Introduced Version
SENATE BILL No. 495
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 11-10-17; IC 34-30-2.1-127.5; IC 35-52-11-4.
Synopsis: Employment upon release from prison. Provides that when
an offender preparing for reentry intends to reside within Indiana, the
department of correction (department) shall do the following: (1) Take
certain actions in coordination with the bureau of motor vehicles 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. Requires the department
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. Requires the department to issue a certificate of
employability to an offender preparing for reentry if the offender meets
specified conditions. 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. Provides immunity in some
instances to the department. Requires the department to submit an
annual report to the governor and the general assembly.
Effective: July 1, 2025.
Spencer
January 14, 2025, read first time and referred to Committee on Corrections and Criminal
Law.
2025 IN 495—LS 7446/DI 144 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. 495
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 11-10-17 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]:
4 Chapter 17. Preparation for Reentry and the Workforce
5 Sec. 1. For purposes of this chapter, "bureau" means the bureau
6 of motor vehicles.
7 Sec. 2. For purposes of this chapter, "eligible offender" means
8 an offender who meets the requirements under IC 9-24 to receive
9 an identification card.
10 Sec. 3. For purposes of this chapter, "identification card" means
11 a state identification card issued under IC 9-24.
12 Sec. 4. For purposes of this chapter, "offender preparing for
13 reentry" means an offender who:
14 (1) has completed a term of imprisonment for a felony; and
15 (2) is being released on parole or discharged from the
16 department.
17 Sec. 5. When an offender preparing for reentry intends to reside
2025 IN 495—LS 7446/DI 144 2
1 within Indiana, the department shall do the following:
2 (1) Coordinate with the bureau to provide an identification
3 card if the offender does not have a current identification
4 card or driver's license.
5 (2) Provide the offender with certain documents to assist the
6 offender in obtaining employment following the offender's
7 release.
8 Sec. 6. (a) Not earlier than nine (9) months before the earliest
9 possible release date for the offender preparing for reentry, the
10 department shall, in coordination with the bureau, do the
11 following:
12 (1) Determine whether the offender has a current
13 identification card or Indiana driver's license.
14 (2) If the offender does not have a current identification card
15 or Indiana driver's license, begin the process of gathering the
16 documentation required for obtaining an identification card.
17 (b) The department shall coordinate with the bureau to provide
18 an identification card to each eligible offender who will not have a
19 current identification card or Indiana driver's license upon the
20 offender's release from custody. Except as provided in subsection
21 (c), an identification card provided to an eligible offender must be
22 issued, denied, suspended, or revoked in the same manner as all
23 other identification cards.
24 (c) The following apply notwithstanding any other law:
25 (1) The bureau must allow the use of:
26 (A) a certified copy of an offender's birth certificate; and
27 (B) an offender identification card issued by the
28 department;
29 to serve as a valid form of identification for purposes of an
30 application to obtain an identification card.
31 (2) An identification card issued under this section is:
32 (A) valid for four (4) years from the month the
33 identification card is issued; and
34 (B) not renewable or transferable.
35 (3) The bureau shall determine a fee for an identification card
36 under this section. The amount of the fee may not exceed the
37 amount that an individual must pay to obtain an identification
38 card under IC 9-24.
39 (d) The department may use any available funds, including:
40 (1) offender trust funds;
41 (2) donations; and
42 (3) appropriations from the general assembly;
2025 IN 495—LS 7446/DI 144 3
1 to pay the costs associated with implementing this section,
2 administering this section, and paying the fee for obtaining an
3 identification card.
4 Sec. 7. (a) Except as provided in subsection (b), for purposes of
5 assisting an offender preparing for reentry to obtain employment
6 following the offender's release, the department shall provide an
7 offender with the following documents:
8 (1) A copy of the vocational training record of the offender, if
9 applicable.
10 (2) A copy of the work record of the offender, if applicable.
11 (3) A certified copy of the birth certificate of the offender, if
12 obtainable.
13 (4) A Social Security card or a replacement Social Security
14 card of the offender, if obtainable.
15 (5) A resume that includes any trade learned by the offender
16 and the offender's proficiency at that trade.
17 (6) Documentation that the offender has completed a practice
18 job interview.
19 (7) A notification to the offender if the offender is eligible to
20 apply for a license from a state entity charged with oversight
21 of an occupational license or certification.
22 (b) The requirement to complete a resume or a practice job
23 interview before an offender's release from incarceration under
24 subsection (a)(5) and (a)(6) does not apply to the following
25 categories of offenders:
26 (1) An offender who is at least sixty-five (65) years of age.
27 (2) An offender releasing to medical parole or discharging
28 from a prison infirmary setting.
29 (3) An offender releasing to the custody of another
30 jurisdiction on a warrant or detainer.
31 (4) An offender who the department determines would be
32 physically or mentally unable to return to the workforce upon
33 release from incarceration.
34 (c) This subsection does not apply to an offender described in
35 subsection (b). The department shall assist each offender in:
36 (1) preparing a resume described in subsection (a)(5); and
37 (2) completing a practice job interview.
38 Sec. 8. (a) The department shall issue a certificate of
39 employability to an offender preparing for reentry if all of the
40 following apply to the offender:
41 (1) The offender has achieved at least one (1) of the following:
42 (A) While incarcerated, the offender successfully earned
2025 IN 495—LS 7446/DI 144 4
1 educational credit.
2 (B) Prior to incarceration, the offender earned a:
3 (i) high school equivalency diploma;
4 (ii) high school diploma;
5 (iii) college degree;
6 (iv) certification from a vocational or technical education
7 program; or
8 (v) diploma or degree from a correspondence
9 postsecondary education program.
10 (2) The offender did not receive a major disciplinary
11 violation, as determined by the department, during the year
12 immediately preceding the offender's release.
13 (3) The offender received a score or level of competence:
14 (A) on a job skills assessment test administered by the
15 department or a jail; and
16 (B) determined by the department to be sufficient for
17 certifying the offender's employability.
18 (b) The department shall administer a job skills assessment test
19 to each offender for whom a jail has not completed a job skills
20 assessment test.
21 (c) The department shall notify each incoming offender of the
22 possibility to earn a certificate of employability.
23 Sec. 9. The following apply to a certificate of employability
24 issued under section 8 of this chapter:
25 (1) The certificate must be issued to the offender when the
26 offender is released from a correctional facility.
27 (2) The certificate must be on a form provided by the
28 department.
29 (3) The certificate is valid unless it is revoked by the
30 department.
31 (4) A certificate does not create relief from:
32 (A) a requirement to register as a sex offender under
33 IC 11-8-8;
34 (B) the suspension, cancellation, or revocation of a driver's
35 license, commercial driver's license, or probationary
36 license;
37 (C) a restriction on employment as a prosecutor or law
38 enforcement officer; or
39 (D) ineligibility for, the denial of, or the automatic
40 suspension of a health care professional's license due to a
41 substance use disorder.
42 Sec. 10. (a) The department shall revoke a certificate of
2025 IN 495—LS 7446/DI 144 5
1 employability issued under section 8 of this chapter if the
2 individual who holds the certificate is convicted of a felony after
3 the certificate is issued. The revocation is effective when the
4 individual is notified of the revocation.
5 (b) The department shall provide to an individual described in
6 subsection (a) the opportunity to file a grievance under IC 11-11-1.
7 If the department finds as a result of the grievance procedure that
8 a certificate of employability was improperly revoked under
9 subsection (a), the department shall restore the certificate of
10 employability to the offender.
11 (c) This subsection applies if:
12 (1) an individual's certificate of employability has been
13 revoked under subsection (a); and
14 (2) an employer relies on the revoked certificate in hiring the
15 individual described in subdivision (1).
16 The employer may rely on the validity of a certificate of
17 employability, unless the employer knows before hiring the
18 individual that the certificate of employability is fraudulent.
19 (d) A person who, knowing the statement or representation to
20 be false, intentionally states or otherwise represents that the person
21 has a valid certificate of employability issued by the department
22 commits a Class B misdemeanor.
23 Sec. 11. At the request of an employer, the department shall
24 confirm whether:
25 (1) a certificate of employability has been issued to a certain
26 individual; and
27 (2) the certificate is valid at the time of:
28 (A) the inquiry; and
29 (B) the department's response to the inquiry.
30 Sec. 12. (a) The department is not liable in a civil action for
31 damages based upon the department's decision to:
32 (1) issue or deny issuance of a certificate of employability to
33 an offender; or
34 (2) revoke or fail to revoke a certificate of employability
35 issued to an offender.
36 (b) In an action or administrative proceeding alleging
37 negligence or other fault, a certificate of employability issued to an
38 individual under this chapter may be introduced as evidence of a
39 person's due care in:
40 (1) hiring;
41 (2) retaining;
42 (3) licensing;
2025 IN 495—LS 7446/DI 144 6
1 (4) leasing to;
2 (5) admitting to a school or program;
3 (6) transacting business with; or
4 (7) engaging in activity with;
5 the individual to whom the certificate of employability was issued,
6 if the person knew of the certificate at the time of the alleged
7 negligence or other fault.
8 (c) In an action or administrative proceeding against an
9 employer alleging negligent hiring, a certificate of employability
10 issued to an individual under this chapter is a defense for the
11 employer against the claim, if the employer knew of the certificate
12 at the time of the alleged negligence. However, the defense does not
13 apply if the employer knew or should have known the employee
14 should not be hired for the position due to the nature of the
15 employee's history, including criminal history.
16 Sec. 13. (a) The department shall submit an annual report not
17 later than December 31 of each year to the governor and the
18 general assembly. The report to the general assembly must be in an
19 electronic format under IC 5-14-6.
20 (b) The annual report under subsection (a) must include the
21 following:
22 (1) The number of certificates of employability issued in the
23 preceding twelve (12) months.
24 (2) The rate of recidivism among released offenders who were
25 issued certificates of employability.
26 (3) Any other information that the department deems
27 appropriate to include.
28 Sec. 14. The department and the bureau may adopt rules and
29 procedures to implement this chapter.
30 SECTION 2. IC 34-30-2.1-127.5 IS ADDED TO THE INDIANA
31 CODE AS A NEW SECTION TO READ AS FOLLOWS
32 [EFFECTIVE JULY 1, 2025]: Sec. 127.5. IC 11-10-17-12
33 (Concerning a certificate of employability).
34 SECTION 3. IC 35-52-11-4 IS ADDED TO THE INDIANA CODE
35 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
36 1, 2025]: Sec. 4. IC 11-10-17-10 defines a crime concerning a
37 certificate of employability.
2025 IN 495—LS 7446/DI 144