Introduced Version
SENATE BILL No. 386
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 11-12-12; IC 25-26-24-19; IC 36-8-10-21.
Synopsis: Community corrections programs. Establishes a community
corrections commissary fund (fund). Provides that the director of the
community corrections program, or the director's designee, shall
deposit all money from a commissary that sells merchandise to
participants in the particular community corrections program into the
fund. Provides that a community corrections officer may sell
merchandise from a commissary to a participant of the community
corrections program. Provides that the director of a residential
community corrections program, or the director's designee, may receive
confidential information from the Indiana scheduled prescription
electronic collection and tracking (INSPECT) program.
Effective: July 1, 2025.
Goode
January 13, 2025, read first time and referred to Committee on Corrections and Criminal
Law.
2025 IN 386—LS 6178/DI 116 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 386
A BILL FOR AN ACT to amend the Indiana Code concerning
corrections.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 11-12-12 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]:
4 Chapter 12. Community Corrections Program Commissary
5 Sec. 1. This chapter applies to a community corrections
6 program that consists of a residential facility and work release
7 program.
8 Sec. 2. This chapter does not apply to a jail commissary
9 described in IC 36-8-10-21.
10 Sec. 3. As used in this chapter, "fund" refers to a community
11 corrections commissary fund established by section 4 of this
12 chapter.
13 Sec. 4. (a) The community corrections commissary fund is
14 established. The fund is separate from any other fund, and money
15 in the fund does not revert to any other fund.
16 (b) The director of the community corrections program, or the
17 director's designee, shall deposit all money from a commissary that
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1 sells merchandise to participants in the particular community
2 corrections program into the fund. The director of the community
3 corrections program, or the director's designee, shall keep the fund
4 in a depository designated under IC 5-13-8.
5 (c) The director of the community corrections program, or the
6 director's designee, at the program director's or the director's
7 designee's discretion and without appropriation by the county
8 fiscal body, may disburse money from the fund for:
9 (1) merchandise for resale to participants in the community
10 corrections program through the commissary;
11 (2) expenses of operating the commissary, including facilities
12 and personnel;
13 (3) training for employees of the community corrections
14 program;
15 (4) equipment installed in the residential facility;
16 (5) equipment, including vehicles and computers, computer
17 software, communication devices, office machinery and
18 furnishings, cameras and photographic equipment, or attire
19 used by an employee of the community corrections program
20 in the course of the employee's official duties;
21 (6) an activity provided to maintain order and discipline
22 among the participants of the community corrections
23 program;
24 (7) an activity or program of the community corrections
25 program intended to reduce or prevent occurrences of
26 criminal activity; or
27 (8) any other purpose that benefits the community corrections
28 program that is mutually agreed upon by the community
29 corrections advisory board and the director of the community
30 corrections program.
31 Money disbursed from the fund under this subsection must be
32 supplemental or in addition to, rather than a replacement for,
33 regular appropriations made to carry out the purposes listed in
34 subdivisions (1) through (8).
35 Sec. 5. A community corrections officer may sell merchandise
36 from a commissary to a participant of the community corrections
37 program.
38 SECTION 2. IC 25-26-24-19, AS AMENDED BY P.L.233-2023,
39 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2025]: Sec. 19. (a) Information received by the INSPECT
41 program under section 17 of this chapter is confidential.
42 (b) The board shall carry out a program to protect the confidentiality
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1 of the information described in subsection (a). The board may disclose
2 the information to another person only under subsection (c), (d), or (g).
3 (c) The board may disclose confidential information described in
4 subsection (a) to any person who is authorized to engage in receiving,
5 processing, or storing the information.
6 (d) Except as provided in subsections (e) and (f), the board may
7 release confidential information described in subsection (a) to the
8 following persons:
9 (1) A member of the board or another governing body that
10 licenses practitioners and is engaged in an investigation, an
11 adjudication, or a prosecution of a violation under any state or
12 federal law that involves ephedrine, pseudoephedrine, or a
13 controlled substance.
14 (2) An investigator for the consumer protection division of the
15 office of the attorney general, a prosecuting attorney, the attorney
16 general, a deputy attorney general, or an investigator from the
17 office of the attorney general, who is engaged in:
18 (A) an investigation;
19 (B) an adjudication; or
20 (C) a prosecution;
21 of a violation under any state or federal law that involves
22 ephedrine, pseudoephedrine, or a controlled substance.
23 (3) A law enforcement officer, including a director of a
24 residential community corrections program, or the director's
25 designee, who is an employee of:
26 (A) a local, state, or federal law enforcement agency; or
27 (B) an entity that regulates ephedrine, pseudoephedrine, or
28 controlled substances or enforces ephedrine, pseudoephedrine,
29 or controlled substances rules or laws in another state;
30 that is certified to receive ephedrine, pseudoephedrine, or
31 controlled substance prescription drug information from the
32 INSPECT program.
33 (4) A practitioner or practitioner's agent certified to receive
34 information from the INSPECT program.
35 (5) An ephedrine, pseudoephedrine, or controlled substance
36 monitoring program in another state with which Indiana has
37 established an interoperability agreement.
38 (6) The state toxicologist.
39 (7) A certified representative of the Medicaid retrospective and
40 prospective drug utilization review program.
41 (8) A substance abuse assistance program for a licensed health
42 care provider who:
2025 IN 386—LS 6178/DI 116 4
1 (A) has prescriptive authority under this title; and
2 (B) is participating in the assistance program.
3 (9) An individual who holds a valid temporary medical permit
4 issued under IC 25-22.5-5-4 or a noneducational commission for
5 foreign medical graduates certified graduate permit issued under
6 IC 25-22.5-5-4.6.
7 (10) A county coroner conducting a medical investigation of the
8 cause of death.
9 (11) The management performance hub established by
10 IC 4-3-26-8.
11 (12) The state epidemiologist under the Indiana department of
12 health.
13 (e) Information provided to a person under:
14 (1) subsection (d)(3) is limited to information:
15 (A) concerning an individual or proceeding involving the
16 unlawful diversion or misuse of a schedule II, III, IV, or V
17 controlled substance; and
18 (B) that will assist in an investigation or proceeding;
19 (2) subsection (d)(4) may be released only for the purpose of:
20 (A) providing medical or pharmaceutical treatment; or
21 (B) evaluating the need for providing medical or
22 pharmaceutical treatment to a patient; and
23 (3) subsection (d)(11) must be released to the extent disclosure of
24 the information is not prohibited by applicable federal law.
25 (f) Before the board releases confidential information under
26 subsection (d), the applicant must be approved by the INSPECT
27 program in a manner prescribed by the board.
28 (g) The board may release to:
29 (1) a member of the board or another governing body that licenses
30 practitioners;
31 (2) an investigator for the consumer protection division of the
32 office of the attorney general, a prosecuting attorney, the attorney
33 general, a deputy attorney general, or an investigator from the
34 office of the attorney general; or
35 (3) a law enforcement officer, including a director of a
36 residential community corrections program, or the director's
37 designee, who is:
38 (A) authorized by the state police department to receive
39 ephedrine, pseudoephedrine, or controlled substance
40 prescription drug information; and
41 (B) approved by the board to receive the type of information
42 released;
2025 IN 386—LS 6178/DI 116 5
1 confidential information generated from computer records that
2 identifies practitioners who are prescribing or dispensing large
3 quantities of a controlled substance.
4 (h) The information described in subsection (g) may not be released
5 until it has been reviewed by:
6 (1) a member of the board who is licensed in the same profession
7 as the prescribing or dispensing practitioner identified by the data;
8 or
9 (2) the board's designee;
10 and until that member or the designee has certified that further
11 investigation is warranted. However, failure to comply with this
12 subsection does not invalidate the use of any evidence that is otherwise
13 admissible in a proceeding described in subsection (i).
14 (i) An investigator or a law enforcement officer, including a
15 director of a residential community corrections program, or the
16 director's designee, receiving confidential information under
17 subsection (c), (d), or (g) may disclose the information to a law
18 enforcement officer or an attorney for the office of the attorney general
19 for use as evidence in the following:
20 (1) A proceeding under IC 16-42-20.
21 (2) A proceeding under any state or federal law.
22 (3) A criminal proceeding or a proceeding in juvenile court.
23 (j) The board may compile statistical reports from the information
24 described in subsection (a). The reports must not include information
25 that identifies any practitioner, ultimate user, or other person
26 administering ephedrine, pseudoephedrine, or a controlled substance.
27 Statistical reports compiled under this subsection are public records.
28 (k) Except as provided in subsections (q) and (r), and in addition to
29 any requirements provided in IC 25-22.5-13, the following practitioners
30 shall obtain information about a patient from the data base either
31 directly or through the patient's integrated health record before
32 prescribing an opioid or benzodiazepine to the patient:
33 (1) A practitioner who has had the information from the data base
34 integrated into the patient's electronic health records.
35 (2) A practitioner who provides services to the patient in:
36 (A) the emergency department of a hospital licensed under
37 IC 16-21; or
38 (B) a pain management clinic.
39 (3) Beginning January 1, 2020, a practitioner who provides
40 services to the patient in a hospital licensed under IC 16-21.
41 (4) Beginning January 1, 2021, all practitioners.
42 However, a practitioner is not required to obtain information about a
2025 IN 386—LS 6178/DI 116 6
1 patient who is subject to a pain management contract from the data
2 base more than once every ninety (90) days.
3 (l) A practitioner who checks the INSPECT program either directly
4 through the data base or through the patient's integrated health record
5 for the available data on a patient is immune from civil liability for an
6 injury, death, or loss to a person solely due to a practitioner:
7 (1) seeking information from the INSPECT program; and
8 (2) in good faith using the information for the treatment of the
9 patient.
10 The civil immunity described in this subsection does not extend to a
11 practitioner if the practitioner receives information directly from the
12 INSPECT program or through the patient's integrated health record and
13 then negligently misuses this information. This subsection does not
14 apply to an act or omission that is a result of gross negligence or
15 intentional misconduct.
16 (m) The board may review the records of the INSPECT program. If
17 the board determines that a violation of the law may have occurred, the
18 board shall notify the appropriate law enforcement agency or the
19 relevant government body responsible for the licensure, regulation, or
20 discipline of practitioners authorized by law to prescribe controlled
21 substances.
22 (n) A practitioner who in good faith discloses information based on
23 a report from the INSPECT program either directly through the data
24 base or through the patient's integrated health record to a law
25 enforcement agency is immune from criminal or civil liability. A
26 practitioner that discloses information to a law enforcement agency
27 under this subsection is presumed to have acted in good faith.
28 (o) A practitioner's agent may act as a delegate and check INSPECT
29 program reports on behalf of the practitioner.
30 (p) A patient may access a report from the INSPECT program that
31 has been included in the patient's medical file by a practitioner.
32 (q) A practitioner is not required under subsection (k) to obtain
33 information about a patient from the data base or through the patient's
34 integrated health record before prescribing an opioid or benzodiazepine
35 if any of the following apply:
36 (1) The practitioner has obtained a waiver from the board because
37 the practitioner does not have access to the Internet at the
38 practitioner's place of business.
39 (2) The patient is:
40 (A) recovering; or
41 (B) in the process of completing a prescription that was
42 prescribed by another practitioner;
2025 IN 386—LS 6178/DI 116 7
1 while still being treated as an inpatient or in observation status.
2 (3) The data base described in section 18 of this chapter is
3 suspended or is not operational if the practitioner documents in
4 writing or electronically the date and time in the patient's medical
5 record that the practitioner, dispenser, or delegate attempted to
6 use the data base.
7 (r) A practitioner is not required under subsection (k) to obtain
8 information about a patient from the data base or through the patient's
9 integrated health record before prescribing an opioid or benzodiazepine
10 if the patient is enrolled in a hospice program (as defined in
11 IC 16-25-1.1-4).
12 SECTION 3. IC 36-8-10-21, AS AMENDED BY P.L.216-2007,
13 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2025]: Sec. 21. (a) Except as provided in IC 11-12-12, this
15 section applies to any county that has a jail commissary that sells
16 merchandise to inmates.
17 (b) A jail commissary fund is established, referred to in this section
18 as "the fund". The fund is separate from the general fund, and money
19 in the fund does not revert to the general fund.
20 (c) The sheriff, or the sheriff's designee, shall deposit all money
21 from commissary sales into the fund, which the sheriff or the sheriff's
22 designee shall keep in a depository designated under IC 5-13-8.
23 (d) The sheriff, or the sheriff's designee, at the sheriff's or the
24 sheriff's designee's discretion and without appropriation by the county
25 fiscal body, may disburse money from the fund for:
26 (1) merchandise for resale to inmates through the commissary;
27 (2) expenses of operating the commissary, including, but not
28 limited to, facilities and personnel;
29 (3) special training in law enforcement for employees of the
30 sheriff's department;
31 (4) equipment installed in the county jail;
32 (5) equipment, including vehicles and computers, computer
33 software, communication devices, office machinery and
34 furnishings, cameras and photographic equipment, animals,
35 animal training, holding and feeding equipment and supplies, or
36 attire used by an employee of the sheriff's department in the
37 course of the employee's official duties;
38 (6) an activity provided to maintain order and discipline among
39 the inmates of the county jail;
40 (7) an activity or program of the sheriff's department intended to
41 reduce or prevent occurrences of criminal activity, including the
42 following:
2025 IN 386—LS 6178/DI 116 8
1 (A) Substance abuse.
2 (B) Child abuse.
3 (C) Domestic violence.
4 (D) Drinking and driving.
5 (E) Juvenile delinquency;
6 (8) expenses related to the establishment, operation, or
7 maintenance of the sex and violent offender registry web site
8 under IC 36-2-13-5.5; or
9 (9) any other purpose that benefits the sheriff's department that is
10 mutually agreed upon by the county fiscal body and the county
11 sheriff.
12 Money disbursed from the fund under this subsection must be
13 supplemental or in addition to, rather than a replacement for, regular
14 appropriations made to carry out the purposes listed in subdivisions (1)
15 through (8). (9).
16 (e) The sheriff shall maintain a record of the fund's receipts and
17 disbursements. The state board of accounts shall prescribe the form for
18 this record. The sheriff shall semiannually provide a copy of this record
19 of receipts and disbursements to the county fiscal body. The
20 semiannual reports are due on July 1 and December 31 of each year.
2025 IN 386—LS 6178/DI 116