Introduced Version






SENATE BILL No. 269

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 11-13-3-2.

Synopsis: Parole eligibility for certain crimes. Provides that a person is eligible for consideration for release on parole if, before the criminal code was enacted in 1976, the person: (1) was sentenced to more than one term of life imprisonment without parole upon conviction of more than one felony; and (2) committed kidnapping as one of the felonies.

Effective: July 1, 2010.





Randolph




    January 11, 2010, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.







Introduced

Second Regular Session 116th General Assembly (2010)


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SENATE BILL No. 269



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 11-13-3-2; (10)IN0269.1.1. -->     SECTION 1. IC 11-13-3-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. (a) Release on parole and discharge of an offender sentenced for an offense under IC 35-50 shall be determined under IC 35-50-6.
    (b) Parole and discharge eligibility for offenders sentenced for offenses under laws other than IC 35-50 is as follows:
        (1) A person sentenced upon conviction of a felony to an indeterminate term of imprisonment is eligible for consideration for release on parole upon completion of his the person's minimum term of imprisonment, less the credit time he the person has earned with respect to that term.
        (2) A person sentenced upon conviction of a felony to a determinate term of imprisonment is eligible for consideration for release on parole upon completion of one-half (1/2) of his the person's determinate term of imprisonment or at the expiration of twenty (20) years, whichever comes first, less the credit time he the person has earned with respect to that term.
        (3) The following provisions apply to offenders sentenced to life imprisonment:
            (A)
A person sentenced upon conviction of first degree murder or second degree murder to a term of life imprisonment is eligible for consideration for release on parole upon completion of twenty (20) years of time served on the sentence.
             (B) A person sentenced upon conviction of a felony other than first degree murder or second degree murder to a term of life imprisonment is eligible for consideration for release on parole upon completion of fifteen (15) years of time served on the sentence.
             (C) A person sentenced upon conviction of more than one (1) felony to more than one (1) term of life imprisonment is not eligible for consideration for release on parole under this section. However, this clause does not apply to a person if at least one (1) of the person's felony convictions is for kidnapping.
        A person sentenced to a term of life imprisonment does not earn credit time with respect to that term.
        (4) A person sentenced upon conviction of a misdemeanor is not eligible for parole and shall, instead, be discharged upon completion of his the person's term of imprisonment, less the credit time he the person has earned with respect to that term.
    (c) A person whose parole is revoked may be reinstated on parole by the parole board any time after the revocation, regardless of whether the offender was sentenced under IC 35-50 or another law. The parole board may adopt, under IC 4-22-2, rules and regulations regarding eligibility for reinstatement.