January 16, 2007, read first time and referred to Committee on Judiciary.
Introduced
First Regular Session 115th General Assembly (2007)
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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2006 Regular Session of the General Assembly.
HOUSE BILL No. 1364
A BILL FOR AN ACT concerning criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: ; (07)IN1364.1.1. -->
SECTION 1. [EFFECTIVE JULY 1, 2007]
(a) As used in this
SECTION, "committee" refers to the sentencing policy study
committee established by subsection (c).
(b) The general assembly finds that a comprehensive study of
sentencing laws and policies is desirable in order to:
(1) ensure that sentencing laws and policies protect the public
safety;
(2) establish fairness and uniformity in sentencing laws and
policies;
(3) determine whether incarceration or alternative sanctions
are appropriate for various categories of criminal offenses;
and
(4) maximize cost effectiveness in the administration of
sentencing laws and policies.
(c) The sentencing policy study committee is established to
evaluate sentencing laws and policies as they relate to:
(1) the purposes of the criminal justice and corrections
systems;
(2) the availability of sentencing options; and
(3) the inmate population in department of correction
facilities.
If, based on the committee's evaluation under this subsection, the
committee determines changes are necessary or appropriate, the
committee shall make recommendations to the general assembly
for the modification of sentencing laws and policies and for the
addition, deletion, or expansion of sentencing options.
(d) The committee shall do the following:
(1) Evaluate the existing classification of criminal offenses
into felony and misdemeanor categories. In determining the
proper category for each felony and misdemeanor, the
committee shall consider, to the extent they have relevance,
the following:
(A) The nature and degree of harm likely to be caused by
the offense, including whether the offense involves
property, irreplaceable property, a person, a number of
persons, or a breach of the public trust.
(B) The deterrent effect a particular classification may
have on the commission of the offense.
(C) The current incidence of the offense in Indiana.
(D) The rights of the victim.
(2) Recommend structures to be used by a sentencing court in
determining the most appropriate sentence to be imposed in
a criminal case, including any combination of imprisonment,
probation, restitution, community service, or house arrest.
The committee shall also consider the following:
(A) The nature and characteristics of the offense.
(B) The severity of the offense in relation to other offenses.
(C) The characteristics of the defendant that mitigate or
aggravate the seriousness of the criminal conduct and the
punishment deserved for that conduct.
(D) The defendant's number of prior convictions.
(E) The available resources and capacity of the department
of correction, local confinement facilities, and community
based sanctions.
(F) The rights of the victim.
The committee shall include with each set of sentencing
structures an estimate of the effect of the sentencing
structures on the department of correction and local facilities
with respect to both fiscal impact and inmate population.
(3) Review community corrections and home detention
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.
(10) Study issues related to sex offenders, including:
(A) lifetime parole;
(B) GPS or other electronic monitoring;
(C) a classification system for sex offenders;
(D) recidivism; and
(E) treatment.
(e) The committee may study other topics assigned by the
legislative council or as directed by the committee chair. The
committee may meet as often as necessary.
(f) The committee consists of twenty (20) members appointed as
follows:
(1) Four (4) members of the senate, not more than two (2) of
whom may be affiliated with the same political party, to be
appointed by the president pro tempore of the senate.
(2) Four (4) members of the house of representatives, not
more than two (2) 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.
(12) One (1) board certified psychologist or psychiatrist who
has expertise in treating sex offenders, appointed by the
governor to act as a nonvoting advisor to the committee.
(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, 2008. 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 voting 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, 2008.