Introduced Version
HOUSE BILL No. 1170
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 11-8-1
;
IC 11-10-11.5
;
IC 11-12-10
;
IC 35-38-1;
IC 35-41-1
;
IC 35-50-6
; P.L.273-1999, SECTION 216.
Synopsis: Community transition program and credit time. Repeals the
community transition program. Provides that a person imprisoned for
a crime or confined awaiting trial or sentencing and assigned to Credit
Class I earns one day of credit time for every three days the person is
imprisoned or confined. (Current law provides that the person earns
one day of credit time for each day the person is imprisoned or
confined.) Provides that a person imprisoned for a crime or confined
awaiting trial or sentencing and assigned to Credit Class II earns one
day of credit time for every four days the person is imprisoned or
confined. (Current law provides that the person earns one day of credit
time for every two days the person is imprisoned or confined.)
Specifies that the maximum amount of credit time a person may earn
for successfully completing certain education or rehabilitation
programs is the lesser of: (1) four years; or (2) 25% of the person's total
applicable credit time. (Current law specifies the maximum amount of
credit time a person may earn is the lesser of: (1) four years; or (2) 33%
of the person's total applicable credit time.) Specifies the maximum
amount of credit time a person may earn may not exceed 50% of the
person's fixed term of imprisonment.
Effective: May 1, 2000; July 1, 2000.
Murphy
January 10, 2000, read first time and referred to Committee on Courts and Criminal Code.
Introduced
Second Regular Session 111th General Assembly (2000)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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
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this style type reconciles conflicts
between statutes enacted by the 1999 General Assembly.
HOUSE BILL No. 1170
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-41-1-15; (00)IN1170.1.1. -->
SECTION 1.
IC 35-41-1-15
, AS AMENDED BY P.L.273-1999,
SECTION 214, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 15. "Imprison" means to:
(1) confine in a penal facility; or
(2) commit to the department of correction. or
(3) assign to a community transition program under
IC 11-10-11.5.
SOURCE: IC 35-50-6-1; (00)IN1170.1.2. -->
SECTION 2.
IC 35-50-6-1
, AS AMENDED BY P.L.273-1999,
SECTION 215, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 1. (a) Except as provided in
subsection (d), when a person imprisoned for a felony completes his
fixed term of imprisonment, less the credit time he has earned with
respect to that term, he shall be:
(1) discharged, if the person is assigned to a community transition
program and the committing court does not recommend to the
parole board that the person be released on parole;
(2) (1) released on parole for a period not exceeding twenty-four
(24) months, as determined by the parole board; or
(3) (2) released to the committing court if his sentence included
a period of probation.
(b) Except as provided in subsection (d), a person released on parole
remains on parole from the date of his release until his fixed term
expires, unless his parole is revoked or he is discharged from that term
by the parole board. In any event, if his parole is not revoked, the
parole board shall discharge him after the period set under subsection
(a) or the expiration of the person's fixed term, whichever is shorter.
(c) A person whose parole is revoked shall be imprisoned for the
remainder of his fixed term. However, he shall again be released on
parole when he completes that remainder, less the credit time he has
earned since the revocation. The parole board may reinstate him on
parole at any time after the revocation.
(d) When an offender (as defined in
IC 5-2-12-4
) completes the
offender's fixed term of imprisonment, less credit time earned with
respect to that term, the offender shall be placed on parole for not more
than ten (10) years.
SOURCE: IC 35-50-6-3; (00)IN1170.1.3. -->
SECTION 3.
IC 35-50-6-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 3. (a) A person
assigned to Class I earns one (1) day of credit time for each day he
every three (3) days the person is imprisoned for a crime or confined
awaiting trial or sentencing.
(b) A person assigned to Class II earns one (1) day of credit time for
every two (2) four (4) days he the person is imprisoned for a crime or
confined awaiting trial or sentencing.
(c) A person assigned to Class III earns no credit time.
SOURCE: IC 35-50-6-3.3; (00)IN1170.1.4. -->
SECTION 4.
IC 35-50-6-3.3
, AS AMENDED BY P.L.183-1999,
SECTION 3, AND AS AMENDED BY P.L.243-1999, SECTION 3, IS
AMENDED AND CORRECTED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 3.3. (a) In addition to any credit
time a person earns under subsection (b) or section 3 of this chapter,
IC a person earns credit time if the person:
(1) is in credit Class I;
(2) has demonstrated a pattern consistent with rehabilitation; and
(3) successfully completes requirements to obtain one (1) of the
following:
(A) A general educational development (GED) diploma under
IC 20-10.1-12.1
, if the person has not previously obtained a
high school diploma.
(B) A high school diploma.
(C) An associate's degree from an approved institution of
higher learning (as defined under
IC 20-12-21-3
).
(D) A bachelor's degree from an approved institution of higher
learning (as defined under
IC 20-12-21-3
).
(b) In addition to any credit time that a person earns under
subsection (a) or section 3 of this chapter, a person may earn credit
time if, while confined by the department of correction, the person:
(1) is in credit Class I;
(2) demonstrates a pattern consistent with rehabilitation; and
(3) successfully completes requirements to obtain at least one (1)
of the following:
(A) A certificate of completion of a vocational education
program approved by the department of correction.
(B) A certificate of completion of a substance abuse program
approved by the department of correction.
(c) The department of correction shall establish admissions criteria
and other requirements for programs available for earning credit time
under subsection (b). A person may not earn credit time under both
subsection (a) and subsection (b) for the same program of study.
(d) The amount of credit time a person may earn under this section
is the following:
(1) Six (6) months for completion of a state of Indiana general
educational development (GED) diploma under
IC 20-10.1-12.1.
(2) One (1) year for graduation from high school.
(3) One (1) year for completion of an associate's degree.
(4) Two (2) years for completion of a bachelor's degree.
(5) Not more than a total of six (6) months of credit, as
determined by the department of correction, for the completion of
one (1) or more vocational education programs approved by the
department of correction.
(6) Not more than a total of six (6) months of credit, as
determined by the department of correction, for the completion of
one (1) or more substance abuse programs approved by the
department of correction.
However, a person who does not have a substance abuse problem that
qualifies the person to earn credit in a substance abuse program may
earn not more than a total of twelve (12) months of credit, as
determined by the department of correction, for the completion of one
(1) or more vocational education programs approved by the department
of correction. If a person earns more than six (6) months of credit for
the completion of one (1) or more vocational education programs, the
person is ineligible to earn credit for the completion of one (1) or more
substance abuse programs.
(e) Credit time earned by a person under this section is subtracted
from the
release date that would otherwise apply to the person after
subtracting all other credit time earned by period of imprisonment
imposed on the person
by the sentencing court.
(f) A person does not earn credit time under subsection (a) unless
the person completes at least a portion of the degree requirements after
June 30, 1993.
(g) A person does not earn credit time under subsection (b) unless
the person completes at least a portion of the program requirements
after June 30, 1999.
(h) Subsection (e) applies only to a person who completes at least
a portion of the degree or program requirements under subsection (a)
or (b) after June 30, 1999. Credit time earned by a person under
subsection (a) for a diploma or degree completed before July 1, 1999,
shall be subtracted from the period of imprisonment imposed on the
person by the sentencing court.
(i) (h) The maximum amount of credit time a person may earn under
this section is the lesser of:
(1) four (4) years; or
(2)
one-third (1/3) twenty-five percent (25%) of the person's
total applicable credit time.
SOURCE: IC 35-50-6-3.6; (00)IN1170.1.5. -->
SECTION 5.
IC 35-50-6-3.6
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2000]: Sec. 3.6. Notwithstanding sections 3 and 3.3 of this
chapter, the maximum amount of credit time a person may earn
under this chapter may not exceed fifty percent (50%) of the
person's fixed term of imprisonment.
SECTION 6. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2000]:
IC 11-8-1-5.4
;
IC 11-8-1-5.5
;
IC 11-8-1-5.6
;
IC 11-8-1-8.5
;
IC 11-10-11.5
;
IC 11-12-10
;
IC 35-38-1-24
;
IC 35-38-1-25
;
IC 35-38-1-26
;
IC 35-41-1-4.4
; P.L.273-1999,
SECTION 216.
SOURCE: ; (00)IN1170.1.7. -->
SECTION 7. [EFFECTIVE MAY 1, 2000] (a) A person assigned
to a community transition program before May 1, 2000, under
IC 11-10-11.5
, as repealed by this act, shall be reassigned by the
sentencing court to a program or facility administered by the
department of correction:
(1) before July 1, 2000; and
(2) until the person completes the person's fixed term of
imprisonment, less the credit time the person has earned with
respect to the term.
(b) This SECTION expires July 2, 2000.
SOURCE: ; (00)IN1170.1.8. -->
SECTION 8. [EFFECTIVE JULY 1, 2000]
IC 35-50-6-3
and
IC 35-50-6-3.3
, both as amended by this act, and
IC 35-50-6-3.6
, as
added by this act, apply only to a person imprisoned for a crime
committed after June 30, 1999.
SOURCE: ; (00)IN1170.1.9. -->
SECTION 9.
An emergency is declared for this act.