Introduced Version






SENATE BILL No. 540

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 11-13-9-2.

Synopsis: Discharge of long term inmates. Specifies that a period of confinement is consecutive even if an inmate was released on the basis of an erroneous court order, and requires the department of correction to identify an offender to the parole board and provide certain information if the offender has been consecutively confined for 21 to 25 years, depending on the amount of educational credit time earned by the offender.

Effective: July 1, 2011.





Waterman




    January 18, 2011, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.







Introduced

First Regular Session 117th General Assembly (2011)


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SENATE BILL No. 540



    A BILL FOR AN ACT to amend the Indiana Code concerning corrections.

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

SOURCE: IC 11-13-9-2; (11)IN0540.1.1. -->     SECTION 1. IC 11-13-9-2, AS AMENDED BY P.L.42-2010, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) As used in this section, confinement is "consecutive" if:
        (1) the inmate has remained in the continuous custody of the department for the requisite length of time; or
        (2) the inmate would have remained in the continuous custody of the department for the requisite length of time, but:
            (A) was released from the custody of the department on the basis of an erroneous court order; and
            (B) returned to the custody of the department not later than seventy-two (72) hours after the erroneous court order was rescinded.
    (b)
Notwithstanding any other law, as soon as practicable after an inmate has been confined to the custody of the department for:
         (1) twenty-five (25) consecutive years; or
         (2) twenty-four (24) consecutive years if the inmate has

received one (1) year of credit time under IC 35-50-6-3.3;
        (3) twenty-three (23) consecutive years if the inmate has received two (2) years of credit time under IC 35-50-6-3.3;
        (4) twenty-two (22) consecutive years if the inmate has received three (3) years of credit time under IC 35-50-6-3.3; or
        (5)
twenty-one (21) consecutive years if the inmate has received four (4) years of credit time under IC 35-50-6, IC 35-50-6-3.3;
the department shall (1) identify the inmate to the parole board and (2) provide the parole board with the inmate's offender progress report.