SB 373-3_ Filed 04/10/2001, 16:38

Text Box

    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______





    I move that Engrossed Senate Bill 373 be amended to read as follows:

SOURCE: Page 5, line 40; (01)MO037301.5. -->     Page 5, between lines 40 and 41, begin a new paragraph and insert:
SOURCE: IC 11-8-2-3; (01)MO037301.3. -->     "SECTION 3. IC 11-8-2-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) The board shall:
        (1) adopt rules for the conduct of its own business;
        (2) approve or disapprove, before adoption, any rule to be adopted by the department under IC 4-22-2 ;
        (3) approve or disapprove, before implementation, any resolution, or directive, or other statement of the department, relating including the commissioner, regardless of its name or designation, that relates to departmental organization or policy, including general internal organization, policies, standards, or procedures applicable to one (1) or more facilities, programs, or categories of persons under the jurisdiction of the department, employees, or contractors; and
        (4) keep records of all its official actions and make them accessible according to law.
    (b) The board may:
        (1) appoint temporary advisory committees for any purpose;
        (2) visit and inspect, without notice, any facility or program of the department, either individually or collectively, to examine the affairs and condition of the department; and
        (3) exercise any other power reasonably necessary in discharging its duties and powers.
    (c) The board has no direct administrative or executive powers

other than those granted by this section.
    (d) For purposes of IC 4-22-2 , the term "rule" as used in subsection (a)(1) relates solely to internal policy, organization, and procedure not having the force of law.
     (e) This section shall be liberally construed for conduct of the board after June 30, 2001, to implement the intent of the general assembly, as first stated in the commentary to the proposed final draft of the correctional code published by the correctional code commission in October 1977 to place policy authority in a seven (7) member board of correction rather than a single department head.".

SOURCE: Page 7, line 24; (01)MO037301.7. -->     Page 7, between lines 24 and 25, begin a new paragraph and insert:
SOURCE: ; (01)MO037301.8. -->     "SECTION 8. [EFFECTIVE JULY 1, 2001] (a) A bylaw adopted by the board of correction before October 1, 1980 (the date on which the enactment of IC 11-8-2-3 became effective) is void.
    (b) IC 11-8-2-3 , as amended by this act, applies only to resolutions, directives, and other statements of the department of correction, including the commissioner, adopted or amended after June 30, 2001. However, the board of correction may review and make recommendations for change for any resolution, directive, or other statement of the department of correction, including the commissioner, relating to departmental organization or policy.
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 373 as printed April 9, 2001.)


Representative Smith V

MO037301/DI 51     2001