HOUSE BILL No. 1317
DIGEST OF INTRODUCED BILL
Citations Affected: IC 11-8-2-7; IC 11-10-4.5.
Synopsis: Drug offender facility. Requires the commissioner of the
department of correction (department) to designate one state owned or
operated correctional facility as a drug offender facility by January 1,
2008. Provides that a drug offender facility may be used to house an
offender who: (1) is a drug influenced offender; (2) has not committed
a violent offense; (3) will be released in not more than 540 days; and
(4) meets other criteria established by the department. Authorizes the
department to adopt guidelines and procedures concerning the
admission of offenders to the drug offender facility and to establish an
appropriate treatment program within the facility.
Effective: July 1, 2006.
Van Haaften, Mays
January 10, 2006, read first time and referred to Committee on Courts and Criminal Code.
Second Regular Session 114th General Assembly (2006)
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HOUSE BILL No. 1317
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 11-8-2-7; (06)IN1317.1.1. -->
SECTION 1. IC 11-8-2-7, AS AMENDED BY P.L.246-2005,
SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 7. (a) The commissioner shall determine which
state owned or operated correctional facilities are to be maintained for
criminal offenders and which are to be maintained for delinquent
offenders. The commissioner shall designate one (1) state owned or
operated correctional facility to be used solely as a drug offender
facility under IC 11-10-4.5.
(b) The commissioner shall determine which state owned or
operated correctional facilities need, for effective management,
administration by a superintendent. The commissioner shall appoint a
superintendent for each correctional facility. However, the
commissioner may appoint a person as superintendent of two (2) or
more facilities if the commissioner finds that it would be economical
to do so and would not adversely effect the management of the
(c) A superintendent must hold at least a bachelor's degree from an
accredited college or university and must have held a management
position in correctional or related work for a minimum of five (5) years.
A superintendent is entitled to a salary to be determined by the budget
agency with the approval of the governor. A superintendent may be
dismissed for cause by the commissioner.
(d) If a superintendent position becomes vacant, the commissioner
may appoint an acting superintendent to discharge the duties and
powers of a superintendent on a temporary basis.
SOURCE: IC 11-10-4.5; (06)IN1317.1.2. -->
SECTION 2. IC 11-10-4.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]:
Chapter 4.5. Drug Offender Facility
Sec. 1. The following definitions apply throughout this chapter:
(1) "Addictive disorder" has the meaning set forth in
(2) "Controlled substance" has the meaning set forth in
(3) "Drug influenced offender" means an offender:
(A) who has been convicted of an offense involving a
controlled substance under IC 35-48-4;
(B) who committed an offense while under the influence of
a controlled substance;
(C) who has an addictive disorder; or
(D) whose habitual use of a controlled substance may
interfere with the offender's reintegration into society.
(4) "Release date" means:
(A) an offender's community transition program
commencement date (as defined in IC 11-8-1-5.6), if an
(i) is eligible for; and
(ii) will participate in;
a community transition program; or
(B) an offender's expected release date (as defined in
IC 11-8-1-8.5), if an offender:
(i) is not eligible for; or
(ii) will not participate in;
a community transition program.
(5) "Violent offense" has the meaning set forth in
Sec. 2. The department may place an offender in the drug
offender facility designated by the commissioner under IC 11-8-2-7
if the offender meets the following conditions:
(1) The offender is a drug influenced offender.
(2) The offender's expected release will occur in not more
than five hundred forty (540) days.
(3) The offender has not committed a violent offense.
(4) The offender is eligible for placement in a drug offender
facility under guidelines and procedures established by the
department under section 3 of this chapter.
Sec. 3. The department may establish guidelines and procedures
to determine which offenders described in section 2 of this chapter
may be placed in the drug offender facility. Guidelines and
procedures adopted by the department may consider:
(1) the likelihood that placement of a particular offender in
the drug offender facility would:
(A) reduce recidivism;
(B) assist in the offender's rehabilitation; and
(C) promote the offender's reintegration into society; and
(2) the most productive use of the drug offender facility
(A) the availability of beds;
(B) the number of offenders eligible for placement in the
drug offender facility; and
(C) the type and availability of treatment programs at the
drug offender facility.
Sec. 4. The department may adopt guidelines concerning
treatment programs offered at the drug offender facility.
SOURCE: ; (06)IN1317.1.3. -->
SECTION 3. [EFFECTIVE JULY 1, 2006] (a) Notwithstanding
IC 11-8-2-7, as amended by this act, the commissioner of the
department of correction is not required to designate a state owned
or operated facility as a drug offender facility until January 1,
(b) This SECTION expires January 2, 2008.