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