Indiana 2025 Regular Session

Indiana Senate Bill SB0386 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 386
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 11-12-12; IC 25-26-24-19; IC 36-8-10-21.
7	7	Synopsis: Community corrections programs. Establishes a community
8	8	corrections commissary fund (fund). Provides that the director of the
9	9	community corrections program, or the director's designee, shall
10	10	deposit all money from a commissary that sells merchandise to
11	11	participants in the particular community corrections program into the
12	12	fund. Provides that a community corrections officer may sell
13	13	merchandise from a commissary to a participant of the community
14	14	corrections program. Provides that the director of a residential
15	15	community corrections program, or the director's designee, may receive
16	16	confidential information from the Indiana scheduled prescription
17	17	electronic collection and tracking (INSPECT) program.
18	18	Effective: July 1, 2025.
19	19	Goode
20	20	January 13, 2025, read first time and referred to Committee on Corrections and Criminal
21	21	Law.
22	22	2025 IN 386—LS 6178/DI 116 Introduced
23	23	First Regular Session of the 124th General Assembly (2025)
24	24	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
25	25	Constitution) is being amended, the text of the existing provision will appear in this style type,
26	26	additions will appear in this style type, and deletions will appear in this style type.
27	27	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
28	28	provision adopted), the text of the new provision will appear in this style type. Also, the
29	29	word NEW will appear in that style type in the introductory clause of each SECTION that adds
30	30	a new provision to the Indiana Code or the Indiana Constitution.
31	31	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
32	32	between statutes enacted by the 2024 Regular Session of the General Assembly.
33	33	SENATE BILL No. 386
34	34	A BILL FOR AN ACT to amend the Indiana Code concerning
35	35	corrections.
36	36	Be it enacted by the General Assembly of the State of Indiana:
37	37	1 SECTION 1. IC 11-12-12 IS ADDED TO THE INDIANA CODE
38	38	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
39	39	3 JULY 1, 2025]:
40	40	4 Chapter 12. Community Corrections Program Commissary
41	41	5 Sec. 1. This chapter applies to a community corrections
42	42	6 program that consists of a residential facility and work release
43	43	7 program.
44	44	8 Sec. 2. This chapter does not apply to a jail commissary
45	45	9 described in IC 36-8-10-21.
46	46	10 Sec. 3. As used in this chapter, "fund" refers to a community
47	47	11 corrections commissary fund established by section 4 of this
48	48	12 chapter.
49	49	13 Sec. 4. (a) The community corrections commissary fund is
50	50	14 established. The fund is separate from any other fund, and money
51	51	15 in the fund does not revert to any other fund.
52	52	16 (b) The director of the community corrections program, or the
53	53	17 director's designee, shall deposit all money from a commissary that
54	54	2025 IN 386—LS 6178/DI 116 2
55	55	1 sells merchandise to participants in the particular community
56	56	2 corrections program into the fund. The director of the community
57	57	3 corrections program, or the director's designee, shall keep the fund
58	58	4 in a depository designated under IC 5-13-8.
59	59	5 (c) The director of the community corrections program, or the
60	60	6 director's designee, at the program director's or the director's
61	61	7 designee's discretion and without appropriation by the county
62	62	8 fiscal body, may disburse money from the fund for:
63	63	9 (1) merchandise for resale to participants in the community
64	64	10 corrections program through the commissary;
65	65	11 (2) expenses of operating the commissary, including facilities
66	66	12 and personnel;
67	67	13 (3) training for employees of the community corrections
68	68	14 program;
69	69	15 (4) equipment installed in the residential facility;
70	70	16 (5) equipment, including vehicles and computers, computer
71	71	17 software, communication devices, office machinery and
72	72	18 furnishings, cameras and photographic equipment, or attire
73	73	19 used by an employee of the community corrections program
74	74	20 in the course of the employee's official duties;
75	75	21 (6) an activity provided to maintain order and discipline
76	76	22 among the participants of the community corrections
77	77	23 program;
78	78	24 (7) an activity or program of the community corrections
79	79	25 program intended to reduce or prevent occurrences of
80	80	26 criminal activity; or
81	81	27 (8) any other purpose that benefits the community corrections
82	82	28 program that is mutually agreed upon by the community
83	83	29 corrections advisory board and the director of the community
84	84	30 corrections program.
85	85	31 Money disbursed from the fund under this subsection must be
86	86	32 supplemental or in addition to, rather than a replacement for,
87	87	33 regular appropriations made to carry out the purposes listed in
88	88	34 subdivisions (1) through (8).
89	89	35 Sec. 5. A community corrections officer may sell merchandise
90	90	36 from a commissary to a participant of the community corrections
91	91	37 program.
92	92	38 SECTION 2. IC 25-26-24-19, AS AMENDED BY P.L.233-2023,
93	93	39 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
94	94	40 JULY 1, 2025]: Sec. 19. (a) Information received by the INSPECT
95	95	41 program under section 17 of this chapter is confidential.
96	96	42 (b) The board shall carry out a program to protect the confidentiality
97	97	2025 IN 386—LS 6178/DI 116 3
98	98	1 of the information described in subsection (a). The board may disclose
99	99	2 the information to another person only under subsection (c), (d), or (g).
100	100	3 (c) The board may disclose confidential information described in
101	101	4 subsection (a) to any person who is authorized to engage in receiving,
102	102	5 processing, or storing the information.
103	103	6 (d) Except as provided in subsections (e) and (f), the board may
104	104	7 release confidential information described in subsection (a) to the
105	105	8 following persons:
106	106	9 (1) A member of the board or another governing body that
107	107	10 licenses practitioners and is engaged in an investigation, an
108	108	11 adjudication, or a prosecution of a violation under any state or
109	109	12 federal law that involves ephedrine, pseudoephedrine, or a
110	110	13 controlled substance.
111	111	14 (2) An investigator for the consumer protection division of the
112	112	15 office of the attorney general, a prosecuting attorney, the attorney
113	113	16 general, a deputy attorney general, or an investigator from the
114	114	17 office of the attorney general, who is engaged in:
115	115	18 (A) an investigation;
116	116	19 (B) an adjudication; or
117	117	20 (C) a prosecution;
118	118	21 of a violation under any state or federal law that involves
119	119	22 ephedrine, pseudoephedrine, or a controlled substance.
120	120	23 (3) A law enforcement officer, including a director of a
121	121	24 residential community corrections program, or the director's
122	122	25 designee, who is an employee of:
123	123	26 (A) a local, state, or federal law enforcement agency; or
124	124	27 (B) an entity that regulates ephedrine, pseudoephedrine, or
125	125	28 controlled substances or enforces ephedrine, pseudoephedrine,
126	126	29 or controlled substances rules or laws in another state;
127	127	30 that is certified to receive ephedrine, pseudoephedrine, or
128	128	31 controlled substance prescription drug information from the
129	129	32 INSPECT program.
130	130	33 (4) A practitioner or practitioner's agent certified to receive
131	131	34 information from the INSPECT program.
132	132	35 (5) An ephedrine, pseudoephedrine, or controlled substance
133	133	36 monitoring program in another state with which Indiana has
134	134	37 established an interoperability agreement.
135	135	38 (6) The state toxicologist.
136	136	39 (7) A certified representative of the Medicaid retrospective and
137	137	40 prospective drug utilization review program.
138	138	41 (8) A substance abuse assistance program for a licensed health
139	139	42 care provider who:
140	140	2025 IN 386—LS 6178/DI 116 4
141	141	1 (A) has prescriptive authority under this title; and
142	142	2 (B) is participating in the assistance program.
143	143	3 (9) An individual who holds a valid temporary medical permit
144	144	4 issued under IC 25-22.5-5-4 or a noneducational commission for
145	145	5 foreign medical graduates certified graduate permit issued under
146	146	6 IC 25-22.5-5-4.6.
147	147	7 (10) A county coroner conducting a medical investigation of the
148	148	8 cause of death.
149	149	9 (11) The management performance hub established by
150	150	10 IC 4-3-26-8.
151	151	11 (12) The state epidemiologist under the Indiana department of
152	152	12 health.
153	153	13 (e) Information provided to a person under:
154	154	14 (1) subsection (d)(3) is limited to information:
155	155	15 (A) concerning an individual or proceeding involving the
156	156	16 unlawful diversion or misuse of a schedule II, III, IV, or V
157	157	17 controlled substance; and
158	158	18 (B) that will assist in an investigation or proceeding;
159	159	19 (2) subsection (d)(4) may be released only for the purpose of:
160	160	20 (A) providing medical or pharmaceutical treatment; or
161	161	21 (B) evaluating the need for providing medical or
162	162	22 pharmaceutical treatment to a patient; and
163	163	23 (3) subsection (d)(11) must be released to the extent disclosure of
164	164	24 the information is not prohibited by applicable federal law.
165	165	25 (f) Before the board releases confidential information under
166	166	26 subsection (d), the applicant must be approved by the INSPECT
167	167	27 program in a manner prescribed by the board.
168	168	28 (g) The board may release to:
169	169	29 (1) a member of the board or another governing body that licenses
170	170	30 practitioners;
171	171	31 (2) an investigator for the consumer protection division of the
172	172	32 office of the attorney general, a prosecuting attorney, the attorney
173	173	33 general, a deputy attorney general, or an investigator from the
174	174	34 office of the attorney general; or
175	175	35 (3) a law enforcement officer, including a director of a
176	176	36 residential community corrections program, or the director's
177	177	37 designee, who is:
178	178	38 (A) authorized by the state police department to receive
179	179	39 ephedrine, pseudoephedrine, or controlled substance
180	180	40 prescription drug information; and
181	181	41 (B) approved by the board to receive the type of information
182	182	42 released;
183	183	2025 IN 386—LS 6178/DI 116 5
184	184	1 confidential information generated from computer records that
185	185	2 identifies practitioners who are prescribing or dispensing large
186	186	3 quantities of a controlled substance.
187	187	4 (h) The information described in subsection (g) may not be released
188	188	5 until it has been reviewed by:
189	189	6 (1) a member of the board who is licensed in the same profession
190	190	7 as the prescribing or dispensing practitioner identified by the data;
191	191	8 or
192	192	9 (2) the board's designee;
193	193	10 and until that member or the designee has certified that further
194	194	11 investigation is warranted. However, failure to comply with this
195	195	12 subsection does not invalidate the use of any evidence that is otherwise
196	196	13 admissible in a proceeding described in subsection (i).
197	197	14 (i) An investigator or a law enforcement officer, including a
198	198	15 director of a residential community corrections program, or the
199	199	16 director's designee, receiving confidential information under
200	200	17 subsection (c), (d), or (g) may disclose the information to a law
201	201	18 enforcement officer or an attorney for the office of the attorney general
202	202	19 for use as evidence in the following:
203	203	20 (1) A proceeding under IC 16-42-20.
204	204	21 (2) A proceeding under any state or federal law.
205	205	22 (3) A criminal proceeding or a proceeding in juvenile court.
206	206	23 (j) The board may compile statistical reports from the information
207	207	24 described in subsection (a). The reports must not include information
208	208	25 that identifies any practitioner, ultimate user, or other person
209	209	26 administering ephedrine, pseudoephedrine, or a controlled substance.
210	210	27 Statistical reports compiled under this subsection are public records.
211	211	28 (k) Except as provided in subsections (q) and (r), and in addition to
212	212	29 any requirements provided in IC 25-22.5-13, the following practitioners
213	213	30 shall obtain information about a patient from the data base either
214	214	31 directly or through the patient's integrated health record before
215	215	32 prescribing an opioid or benzodiazepine to the patient:
216	216	33 (1) A practitioner who has had the information from the data base
217	217	34 integrated into the patient's electronic health records.
218	218	35 (2) A practitioner who provides services to the patient in:
219	219	36 (A) the emergency department of a hospital licensed under
220	220	37 IC 16-21; or
221	221	38 (B) a pain management clinic.
222	222	39 (3) Beginning January 1, 2020, a practitioner who provides
223	223	40 services to the patient in a hospital licensed under IC 16-21.
224	224	41 (4) Beginning January 1, 2021, all practitioners.
225	225	42 However, a practitioner is not required to obtain information about a
226	226	2025 IN 386—LS 6178/DI 116 6
227	227	1 patient who is subject to a pain management contract from the data
228	228	2 base more than once every ninety (90) days.
229	229	3 (l) A practitioner who checks the INSPECT program either directly
230	230	4 through the data base or through the patient's integrated health record
231	231	5 for the available data on a patient is immune from civil liability for an
232	232	6 injury, death, or loss to a person solely due to a practitioner:
233	233	7 (1) seeking information from the INSPECT program; and
234	234	8 (2) in good faith using the information for the treatment of the
235	235	9 patient.
236	236	10 The civil immunity described in this subsection does not extend to a
237	237	11 practitioner if the practitioner receives information directly from the
238	238	12 INSPECT program or through the patient's integrated health record and
239	239	13 then negligently misuses this information. This subsection does not
240	240	14 apply to an act or omission that is a result of gross negligence or
241	241	15 intentional misconduct.
242	242	16 (m) The board may review the records of the INSPECT program. If
243	243	17 the board determines that a violation of the law may have occurred, the
244	244	18 board shall notify the appropriate law enforcement agency or the
245	245	19 relevant government body responsible for the licensure, regulation, or
246	246	20 discipline of practitioners authorized by law to prescribe controlled
247	247	21 substances.
248	248	22 (n) A practitioner who in good faith discloses information based on
249	249	23 a report from the INSPECT program either directly through the data
250	250	24 base or through the patient's integrated health record to a law
251	251	25 enforcement agency is immune from criminal or civil liability. A
252	252	26 practitioner that discloses information to a law enforcement agency
253	253	27 under this subsection is presumed to have acted in good faith.
254	254	28 (o) A practitioner's agent may act as a delegate and check INSPECT
255	255	29 program reports on behalf of the practitioner.
256	256	30 (p) A patient may access a report from the INSPECT program that
257	257	31 has been included in the patient's medical file by a practitioner.
258	258	32 (q) A practitioner is not required under subsection (k) to obtain
259	259	33 information about a patient from the data base or through the patient's
260	260	34 integrated health record before prescribing an opioid or benzodiazepine
261	261	35 if any of the following apply:
262	262	36 (1) The practitioner has obtained a waiver from the board because
263	263	37 the practitioner does not have access to the Internet at the
264	264	38 practitioner's place of business.
265	265	39 (2) The patient is:
266	266	40 (A) recovering; or
267	267	41 (B) in the process of completing a prescription that was
268	268	42 prescribed by another practitioner;
269	269	2025 IN 386—LS 6178/DI 116 7
270	270	1 while still being treated as an inpatient or in observation status.
271	271	2 (3) The data base described in section 18 of this chapter is
272	272	3 suspended or is not operational if the practitioner documents in
273	273	4 writing or electronically the date and time in the patient's medical
274	274	5 record that the practitioner, dispenser, or delegate attempted to
275	275	6 use the data base.
276	276	7 (r) A practitioner is not required under subsection (k) to obtain
277	277	8 information about a patient from the data base or through the patient's
278	278	9 integrated health record before prescribing an opioid or benzodiazepine
279	279	10 if the patient is enrolled in a hospice program (as defined in
280	280	11 IC 16-25-1.1-4).
281	281	12 SECTION 3. IC 36-8-10-21, AS AMENDED BY P.L.216-2007,
282	282	13 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
283	283	14 JULY 1, 2025]: Sec. 21. (a) Except as provided in IC 11-12-12, this
284	284	15 section applies to any county that has a jail commissary that sells
285	285	16 merchandise to inmates.
286	286	17 (b) A jail commissary fund is established, referred to in this section
287	287	18 as "the fund". The fund is separate from the general fund, and money
288	288	19 in the fund does not revert to the general fund.
289	289	20 (c) The sheriff, or the sheriff's designee, shall deposit all money
290	290	21 from commissary sales into the fund, which the sheriff or the sheriff's
291	291	22 designee shall keep in a depository designated under IC 5-13-8.
292	292	23 (d) The sheriff, or the sheriff's designee, at the sheriff's or the
293	293	24 sheriff's designee's discretion and without appropriation by the county
294	294	25 fiscal body, may disburse money from the fund for:
295	295	26 (1) merchandise for resale to inmates through the commissary;
296	296	27 (2) expenses of operating the commissary, including, but not
297	297	28 limited to, facilities and personnel;
298	298	29 (3) special training in law enforcement for employees of the
299	299	30 sheriff's department;
300	300	31 (4) equipment installed in the county jail;
301	301	32 (5) equipment, including vehicles and computers, computer
302	302	33 software, communication devices, office machinery and
303	303	34 furnishings, cameras and photographic equipment, animals,
304	304	35 animal training, holding and feeding equipment and supplies, or
305	305	36 attire used by an employee of the sheriff's department in the
306	306	37 course of the employee's official duties;
307	307	38 (6) an activity provided to maintain order and discipline among
308	308	39 the inmates of the county jail;
309	309	40 (7) an activity or program of the sheriff's department intended to
310	310	41 reduce or prevent occurrences of criminal activity, including the
311	311	42 following:
312	312	2025 IN 386—LS 6178/DI 116 8
313	313	1 (A) Substance abuse.
314	314	2 (B) Child abuse.
315	315	3 (C) Domestic violence.
316	316	4 (D) Drinking and driving.
317	317	5 (E) Juvenile delinquency;
318	318	6 (8) expenses related to the establishment, operation, or
319	319	7 maintenance of the sex and violent offender registry web site
320	320	8 under IC 36-2-13-5.5; or
321	321	9 (9) any other purpose that benefits the sheriff's department that is
322	322	10 mutually agreed upon by the county fiscal body and the county
323	323	11 sheriff.
324	324	12 Money disbursed from the fund under this subsection must be
325	325	13 supplemental or in addition to, rather than a replacement for, regular
326	326	14 appropriations made to carry out the purposes listed in subdivisions (1)
327	327	15 through (8). (9).
328	328	16 (e) The sheriff shall maintain a record of the fund's receipts and
329	329	17 disbursements. The state board of accounts shall prescribe the form for
330	330	18 this record. The sheriff shall semiannually provide a copy of this record
331	331	19 of receipts and disbursements to the county fiscal body. The
332	332	20 semiannual reports are due on July 1 and December 31 of each year.
333	333	2025 IN 386—LS 6178/DI 116