Indiana 2025 Regular Session

Indiana Senate Bill SB0495 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. 495
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 11-10-17; IC 34-30-2.1-127.5; IC 35-52-11-4.
7	7	Synopsis: Employment upon release from prison. Provides that when
8	8	an offender preparing for reentry intends to reside within Indiana, the
9	9	department of correction (department) shall do the following: (1) Take
10	10	certain actions in coordination with the bureau of motor vehicles to
11	11	provide a state identification card if the offender does not have a
12	12	current identification card or driver's license. (2) Provide the offender
13	13	with particular documents to assist the offender in obtaining
14	14	employment following the offender's release. Requires the department
15	15	to: (1) assist certain offenders in preparing a resume and completing a
16	16	practice job interview; and (2) administer a job skills assessment test
17	17	for each offender for whom a jail has not completed a job skills
18	18	assessment test. Requires the department to issue a certificate of
19	19	employability to an offender preparing for reentry if the offender meets
20	20	specified conditions. Makes it a Class B misdemeanor for a person
21	21	who, knowing the statement or representation to be false, intentionally
22	22	states or otherwise represents that the person has a valid certificate of
23	23	employability issued by the department. Provides immunity in some
24	24	instances to the department. Requires the department to submit an
25	25	annual report to the governor and the general assembly.
26	26	Effective: July 1, 2025.
27	27	Spencer
28	28	January 14, 2025, read first time and referred to Committee on Corrections and Criminal
29	29	Law.
30	30	2025 IN 495—LS 7446/DI 144 Introduced
31	31	First Regular Session of the 124th General Assembly (2025)
32	32	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
33	33	Constitution) is being amended, the text of the existing provision will appear in this style type,
34	34	additions will appear in this style type, and deletions will appear in this style type.
35	35	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
36	36	provision adopted), the text of the new provision will appear in this style type. Also, the
37	37	word NEW will appear in that style type in the introductory clause of each SECTION that adds
38	38	a new provision to the Indiana Code or the Indiana Constitution.
39	39	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
40	40	between statutes enacted by the 2024 Regular Session of the General Assembly.
41	41	SENATE BILL No. 495
42	42	A BILL FOR AN ACT to amend the Indiana Code concerning
43	43	corrections.
44	44	Be it enacted by the General Assembly of the State of Indiana:
45	45	1 SECTION 1. IC 11-10-17 IS ADDED TO THE INDIANA CODE
46	46	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
47	47	3 JULY 1, 2025]:
48	48	4 Chapter 17. Preparation for Reentry and the Workforce
49	49	5 Sec. 1. For purposes of this chapter, "bureau" means the bureau
50	50	6 of motor vehicles.
51	51	7 Sec. 2. For purposes of this chapter, "eligible offender" means
52	52	8 an offender who meets the requirements under IC 9-24 to receive
53	53	9 an identification card.
54	54	10 Sec. 3. For purposes of this chapter, "identification card" means
55	55	11 a state identification card issued under IC 9-24.
56	56	12 Sec. 4. For purposes of this chapter, "offender preparing for
57	57	13 reentry" means an offender who:
58	58	14 (1) has completed a term of imprisonment for a felony; and
59	59	15 (2) is being released on parole or discharged from the
60	60	16 department.
61	61	17 Sec. 5. When an offender preparing for reentry intends to reside
62	62	2025 IN 495—LS 7446/DI 144 2
63	63	1 within Indiana, the department shall do the following:
64	64	2 (1) Coordinate with the bureau to provide an identification
65	65	3 card if the offender does not have a current identification
66	66	4 card or driver's license.
67	67	5 (2) Provide the offender with certain documents to assist the
68	68	6 offender in obtaining employment following the offender's
69	69	7 release.
70	70	8 Sec. 6. (a) Not earlier than nine (9) months before the earliest
71	71	9 possible release date for the offender preparing for reentry, the
72	72	10 department shall, in coordination with the bureau, do the
73	73	11 following:
74	74	12 (1) Determine whether the offender has a current
75	75	13 identification card or Indiana driver's license.
76	76	14 (2) If the offender does not have a current identification card
77	77	15 or Indiana driver's license, begin the process of gathering the
78	78	16 documentation required for obtaining an identification card.
79	79	17 (b) The department shall coordinate with the bureau to provide
80	80	18 an identification card to each eligible offender who will not have a
81	81	19 current identification card or Indiana driver's license upon the
82	82	20 offender's release from custody. Except as provided in subsection
83	83	21 (c), an identification card provided to an eligible offender must be
84	84	22 issued, denied, suspended, or revoked in the same manner as all
85	85	23 other identification cards.
86	86	24 (c) The following apply notwithstanding any other law:
87	87	25 (1) The bureau must allow the use of:
88	88	26 (A) a certified copy of an offender's birth certificate; and
89	89	27 (B) an offender identification card issued by the
90	90	28 department;
91	91	29 to serve as a valid form of identification for purposes of an
92	92	30 application to obtain an identification card.
93	93	31 (2) An identification card issued under this section is:
94	94	32 (A) valid for four (4) years from the month the
95	95	33 identification card is issued; and
96	96	34 (B) not renewable or transferable.
97	97	35 (3) The bureau shall determine a fee for an identification card
98	98	36 under this section. The amount of the fee may not exceed the
99	99	37 amount that an individual must pay to obtain an identification
100	100	38 card under IC 9-24.
101	101	39 (d) The department may use any available funds, including:
102	102	40 (1) offender trust funds;
103	103	41 (2) donations; and
104	104	42 (3) appropriations from the general assembly;
105	105	2025 IN 495—LS 7446/DI 144 3
106	106	1 to pay the costs associated with implementing this section,
107	107	2 administering this section, and paying the fee for obtaining an
108	108	3 identification card.
109	109	4 Sec. 7. (a) Except as provided in subsection (b), for purposes of
110	110	5 assisting an offender preparing for reentry to obtain employment
111	111	6 following the offender's release, the department shall provide an
112	112	7 offender with the following documents:
113	113	8 (1) A copy of the vocational training record of the offender, if
114	114	9 applicable.
115	115	10 (2) A copy of the work record of the offender, if applicable.
116	116	11 (3) A certified copy of the birth certificate of the offender, if
117	117	12 obtainable.
118	118	13 (4) A Social Security card or a replacement Social Security
119	119	14 card of the offender, if obtainable.
120	120	15 (5) A resume that includes any trade learned by the offender
121	121	16 and the offender's proficiency at that trade.
122	122	17 (6) Documentation that the offender has completed a practice
123	123	18 job interview.
124	124	19 (7) A notification to the offender if the offender is eligible to
125	125	20 apply for a license from a state entity charged with oversight
126	126	21 of an occupational license or certification.
127	127	22 (b) The requirement to complete a resume or a practice job
128	128	23 interview before an offender's release from incarceration under
129	129	24 subsection (a)(5) and (a)(6) does not apply to the following
130	130	25 categories of offenders:
131	131	26 (1) An offender who is at least sixty-five (65) years of age.
132	132	27 (2) An offender releasing to medical parole or discharging
133	133	28 from a prison infirmary setting.
134	134	29 (3) An offender releasing to the custody of another
135	135	30 jurisdiction on a warrant or detainer.
136	136	31 (4) An offender who the department determines would be
137	137	32 physically or mentally unable to return to the workforce upon
138	138	33 release from incarceration.
139	139	34 (c) This subsection does not apply to an offender described in
140	140	35 subsection (b). The department shall assist each offender in:
141	141	36 (1) preparing a resume described in subsection (a)(5); and
142	142	37 (2) completing a practice job interview.
143	143	38 Sec. 8. (a) The department shall issue a certificate of
144	144	39 employability to an offender preparing for reentry if all of the
145	145	40 following apply to the offender:
146	146	41 (1) The offender has achieved at least one (1) of the following:
147	147	42 (A) While incarcerated, the offender successfully earned
148	148	2025 IN 495—LS 7446/DI 144 4
149	149	1 educational credit.
150	150	2 (B) Prior to incarceration, the offender earned a:
151	151	3 (i) high school equivalency diploma;
152	152	4 (ii) high school diploma;
153	153	5 (iii) college degree;
154	154	6 (iv) certification from a vocational or technical education
155	155	7 program; or
156	156	8 (v) diploma or degree from a correspondence
157	157	9 postsecondary education program.
158	158	10 (2) The offender did not receive a major disciplinary
159	159	11 violation, as determined by the department, during the year
160	160	12 immediately preceding the offender's release.
161	161	13 (3) The offender received a score or level of competence:
162	162	14 (A) on a job skills assessment test administered by the
163	163	15 department or a jail; and
164	164	16 (B) determined by the department to be sufficient for
165	165	17 certifying the offender's employability.
166	166	18 (b) The department shall administer a job skills assessment test
167	167	19 to each offender for whom a jail has not completed a job skills
168	168	20 assessment test.
169	169	21 (c) The department shall notify each incoming offender of the
170	170	22 possibility to earn a certificate of employability.
171	171	23 Sec. 9. The following apply to a certificate of employability
172	172	24 issued under section 8 of this chapter:
173	173	25 (1) The certificate must be issued to the offender when the
174	174	26 offender is released from a correctional facility.
175	175	27 (2) The certificate must be on a form provided by the
176	176	28 department.
177	177	29 (3) The certificate is valid unless it is revoked by the
178	178	30 department.
179	179	31 (4) A certificate does not create relief from:
180	180	32 (A) a requirement to register as a sex offender under
181	181	33 IC 11-8-8;
182	182	34 (B) the suspension, cancellation, or revocation of a driver's
183	183	35 license, commercial driver's license, or probationary
184	184	36 license;
185	185	37 (C) a restriction on employment as a prosecutor or law
186	186	38 enforcement officer; or
187	187	39 (D) ineligibility for, the denial of, or the automatic
188	188	40 suspension of a health care professional's license due to a
189	189	41 substance use disorder.
190	190	42 Sec. 10. (a) The department shall revoke a certificate of
191	191	2025 IN 495—LS 7446/DI 144 5
192	192	1 employability issued under section 8 of this chapter if the
193	193	2 individual who holds the certificate is convicted of a felony after
194	194	3 the certificate is issued. The revocation is effective when the
195	195	4 individual is notified of the revocation.
196	196	5 (b) The department shall provide to an individual described in
197	197	6 subsection (a) the opportunity to file a grievance under IC 11-11-1.
198	198	7 If the department finds as a result of the grievance procedure that
199	199	8 a certificate of employability was improperly revoked under
200	200	9 subsection (a), the department shall restore the certificate of
201	201	10 employability to the offender.
202	202	11 (c) This subsection applies if:
203	203	12 (1) an individual's certificate of employability has been
204	204	13 revoked under subsection (a); and
205	205	14 (2) an employer relies on the revoked certificate in hiring the
206	206	15 individual described in subdivision (1).
207	207	16 The employer may rely on the validity of a certificate of
208	208	17 employability, unless the employer knows before hiring the
209	209	18 individual that the certificate of employability is fraudulent.
210	210	19 (d) A person who, knowing the statement or representation to
211	211	20 be false, intentionally states or otherwise represents that the person
212	212	21 has a valid certificate of employability issued by the department
213	213	22 commits a Class B misdemeanor.
214	214	23 Sec. 11. At the request of an employer, the department shall
215	215	24 confirm whether:
216	216	25 (1) a certificate of employability has been issued to a certain
217	217	26 individual; and
218	218	27 (2) the certificate is valid at the time of:
219	219	28 (A) the inquiry; and
220	220	29 (B) the department's response to the inquiry.
221	221	30 Sec. 12. (a) The department is not liable in a civil action for
222	222	31 damages based upon the department's decision to:
223	223	32 (1) issue or deny issuance of a certificate of employability to
224	224	33 an offender; or
225	225	34 (2) revoke or fail to revoke a certificate of employability
226	226	35 issued to an offender.
227	227	36 (b) In an action or administrative proceeding alleging
228	228	37 negligence or other fault, a certificate of employability issued to an
229	229	38 individual under this chapter may be introduced as evidence of a
230	230	39 person's due care in:
231	231	40 (1) hiring;
232	232	41 (2) retaining;
233	233	42 (3) licensing;
234	234	2025 IN 495—LS 7446/DI 144 6
235	235	1 (4) leasing to;
236	236	2 (5) admitting to a school or program;
237	237	3 (6) transacting business with; or
238	238	4 (7) engaging in activity with;
239	239	5 the individual to whom the certificate of employability was issued,
240	240	6 if the person knew of the certificate at the time of the alleged
241	241	7 negligence or other fault.
242	242	8 (c) In an action or administrative proceeding against an
243	243	9 employer alleging negligent hiring, a certificate of employability
244	244	10 issued to an individual under this chapter is a defense for the
245	245	11 employer against the claim, if the employer knew of the certificate
246	246	12 at the time of the alleged negligence. However, the defense does not
247	247	13 apply if the employer knew or should have known the employee
248	248	14 should not be hired for the position due to the nature of the
249	249	15 employee's history, including criminal history.
250	250	16 Sec. 13. (a) The department shall submit an annual report not
251	251	17 later than December 31 of each year to the governor and the
252	252	18 general assembly. The report to the general assembly must be in an
253	253	19 electronic format under IC 5-14-6.
254	254	20 (b) The annual report under subsection (a) must include the
255	255	21 following:
256	256	22 (1) The number of certificates of employability issued in the
257	257	23 preceding twelve (12) months.
258	258	24 (2) The rate of recidivism among released offenders who were
259	259	25 issued certificates of employability.
260	260	26 (3) Any other information that the department deems
261	261	27 appropriate to include.
262	262	28 Sec. 14. The department and the bureau may adopt rules and
263	263	29 procedures to implement this chapter.
264	264	30 SECTION 2. IC 34-30-2.1-127.5 IS ADDED TO THE INDIANA
265	265	31 CODE AS A NEW SECTION TO READ AS FOLLOWS
266	266	32 [EFFECTIVE JULY 1, 2025]: Sec. 127.5. IC 11-10-17-12
267	267	33 (Concerning a certificate of employability).
268	268	34 SECTION 3. IC 35-52-11-4 IS ADDED TO THE INDIANA CODE
269	269	35 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
270	270	36 1, 2025]: Sec. 4. IC 11-10-17-10 defines a crime concerning a
271	271	37 certificate of employability.
272	272	2025 IN 495—LS 7446/DI 144