SENATE BILL No. 540
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.
January 18, 2011, read first time and referred to Committee on Corrections, Criminal, and
First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type
, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type
. Also, the
will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type
this style type
between statutes enacted by the 2010 Regular Session of the General Assembly.
SENATE BILL No. 540
A BILL FOR AN ACT to amend the Indiana Code concerning
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
(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order was rescinded.
Notwithstanding any other law, as soon as practicable after an
inmate has been confined to the custody of the department for:
twenty-five (25) consecutive years;
(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;
(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.