Citations Affected: IC 11-8; IC 11-10; IC 11-12; IC 35-38; IC 35-50;
noncode.
Synopsis: Community transition program. Terminates the authority of
the department of correction to assign to a community transition
program an offender against whom a court imposed a sentence of less
than two years. Provides that an offender who resides outside of
Indiana is not eligible for a community transition program. Provides
that a person assigned to a community transition program is responsible
for the person's own medical care while in the program. Provides that
if the person is unable to pay for the person's necessary medical care,
the department of correction is responsible for the medical care. Allows
the department to return an offender to a facility operated by the
department of correction for necessary medical care. Requires an
offender to agree in writing: (1) to abide by the rules and conditions of
the community transition program; and (2) to voluntarily participate in
the program; before the offender may be allowed to participate in the
program. Requires the community corrections program, upon a finding
of probable cause that the offender failed to comply with a rule or
condition of the program, to cause the department to: (1) immediately
return the offender to the department; (2) deprive the offender of any
credit time earned while placed in the program; and (3) reassign the
offender to a program or facility administered by the department.
Allows a sentencing court to transfer a person assigned to a community
corrections program to a community corrections program where the
person resides under certain circumstances. Allows a victim and an
offender to submit a written statement that must be considered before
the offender is assigned to a community transition program or other
work release program. Allows the prosecuting attorney to inspect and
copy all information submitted with a notice sent by the department of
correction to the sentencing court. Makes other changes.
Effective: Upon passage.
January 10, 2000, read first time and referred to Committee on Judiciary.
January 27, 2000, amended, reported favorably _ Do Pass.
January 31, 2000, read second time, amended, ordered engrossed.
A BILL FOR AN ACT to amend the Indiana Code concerning
corrections.
SECTION 1. IC 11-8-1-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5. "Committed" means placed
under the custody or made a ward of the department of correction. The
term includes a minimum security assignment, including an
assignment to a community transition program under
IC 11-10-11.5.
SECTION 2. IC 11-10-8-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. Before the department may assign an
offender to a work release program, the department must notify
any victim of the offender's crime of the right to submit a written
statement to:
(1) a sentencing court in accordance with IC 11-10-11.5-4.5,
if the offender is under consideration for assignment to a
community transition program; and
(2) the department, if the offender is under consideration for
assignment to any other work release program.
If the name or address of a victim of the offender's crime changes
after the offender is sentenced for the offense, and the offender's
sentence may result in the offender's assignment to the work
release program, the victim is responsible for notifying the
department of the name or address change.
SECTION 3. IC 11-10-11.5-1, AS ADDED BY P.L.273-1999,
SECTION 208, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. This chapter applies to a
person:
(1) who is committed to the department under IC 35-50 for one
(1) or more felonies other than murder; and
(2) against whom a court imposed a sentence of at least two
(2) years.
SECTION 4. IC 11-10-11.5-2, AS ADDED BY P.L.273-1999,
SECTION 208, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2. Not earlier than sixty (60)
days and not later than forty-five (45) days before an offender's
community transition program commencement date, the department
shall give the written notice of the offender's eligibility for a
community transition program to each court that sentenced the
offender written notice of the offender's eligibility for a community
transition program. for a period of imprisonment that the offender
is still actively serving. The notice must include the following
information:
(1) The person's name.
(2) A description of the offenses for which the person was
committed to the department.
(3) The person's expected release date.
(4) The person's community transition program commencement
date.
(5) The person's current security and credit time classifications.
(6) A report summarizing the person's conduct while committed
to the department.
(7) Any other information that the department determines would
assist the sentencing court in determining whether to issue an
order under IC 35-38-1-24 or IC 35-38-1-25.
However, if the offender's expected release date changes as the
result of the gain or loss of credit time after notice is sent to each
court under this section, the offender may become ineligible for a
community transition program. The department shall notify each
court whenever the department finds that an offender is ineligible
for the program because of a change in the person's credit time.
with a written document stating that any offender who is assigned
to a community transition program participates in the program on
a voluntary basis. An offender must agree in writing that the
offender's participation in the program is voluntary, before the
offender may be allowed to participate in the program.
SECTION 12. IC 11-10-11.5-9, AS ADDED BY P.L.273-1999,
SECTION 208, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 9. A person assigned to a
community transition program shall remain in the assignment until the
person completes the person's fixed term of imprisonment, less the
credit time the person has earned with respect to the term, unless the
sentencing court orders community transition program causes the
person to be returned to the jurisdiction of the department under
IC 35-38-1-26. for reassignment from the community transition
program to a program or facility administered by the department
under section 11.5(b) of this chapter. IC 11-10-12-2 does not apply
to a person who completes an assignment in a community transition
program.
SECTION 13. IC 11-10-11.5-11.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 11.5. (a) An offender is
entitled to refuse to be placed into a community transition
program. However, if the offender does not refuse the placement
and agrees in writing to voluntarily participate, as required by
section 8 of this chapter, the offender is considered to participate
in the community transition program on a voluntary basis.
(b) The community transition program, upon a finding of
probable cause that the offender has failed to comply with a rule
or condition under section 11 of this chapter, shall cause the
department to:
(1) immediately return the offender to the department;
(2) deprive the offender of any credit time earned while
assigned to the community transition program; and
(3) reassign the offender to a program or facility administered
by the department.
SECTION 14. IC 11-10-11.5-12, AS ADDED BY P.L.273-1999,
SECTION 208, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 12. (a) Any earnings of a
person employed while in a community transition program, less payroll
deductions required by law and court ordered deductions for
satisfaction of a judgment against that person, shall may be collected
by the community transition program at the discretion of the
community transition program. Unless otherwise ordered by the
sentencing court, if the community transition program collects the
earnings under this section, the remaining earnings shall be
distributed in the following order:
(1) To pay state and federal income taxes and Social Security
deductions not otherwise withheld.
(2) To pay the cost of membership in an employee organization.
(3) Not less than twenty-five percent (25%) of the person's gross
earnings, if that amount of the gross is available after the above
deductions, to be given to that person or retained for the person,
with accrued interest, until the person's release or discharge.
(4) To pay for the person's room and board or electronic
monitoring provided by the community transition program.
(5) To pay transportation costs to and from work and other work
related incidental expenses incurred by the community transition
program.
(6) To pay court ordered costs, fines, or restitution.
(b) After the amounts prescribed in subsection (a) are deducted, the
remaining amount may be used to:
(1) when directed by the person or ordered by the court, pay for
the support of the person's dependents (if the person's dependents
are receiving welfare assistance, the appropriate office of family
and children or welfare department in another state shall be
notified of such disbursements); and
(2) with the consent of the person, pay to the person's victims or
others any unpaid obligations of that person.
(c) Any remaining amount shall be given to the person or retained
for the person according to subsection (a)(3).
(d) The collection of room and board or electronic monitoring costs
under subsection (a)(4) may be waived.
SECTION 15. IC 11-10-11.5-14 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 14. (a) A person assigned to
a community transition program is responsible for the person's
medical care while in the program. However, if the sentencing
court finds that the person is unable to pay for necessary medical
care, the department shall provide for the necessary medical care.
(b) The department, without a hearing, may transfer a person
assigned to a community transition program to a facility operated
by the department or another place determined by the department
for medical treatment that is not covered by payments made by the
offender or by insurance covering the offender.
(c) Whenever the department makes a transfer under subsection
(b), the department may:
(1) reassign the offender from the community transition
program to another facility or program; or
(2) continue the offender's assignment to the community
transition program and return the offender to the community
transition program upon the completion of the medical
treatment.
(d) An offender who is transferred for medical treatment under
subsection (b) continues to earn credit time during the period of
the offender's medical treatment.
(e) The department shall adopt rules under IC 4-22-2 to
implement this section.
SECTION 16. IC 11-12-10-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2.5. A sentencing court may
transfer an offender to a community transition program located
where the offender resides if the receiving community transition
program agrees to accept the transfer. In addition, if more than
one (1) court sentenced the offender, all of the courts that
sentenced the offender to a period of imprisonment that the
offender was actively serving at the time of the offender's
assignment to the community transition program must agree to the
transfer in writing.
SECTION 17. IC 35-38-1-24, AS ADDED BY P.L.273-1999,
SECTION 210, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 24. (a) This section applies to
a person if the most serious offense for which the person is committed
is a Class C or Class D felony.
(b) Not later than forty-five (45) days after receiving a notice under
IC 11-10-11.5-2, the sentencing court may order the department of
correction to retain control over a person until the person completes the
person's fixed term of imprisonment, less the credit time the person has
earned with respect to the term, if the court makes specific findings that
support a determination:
(1) that placement of the person in a community transition
program:
(A) places the person in danger of serious bodily injury or
death; or
(B) represents a substantial threat to the safety of others; or
(2) of other good cause.
If the court issues an order under this section, the department of
correction may not assign a person to a community transition program.
(c) The court may make a determination under this section without
a hearing. The court shall consider any written statement presented
to the court by a victim of the offender's crime or by an offender
under IC 11-10-11.5-4.5. The court in its discretion may consider
statements submitted by a victim after the time allowed for the
submission of statements under IC 11-10-11.5-4.5.
(d) The court shall make written findings for a determination under
this section, whether or not a hearing was held.
(e) Not later than five (5) days after making a determination under
this section, the court shall send a copy of the order to the:
(1) prosecuting attorney where the person's case originated; and
(2) department of correction.
SECTION 18. IC 35-38-1-25, AS ADDED BY P.L.273-1999,
SECTION 211, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 25. (a) This section applies to
a person if the most serious offense for which the person is committed
is a Class A or Class B felony.
(b) A sentencing court may sentence a person or modify the
sentence of a person to assign the person to a community transition
program for any period that begins after the person's community
transition program commencement date (as defined in IC 11-8-1-5.6)
and ends when the person completes the person's fixed term of
imprisonment, less the credit time the person has earned with respect
to the term, if the court makes specific findings of fact that support a
determination that it is in the best interests of justice to make the
assignment. The order may include any other condition that the court
could impose if the court had placed the person on probation under
IC 35-38-2 or in a community corrections program under IC 35-38-2.6.
(c) The court may make a determination under this section without
a hearing. The court shall consider any written statement presented
to the court by a victim of the offender's crime or by an offender
under IC 11-10-11.5-4.5. The court in its discretion may consider
statements submitted by a victim after the time allowed for the
submission of statements under IC 11-10-11.5-4.5.
(d) The court shall make written findings for a determination under
this section, whether or not a hearing was held.
(e) Not later than five (5) days after making a determination under
this section, the court shall send a copy of the order to the:
(1) prosecuting attorney where the person's case originated; and
(2) department of correction.
SECTION 19. IC 35-50-1-7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7. Whenever a court commits a person to
the department of correction as a result of a conviction, the court
shall notify the department of correction of the last known name
and address of any victim of the offense for which the person is
convicted.
SECTION 20. IC 35-50-6-1, AS AMENDED BY P.L.273-1999,
SECTION 215,
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: 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 for not more
than twenty-four (24) months, as determined by the parole
board;
(2) released on parole for a period not exceeding twenty-four (24)
months, as determined by the parole board; discharged upon a
finding by the committing court that the person was assigned
to a community transition program and may be discharged
without the requirement of parole; or
(3) 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.
SECTION 21. IC 35-50-6-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) A person
imprisoned for a crime or imprisoned awaiting trial or sentencing is
initially assigned to Class I.
(b) A person may be reassigned to Class II or Class III if he violates
any of the following:
(1) A rule of the department of correction. or:
if he is not under the custody of the department, (2) A rule of the
penal facility in which he is imprisoned.
(3) A rule or condition of a community transition program.
However, a violation of a condition of parole or probation may not be
the basis for reassignment. Before a person may be reassigned to a
lower credit time class, he must be granted a hearing to determine his
guilt or innocence and, if found guilty, whether reassignment is an
appropriate disciplinary action for the violation. The person may waive
his right to the hearing.
(c) In connection with the hearing granted under subsection (b), the
person is entitled to:
(1) have not less than twenty-four (24) hours advance written
notice of the date, time, and place of the hearing, and of the
alleged misconduct and the rule the misconduct is alleged to have
violated;
(2) have reasonable time to prepare for the hearing;
(3) have an impartial decisionmaker;
(4) appear and speak in his own behalf;
(5) call witnesses and present evidence;
(6) confront and cross-examine each witness, unless the hearing
authority finds that to do so would subject a witness to a
substantial risk of harm;
(7) have the assistance of a lay advocate (the department may
require that the advocate be an employee of, or a fellow prisoner
in, the same facility or program);
(8) have a written statement of the findings of fact, the evidence
relied upon, and the reasons for the action taken;
(9) have immunity if his testimony or any evidence derived from
his testimony is used in any criminal proceedings; and
(10) have his record expunged of any reference to the charge if he
is found not guilty or if a finding of guilt is later overturned.
Any finding of guilt must be supported by a preponderance of the
evidence presented at the hearing.
(d) A person may be reassigned from Class III to Class I or Class II
or from Class II to Class I. A person's assignment to Class III or Class
II shall be reviewed at least once every six (6) months to determine if
he should be reassigned to a higher credit time class.
SECTION 22. IC 35-50-6-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) A person
may, with respect to the same transaction, be deprived of any part of
the credit time he has earned for any of the following:
(1) A violation of one (1) or more rules of the department of
correction.
(2) If the person is not committed to the department, a violation
of one (1) or more rules of the penal facility in which the person
is imprisoned.
(3) A violation of one (1) or more rules or conditions of a
community transition program.
(4) If a court determines that a civil claim brought by the person
in a state or an administrative court is frivolous, unreasonable, or
groundless.
However, the violation of a condition of parole or probation may not be
the basis for deprivation. Whenever a person is deprived of credit time,
he may also be reassigned to Class II or Class III.
(b) Except as provided in subsection (c), before a person may be
deprived of earned credit time, the person must be granted a hearing to
determine his guilt or innocence and, if found guilty, whether
deprivation of earned credit time is an appropriate disciplinary action
for the violation. In connection with the hearing, the person is entitled
to the procedural safeguards listed in section 4(c) of this chapter. The
person may waive his right to the hearing.
(c) A person shall be deprived of credit time and returned to the
department of correction for a violation of a rule or condition of a
community transition program after a finding of probable cause
made by the community transition program under
IC 11-10-11.5-11.5.
(d) Any part of the credit time of which a person is deprived under
this section may be restored.
SECTION 23. [EFFECTIVE UPON PASSAGE] IC 11-10-11.5, as
amended by this act, applies only to persons whose community
transition program commencement date (as defined in
IC 11-10-11.5-6, as amended by this act), occurs after August 31,
1999.
SECTION 24. THE FOLLOWING ARE REPEALED [EFFECTIVE
UPON PASSAGE]: IC 11-10-11.5-13; IC 35-38-1-26.
SECTION 25. An emergency is declared for this act.