SB 340-1_ Filed 02/17/2010, 17:36
Adopted 2/18/2010


Text Box

Adopted Rejected


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COMMITTEE REPORT

            
                                                        YES:

8

                                                        NO:
1

MR. SPEAKER:

    Your Committee on       Judiciary     , to which was referred       Senate Bill 340     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 1, line 1; (10)CR034001.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 2-5.5-2-5; (10)CR034001.1. -->     "SECTION 1. IC 2-5.5-2-5, AS ADDED BY P.L.16-2009, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. 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 number of the defendant's 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.
         (11) Study and make recommendations regarding whether individuals on parole should be eligible to receive credit time to potentially shorten their period of parole.
SOURCE: IC 11-11-5-1; (10)CR034001.2. -->     SECTION 2. IC 11-11-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a) This chapter applies to persons:
        (1) placed in a community corrections program; or
        (2) assigned to a community transition program.
    (b)
This chapter does not apply to persons released on parole.
SOURCE: IC 11-12-2-1; (10)CR034001.3. -->     SECTION 3. IC 11-12-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a) For the purpose of encouraging counties to develop a coordinated local corrections-criminal justice system and providing effective alternatives to imprisonment at the state level, the commissioner shall, out of funds

appropriated for such purposes, make grants to counties for the establishment and operation of community corrections programs. Appropriations intended for this purpose may not be used by the department for any other purpose. Money appropriated to the department of correction for the purpose of making grants under this chapter and charges made against a county any financial aid payments suspended under section 9, 6 of this chapter do not revert to the state general fund at the close of any fiscal year, but remain available to the department of correction for its use in making grants under this chapter.
    (b) The commissioner shall give priority in issuing community corrections grants to programs that provide alternative sentencing projects for persons with mental illness, addictive disorders, mental retardation, and developmental disabilities.

SOURCE: IC 11-12-2-3; (10)CR034001.4. -->     SECTION 4. IC 11-12-2-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. (a) A community corrections advisory board shall:
        (1) formulate:
            (A) the community corrections plan and the application for financial aid required by section 4 of this chapter; and
            (B) the forensic diversion program plan under IC 11-12-3.7;
        (2) observe and coordinate community corrections programs in the county;
        (3) make an annual report to the county fiscal body, county executive, or, in a county having a consolidated city, the city-county council, containing an evaluation of the effectiveness of programs receiving financial aid under this chapter and recommendations for improvement, modification, or discontinuance of these programs;
        (4) ensure that programs receiving financial aid under this chapter comply with the standards adopted by the department under section 5 of this chapter; and
        (5) recommend to the county executive or, in a county having a consolidated city, to the city-county council, the approval or disapproval of contracts with units of local government or nongovernmental agencies that desire to participate in the community corrections plan; and
        (6) ensure that:
            (A) all offenders placed on an electronic monitoring device are supervised:
                (i) directly by a community corrections program; or
                (ii) through a contract between the community corrections program and a contract agency (as defined in IC 35-38-2.5-2.5); and
            (B) a contract agency described in clause (A)(ii) is in compliance with the local community corrections standards.

Before recommending approval of a contract, the advisory board must determine that a program is capable of meeting the standards adopted by the department under section 5 of this chapter.
    (b) A community corrections advisory board shall do the following:
        (1) Adopt bylaws for the conduct of its own business.
        (2) Hold a regular meeting at least one (1) time every three (3) months and at other times as needed to conduct all necessary business. Dates of regular meetings shall be established at the first meeting of each year.
        (3) Comply with the public meeting and notice requirements under IC 5-14-1.5.
    (c) A community corrections advisory board may contain an office as designated by the county executive or, in a county having a consolidated city, by the city-county council.
    (d) Notwithstanding subsection (a)(4), the standards applied to a court alcohol and drug program or a drug court that provides services to a forensic diversion program under IC 11-12-3.7 must be the standards established under IC 12-23-14 or IC 12-23-14.5.
SOURCE: IC 11-12-2-4; (10)CR034001.5. -->     SECTION 5. IC 11-12-2-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. (a) A county or group of counties seeking financial aid under this chapter must apply to the commissioner in a manner and form prescribed by the commissioner. The application must include a community corrections plan that has been approved by the community corrections board and the county executive or, in a county having a consolidated city, by the city-county council. No county may receive financial aid until its application is approved by the commissioner.
    (b) A community corrections plan must comply with rules adopted under section 5 of this chapter and must include:
        (1) a description of each program for which financial aid is sought;
        (2) the purpose, objective, administrative structure, staffing, and duration of the program;
         (3) a method to evaluate each component of the program to determine the overall use of department approved best practices for the program;
        (3) (4) the program's total operating budget, including all other sources of anticipated income;
        (4) (5) the amount of community involvement and client participation in the program;
        (5) (6) the location and description of facilities that will be used in the program; and
        (6) (7) the manner in which counties that jointly apply for financial aid under this chapter will operate a coordinated community corrections program.
    (c) A community corrections plan must be annually updated, approved by the county executive or, in a city having a consolidated city, by the city-county council, and submitted to the commissioner.
    (d) No amendment to or substantial modification of an approved community corrections plan may be placed in effect until the department and county executive, or in a county having a consolidated city, the city-county council, have approved the amendment or modification.
    (e) A copy of the final plan as approved by the department shall be made available to the board in a timely manner.
SOURCE: IC 11-12-2-5; (10)CR034001.6. -->     SECTION 6. IC 11-12-2-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. (a) The department shall do the following:
        (1) Provide consultation and technical assistance to counties to aid in the development of community corrections plans.
        (2) Provide training for community corrections personnel and board members to the extent funds are available.
        (3) Adopt under IC 4-22-2 rules governing application by counties for financial aid under this chapter, including the content of community corrections plans.
        (4) Adopt under IC 4-22-2 rules governing the disbursement of monies to a county and the county's certification of expenditures.
        (5) Adopt under IC 4-22-2 minimum standards for the establishment, operation, and evaluation of programs receiving financial aid under this chapter. (These standards must be sufficiently flexible to foster the development of new and improved correctional practices.)
        (6) Examine and either approve or disapprove applications for financial aid. The department's approval or disapproval must be based on this chapter and the rules adopted under this chapter.
        (7) Keep the budget agency informed of the amount of appropriation needed to adequately fund programs under this chapter.
        (8) Adopt under IC 4-22-2 a formula or other method of determining a participating county's share of funds appropriated for purposes of this chapter. This formula or method must be approved by the budget agency before the formula is adopted and must be designed to accurately reflect a county's correctional needs and ability to pay.
        (9) Keep counties informed of money appropriated for the purposes of this chapter.
        (10) Provide an approved training curriculum for community corrections field officers.
         (11) Require community corrections programs to submit in proposed budget requests an evaluation of the use of department approved best practices for each community corrections program component.
    (b) The commissioner may do the following:
        (1) Visit and inspect any program receiving financial aid under this chapter.
        (2) Require a participating county or program to submit information or statistics pertinent to the review of applications and programs.
        (3) Expend up to three percent (3%) of the money appropriated to the department for community correction grants to provide technical assistance, consultation, and training to counties and to monitor and evaluate program delivery.
    (c) Notwithstanding any law prohibiting advance payments, the department of correction may advance grant money to a county or group of counties in order to assist a community corrections program.

However, not more than twenty-five percent (25%) of the amount awarded to a county or group of counties may be paid in advance.
    (d) The commissioner shall disburse no more funds to any county under this chapter than are required to fund the community corrections plan.".

SOURCE: Page 5, line 7; (10)CR034001.5. -->     Page 5, line 7, reset in roman "shall".
    Page 5, line 7, delete "may".
    Page 5, between lines 12 and 13, begin a new paragraph and insert:
SOURCE: IC 27-10-2-3; (10)CR034001.8. -->     "SECTION 8. IC 27-10-2-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. (a) An undertaking is valid if it states:
        (1) the court where the defendant is to appear;
        (2) the amount of the bail; and
        (3) that it was made before an official legally authorized to take the bond.
    (b) A surety remains liable on an undertaking despite:
        (1) any lack of the surety's qualifications as required by section 4 of this chapter;
        (2) any other agreement that is expressed in the undertaking;
        (3) any failure of the defendant to join in the undertaking; or
        (4) any other defect of form or record, or any other irregularity, except as to matters covered by subsection (a).
    (c) Any undertaking written after August 31, 1985, shall expire thirty-six (36) months after it is posted for the release of a defendant from custody. This section does not apply to cases in which a bond has been declared to be forfeited or in which the defendant is a fugitive from the jurisdiction after thirty-six (36) months. and the surety and bail agent have been notified as described in section 12 of this chapter.
SOURCE: IC 27-10-2-8; (10)CR034001.9. -->     SECTION 9. IC 27-10-2-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8. (a) The court shall give the bail agent or insurer legal written notice of the defendant's trial or hearing for purposes of entering a plea at least seventy-two (72) hours before the defendant's appearance is required unless the appearance is scheduled within seventy-two (72) hours from the execution of the bond.
    (b) The defendant's failure to appear constitutes a breach of the undertaking. The court before which the cause is pending shall make

a record of the breach at which time section 12 of this chapter then applies.

SOURCE: IC 27-10-2-12; (10)CR034001.10. -->     SECTION 10. IC 27-10-2-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 12. (a) Only if a defendant does not appear as provided in the bond:
        (1) the court shall:
            (A) issue a warrant for the defendant's arrest; and
            (B) order the bail agent and the surety to surrender the defendant to the court immediately;
        (2) the clerk shall, less than thirty (30) days after the defendant's failure to appear, mail notice of the order to both:
            (A) the bail agent; and
            (B) the surety;
        at each of the addresses indicated in the bonds; and
        (3) if the defendant later is arrested or otherwise appears:
            (A) the court shall order that the surety be released from the bond; and
            (B) after the court issues an order under clause (A), the surety's original undertaking shall be reinstated if the surety files a written request for the reinstatement of the undertaking with the court.
This subsection may not be construed to prevent a court from revoking or resetting bail.
    (b) The bail agent or surety must:
        (1) produce the defendant; or
        (2) prove within three hundred sixty-five (365) days:
            (A) that the appearance of the defendant was prevented:
                (i) by the defendant's illness or death;
                (ii) because the defendant was at the scheduled time of appearance or currently is in the custody of the United States, a state, or a political subdivision of the United States or a state; or
                (iii) because the required notice was not given; or
                (iv) because authorities have refused to extradite the defendant, by a preponderance of the evidence;
and
            (B) the defendant's absence was not with the consent or connivance of the sureties.
    (c) If the bail agent or surety does not comply with the terms of

subsection (b) within one hundred twenty (120) days after the mailing of the notice required under subsection (a)(2), a late surrender fee shall be assessed against the bail agent or surety as follows:
        (1) If compliance occurs more than one hundred twenty (120) days but not more than one hundred eighty (180) days after the mailing of notice, the late surrender fee is twenty percent (20%) of the face value of the bond.
        (2) If compliance occurs more than one hundred eighty (180) days but not more than two hundred ten (210) days after the mailing of notice, the late surrender fee is thirty percent (30%) of the face value of the bond.
        (3) If compliance occurs more than two hundred ten (210) days but not more than two hundred forty (240) days after the mailing of notice, the late surrender fee is fifty percent (50%) of the face value of the bond.
        (4) If compliance occurs more than two hundred forty (240) days but not more than three hundred sixty-five (365) days after the mailing of notice, the late surrender fee is eighty percent (80%) of the face value of the bond.
        (5) If the bail agent or surety does not comply with the terms of subsection (b) within three hundred sixty-five (365) days of the mailing of notice required under subsection (a)(2), the late surrender fee is eighty percent (80%) of the face value of the bond.
All late surrender fees are due as of the date of compliance with subsection (b) or three hundred sixty-five (365) days after the mailing of notice required under subsection (a)(2), whichever is earlier, and shall be paid by the surety when due. If the surety fails to pay, then the late surrender fees shall be paid by the commissioner as provided in subsection (f).
    (d) If the bail agent or surety does not comply with the terms of subsection (b) within three hundred sixty-five (365) days of the mailing of notice required by subsection (a)(2), the court shall declare forfeited an amount equal to twenty percent (20%) of the face value of the bond. The court shall immediately enter judgment on the forfeiture, without pleadings and without change of judge or change of venue, and assess against the bail agent or surety all actual costs resulting from the defendant's failure to appear. These costs include jury fees, witness

fees, and any other documented costs incurred by the court.
    (e) Proceedings relative to the bond, forfeiture of a bond, judgment on the forfeiture, execution of judgment, or stay of proceedings shall be in the court in which the bond was posted. Costs and late surrender fee assessed against a bail agent or surety under subsection (c) shall be satisfied without further order of the court as provided in subsection (f). The court may waive the late surrender fee or extend the period for payment beyond the statutorily permitted period, or both, if the following conditions are met:
        (1) A written request is filed with the court and the prosecutor.
        (2) The surety or bail agent provides evidence satisfactory to the court that diligent efforts were made to locate the defendant.
    (f) In the case of an insurer, if the fees, costs, or judgment is not paid, then the clerk shall mail the notice to the commissioner. The commissioner shall:
        (1) within ten (10) days of receipt of the notice forward a copy by certified mail to the insurer;
        (2) forty-five (45) days after receipt of the notice from the clerk, if the commissioner has not been notified by the clerk that the fees or judgment or both have been paid, pay the late surrender fee assessment, costs, and any judgment of forfeiture ordered by the court from funds the insurer has on deposit with the department of insurance;
        (3) upon paying the assessment, costs, and judgment, if any, from funds on deposit, immediately revoke the license of the insurer, if the satisfaction causes the deposit remaining to be less than the amount required by this article; and
        (4) within ten (10) days after revoking a license, notify the insurer and the insurer's agents and the clerk of each county in Indiana of the revocation and the insurer shall be prohibited from conducting a bail bond business in Indiana until the deposit has been replenished.
    (g) The notice mailed by the clerk to the commissioner pursuant to the terms of subsection (f) shall include:
        (1) the date on which the defendant originally failed to appear as provided in the bond;
        (2) the date of compliance with subsection (b), if compliance was achieved within three hundred sixty-five (365) days after the

mailing of the notice required by subsection (a)(2);
        (3) the amount of the bond;
        (4) the dollar amount of the late surrender fee due;
        (5) the amount of costs resulting from the defendant's failure to appear; and
        (6) if applicable, the dollar amount of the judgment of forfeiture entered by the court.
    (h) Any surety on a bond may appeal to the court of appeals as in other civil cases without moving for a new trial, and on the appeal the evidence, if any, shall be reviewed.
    (i) Fifty percent (50%) of the late surrender fees collected under this chapter shall be deposited in the police pension trust fund established under IC 36-8-10-12 and the remaining fifty percent (50%) shall be deposited in the county extradition fund established under IC 35-33-14.

SOURCE: IC 35-33-8-7; (10)CR034001.11. -->     SECTION 11. IC 35-33-8-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 7. (a) If a defendant:
        (1) was admitted to bail under section 3.2(a)(2) of this chapter; and
        (2) has failed to appear before the court as ordered;
the court shall, except as provided in subsection (b) or section 8(b) of this chapter, declare the bond forfeited not earlier than one hundred twenty (120) days after the defendant's failure to appear and issue a warrant for the defendant's arrest.
    (b) In a criminal case, if the court having jurisdiction over the criminal case receives written notice of a pending civil action or unsatisfied judgment against the criminal defendant arising out of the same transaction or occurrence forming the basis of the criminal case, funds deposited with the clerk of the court under section 3.2(a)(2) of this chapter may not be declared forfeited by the court, and the court shall order the deposited funds to be held by the clerk. If there is an entry of final judgment in favor of the plaintiff in the civil action, and if the deposit and the bond are subject to forfeiture, the criminal court shall order payment of all or any part of the deposit to the plaintiff in the action, as is necessary to satisfy the judgment. The court shall then order the remainder of the deposit, if any, and the bond forfeited.
    (c) Any proceedings concerning the bond, or its forfeiture, judgment, or execution of judgment, shall be held in the court that admitted the defendant to bail.
    (d) After a bond has been forfeited under subsection (a) or (b), the clerk shall mail notice of forfeiture to the defendant. In addition, unless the court finds that there was justification for the defendant's failure to appear, the court shall immediately enter judgment, without pleadings and without change of judge or change of venue, against the defendant for the amount of the bail bond, and the clerk shall record the judgment.
    (e) If a bond is forfeited and the court has entered a judgment under subsection (d), the clerk shall transfer to the state common school fund:
        (1) any amount remaining on deposit with the court (less the fees retained by the clerk); and
        (2) any amount collected in satisfaction of the judgment.
    (f) The clerk shall return a deposit, less the administrative fee, made under section 3.2(a)(2) of this chapter to the defendant, if the defendant appeared at trial and the other critical stages of the legal proceedings.
SOURCE: IC 35-38-2.5-2; (10)CR034001.12. -->     SECTION 12. IC 35-38-2.5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. As used in this chapter, "home" means:
        (1) the interior living area of the temporary or permanent residence of an offender; or
        (2) if the offender's residence is a multi-family dwelling, the unit in which the offender resides, and not the:
            (A) halls or common areas outside the unit where the offender resides; or
            (B) other units, occupied or unoccupied, in the multi-family dwelling.
The term includes a hospital, health care facility, hospice, group home, maternity home, residential treatment facility, and boarding house. The term does not include a public correctional facility. or the residence of another person who is not part of the social unit formed by the offender's immediate family.
SOURCE: IC 35-38-2.6-4.2; (10)CR034001.13. -->     SECTION 13. IC 35-38-2.6-4.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4.2. (a) A community corrections program shall establish written criteria and procedures for determining if an offender or alleged offender is eligible for direct placement supervision under this chapter.
    (b) The criteria and procedures established under subsection (a)

must establish a record keeping system that allows the department or community corrections program to quickly determine if an offender or alleged offender is in violation of the terms of a direct placement order issued under this chapter.
    (c) A community corrections program charged by a court with supervision of offenders and alleged offenders ordered to be placed directly in a community corrections program under this chapter shall provide all law enforcement agencies, including any contract agency (as defined in IC 35-38-2.5-2.5), having jurisdiction in the place where a community corrections program is located a list of offenders and alleged offenders under direct placement supervision. The list must include the following information about each offender and alleged offender:
        (1) The offender's name, any known aliases, and the location of the offender's direct placement under this chapter.
        (2) The crime for which the offender was convicted.
        (3) The date the offender's direct placement expires.
        (4) The name, address, and telephone number of the offender's supervising community corrections program officer for direct placement under this chapter.
        (5) An indication of whether the offender is a violent offender.
    (d) Except as provided in IC 35-28-2.5-6(1), a community corrections program charged by a court with supervision of offenders and alleged offenders ordered to undergo direct placement under this chapter shall, at the beginning of a period of the direct placement, set any monitoring device (as defined in IC 35-38-2.5-3) and surveillance equipment to minimize the possibility that the offender or alleged offender may enter another residence or structure without the detection of a violation.
    (e) A community corrections program charged by a court with supervision of offenders and alleged offenders ordered to undergo direct placement under this chapter shall:
        (1) maintain or contract with a contract agency to maintain constant supervision of each offender and alleged offender as described in subsection (f); and
        (2) have adequate staff available twenty-four (24) hours each

day to respond if an offender or alleged offender violates the conditions of the direct placement order under this chapter.
A community corrections program may contract with a contract agency under this subsection only if the contract agency is able to comply with subsection (f).
    (f) A contract agency:
        (1) that maintains supervision of an offender or alleged offender under subsection (e)(1) shall follow the rules set by the local community corrections advisory board as a part of community corrections program direct placement written criteria and procedures; and
        (2) shall notify the contracting community corrections program within one (1) hour if the offender or alleged offender violates the conditions of the direct placement order. However, if a shorter notification time is required by the community corrections program, a community corrections advisory board must require a contract agency to comply with the shorter notification requirement for a direct placement order violation as if the offender were serving a direct placement order as part of a community corrections program.
    (g) A community corrections program or contract agency charged by a court with supervision of an offender or alleged offender placed under direct placement under this chapter shall cause a local law enforcement agency or contract agency described in this section to be the initial agency contacted upon determining that the offender is in violation of a direct placement order.

SOURCE: IC 35-38-2.6-4.5; (10)CR034001.14. -->     SECTION 14. IC 35-38-2.6-4.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4.5. If a court places a person on home detention as part of a community corrections program, the placement must comply with all applicable provisions in IC 35-38-2.5. including the supervision, monitoring, and unauthorized absence provisions of IC 35-38-2.5-10, IC 35-38-2.5-12, and IC 35-38-2.5-13.
SOURCE: IC 35-38-2.6-6; (10)CR034001.15. -->     SECTION 15. IC 35-38-2.6-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6. (a) As used in this subsection, "home" means the actual living area of the temporary or permanent residence of a person. The term does not include a:
        (1) hospital;
        (2) health care facility;
        (3) hospice;
        (4) group home;
        (5) maternity home;
        (6) residential treatment facility;
        (7) boarding house; or
        (8) public correctional facility.
A person who is placed in a community corrections program under this chapter is entitled to earn credit time under IC 35-50-6. unless the person is placed in the person's home.
    (b) A person who is placed in a community corrections program under this chapter may be deprived of earned credit time as provided under rules adopted by the department of correction under IC 4-22-2.".
SOURCE: Page 7, line 22; (10)CR034001.7. -->     Page 7, after line 22, begin a new paragraph and insert:
SOURCE: IC 35-50-6-5; (10)CR034001.17. -->     "SECTION 17. IC 35-50-6-5, AS AMENDED BY P.L.80-2008, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. (a) A person may, with respect to the same transaction, be deprived of any part of the credit time the person has earned for any of the following:
        (1) A violation of one (1) or more rules of the department of correction.
        (2) If the person is not committed to the department, a violation of one (1) or more rules of the penal facility in which the person is imprisoned.
        (3) A violation of one (1) or more rules or conditions of a:
             (A) community transition program; or
            (B) community corrections program.

        (4) If a court determines that a civil claim brought by the person in a state or an administrative court is frivolous, unreasonable, or

groundless.
        (5) If the person is a sex offender (as defined in IC 11-8-8-5) and refuses to register before being released from the department as required under IC 11-8-8-7.
        (6) If the person is a sex offender (as defined in IC 11-8-8-5) and refuses to participate in a sex offender treatment program specifically offered to the sex offender by the department of correction while the person is serving a period of incarceration with the department of correction.
However, the violation of a condition of parole or probation may not be the basis for deprivation. Whenever a person is deprived of credit time, the person may also be reassigned to Class II (if the person is not a credit restricted felon) or Class III.
    (b) Before a person may be deprived of earned credit time, the person must be granted a hearing to determine the person's guilt or innocence and, if found guilty, whether deprivation of earned credit time is an appropriate disciplinary action for the violation. In connection with the hearing, the person is entitled to the procedural safeguards listed in section 4(e) of this chapter. The person may waive the person's right to the hearing.
    (c) Any part of the credit time of which a person is deprived under this section may be restored.

SOURCE: IC 11-12-2-9; (10)CR034001.18. -->     SECTION 18. IC 11-12-2-9 IS REPEALED [EFFECTIVE JULY 1, 2010].".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 340 as printed January 29, 2010.)

and when so amended that said bill do pass.

__________________________________

Representative Van Haaften


CR034001/DI 107    2010