Citations Affected: None (noncode).
Synopsis: Sentencing policy study committee. Reestablishes the
sentencing policy study committee to evaluate sentencing laws and
policies for an additional two years.
Effective: July 1, 2005.
January 4, 2005, read first time and referred to Committee on Corrections, Criminal, and
A BILL FOR AN ACT concerning criminal law and procedure.
programs for the purpose of:
(A) standardizing procedures and establishing rules for the supervision of home detainees; and
(B) establishing procedures for the supervision of home detainees by community corrections programs of adjoining counties.
(4) Determine the long range needs of the criminal justice and corrections systems and recommend policy priorities for those systems.
(5) Identify critical problems in the criminal justice and corrections systems and recommend strategies to solve the problems.
(6) Assess the cost effectiveness of the use of state and local funds in the criminal justice and corrections systems.
(7) Recommend a comprehensive community corrections strategy based on the following:
(A) A review of existing community corrections programs.
(B) The identification of additional types of community corrections programs necessary to create an effective continuum of corrections sanctions.
(C) The identification of categories of offenders who should be eligible for sentencing to community corrections programs and the impact that changes to the existing system of community corrections programs would have on sentencing practices.
(D) The identification of necessary changes in state oversight and coordination of community corrections programs.
(E) An evaluation of mechanisms for state funding and local community participation in the operation and implementation of community corrections programs.
(F) An analysis of the rate of recidivism of clients under the supervision of existing community corrections programs.
(8) Propose plans, programs, and legislation for improving the effectiveness of the criminal justice and corrections systems.
(9) Evaluate the use of faith based organizations as an alternative to incarceration.
(e) The committee may study other topics assigned by the legislative council or as directed by the committee chair.
(f) The committee consists of fifteen (15) members appointed as follows:
(1) Two (2) members of the senate, not more than one (1) of whom may be affiliated with the same political party, to be appointed by the president pro tempore of the senate.
(2) Two (2) members of the house of representatives, not more than one (1) of whom may be affiliated with the same political party, to be appointed by the speaker of the house of representatives.
(3) The chief justice of the supreme court or the chief justice's designee.
(4) The commissioner of the department of correction or the commissioner's designee.
(5) The director of the Indiana criminal justice institute or the director's designee.
(6) The executive director of the prosecuting attorneys council of Indiana or the executive director's designee.
(7) The executive director of the public defender council of Indiana or the executive director's designee.
(8) One (1) person with experience in administering community corrections programs, appointed by the governor.
(9) One (1) person with experience in administering probation programs, appointed by the governor.
(10) Two (2) judges who exercise juvenile jurisdiction, not more than one (1) of whom may be affiliated with the same political party, to be appointed by the governor.
(11) Two (2) judges who exercise criminal jurisdiction, not more than one (1) of whom may be affiliated with the same political party, to be appointed by the governor.
(g) The chairman of the legislative council shall appoint a legislative member of the committee to serve as chair of the committee. Whenever there is a new chairman of the legislative council, the new chairman may remove the chair of the committee and appoint another chair.
(h) If a legislative member of the committee ceases to be a member of the chamber from which the member was appointed, the member also ceases to be a member of the committee.
(i) A legislative member of the committee may be removed at any time by the appointing authority who appointed the legislative member.
(j) If a vacancy exists on the committee, the appointing authority who appointed the former member whose position is vacant shall appoint an individual to fill the vacancy.
(k) The committee shall submit a final report of the results of its
study to the legislative council before November 1, 2006. The
report must be in an electronic format under IC 5-14-6.
(l) The Indiana criminal justice institute shall provide staff support to the committee.
(m) Each member of the committee is entitled to receive the same per diem, mileage, and travel allowances paid to individuals who serve as legislative and lay members, respectively, of interim study committees established by the legislative council.
(n) The affirmative votes of a majority of the members appointed to the committee are required for the committee to take action on any measure, including the final report.
(o) Except as otherwise specifically provided by this act, the committee shall operate under the rules of the legislative council. All funds necessary to carry out this act shall be paid from appropriations to the legislative council and legislative services agency.
(p) This SECTION expires December 31, 2006.