LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7446 NOTE PREPARED: Jan 14, 2025
BILL NUMBER: SB 495 BILL AMENDED:
SUBJECT: Employment upon Release from Prison.
FIRST AUTHOR: Sen. Spencer BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill has the following provisions:
A. It provides that when an offender preparing for reentry intends to reside within Indiana, the
Department of Correction (DOC) shall do the following:
(1) Take certain actions in coordination with the Bureau of Motor Vehicles (BMV) to provide a state
identification card if the offender does not have a current identification card or driver's license.
(2) Provide the offender with particular documents to assist the offender in obtaining employment
following the offender's release.
B. It requires the DOC to:
(1) assist certain offenders in preparing a resume and completing a practice job interview; and
(2) administer a job skills assessment test for each offender for whom a jail has not completed a job
skills assessment test.
C. It requires the DOC to issue a certificate of employability to an offender preparing for reentry if the
offender meets specified conditions. It provides immunity in some instances to the DOC.
D. It makes it a Class B misdemeanor for a person who, knowing the statement or representation to be
false, intentionally states or otherwise represents that the person has a valid certificate of
employability issued by the department.
E. It also requires the DOC to submit an annual report to the Governor and the General Assembly.
Effective Date: July 1, 2025.
Explanation of State Expenditures: This bill could increase the Department of Correction (DOC)
expenditures to establish, administer, and implement reentry services for incarcerated individuals preparing
for release. Under the bill, these services include obtaining an ID card or driver’s license, employability
SB 495 1 certifications (if applicable), resume building prep, practice job interviews, and job skills assessment tests.
To the extent the DOC can utilize existing programs or in-house reentry services already provided to fulfill
the bill’s requirements, the increase in workload is expected to be minimal and likely accomplished with
existing resources and funding levels.
Report: The bill requires the DOC to prepare and submit a report not later than December 31 of each year
to the Governor and the General Assembly. This provision will increase the administrative workload of the
DOC.
Hoosier Initiative for Re-Entry Progam (HIRE): The DOC’s HIRE program provides incarcerated individuals
with job readiness skills, training, resume development and job application assistance, financial literacy and
budgeting, computer and digital literacy, employment assessments, employability skills, and workplace
conflict resolution. The HIRE program focuses on assisting incarcerated individuals (clients) who have
completed certification training in and out of facility clients into employment.
Currently, upon release individuals are provided a portfolio containing all their certifications and important
documents.
Bureau of Motor Vehicles (BMV): The bill requires the BMV to establish a fee for an ID card under the bill.
The amount of the fee may not exceed the amount that an individual must pay to obtain an ID card outside
of prison. This provision will have no fiscal impact. Currently, the BMV provides free ID cards to Indiana
residents who do not drive for voting purposes.
Under current law, the BMV is required to collaborate with the DOC for the purposes of assisting
incarcerated individuals with obtaining state ID’s or reinstating driving privileges. The BMV reports the
agency currently works with DOC for purposes of assisting those individuals housed in DOC facilities with
new credential requests as well as reinstatement requests. The BMV operates three mobile branches that
typically schedule visits every six months with DOC facilities. The BMV typically receives a list from the
DOC facility coordinator that reflects inmates with a release date within 150 days of the visit. The DOC
coordinator works with the inmates to secure proper documentation for the credentialing process.
Civil Actions: The bill provides that the DOC is not liable in a civil action for damages based upon the
DOC’s decision to issue or deny issuance of a certificate of employability to an offender. It also provides that
the DOC is not liable in a civil action for the DOC’s decision to revoke or fail to revoke a certificate of
employability. As a result, these provisions could potentially reduce litigation expenses and court costs for
the DOC. However, any reduction is expected to be minimal.
Additional Information - Certificate of Employability: The bill requires the DOC to issue a certificate of
employability to an offender preparing for reentry (if applicable), and to certify these certificates, if requested
by an employer. The DOC may also use any available funds, including offender trust funds, donations, or
appropriations from the General Assembly, to pay for the costs associated with implementing the bill and
administering the program. As a result, the bill’s provisions could potentially increase state expenditures and
DOC workload to implement the program.
Explanation of State Revenues: Criminal Penalty: If additional court cases occur and fines are collected,
revenue to both the Common School Fund and the state General Fund would increase. The maximum fine
for a Class B misdemeanor is $1,000. Criminal fines are deposited in the Common School Fund.The total
fee revenue per case would range between $113 and $138. The amount of court fees deposited will vary
SB 495 2 depending on whether the case is filed in a court of record or a municipal court. The following linked
document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and
civil violation cases.
Civil Actions: If fewer civil cases occur and court fees are collected, revenue to the state General Fund will
decrease. The total revenue per case would range between $100 and $122. The amount deposited will vary
depending on whether the case is filed in a court of record or a municipal court. The following linked
document describes the fees and distribution of the revenue: Court fees imposed in civil, probate, and small
claims cases.
Explanation of Local Expenditures: A Class B misdemeanor is punishable by up to 180 days in jail. The
average cost per day to incarcerate a prisoner is approximately $64.53 based on the per diem payments
reported by U.S. Marshals to house federal prisoners in 11 county jails across Indiana during CY 2021.
Explanation of Local Revenues: Criminal Penalty: If additional court actions occur and a guilty verdict
is entered, more revenue will be collected by certain local units. If the case is filed in a court of record, the
county general fund will receive $47.40 and qualifying municipalities will receive a share of $3.60. If the
case is filed in a municipal court, the county receives $30, and the municipality will receive $46. The
following linked document describes the fees and distribution of the revenue: Court fees imposed in
criminal, juvenile, and civil violation cases.
Civil Actions: If fewer cases occur, revenue collected by certain local units will decrease. If the case is filed
in a court of record, the county will receive $32 and qualifying municipalities will receive a share of $3. If
the case is filed in a municipal court, the county receives $20, and the municipality will receive $37. The
following linked document describes the fees and distribution of the revenue: Court fees imposed in civil,
probate, and small claims cases.
State Agencies Affected: Bureau of Motor Vehicles; Department of Correction.
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources: Indiana Department of Correction, Hoosier Initiative for Re-Entry,
https://www.in.gov/idoc/files/HIRE-Info-Flyer.pdf; DOC, Policy and Administrative Procedures Manual,
The Development and Delivery of Programs,. Re-entry, and Case Management Services, Number 01-07-101,
Effective 9/11/2023,
https://www.in.gov/idoc/files/policy-and-procedure/policies/01-07-101-case-mgmt/01-07-101-Case-Mgm
t-9-11-2023.pdf; Indiana Supreme Court, Indiana Trial Court Fee Manual.
Fiscal Analyst: Corrin Harvey, 317-234-9438.
SB 495 3