SB 340-1_ Filed 03/11/2010, 11:31
Adopted 3/12/2010
CONFERENCE COMMITTEE REPORT
DIGEST FOR ESB 340
Citations Affected: IC 11-11-5-1; IC 11-12-2; IC 11-13-3-3; IC 27-10-2; IC 35-33-8-7;
IC 35-38; IC 35-50-6.
Synopsis: Parole, probation, community corrections, and bail. Conference committee report for
ESB 340. Makes conducting a community investigation by the parole board mandatory for
certain individuals. Reduces the standard period of parole from two years to one year unless the
parolee: (1) is a repeat parolee; (2) is being placed on parole for a conviction for a crime of
violence; (3) is a sex offender; or (4) has violated a DOC rule in the six months prior to release.
Provides that department of correction (department) rules concerning the maintenance of order
and discipline among committed persons applies to persons placed in a community corrections
program or assigned to a community transition program. Repeals a provision that requires a
county that receives a grant from the department commissioner for the establishment and
operation of a community corrections program to be charged a sum for certain persons
committed to the department and confined in a state correctional facility. Requires that a
community corrections plan must include a method to evaluate each component of the program
to determine the overall use of department approved best practices for the program. Provides that
the department must require community corrections programs to submit an evaluation of the use
of department approved best practices for community correction program components in
proposed budget requests. Provides that, for the purposes of the law concerning home detention,
a home includes the residence of another person who is not part of the social unit formed by an
offender's immediate family. Establishes certain standards and criteria for direct placement of
offenders in community corrections programs. Specifies that, for purposes of the law concerning
direct placement in community corrections programs: (1) "home" means the actual living area
of the temporary or permanent residence of a person; and (2) a person who is placed in a
community corrections program under the law is entitled to earn credit time. Allows a person to
be deprived of credit time for violating a rule or condition of a community corrections program.
Makes changes to the Indiana bail law concerning: (1) notices to sureties and bond agents; and
(2) failure to appear. Provides that the requirement that courts include the costs of incarceration
in a sentencing order expires June 30, 2012. Urges the legislative council to assign to the
sentencing policy study committee the issue of whether a court should include the costs of
incarceration in a sentencing order. (This conference committee report: Narrows the
requirements for when the parole board is required to conduct a community investigation.
Removes a provision requiring the sentencing policy study committee to study and make
recommendations regarding whether individuals on parole should be eligible to receive
credit time to potentially shorten their period of parole. Removes a provision making it
discretionary for a sexually violent predator to be subject to electronic monitoring.
Provides that the requirement that courts include the costs of incarceration in a sentencing
order expires June 30, 2012. Urges the legislative council to assign to the sentencing policy
study committee the issue of whether a court should include the costs of incarceration in
a sentencing order.)
Effective: Upon passage; July 1, 2010.
CONFERENCE COMMITTEE REPORT
MADAM PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed House Amendments to Engrossed Senate Bill No. 340 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 11-11-5-1; (10)CC034004.1.1. -->
SECTION 1. 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)CC034004.1.2. -->
SECTION 2. 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 11-12-2-4; (10)CC034004.1.3. -->
SECTION 3. 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)CC034004.1.4. -->
SECTION 4. 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: IC 11-13-3-3; (10)CC034004.1.5. -->
SECTION 5. IC 11-13-3-3, AS AMENDED BY P.L.173-2006,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 3. (a) A person sentenced under IC 35-50 shall be
released on parole or discharged from the person's term of
imprisonment under IC 35-50 without a parole release hearing.
(b) A person sentenced for an offense under laws other than
IC 35-50 who is eligible for release on parole, or a person whose parole
is revoked and is eligible for reinstatement on parole under rules
adopted by the parole board shall, before the date of the person's parole
eligibility, be granted a parole release hearing to determine whether
parole will be granted or denied. The hearing shall be conducted by one
(1) or more of the parole board members. If one (1) or more of the
members conduct the hearing on behalf of the parole board, the final
decision shall be rendered by the full parole board based upon the
record of the proceeding and the hearing conductor's findings. Before
the hearing, the parole board shall order an investigation to include the
collection and consideration of:
(1) reports regarding the person's medical, psychological,
educational, vocational, employment, economic, and social
condition and history;
(2) official reports of the person's history of criminality;
(3) reports of earlier parole or probation experiences;
(4) reports concerning the person's present commitment that are
relevant to the parole release determination;
(5) any relevant information submitted by or on behalf of the
person being considered; and
(6) such other relevant information concerning the person as may
be reasonably available.
(c) Unless the victim has requested in writing not to be notified, the
department shall notify a victim of a felony (or the next of kin of the
victim if the felony resulted in the death of the victim) or any witness
involved in the prosecution of an offender imprisoned for the
commission of a felony when the offender is:
(1) to be discharged from imprisonment;
(2) to be released on parole under IC 35-50-6-1;
(3) to have a parole release hearing under this chapter;
(4) to have a parole violation hearing;
(5) an escaped committed offender; or
(6) to be released from departmental custody under any temporary
release program administered by the department, including the
following:
(A) Placement on minimum security assignment to a program
authorized by IC 11-10-1-3 or IC 35-38-3-6 and requiring
periodic reporting to a designated official, including a
regulated community assignment program.
(B) Assignment to a minimum security work release program.
(d) The department shall make the notification required under
subsection (c):
(1) at least forty (40) days before a discharge, release, or hearing
occurs; and
(2) not later than twenty-four (24) hours after the escape of a
committed offender.
The department shall supply the information to a victim (or a next of
kin of a victim in the appropriate case) and a witness at the address
supplied to the department by the victim (or next of kin) or witness. A
victim (or next of kin) is responsible for supplying the department with
any change of address or telephone number of the victim (or next of
kin).
(e) The probation officer conducting the presentence investigation
shall inform the victim and witness described in subsection (c), at the
time of the interview with the victim or witness, of the right of the
victim or witness to receive notification from the department under
subsection (c). The probation department for the sentencing court shall
forward the most recent list of the addresses or telephone numbers, or
both, of victims to the department of correction. The probation
department shall supply the department with the information required
by this section as soon as possible but not later than five (5) days from
the receipt of the information from the victim. A victim (or next of kin)
is responsible for supplying the department with the correct address
and telephone number of the victim (or next of kin).
(f) Notwithstanding IC 11-8-5-2 and IC 4-1-6, an inmate may not
have access to the name and address of a victim and a witness. Upon
the filing of a motion by any person requesting or objecting to the
release of victim information, witness information, or both that is
retained by the department, the court shall review the information that
is the subject of the motion in camera before ruling on the motion.
(g) The notice required under subsection (c) must specify whether
the prisoner is being discharged, is being released on parole, is being
released on lifetime parole, is having a parole release hearing, is having
a parole violation hearing, or has escaped. The notice must contain the
following information:
(1) The name of the prisoner.
(2) The date of the offense.
(3) The date of the conviction.
(4) The felony of which the prisoner was convicted.
(5) The sentence imposed.
(6) The amount of time served.
(7) The date and location of the interview (if applicable).
(h) The parole board shall adopt rules under IC 4-22-2 and make
available to offenders the criteria considered in making parole release
determinations. The criteria must include the:
(1) nature and circumstances of the crime for which the offender
is committed;
(2) offender's prior criminal record;
(3) offender's conduct and attitude during the commitment; and
(4) offender's parole plan.
(i) The hearing prescribed by this section may be conducted in an
informal manner without regard to rules of evidence. In connection
with the hearing, however:
(1) reasonable, advance written notice, including the date, time,
and place of the hearing shall be provided to the person being
considered;
(2) the person being considered shall be given access, in accord
with IC 11-8-5, to records and reports considered by the parole
board in making its parole release decision;
(3) the person being considered may appear, speak in the person's
own behalf, and present documentary evidence;
(4) irrelevant, immaterial, or unduly repetitious evidence shall be
excluded; and
(5) a record of the proceeding, to include the results of the parole
board's investigation, notice of the hearing, and evidence adduced
at the hearing, shall be made and preserved.
(j) If parole is denied, the parole board shall give the person written
notice of the denial and the reasons for the denial. The parole board
may not parole a person if it determines that there is substantial reason
to believe that the person:
(1) will engage in further specified criminal activity; or
(2) will not conform to appropriate specified conditions of parole.
(k) If parole is denied, the parole board shall conduct another parole
release hearing not earlier than five (5) years after the date of the
hearing at which parole was denied. However, the board may conduct
a hearing earlier than five (5) years after denial of parole if the board:
(1) finds that special circumstances exist for the holding of a
hearing; and
(2) gives reasonable notice to the person being considered for
parole.
(l) The parole board may parole a person who is outside Indiana on
a record made by the appropriate authorities of the jurisdiction in
which that person is imprisoned.
(m) If the board is considering the release on parole of an offender
who is serving a sentence of life in prison, a determinate term of
imprisonment of at least ten (10) years, or an indeterminate term of
imprisonment with a minimum term of at least ten (10) years, in
addition to the investigation required under subsection (b),
except as
provided in subsection (n), the board
shall may order and consider a
community investigation, which
must may include an investigation and
report that substantially reflects the attitudes and opinions of:
(1) the community in which the crime committed by the offender
occurred;
(2) law enforcement officers who have jurisdiction in the
community in which the crime occurred;
(3) the victim of the crime committed by the offender, or if the
victim is deceased or incompetent for any reason, the victim's
relatives or friends; and
(4) friends or relatives of the offender.
If the board reconsiders for release on parole an offender who was
previously released on parole and whose parole was revoked under
section 10 of this chapter, the board may use a community investigation
prepared for an earlier parole hearing to comply with this subsection.
However, the board shall accept and consider any supplements or
amendments to any previous statements from the victim or the victim's
relatives or friends.
(n) The board shall conduct the community investigation
described in subsection (m) if:
(1) the person was convicted of a crime of violence (as defined
in IC 35-50-1-2); or
(2) the person is a sex offender (as defined in IC 11-8-8-4.5).
(n) (o) As used in this section, "victim" means a person who has
suffered direct harm as a result of a violent crime (as defined in
IC 5-2-6.1-8).
SOURCE: IC 27-10-2-3; (10)CC034004.1.7. -->
SECTION 7. 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)CC034004.1.8. -->
SECTION 8. 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)CC034004.1.9. -->
SECTION 9. 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)CC034004.1.10. -->
SECTION 10. 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 35-38-1-5; (10)CC034004.1.11. -->
SECTION 11. IC 35-38-1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. (a) When the
defendant appears for sentencing, the court shall inform the defendant
of the verdict of the jury or the finding of the court. The court shall
afford counsel for the defendant an opportunity to speak on behalf of
the defendant. The defendant may also make a statement personally in
the defendant's own behalf and, before pronouncing sentence, the court
shall ask the defendant whether the defendant wishes to make such a
statement. Sentence shall then be pronounced, unless a sufficient cause
is alleged or appears to the court for delay in sentencing.
(b) This subsection expires June 30, 2012. A court that sentences
a person to a term of imprisonment shall include the total costs of
incarceration in the sentencing order. The court may not consider Class
I credit under IC 35-50-6-3 in the calculation of the total costs of
incarceration.
SOURCE: IC 35-38-2.5-2; (10)CC034004.1.12. -->
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)CC034004.1.13. -->
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 35-38-2.5-6(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)CC034004.1.14. -->
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)CC034004.1.15. -->
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: IC 35-50-6-1; (10)CC034004.1.16. -->
SECTION 16. IC 35-50-6-1, AS AMENDED BY P.L.216-2007,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: 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,
unless:
(A) the person is being placed on parole for the first time;
(B) the person is not being placed on parole for a
conviction for a crime of violence (as defined in
IC 35-50-1-2);
(C) the person is not a sex offender (as defined in
IC 11-8-8-4.5); and
(D) in the six (6) months before being placed on parole, the
person has not violated a rule of the department of
correction or a rule of the penal facility in which the
person is imprisoned;
(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.
A person described in subdivision (1) shall be released on parole
for not more than twelve (12) months, as determined by the parole
board.
(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
in 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:
(1) 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 (IC 35-42-1-3).
When a 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
is a 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 person described in subsection (e) and whose parole supervision is
transferred to Indiana is subject to the same conditions of parole as a
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 parole.
(i) If a court orders the parole board to place a sexually violent
predator whose sentence does not include a commitment to the
department of correction on lifetime parole under IC 35-38-1-29, the
parole board shall place the sexually violent predator on lifetime parole
and supervise the person in the same manner in which the parole board
supervises a sexually violent predator on lifetime parole whose
sentence includes a commitment to the department of correction.
SOURCE: IC 35-50-6-5; (10)CC034004.1.17. -->
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: ; (10)CC034004.1.18. -->
SECTION 18. [EFFECTIVE UPON PASSAGE]
(a) The general
assembly urges the legislative council to assign to the sentencing
policy study committee the issue of whether a sentencing court
should include the total costs of incarceration in its sentencing
order.
(b) This section expires December 31, 2010.
SOURCE: IC 11-12-2-9; IC 35-41-1-26.8.
; (10)CC034004.1.18. -->
SECTION 18. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2010]: IC 11-12-2-9; IC 35-41-1-26.8.
SOURCE: ; (10)CC034004.1.20. -->
SECTION 20. An emergency is declared for this act.
(Reference is to ESB 340 as reprinted February 23, 2010.)
Text Box
Conference Committee Report
on
Engrossed Senate Bill 340
Text Box
S
igned by:
____________________________ ____________________________
Senator BrayRepresentative Lawson L
Chairperson
____________________________ ____________________________
Senator LananeRepresentative Leonard
Senate Conferees House Conferees