended in the manner
	150	+	40 provided by law.
	151	+	41 SECTION 6. IC 11-10-6-7 IS AMENDED TO READ AS
	152	+	42 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. The department
	153	+	ES 231—LS 6849/DI 51 4
	154	+	1 shall:
	155	+	2 (1) request the state budget agency to allocate, as needed, funds
	156	+	3 from the revolving fund for the cost of operating the department's
	157	+	4 industry and farm programs for offender employment;
	158	+	5 (2) keep complete records showing all transactions in such a
	159	+	6 manner as to be able to prepare at the end of each fiscal year, an
	160	+	7 operating statement for each industry and farm program operated
	161	+	8 by the department; the department shall also prepare an annual
	162	+	9 consolidated operating statement for all industry and farm
	163	+	10 programs; and
	164	+	11 (3) prepare, prior to the beginning of each fiscal year, an annual
	165	+	12 budget of proposed expenditures for industry and farm programs,
	166	+	13 including expenditures for offender compensation; this annual
	167	+	14 budget shall be submitted to the state budget agency for approval,
	168	+	15 and no expenditure in excess of this approved budget may be
	169	+	16 made without the approval of the state budget agency.
	170	+	17 SECTION 7. IC 11-10-6-8, AS AMENDED BY P.L.9-2024,
	171	+	18 SECTION 322, IS AMENDED TO READ AS FOLLOWS
	172	+	19 [EFFECTIVE JULY 1, 2025]: Sec. 8. Any cash assets in excess of one
	173	+	20 million five hundred thousand dollars ($1,500,000) remaining in the
	174	+	21 industry and farm products revolving fund at the close of any fiscal
	175	+	22 year shall be paid into a special fund to be used for capital expenditures
	176	+	23 for the department or support of the industry and farm products
	177	+	24 revolving fund. The cash assets remaining in the revolving fund at the
	178	+	25 close of any fiscal year shall include and be limited to all items of cash
	179	+	26 less the total amount of all accounts payable including all of the
	180	+	27 unliquidated obligations which appear as a matter of record in the
	181	+	28 office of the state comptroller.
	182	+	29 SECTION 8. IC 11-10-6-10 IS AMENDED TO READ AS
	183	+	30 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 10. Claims for payment
	184	+	31 for supplies and services furnished by the correctional facilities to the
	185	+	32 industry and farm programs during the applicable accounting period in
	186	+	33 the operation of offender employment programs established in those
	187	+	34 facilities shall be presented to the department. These claims shall be
	188	+	35 itemized and, if allowed, shall be paid from the industry and farm
	189	+	36 products revolving fund. No part of the revolving fund shall be used for
	190	+	37 the purpose of paying the salaries of employees and offenders, other
	191	+	38 than those who are engaged in the administration and operation of an
	192	+	39 industry and farm program.
	193	+	40 SECTION 9. IC 11-10-6-11 IS AMENDED TO READ AS
	194	+	41 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 11. The department
	195	+	42 may contract with private persons or businesses, or governmental
	196	+	ES 231—LS 6849/DI 51 5
	197	+	1 agencies and political subdivisions of the state, for the management of
	198	+	2 any industry and farm program or activity operated for the employment
	199	+	3 of offenders.
	200	+	4 SECTION 10. IC 11-10-7-2 IS AMENDED TO READ AS
	201	+	5 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The
	202	+	6 commissioner may establish programs for the employment of offenders
	203	+	7 by private persons. In establishing these programs, the commissioner
	204	+	8 may enter into agreements with any private person under which that
	205	+	9 person establishes, by construction, lease, or otherwise, facilities within
	206	+	10 the exterior boundary of any state adult correctional facility, for the
	207	+	11 manufacture and processing of goods or any other business or
	208	+	12 commercial or agricultural enterprise.
	209	+	13 (b) In administering this chapter, the commissioner may, as a part
	210	+	14 of or in connection with any agreement made under subsection (a),
	211	+	15 lease, for not more than twenty (20) years, land, with the improvements
	212	+	16 on it, located on the grounds of any state correctional facility for use by
	213	+	17 the private party to that agreement for providing employment under this
	214	+	18 chapter.
	215	+	19 SECTION 11. IC 11-10-7-4 IS AMENDED TO READ AS
	216	+	20 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. A commercial or
	217	+	21 agricultural enterprise established under this chapter is a private
	218	+	22 enterprise subject to laws governing the operation of similar enterprises
	219	+	23 in Indiana.
	220	+	24 SECTION 12. IC 11-12-2-1, AS AMENDED BY P.L.126-2024,
	221	+	25 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	222	+	26 FEBRUARY 28, 2025 (RETROACTIVE)]: Sec. 1. (a) For the purpose
	223	+	27 of encouraging counties to develop a coordinated local
	224	+	28 corrections-criminal justice system and providing effective alternatives
	225	+	29 to imprisonment at the state level, the commissioner shall, out of funds
	226	+	30 appropriated for such purposes, make grants:
	227	+	31 (1) to counties for the establishment and operation of community
	228	+	32 corrections programs and court supervised recidivism reduction
	229	+	33 programs; and
	230	+	34 (2) to support a probation department, pretrial diversion program,
	231	+	35 or jail treatment program.
	232	+	36 Appropriations intended for this purpose may not be used by the
	233	+	37 department for any other purpose. Money appropriated to the
	234	+	38 department of correction for the purpose of making grants under this
	235	+	39 chapter and any financial aid payments suspended under section 6 of
	236	+	40 this chapter do not revert to the state general fund at the close of any
	237	+	41 fiscal year, but remain available to the department of correction for its
	238	+	42 use in making grants under this chapter.
	239	+	ES 231—LS 6849/DI 51 6
	240	+	1 (b) Before March 1 of each year, the department shall estimate the
	241	+	2 amount of any operational cost savings that will be realized in the state
	242	+	3 fiscal year ending June 30 from a reduction in the number of
	243	+	4 individuals who are in the custody or made a ward of the department
	244	+	5 of correction (as described in IC 11-8-1-5) that is attributable to the
	245	+	6 sentencing changes made in HEA 1006-2014 as enacted in the 2014
	246	+	7 session of the general assembly. The department shall make the
	247	+	8 estimate under this subsection based on the best available information.
	248	+	9 If the department estimates that operational cost savings described in
	249	+	10 this subsection will be realized in the state fiscal year, the following
	250	+	11 apply to the department:
	251	+	12 (1) The department shall certify the estimated amount of
	252	+	13 operational cost savings that will be realized to the budget agency
	253	+	14 and to the state comptroller.
	254	+	15 (2) The department may, after review by the budget committee
	255	+	16 and approval by the budget agency, make additional grants as
	256	+	17 provided in this chapter to:
	257	+	18 (A) county jails to provide evidence based mental health and
	258	+	19 addiction forensic treatment services; and
	259	+	20 (B) counties for the establishment and operation of pretrial
	260	+	21 release programs, diversion programs, community corrections
	261	+	22 programs, and court supervised recidivism reduction
	262	+	23 programs;
	263	+	24 from funds appropriated to the department for the department's
	264	+	25 operating expenses for the state fiscal year.
	265	+	26 (3) The maximum aggregate amount of additional grants and
	266	+	27 transfers that may be made by the department under subdivision
	267	+	28 (2) for the state fiscal year may not exceed the lesser of:
	268	+	29 (A) the amount of operational cost savings certified under
	269	+	30 subdivision (1); or
	270	+	31 (B) eleven million dollars ($11,000,000).
	271	+	32 Notwithstanding P.L.205-2013 (HEA 1001-2013), the amount of funds
	272	+	33 necessary to make any additional grants authorized and approved under
	273	+	34 this subsection and for any transfers authorized and approved under
	274	+	35 this subsection, and for providing the additional financial aid to courts
	275	+	36 from transfers authorized and approved under this subsection, is
	276	+	37 appropriated for those purposes for the state fiscal year, and the amount
	277	+	38 of the department's appropriation for operating expenses for the state
	278	+	39 fiscal year is reduced by a corresponding amount.
	279	+	40 (c) (b) The commissioner shall coordinate with the division of
	280	+	41 mental health and addiction in issuing community corrections and court
	281	+	42 supervised recidivism reduction program grants to programs that
	282	+	ES 231—LS 6849/DI 51 7
	283	+	1 provide alternative sentencing projects for persons with mental illness,
	284	+	2 addictive disorders, intellectual disabilities, and developmental
	285	+	3 disabilities. Programs for addictive disorders may include:
	286	+	4 (1) addiction counseling;
	287	+	5 (2) inpatient detoxification; and
	288	+	6 (3) medication assisted treatment, including a federal Food and
	289	+	7 Drug Administration approved long acting, nonaddictive
	290	+	8 medication for the treatment of opioid or alcohol dependence.
	291	+	9 (d) (c) Grants awarded under this chapter:
	292	+	10 (1) must focus on funding evidence based programs, including
	293	+	11 programs that address cognitive behavior, that have as a primary
	294	+	12 goal the purpose of reforming offenders; and
	295	+	13 (2) may be used for technology based programs, including an
	296	+	14 electronic monitoring program.
	297	+	15 (e) (d) Before the tenth day of each month, the department shall
	298	+	16 compile the following information with respect to the previous month:
	299	+	17 (1) The number of persons committed to the department.
	300	+	18 (2) The number of persons:
	301	+	19 (A) confined in a department facility;
	302	+	20 (B) participating in a community corrections program; and
	303	+	21 (C) confined in a local jail under contract with or on behalf of
	304	+	22 the department.
	305	+	23 (3) For each facility operated by the department:
	306	+	24 (A) the number of beds in each facility; and
	307	+	25 (B) the number of inmates housed in the facility.
	308	+	26 (4) The number of persons committed to the department for a
	309	+	27 Level 6 felony.
	310	+	28 (f) (e) The department shall:
	311	+	29 (1) quarterly submit a report to the budget committee; and
	312	+	30 (2) monthly submit a report to the justice reinvestment advisory
	313	+	31 council (as established in IC 33-38-9.5-2);
	314	+	32 of the information compiled by the department under subsection (e).
	315	+	33 (d). The report to the budget committee must be submitted in a form
	316	+	34 approved by the budget committee, and the report to the advisory
	317	+	35 council must be in a form approved by the advisory council.
	318	+	36 SECTION 13. IC 31-31-8-2 IS AMENDED TO READ AS
	319	+	37 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. A juvenile
	320	+	38 detention facility is a secure facility that:
	321	+	39 (1) is only used for the lawful custody and treatment of juveniles
	322	+	40 and meets state standards and licensing requirements as provided
	323	+	41 in department of correction administrative rule; 210 IAC 6; or
	324	+	42 (2) is located on the same grounds or in the same building as an
	325	+	ES 231—LS 6849/DI 51 8
	326	+	1 adult jail or lockup and meets the following four (4) criteria:
	327	+	2 (A) Total separation between juvenile and adult facility spatial
	328	+	3 areas so that there could be no haphazard or accidental contact
	329	+	4 among juvenile and adult residents in the respective facilities.
	330	+	5 If space is used for both juveniles and adults, time-phasing of
	331	+	6 the use is acceptable if the arrangement precludes haphazard
	332	+	7 or accidental contact among juvenile and adult residents at all
	333	+	8 times. Sleeping or other living areas may not be shared under
	334	+	9 any circumstances.
	335	+	10 (B) Total separation in all juvenile and adult program
	336	+	11 activities within the facilities, including recreation, education,
	337	+	12 counseling, health care, dining, sleeping, and general living
	338	+	13 activities. Program activities may not be shared by juvenile
	339	+	14 and adult residents. However, program space, equipment, and
	340	+	15 other resources may be used by both juvenile and adult
	341	+	16 residents subject to clause (A).
	342	+	17 (C) The administration and security functions of the juvenile
	343	+	18 detention program must be vested in separate staff who, if the
	344	+	19 staff serve both populations, are trained to serve a juvenile
	345	+	20 population. Security and other direct care staff may not be
	346	+	21 used to serve the adult jail at the same time or during the same
	347	+	22 tour of duty that security and other direct care staff serve in the
	348	+	23 juvenile detention facility. Specialized services staff, such as
	349	+	24 cooks, bookkeepers, and medical professionals who are not
	350	+	25 normally in contact with detainees or whose infrequent contact
	351	+	26 occurs under conditions of separation of juveniles and adults,
	352	+	27 can serve both juvenile and adult residents.
	353	+	28 (D) The facility meets state standards and licensing
	354	+	29 requirements as provided in department of correction
	355	+	30 administrative rule. 210 IAC 6. The architectural and
	356	+	31 operational configuration of the juvenile facility must assure
	357	+	32 total separation.
	358	+	33 SECTION 14. An emergency is declared for this act.
	359	+	ES 231—LS 6849/DI 51 9
	360	+	COMMITTEE REPORT
	361	+	Mr. President: The Senate Committee on Corrections and Criminal
	362	+	Law, to which was referred Senate Bill No. 231, has had the same
	363	+	under consideration and begs leave to report the same back to the
	364	+	Senate with the recommendation that said bill be AMENDED as
	365	+	follows:
	366	+	Delete the title and insert the following:
	367	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	368	+	corrections and to make an appropriation.
	369	+	Page 1, between the enacting clause and line 1, begin a new
	370	+	paragraph and insert:
	371	+	"SECTION 1. IC 11-8-2-16 IS ADDED TO THE INDIANA CODE
	372	+	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	373	+	1, 2025]: Sec. 16. (a) As used in this section, "fund" refers to the
	374	+	incarcerated women's maternal health fund established by
	375	+	subsection (b).
	376	+	(b) The incarcerated women's maternal health fund is
	377	+	established to provide funds to support the Officer Breann Leath
	378	+	Memorial Prison Nursery, if established under IC 11-10-3.5-5.
	379	+	(c) The fund consists of the following:
	380	+	(1) Appropriations made by the general assembly.
	381	+	(2) Gifts, bequests, donations, contributions, and grants from
	382	+	any public or private source.
	383	+	(d) The department shall administer the fund.
	384	+	(e) The expenses of administering the fund shall be paid from
	385	+	money in the fund.
	386	+	(f) The treasurer of state shall invest the money in the fund not
	387	+	currently needed to meet the obligations of the fund in the same
	388	+	manner as other public money may be invested. Interest that
	389	+	accrues from these investments shall be deposited in the fund.
	390	+	(g) Money in the fund at the end of a state fiscal year does not
	391	+	revert to the state general fund.
	392	+	(h) Money in the fund is continuously appropriated to carry out
	393	+	the purposes of the fund.
	394	+	SECTION 2. IC 11-10-3.5-5 IS ADDED TO THE INDIANA CODE
	395	+	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	396	+	1, 2025]: Sec. 5. (a) The department may establish a nursery within
	397	+	a correctional facility determined by the commissioner.
	398	+	(b) If the department establishes a nursery under subsection (a),
	399	+	the nursery shall be known as "The Officer Breann Leath
	400	+	Memorial Prison Nursery".".
	401	+	Page 7, between lines 23 and 24, begin a new paragraph and insert:
	402	+	ES 231—LS 6849/DI 51 10
	403	+	"SECTION 12. IC 11-12-12 IS ADDED TO THE INDIANA CODE
	404	+	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	405	+	JULY 1, 2025]:
	406	+	Chapter 12. Community Corrections Program Commissary
	407	+	Sec. 1. This chapter applies to a community corrections
	408	+	program that consists of a residential facility and work release
	409	+	program.
	410	+	Sec. 2. This chapter does not apply to a jail commissary
	411	+	described in IC 36-8-10-21.
	412	+	Sec. 3. As used in this chapter, "fund" refers to a community
	413	+	corrections commissary fund established by section 4 of this
166	414		chapter.
167		-	SECTION 10. IC 11-10-7-4 IS AMENDED TO READ AS
168		-	FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. A commercial or
169		-	agricultural enterprise established under this chapter is a private
170		-	enterprise subject to laws governing the operation of similar enterprises
171		-	in Indiana.
172		-	SECTION 11. IC 11-12-2-1, AS AMENDED BY P.L.126-2024,
173		-	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
174		-	FEBRUARY 28, 2025 (RETROACTIVE)]: Sec. 1. (a) For the purpose
175		-	of encouraging counties to develop a coordinated local
176		-	corrections-criminal justice system and providing effective alternatives
177		-	to imprisonment at the state level, the commissioner shall, out of funds
178		-	appropriated for such purposes, make grants:
179		-	(1) to counties for the establishment and operation of community
180		-	corrections programs and court supervised recidivism reduction
181		-	programs; and
182		-	(2) to support a probation department, pretrial diversion program,
183		-	or jail treatment program.
184		-	Appropriations intended for this purpose may not be used by the
185		-	department for any other purpose. Money appropriated to the
186		-	department of correction for the purpose of making grants under this
187		-	chapter and any financial aid payments suspended under section 6 of
188		-	this chapter do not revert to the state general fund at the close of any
189		-	fiscal year, but remain available to the department of correction for its
190		-	use in making grants under this chapter.
191		-	(b) Before March 1 of each year, the department shall estimate the
192		-	amount of any operational cost savings that will be realized in the state
193		-	fiscal year ending June 30 from a reduction in the number of
194		-	individuals who are in the custody or made a ward of the department
195		-	of correction (as described in IC 11-8-1-5) that is attributable to the
196		-	sentencing changes made in HEA 1006-2014 as enacted in the 2014
197		-	session of the general assembly. The department shall make the
198		-	estimate under this subsection based on the best available information.
199		-	If the department estimates that operational cost savings described in
200		-	this subsection will be realized in the state fiscal year, the following
201		-	apply to the department:
202		-	(1) The department shall certify the estimated amount of
203		-	operational cost savings that will be realized to the budget agency
204		-	and to the state comptroller.
205		-	(2) The department may, after review by the budget committee
206		-	and approval by the budget agency, make additional grants as
207		-	provided in this chapter to:
208		-	SEA 231 — CC 1 6
209		-	(A) county jails to provide evidence based mental health and
210		-	addiction forensic treatment services; and
211		-	(B) counties for the establishment and operation of pretrial
212		-	release programs, diversion programs, community corrections
213		-	programs, and court supervised recidivism reduction
214		-	programs;
215		-	from funds appropriated to the department for the department's
216		-	operating expenses for the state fiscal year.
217		-	(3) The maximum aggregate amount of additional grants and
218		-	transfers that may be made by the department under subdivision
219		-	(2) for the state fiscal year may not exceed the lesser of:
220		-	(A) the amount of operational cost savings certified under
221		-	subdivision (1); or
222		-	(B) eleven million dollars ($11,000,000).
223		-	Notwithstanding P.L.205-2013 (HEA 1001-2013), the amount of funds
224		-	necessary to make any additional grants authorized and approved under
225		-	this subsection and for any transfers authorized and approved under
226		-	this subsection, and for providing the additional financial aid to courts
227		-	from transfers authorized and approved under this subsection, is
228		-	appropriated for those purposes for the state fiscal year, and the amount
229		-	of the department's appropriation for operating expenses for the state
230		-	fiscal year is reduced by a corresponding amount.
231		-	(c) (b) The commissioner shall coordinate with the division of
232		-	mental health and addiction in issuing community corrections and court
233		-	supervised recidivism reduction program grants to programs that
234		-	provide alternative sentencing projects for persons with mental illness,
235		-	addictive disorders, intellectual disabilities, and developmental
236		-	disabilities. Programs for addictive disorders may include:
237		-	(1) addiction counseling;
238		-	(2) inpatient detoxification; and
239		-	(3) medication assisted treatment, including a federal Food and
240		-	Drug Administration approved long acting, nonaddictive
241		-	medication for the treatment of opioid or alcohol dependence.
242		-	(d) (c) Grants awarded under this chapter:
243		-	(1) must focus on funding evidence based programs, including
244		-	programs that address cognitive behavior, that have as a primary
245		-	goal the purpose of reforming offenders; and
246		-	(2) may be used for technology based programs, including an
247		-	electronic monitoring program.
248		-	(e) (d) Before the tenth day of each month, the department shall
249		-	compile the following information with respect to the previous month:
250		-	(1) The number of persons committed to the department.
251		-	SEA 231 — CC 1 7
252		-	(2) The number of persons:
253		-	(A) confined in a department facility;
254		-	(B) participating in a community corrections program; and
255		-	(C) confined in a local jail under contract with or on behalf of
256		-	the department.
257		-	(3) For each facility operated by the department:
258		-	(A) the number of beds in each facility; and
259		-	(B) the number of inmates housed in the facility.
260		-	(4) The number of persons committed to the department for a
261		-	Level 6 felony.
262		-	(f) (e) The department shall:
263		-	(1) quarterly submit a report to the budget committee; and
264		-	(2) monthly submit a report to the justice reinvestment advisory
265		-	council (as established in IC 33-38-9.5-2);
266		-	of the information compiled by the department under subsection (e).
267		-	(d). The report to the budget committee must be submitted in a form
268		-	approved by the budget committee, and the report to the advisory
269		-	council must be in a form approved by the advisory council.
270		-	SECTION 12. IC 31-31-8-2 IS AMENDED TO READ AS
271		-	FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. A juvenile
272		-	detention facility is a secure facility that:
273		-	(1) is only used for the lawful custody and treatment of juveniles
274		-	and meets state standards and licensing requirements as provided
275		-	in department of correction administrative rule; 210 IAC 6; or
276		-	(2) is located on the same grounds or in the same building as an
277		-	adult jail or lockup and meets the following four (4) criteria:
278		-	(A) Total separation between juvenile and adult facility spatial
279		-	areas so that there could be no haphazard or accidental contact
280		-	among juvenile and adult residents in the respective facilities.
281		-	If space is used for both juveniles and adults, time-phasing of
282		-	the use is acceptable if the arrangement precludes haphazard
283		-	or accidental contact among juvenile and adult residents at all
284		-	times. Sleeping or other living areas may not be shared under
285		-	any circumstances.
286		-	(B) Total separation in all juvenile and adult program
287		-	activities within the facilities, including recreation, education,
288		-	counseling, health care, dining, sleeping, and general living
289		-	activities. Program activities may not be shared by juvenile
290		-	and adult residents. However, program space, equipment, and
291		-	other resources may be used by both juvenile and adult
292		-	residents subject to clause (A).
293		-	(C) The administration and security functions of the juvenile
294		-	SEA 231 — CC 1 8
295		-	detention program must be vested in separate staff who, if the
296		-	staff serve both populations, are trained to serve a juvenile
297		-	population. Security and other direct care staff may not be
298		-	used to serve the adult jail at the same time or during the same
299		-	tour of duty that security and other direct care staff serve in the
300		-	juvenile detention facility. Specialized services staff, such as
301		-	cooks, bookkeepers, and medical professionals who are not
302		-	normally in contact with detainees or whose infrequent contact
303		-	occurs under conditions of separation of juveniles and adults,
304		-	can serve both juvenile and adult residents.
305		-	(D) The facility meets state standards and licensing
306		-	requirements as provided in department of correction
307		-	administrative rule. 210 IAC 6. The architectural and
308		-	operational configuration of the juvenile facility must assure
309		-	total separation.
310		-	SECTION 13. An emergency is declared for this act.
311		-	SEA 231 — CC 1 President of the Senate
312		-	President Pro Tempore
313		-	Speaker of the House of Representatives
314		-	Governor of the State of Indiana
315		-	Date: Time:
316		-	SEA 231 — CC 1
	415	+	Sec. 4. (a) The community corrections commissary fund is
	416	+	established. The fund is separate from any other fund, and money
	417	+	in the fund does not revert to any other fund.
	418	+	(b) The director of the community corrections program, or the
	419	+	director's designee, shall deposit all money from a commissary that
	420	+	sells merchandise to participants in the particular community
	421	+	corrections program into the fund. The director of the community
	422	+	corrections program, or the director's designee, shall keep the fund
	423	+	in a depository designated under IC 5-13-8.
	424	+	(c) The director of the community corrections program, or the
	425	+	director's designee, at the program director's or the director's
	426	+	designee's discretion and without appropriation by the county
	427	+	fiscal body, may disburse money from the fund for:
	428	+	(1) merchandise for resale to participants in the community
	429	+	corrections program through the commissary;
	430	+	(2) expenses of operating the commissary, including facilities
	431	+	and personnel;
	432	+	(3) training for employees of the community corrections
	433	+	program;
	434	+	(4) equipment installed in the residential facility;
	435	+	(5) equipment, including vehicles and computers, computer
	436	+	software, communication devices, office machinery and
	437	+	furnishings, cameras and photographic equipment, or attire
	438	+	used by an employee of the community corrections program
	439	+	in the course of the employee's official duties;
	440	+	(6) an activity provided to maintain order and discipline
	441	+	among the participants of the community corrections
	442	+	program;
	443	+	(7) an activity or program of the community corrections
	444	+	program intended to reduce or prevent occurrences of
	445	+	ES 231—LS 6849/DI 51 11
	446	+	criminal activity; or
	447	+	(8) any other purpose that benefits the community corrections
	448	+	program that is mutually agreed upon by the community
	449	+	corrections advisory board and the director of the community
	450	+	corrections program.
	451	+	Money disbursed from the fund under this subsection must be
	452	+	supplemental or in addition to, rather than a replacement for,
	453	+	regular appropriations made to carry out the purposes listed in
	454	+	subdivisions (1) through (8).
	455	+	Sec. 5. A community corrections officer may sell merchandise
	456	+	from a commissary to a participant of the community corrections
	457	+	program.
	458	+	SECTION 13. IC 25-26-24-19, AS AMENDED BY P.L.233-2023,
	459	+	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	460	+	JULY 1, 2025]: Sec. 19. (a) Information received by the INSPECT
	461	+	program under section 17 of this chapter is confidential.
	462	+	(b) The board shall carry out a program to protect the confidentiality
	463	+	of the information described in subsection (a). The board may disclose
	464	+	the information to another person only under subsection (c), (d), or (g).
	465	+	(c) The board may disclose confidential information described in
	466	+	subsection (a) to any person who is authorized to engage in receiving,
	467	+	processing, or storing the information.
	468	+	(d) Except as provided in subsections (e) and (f), the board may
	469	+	release confidential information described in subsection (a) to the
	470	+	following persons:
	471	+	(1) A member of the board or another governing body that
	472	+	licenses practitioners and is engaged in an investigation, an
	473	+	adjudication, or a prosecution of a violation under any state or
	474	+	federal law that involves ephedrine, pseudoephedrine, or a
	475	+	controlled substance.
	476	+	(2) An investigator for the consumer protection division of the
	477	+	office of the attorney general, a prosecuting attorney, the attorney
	478	+	general, a deputy attorney general, or an investigator from the
	479	+	office of the attorney general, who is engaged in:
	480	+	(A) an investigation;
	481	+	(B) an adjudication; or
	482	+	(C) a prosecution;
	483	+	of a violation under any state or federal law that involves
	484	+	ephedrine, pseudoephedrine, or a controlled substance.
	485	+	(3) A law enforcement officer, including a director of a
	486	+	residential community corrections program, or the director's
	487	+	designee, who is an employee of:
	488	+	ES 231—LS 6849/DI 51 12
	489	+	(A) a local, state, or federal law enforcement agency; or
	490	+	(B) an entity that regulates ephedrine, pseudoephedrine, or
	491	+	controlled substances or enforces ephedrine, pseudoephedrine,
	492	+	or controlled substances rules or laws in another state;
	493	+	that is certified to receive ephedrine, pseudoephedrine, or
	494	+	controlled substance prescription drug information from the
	495	+	INSPECT program.
	496	+	(4) A practitioner or practitioner's agent certified to receive
	497	+	information from the INSPECT program.
	498	+	(5) An ephedrine, pseudoephedrine, or controlled substance
	499	+	monitoring program in another state with which Indiana has
	500	+	established an interoperability agreement.
	501	+	(6) The state toxicologist.
	502	+	(7) A certified representative of the Medicaid retrospective and
	503	+	prospective drug utilization review program.
	504	+	(8) A substance abuse assistance program for a licensed health
	505	+	care provider who:
	506	+	(A) has prescriptive authority under this title; and
	507	+	(B) is participating in the assistance program.
	508	+	(9) An individual who holds a valid temporary medical permit
	509	+	issued under IC 25-22.5-5-4 or a noneducational commission for
	510	+	foreign medical graduates certified graduate permit issued under
	511	+	IC 25-22.5-5-4.6.
	512	+	(10) A county coroner conducting a medical investigation of the
	513	+	cause of death.
	514	+	(11) The management performance hub established by
	515	+	IC 4-3-26-8.
	516	+	(12) The state epidemiologist under the Indiana department of
	517	+	health.
	518	+	(e) Information provided to a person under:
	519	+	(1) subsection (d)(3) is limited to information:
	520	+	(A) concerning an individual or proceeding involving the
	521	+	unlawful diversion or misuse of a schedule II, III, IV, or V
	522	+	controlled substance; and
	523	+	(B) that will assist in an investigation or proceeding;
	524	+	(2) subsection (d)(4) may be released only for the purpose of:
	525	+	(A) providing medical or pharmaceutical treatment; or
	526	+	(B) evaluating the need for providing medical or
	527	+	pharmaceutical treatment to a patient; and
	528	+	(3) subsection (d)(11) must be released to the extent disclosure of
	529	+	the information is not prohibited by applicable federal law.
	530	+	(f) Before the board releases confidential information under
	531	+	ES 231—LS 6849/DI 51 13
	532	+	subsection (d), the applicant must be approved by the INSPECT
	533	+	program in a manner prescribed by the board.
	534	+	(g) The board may release to:
	535	+	(1) a member of the board or another governing body that licenses
	536	+	practitioners;
	537	+	(2) an investigator for the consumer protection division of the
	538	+	office of the attorney general, a prosecuting attorney, the attorney
	539	+	general, a deputy attorney general, or an investigator from the
	540	+	office of the attorney general; or
	541	+	(3) a law enforcement officer, including a director of a
	542	+	residential community corrections program, or the director's
	543	+	designee, who is:
	544	+	(A) authorized by the state police department to receive
	545	+	ephedrine, pseudoephedrine, or controlled substance
	546	+	prescription drug information; and
	547	+	(B) approved by the board to receive the type of information
	548	+	released;
	549	+	confidential information generated from computer records that
	550	+	identifies practitioners who are prescribing or dispensing large
	551	+	quantities of a controlled substance.
	552	+	(h) The information described in subsection (g) may not be released
	553	+	until it has been reviewed by:
	554	+	(1) a member of the board who is licensed in the same profession
	555	+	as the prescribing or dispensing practitioner identified by the data;
	556	+	or
	557	+	(2) the board's designee;
	558	+	and until that member or the designee has certified that further
	559	+	investigation is warranted. However, failure to comply with this
	560	+	subsection does not invalidate the use of any evidence that is otherwise
	561	+	admissible in a proceeding described in subsection (i).
	562	+	(i) An investigator or a law enforcement officer, including a
	563	+	director of a residential community corrections program, or the
	564	+	director's designee, receiving confidential information under
	565	+	subsection (c), (d), or (g) may disclose the information to a law
	566	+	enforcement officer or an attorney for the office of the attorney general
	567	+	for use as evidence in the following:
	568	+	(1) A proceeding under IC 16-42-20.
	569	+	(2) A proceeding under any state or federal law.
	570	+	(3) A criminal proceeding or a proceeding in juvenile court.
	571	+	(j) The board may compile statistical reports from the information
	572	+	described in subsection (a). The reports must not include information
	573	+	that identifies any practitioner, ultimate user, or other person
	574	+	ES 231—LS 6849/DI 51 14
	575	+	administering ephedrine, pseudoephedrine, or a controlled substance.
	576	+	Statistical reports compiled under this subsection are public records.
	577	+	(k) Except as provided in subsections (q) and (r), and in addition to
	578	+	any requirements provided in IC 25-22.5-13, the following practitioners
	579	+	shall obtain information about a patient from the data base either
	580	+	directly or through the patient's integrated health record before
	581	+	prescribing an opioid or benzodiazepine to the patient:
	582	+	(1) A practitioner who has had the information from the data base
	583	+	integrated into the patient's electronic health records.
	584	+	(2) A practitioner who provides services to the patient in:
	585	+	(A) the emergency department of a hospital licensed under
	586	+	IC 16-21; or
	587	+	(B) a pain management clinic.
	588	+	(3) Beginning January 1, 2020, a practitioner who provides
	589	+	services to the patient in a hospital licensed under IC 16-21.
	590	+	(4) Beginning January 1, 2021, all practitioners.
	591	+	However, a practitioner is not required to obtain information about a
	592	+	patient who is subject to a pain management contract from the data
	593	+	base more than once every ninety (90) days.
	594	+	(l) A practitioner who checks the INSPECT program either directly
	595	+	through the data base or through the patient's integrated health record
	596	+	for the available data on a patient is immune from civil liability for an
	597	+	injury, death, or loss to a person solely due to a practitioner:
	598	+	(1) seeking information from the INSPECT program; and
	599	+	(2) in good faith using the information for the treatment of the
	600	+	patient.
	601	+	The civil immunity described in this subsection does not extend to a
	602	+	practitioner if the practitioner receives information directly from the
	603	+	INSPECT program or through the patient's integrated health record and
	604	+	then negligently misuses this information. This subsection does not
	605	+	apply to an act or omission that is a result of gross negligence or
	606	+	intentional misconduct.
	607	+	(m) The board may review the records of the INSPECT program. If
	608	+	the board determines that a violation of the law may have occurred, the
	609	+	board shall notify the appropriate law enforcement agency or the
	610	+	relevant government body responsible for the licensure, regulation, or
	611	+	discipline of practitioners authorized by law to prescribe controlled
	612	+	substances.
	613	+	(n) A practitioner who in good faith discloses information based on
	614	+	a report from the INSPECT program either directly through the data
	615	+	base or through the patient's integrated health record to a law
	616	+	enforcement agency is immune from criminal or civil liability. A
	617	+	ES 231—LS 6849/DI 51 15
	618	+	practitioner that discloses information to a law enforcement agency
	619	+	under this subsection is presumed to have acted in good faith.
	620	+	(o) A practitioner's agent may act as a delegate and check INSPECT
	621	+	program reports on behalf of the practitioner.
	622	+	(p) A patient may access a report from the INSPECT program that
	623	+	has been included in the patient's medical file by a practitioner.
	624	+	(q) A practitioner is not required under subsection (k) to obtain
	625	+	information about a patient from the data base or through the patient's
	626	+	integrated health record before prescribing an opioid or benzodiazepine
	627	+	if any of the following apply:
	628	+	(1) The practitioner has obtained a waiver from the board because
	629	+	the practitioner does not have access to the Internet at the
	630	+	practitioner's place of business.
	631	+	(2) The patient is:
	632	+	(A) recovering; or
	633	+	(B) in the process of completing a prescription that was
	634	+	prescribed by another practitioner;
	635	+	while still being treated as an inpatient or in observation status.
	636	+	(3) The data base described in section 18 of this chapter is
	637	+	suspended or is not operational if the practitioner documents in
	638	+	writing or electronically the date and time in the patient's medical
	639	+	record that the practitioner, dispenser, or delegate attempted to
	640	+	use the data base.
	641	+	(r) A practitioner is not required under subsection (k) to obtain
	642	+	information about a patient from the data base or through the patient's
	643	+	integrated health record before prescribing an opioid or benzodiazepine
	644	+	if the patient is enrolled in a hospice program (as defined in
	645	+	IC 16-25-1.1-4).".
	646	+	Page 8, between lines 20 and 21, begin a new paragraph and insert:
	647	+	"SECTION 15. IC 36-8-10-21, AS AMENDED BY P.L.216-2007,
	648	+	SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	649	+	JULY 1, 2025]: Sec. 21. (a) Except as provided in IC 11-12-12, this
	650	+	section applies to any county that has a jail commissary that sells
	651	+	merchandise to inmates.
	652	+	(b) A jail commissary fund is established, referred to in this section
	653	+	as "the fund". The fund is separate from the general fund, and money
	654	+	in the fund does not revert to the general fund.
	655	+	(c) The sheriff, or the sheriff's designee, shall deposit all money
	656	+	from commissary sales into the fund, which the sheriff or the sheriff's
	657	+	designee shall keep in a depository designated under IC 5-13-8.
	658	+	(d) The sheriff, or the sheriff's designee, at the sheriff's or the
	659	+	sheriff's designee's discretion and without appropriation by the county
	660	+	ES 231—LS 6849/DI 51 16
	661	+	fiscal body, may disburse money from the fund for:
	662	+	(1) merchandise for resale to inmates through the commissary;
	663	+	(2) expenses of operating the commissary, including, but not
	664	+	limited to, facilities and personnel;
	665	+	(3) special training in law enforcement for employees of the
	666	+	sheriff's department;
	667	+	(4) equipment installed in the county jail;
	668	+	(5) equipment, including vehicles and computers, computer
	669	+	software, communication devices, office machinery and
	670	+	furnishings, cameras and photographic equipment, animals,
	671	+	animal training, holding and feeding equipment and supplies, or
	672	+	attire used by an employee of the sheriff's department in the
	673	+	course of the employee's official duties;
	674	+	(6) an activity provided to maintain order and discipline among
	675	+	the inmates of the county jail;
	676	+	(7) an activity or program of the sheriff's department intended to
	677	+	reduce or prevent occurrences of criminal activity, including the
	678	+	following:
	679	+	(A) Substance abuse.
	680	+	(B) Child abuse.
	681	+	(C) Domestic violence.
	682	+	(D) Drinking and driving.
	683	+	(E) Juvenile delinquency;
	684	+	(8) expenses related to the establishment, operation, or
	685	+	maintenance of the sex and violent offender registry web site
	686	+	under IC 36-2-13-5.5; or
	687	+	(9) any other purpose that benefits the sheriff's department that is
	688	+	mutually agreed upon by the county fiscal body and the county
	689	+	sheriff.
	690	+	Money disbursed from the fund under this subsection must be
	691	+	supplemental or in addition to, rather than a replacement for, regular
	692	+	appropriations made to carry out the purposes listed in subdivisions (1)
	693	+	through (8). (9).
	694	+	(e) The sheriff shall maintain a record of the fund's receipts and
	695	+	disbursements. The state board of accounts shall prescribe the form for
	696	+	this record. The sheriff shall semiannually provide a copy of this record
	697	+	of receipts and disbursements to the county fiscal body. The
	698	+	semiannual reports are due on July 1 and December 31 of each year.".
	699	+	Renumber all SECTIONS consecutively.
	700	+	and when so amended that said bill do pass.
	701	+	ES 231—LS 6849/DI 51 17
	702	+	(Reference is to SB 231 as introduced.)
	703	+	FREEMAN, Chairperson
	704	+	Committee Vote: Yeas 8, Nays 0.
	705	+	_____
	706	+	SENATE MOTION
	707	+	Mr. President: I move that Senate Bill 231 be amended to read as
	708	+	follows:
	709	+	Delete the title and insert the following:
	710	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	711	+	corrections.
	712	+	Page 1, delete lines 1 through 17.
	713	+	Page 2, delete lines 1 through 13.
	714	+	Page 8, delete lines 12 through 42.
	715	+	Delete pages 9 through 12.
	716	+	Page 13, delete lines 1 through 39.
	717	+	Page 14, delete lines 37 through 42.
	718	+	Delete page 15.
	719	+	Page 16, delete lines 1 through 3.
	720	+	Renumber all SECTIONS consecutively.
	721	+	(Reference is to SB 231 as printed February 14, 2025.)
	722	+	BOHACEK
	723	+	_____
	724	+	COMMITTEE REPORT
	725	+	Mr. Speaker: Your Committee on Courts and Criminal Code, to
	726	+	which was referred Senate Bill 231, has had the same under
	727	+	consideration and begs leave to report the same back to the House with
	728	+	the recommendation that said bill do pass.
	729	+	(Reference is to SB 231 as reprinted February 19, 2025.)
	730	+	MCNAMARA
	731	+	Committee Vote: Yeas 13, Nays 0
	732	+	ES 231—LS 6849/DI 51 18
	733	+	HOUSE MOTION
	734	+	Mr. Speaker: I move that Engrossed Senate Bill 231 be amended to
	735	+	read as follows:
	736	+	Page 1, between the enacting clause and line 1, begin a new
	737	+	paragraph and insert:
	738	+	"SECTION 1. IC 11-10-3.5-2, AS ADDED BY P.L.78-2022,
	739	+	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	740	+	JULY 1, 2025]: Sec. 2. (a) Necessary prenatal and postnatal care and
	741	+	treatment shall be provided consistent with acceptable medical practice
	742	+	and standards.
	743	+	(b) The department shall consult with the Indiana department
	744	+	of health to establish minimum prenatal and postnatal standards
	745	+	of care.
	746	+	(c) When possible, arrangements shall be made for children to be
	747	+	born in a hospital outside the correctional facility. If a child is born in
	748	+	a correctional facility, this fact may not be mentioned on the birth
	749	+	certificate.".
	750	+	Renumber all SECTIONS consecutively.
	751	+	(Reference is to ESB 231 as printed March 13, 2025.)
	752	+	SUMMERS
	753	+	ES 231—LS 6849/DI 51