SB 78-2_ Filed 02/20/2007, 12:21
The Senate Committee on Corrections, Criminal, and Civil Matters, to which was referred Senate Bill
No. 78, has had the same under consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
SOURCE: Page 23, line 16; (07)AM007801.23. -->
Page 23, delete lines 16 through 42.
Delete pages 24 through 36.
Page 37, delete lines 1 through 8.
Page 41, between lines 36 and 37, begin a new paragraph and insert:
SOURCE: IC 35-44-3-13; (07)AM007801.30. -->
"SECTION 30. IC 35-44-3-13, AS ADDED BY P.L.139-2006,
SECTION 5, AS ADDED BY P.L.140-2006, SECTION 34, AND AS
ADDED BY P.L.173-2006, SECTION 35, IS CORRECTED AND
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]:
Sec. 13. (a) A person who is being supervised on lifetime parole (as
described in IC 35-50-6-1) and who knowingly or intentionally violates
a condition of lifetime parole that involves direct or indirect contact
with a child less than sixteen (16) years of age or with the victim of a
sex crime described in IC 5-2-12-4 IC 11-8-8-5 that was committed by
the person commits a Class D felony if, at the time of the violation:
(1) the person's lifetime parole has been revoked two (2) or more
(2) the person has completed the person's sentence, including any
credit time the person may have earned.
(b) The offense described in subsection (a) is a Class C felony if the
person has a prior unrelated conviction under this section.".
SOURCE: Page 44, line 20; (07)AM007801.44. -->
Page 44, between lines 20 and 21, begin a new paragraph and insert:
SOURCE: IC 35-50-6-1; (07)AM007801.32. -->
"SECTION 32. IC 35-50-6-1, AS AMENDED BY P.L.139-2006,
SECTION 6, AS AMENDED BY P.L.140-2006, SECTION 38, AND
AS AMENDED BY P.L.173-2006, SECTION 38, IS CORRECTED
AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2007]: Sec. 1. (a) Except as provided in subsection (d) or (e), when a
person imprisoned for a felony completes the person's fixed term of
imprisonment, less the credit time the person has earned with respect
to that term, the person shall be:
(1) released on parole for not more than twenty-four (24) months,
as determined by the parole board;
(2) discharged upon a finding by the committing court that the
person was assigned to a community transition program and may
be discharged without the requirement of parole; or
(3) released to the committing court if the sentence included a
period of probation.
(b) This subsection does not apply to a person described in
subsection (d), (e), or (f). A person released on parole remains on
parole from the date of release until the person's fixed term expires,
unless the person's parole is revoked or the person is discharged from
that term by the parole board. In any event, if the person's parole is not
revoked, the parole board shall discharge the person after the period set
under subsection (a) or the expiration of the person's fixed term,
whichever is shorter.
(c) A person whose parole is revoked shall be imprisoned for all or
part of the remainder of the person's fixed term. However, the person
shall again be released on parole when the person completes that
remainder, less the credit time the person has earned since the
revocation. The parole board may reinstate the person on parole at any
time after the revocation.
(d) This subsection does not apply to a person who is a sexually
violent predator under IC 35-38-1-7.5. When a sex offender (as defined
IC 5 -2-12-4) IC 11-8-8-5) IC 11-8-8-4.5)
completes the sex
offender's fixed term of imprisonment, less credit time earned with
respect to that term, the sex offender shall be placed on parole for not
more than ten (10) years.
(e) This subsection applies to a person who:
is a sexually violent predator under IC 35-38-1-7.5;
(2) has been convicted of murder (IC 35-42-1-1); or
(3) has been convicted of voluntary manslaughter
sexually violent predator person described in this subsection
completes the person's fixed term of imprisonment, less credit time
earned with respect to that term, the person shall be placed on parole
for the remainder of the person's life.
(f) This subsection applies to a parolee in another jurisdiction who
sexually violent predator under IC 35-38-1-7.5 person described
in subsection (e) and whose parole supervision is transferred to
Indiana from another jurisdiction. In accordance with IC 11-13-4-1(2)
(Interstate Compact for Out-of-State Probationers and Parolees) and
rules adopted under Article VII (d)(8) of the Interstate Compact for
Adult Offender Supervision (IC 11-13-4.5), a parolee who is a sexually
violent predator person described in subsection (e) and whose parole
supervision is transferred to Indiana is subject to the same conditions
of parole as a sexually violent predator person described in
subsection (e) who was convicted in Indiana, including:
(1) lifetime parole (as described in subsection (e)); and
(2) the requirement that the person wear a monitoring device (as
described in IC 35-38-2.5-3) that can transmit information
twenty-four (24) hours each day regarding a person's precise
location, if applicable.
(g) If a person being supervised on lifetime parole as described in
subsection (e) is also required to be supervised by a court, a probation
department, a community corrections program, a community transition
program, or another similar program upon the person's release from
imprisonment, the parole board may:
(1) supervise the person while the person is being supervised by
the other supervising agency; or
(2) permit the other supervising agency to exercise all or part of
the parole board's supervisory responsibility during the period in
which the other supervising agency is required to supervise the
person, if supervision by the other supervising agency will be, in
the opinion of the parole board:
(A) at least as stringent; and
(B) at least as effective;
as supervision by the parole board.
(h) The parole board is not required to supervise a person on
lifetime parole during any period in which the person is imprisoned.
However, upon the person's release from imprisonment, the parole
board shall recommence its supervision of a person on lifetime
SOURCE: Page 49, line 22; (07)AM007801.49. -->
Page 49, after line 22, begin a new paragraph and insert:
SOURCE: ; (07)AM007801.35. -->
"SECTION 35. [EFFECTIVE JULY 1, 2007] IC 33-44-3-13, as
amended by this act, applies only to crimes committed after June
Renumber all SECTIONS consecutively.
(Reference is to SB 78 as printed January 24, 2007.)
and when so amended that said bill do pass .
Committee Vote: Yeas 7, Nays 0.
Senator Steele, Chairperson
AM 007801/DI 106 2007