LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS FISCAL IMPACT STATEMENT LS 7101 NOTE PREPARED: Apr 14, 2025 BILL NUMBER: SB 525 BILL AMENDED: Apr 14, 2025 SUBJECT: Public Safety Matters. FIRST AUTHOR: Sen. Carrasco BILL STATUS: 2 nd Reading - 2 nd House FIRST SPONSOR: Rep. Ireland FUNDS AFFECTED:XGENERAL IMPACT: State & Local XDEDICATED FEDERAL Summary of Legislation: (Amended) Covered Person - This bill defines "correctional services provider" and adds correctional services providers to the definition of "covered person" for purposes of restricting access to a covered person's address on a public property data base website. Marion County Sheriff’s Office - The bill provides that all deputies, excluding reserve deputies and jail deputies, employed by the Marion County sheriff's office on December 31, 2025, shall be certified by the Law Enforcement Training Board (board) as Tier II law enforcement officers. It requires the Marion County sheriff's office to submit to the board a list of deputies who have successfully completed at least the minimum basic training requirements at the Marion County Sheriff's Office Academy. It provides that before January 1, 2026, the following actions must be taken: (1) The Marion County Sheriff's Office Academy shall adopt a Tier I basic training curriculum as approved by the board. (2) The board shall approve the Marion County Sheriff's Office Academy as a Tier 1 basic training academy governed by the requirements established by the board. It also provides that after January 1, 2026, a deputy employed by the Marion County sheriff's office shall receive basic training at the Marion County Sheriff's Office Academy. Law Enforcement Officer - The bill makes changes to the definition of a "law enforcement officer" for purposes of mandatory training for law enforcement officers. Special Death Benefit - The bill provides that a correctional professional is considered a public safety officer for purposes of determining eligibility for line of duty death benefits. (Current law provides that a correctional officer is considered a public safety officer for determining eligibility for line of duty death benefits.) School Resource Officer - The bill provides that a school resource officer who has completed Tier I or Tier II basic training has statewide jurisdiction. It provides that a school resource officer may pursue a person who flees from a school resource officer after the school resource officer has, by visible or audible means, including the operation of the school resource officer's siren or emergency lights, identified themself and ordered the person to stop. SB 525 1 Criminal Recklessness (Misdemeanors) The bill increases the penalty for criminal recklessness from a Class B to a Class A misdemeanor. Jurisdiction - The bill specifies that the immunities and limitations on liability that apply to a law enforcement officer (and the officer's employing agency) acting within the officer's jurisdictional area also apply to an officer (and employing agency) acting outside the jurisdictional area under certain circumstances. Criminal Recklessness (Felonies) - The bill makes pointing a firearm by a passenger in a vehicle whose driver is committing criminal recklessness a Level 6 felony under certain circumstances. Hospital Police Rights - The bill adds a hospital police department to the definition of police departments required to provide police officers with certain rights. Interim Study Committee - The bill also provides that the Legislative Council is urged to assign to the appropriate interim study committee the task of studying the following: (1) Whether a sheriff's office located in a city containing a consolidated city should operate under a merit system. (2) Whether IC 36-3-1-5.1 should be modified or repealed. Effective Date: Upon passage; July 1, 2025. Explanation of State Expenditures: Criminal Recklessness: This bill could increase the Department of Correction (DOC) offender population. However, any increase is likely to be small. Special Death Benefit: The bill expands coverage to correctional professionals that die in the line of duty while serving on state active duty. If such a death occurs, it would increase expenditures from the Special Death Benefit Fund. The survivors of an individual who dies in the line of duty receive a benefit amount of $225,000. As of June 30, 2023, the balance in the Special Death benefit Fund totaled $9.3 M. [Correctional professional includes a correctional officer, correctional police officer, or any employee of the DOC.] Law Enforcement Training Board: The bill would increase the workload of the Law Enforcement Training Board to certify a law enforcement academy for Marion County sheriff’s office by January 1, 2026, certify current Marion County deputies, excluding reserve deputies and jail deputies, as Tier II law enforcement officers on December 31, 2025, and approve Tier I basic training curriculum for the Marion County Sheriff’s Office Academy by January 1, 2026. The bill’s requirements are within the agency’s routine administrative functions and should be able to be implemented with no additional appropriations, assuming near customary agency staffing and resource levels. Interim Study Committee: If the committee were to hold additional meetings to address the topics of whether a sheriff's office located in a city containing a consolidated city should operate under a merit system and whether IC 36-3-1-5.1 should be modified or repealed, there would be additional expenditures for legislator per diem and travel reimbursement for the committee members. Any additional expenditures must be within the committee’s budget, which is established by the Legislative Council. Additional Information - Shooting Firearm into an Occupied Motor Vehicle (Level 5): Under current law, shooting a firearm into a dwelling, building, or place where people are likely to gather is a Level 5 felony. It is possible that this new crime is already prosecuted under IC 35-42-2-2(b)(2)(A). Therefore, OFMA assumes 13% of the average number of convictions (78) per year could involve shooting a firearm into an occupied motor vehicle. SB 525 2 Felony Marginal Cost: The average expenditure to house an adult offender was $29,432 annually, or $80.58 daily, in FY 2024. (This does not include the cost of new construction.) If offenders can be housed in existing facilities with no additional staff, the marginal cost for medical care, food, and clothing is approximately $4,719 annually, or $12.93 daily, per prisoner. These marginal cost estimates are based on contractual agreements with food and medical vendors and projections based on prior years for clothing and hygiene. Explanation of State Revenues: Penalty Revenue: More revenue to the Common School Fund could be collected if a larger criminal fine is assessed by the sentencing court. However, any increase in revenue is likely to be small. The maximum fine for a Class A misdemeanor is $5,000, and a Class B misdemeanor is $1,000, while the maximum fine for all felonies is $10,000. Court fees for both misdemeanors and felonies are the same. Explanation of Local Expenditures: Marion County Sheriff's Office: The bill would make a Marion County Sheriff's Office Academy a Law Enforcement Training Board certified academy. In addition, the Marion County Sheriff’s Office Academy would need to adopt Tier 1basic training curriculum by January 1, 2026, and the Marion County sheriff would need to share a list of sheriff’s deputies to the Law Enforcement Training Board. The certification, adoption of Tier 1 basic training curriculum, and sharing of list of sheriff’s deputies are expected to have minimal impact to workload and expenditures for Marion County. Statewide Jurisdiction: The bill may increase workload for a school resource officer with Tier I or Tier II training to the extent that a school resource officer has to use its law enforcement powers outside its normal jurisdiction. It should be able to be implemented with no additional appropriations, assuming near customary agency staffing and resource levels. Resisting Arrest: The bill allows school resource officers to make an arrest for resisting arrest, which is a Class A misdemeanor, if the person flees from a school resource officer after the school resource officer has, by visible or audible means, including the operation of the school resource officer's siren or emergency lights, identified themself and ordered the person to stop. It may increase Class A misdemeanors for resisting arrest to the extent that school resources officers pursue and arrests a person who flees. The increase in arrests and expenditures to the county jail is likely to be small. Immunity: The bill expands immunity and limitations on liability that apply to a law enforcement officer (and the officer's employing agency) acting within the officer's jurisdictional area also apply to an officer (and employing agency) acting outside the jurisdictional area under certain circumstances. If local units are liable for civil actions against a law enforcement officer, the bill could reduce local expenditures by avoiding costs for litigation and, if any, civil fines and court fees. Hospital Police Rights: The bill gives certain rights for police officers that work at hospital police departments. The bill’s requirements are within the agency’s routine administrative functions and should be able to be implemented with no additional appropriations, assuming near customary agency staffing and resource levels. Criminal Recklessness (Felonies): An increase in the pretrial jail population may occur since more defendants who are charged with a higher level felony will be remain in a county jail for a longer period of time before trial. [The average cost per day 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.] SB 525 3 Criminal Recklessness (Misdemeanor B to Misdemeanor A): A person who recklessly, knowingly, or intentionally performs an act that creates a substantial risk of bodily injury to another person commits criminal recklessness, a Class A misdemeanor instead of a Class B misdemeanor. This provision will could increase local expenditures to the extent more defendants are confined in county jails. This provision will likely have minimal effect on the county jail population. OFMA found 362 convictions between FY 2017 and 2024 in the Odyssey Case Management System for criminal recklessness as a Class B or Class A misdemeanor. The following table shows the number of people convicted, average sentences in days, and the percentage of people confined and/or supervised between FY 2017 and FY 2024 for criminal recklessness. Average Convictions Per Year Average Sentence in Days Percentage Suspended Percentage of People Confined and/or Supervised* Misdemeanor B 49 238 days 60% 44% Misdemeanor A 2 338 days 63% 40% *A person can be confined in county jail or supervised on probation, community corrections, or both. More persons are convicted of criminal recklessness as a Class B misdemeanor instead of a Class A misdemeanor. Both the Class A or B misdemeanor are more likely to have their sentences suspended and supervised in the community. (Revised) Covered Person: The bill adds correctional services provider to the list of covered person. It could increase the workload of local units to verify authenticity of written requests and remove the residential addresses of the covered person. The bill’s requirements should be accomplished within existing resources and staffing. Explanation of Local Revenues: Criminal Penalty: If a felony or misdemeanor 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. (Revised) Covered Person: Current law allows a local unit that operates a public property tax database to charge a fee for a covered person to make a written request to restrict access to the person’s home address. Any increase in revenue to a local unit from a fee of a covered person’s written request is expected to be small. State Agencies Affected: Indiana Public Retirement System; Department of Correction; Indiana Law Enforcement Board; General Assembly. Local Agencies Affected: Trial courts; local law enforcement agencies; Marion County; public schools; local units. Information Sources: Abstracts of Judgment, Indiana Supreme Court; Department of Corrections; US Marshal Service; Indiana Law Enforcement Academy, https://www.in.gov/ilea/about-the-academy/. SB 525 4 Indiana Public Retirement System, https://www.in.gov/inprs/files/INPRSAnnualReportBook_FY23.pdf. Fiscal Analyst: Nate Bodnar, 317-234-9476; Corrin Harvey, 317-234-9438. SB 525 5