Introduced Version






HOUSE BILL No. 1400

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 11-11-6-1 ; IC 11-12.

Synopsis: Display of racist markings or insignia. Requires the department of correction and community corrections advisory boards to prohibit employees from displaying racist markings on their bodies or clothing or in correctional facilities. Requires the department and boards to reassign employees who display racist markings. (The introduced version of this bill was prepared by the corrections matters evaluation committee.)

Effective: July 1, 2001.





Smith V, Foley, Cheney, Ayres




    January 11, 2001, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 112th General Assembly (2001)


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.
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HOUSE BILL No. 1400



    A BILL FOR AN ACT to amend the Indiana Code concerning corrections.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 11-11-6-1; (01)IN1400.1.1. -->     SECTION 1. IC 11-11-6-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. (a) The department shall adopt policies and procedures for the protection of committed persons, including:
        (1) the monitoring of committed persons whose presence in the general population of a facility or program constitutes a threat of physical danger to other persons;
        (2) reasonable searches of committed persons, facilities and premises to reduce the number of weapons and dangerous items;
        (3) adequate staff supervision of committed persons, including living quarters;
        (4) maintenance of accurate records regarding incidents of violence;
        (5) referral of serious criminal conduct to investigating and prosecuting authorities with appropriate information; and
        (6) policies and procedures designed to reduce racial tension.
    (b) In addition to subsection (a), the department shall adopt

rules under IC 4-22-2 :
        (1) prohibiting correctional employees from displaying racist markings or insignia on their bodies or clothing or in any facility;
        (2) defining racist markings and insignia prohibited under subdivision (1); and
        (3) requiring reassignment of employees who violate the rules adopted under this subsection.
The rules adopted under this subsection apply to all facilities subject to rules adopted by the department, including a juvenile detention facility under IC 31-31-8-5 and a juvenile detention center under IC 31-31-9-3 .
    (c)
For purposes of IC 4-22-2 , the terms "policies" and "procedures" as used in this section relate solely to internal policies and procedures not having the force of law.

SOURCE: IC 11-12-1-6; (01)IN1400.1.2. -->     SECTION 2. IC 11-12-1-6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 6. The community corrections advisory board shall adopt rules under IC 4-22-2:
        (1) prohibiting community corrections employees from displaying racist markings or insignia on their bodies or clothing or in any community corrections facility;
        (2) defining the racist markings and insignia prohibited under subdivision (1); and
        (3) requiring reassignment of employees who violate the rules adopted under this section.

SOURCE: IC 11-12-3-3; (01)IN1400.1.3. -->     SECTION 3. IC 11-12-3-3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. The department shall adopt rules under IC 4-22-2:
        (1) prohibiting community corrections employees from displaying racist markings or insignia on their bodies or clothing or in any state operated community corrections facility;
        (2) defining the racist markings and insignia prohibited under subdivision (1); and
        (3) requiring reassignment of employees who violate the rules adopted under this section.

SOURCE: IC 11-12-4-2.5; (01)IN1400.1.4. -->     SECTION 4. IC 11-12-4-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2.5. The department shall adopt rules under IC 4-22-2:
        (1) prohibiting county jail employees and officers from

displaying racist markings or insignia on their bodies or clothing or in any county jail;
        (2) defining the racist markings and insignia prohibited under subdivision (1); and
        (3) requiring reassignment of employees who violate the rules adopted under this section.