Citations Affected: IC 11-8-7-2; IC 11-13; IC 16-41-6-1; IC 31-37-19; IC 35-38;
IC 35-50-6-3.3; IC 35-50-6-3.3.
Synopsis: Various correction matters. Conference committee report for EHB 1200. Requires a sentencing court to inform the department of correction (department) if the person sentenced is a credit restricted felon. Requires a court that determines that a person sentenced is a credit restricted felon to state in the sentencing order and the abstract of judgment that the person is a credit restricted felon. Requires the judicial conference to adopt rules concerning swift and certain sanctions that a probation officer may use in supervising persons on probation. Provides procedures for a person on probation to be sanctioned by a probation officer. Requires that credit time earned by certain offenders shall be reduced to the extent that application of the credit time would result in postconviction release or a community transition program assignment in less than 45 days after the person earns the credit time. Requires the department to: (1) establish an automated victim notification system; and (2) notify a registered crime victim of certain changes affecting the committed offender who committed the crime against the victim. Specifies when the department shall make certain victim notifications. Provides that if a court imposes a felony sentence that involves a commitment to the department, the court shall state certain information in the sentencing order and abstract of judgment. Provides that if a court orders probation for a person, the person or in the case of a child, the child's parents are responsible for certain costs. (This conference committee report: (1) removes provisions that: (A) add a definition of a research intensive campus; (B) remove the requirement that all the members of the board of trustees of Ball State University must be residents of Indiana and that at least one member be a resident of Delaware County; (C) modifies the manner in which alumni members of the Indiana University board of trustees are elected; (D) allow the board of trustees of Indiana University to hold meetings at the dates, times, and places the board of trustees agrees upon; (E) repeal a provision concerning emergency appointments to the board of trustees of Indiana University; and (F) provide that the board of trustees of a state educational institution may not impose or allow any mandatory or presumptive age limits in the hiring, the retention in a position, or continuation of employment of any officers, faculty, or counsel of the institution; and (2) adds provisions that: (A) require the judicial conference to adopt rules concerning swift and certain sanctions that a probation officer may use in supervising persons on probation; (B) provide procedures for a person on probation to be sanctioned by a probation officer; (C) require that credit time earned by
certain offenders shall be reduced to the extent that application of the credit time would
result in postconviction release or a community transition program assignment in less than
45 days after the person earns the credit time; (D) require the department to establish an
automated victim notification system and to notify a registered crime victim of certain
changes affecting the committed offender who committed the crime against the victim; (E)
specify when the department shall make certain victim notifications; (F) provide that if a
court imposes a felony sentence that involves a commitment to the department, the court
shall state certain information in the sentencing order and abstract of judgment; and (G)
provide that if a court orders probation for a person, the person or, in the case of a child,
the child's parents are responsible for certain costs.)
Effective: July 1, 2012.
MADAM PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed Senate Amendments to Engrossed House Bill No. 1200 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning
corrections.
Delete everything after the enacting clause and insert the following:
SECTION 102, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 8. (a) As used in this section,
"board" refers to the board of directors of the judicial conference of
Indiana established by IC 33-38-9-3.
(b) The board shall adopt rules consistent with this chapter,
prescribing minimum standards concerning:
(1) educational and occupational qualifications for employment
as a probation officer;
(2) compensation of probation officers;
(3) protection of probation records and disclosure of information
contained in those records; and
(4) presentence investigation reports;
(5) a schedule of progressive probation incentives and
violation sanctions, including judicial review procedures; and
(6) qualifications for probation officers to administer
probation violation sanctions under IC 35-38-2-3(e).
(c) The conference shall prepare a written examination to be used
in establishing lists of persons eligible for appointment as probation
officers. The conference shall prescribe the qualifications for entrance
to the examination and establish a minimum passing score and rules for
the administration of the examination after obtaining recommendations
on these matters from the probation standards and practices advisory
committee. The examination must be offered at least once every other
month.
(d) The conference shall, by its rules, establish an effective date for
the minimum standards and written examination for probation officers.
(e) The conference shall provide probation departments with
training and technical assistance for:
(1) the implementation and management of probation case
classification; and
(2) the development and use of workload information.
The staff of the Indiana judicial center may include a probation case
management coordinator and probation case management assistant.
(f) The conference shall, in cooperation with the department of child
services and the department of education, provide probation
departments with training and technical assistance relating to special
education services and programs that may be available for delinquent
children or children in need of services. The subjects addressed by the
training and technical assistance must include the following:
(1) Eligibility standards.
(2) Testing requirements and procedures.
(3) Procedures and requirements for placement in programs
provided by school corporations or special education cooperatives
under IC 20-35-5.
(4) Procedures and requirements for placement in residential
special education institutions or facilities under IC 20-35-6-2 and
511 IAC 7-27-12.
(5) Development and implementation of individual education
programs for eligible children in:
(A) accordance with applicable requirements of state and
federal laws and rules; and
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) not later than twenty-four (24) hours after the escape of a
committed offender;
(1) (2) at least forty (40) days before: a
(A) the discharge or release of a committed offender; or
(B) the date of a hearing occurs; concerning a committed
offender's possible discharge or release; and
(2) (3) if the date of a committed offender's discharge or
release as referred to in subdivision (2)(A) is changed during
the forty (40) day notification period referred to in
subdivision (2), not later more than twenty-four (24) hours after
the escape of a committed offender. forty-eight (48) hours after
the change in the discharge or release date.
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 may order and consider a
community investigation, which 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).
(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).
without the oral or written consent of the individual to be tested or a
representative as authorized under IC 16-36-1. A physician ordering
the test or the physician's authorized representative shall document
whether or not the individual has consented. The test for the antibody
or antigen to HIV may not be performed on a woman under section 5
or 6 of this chapter if the woman refuses under section 7 of this chapter
to consent to the test.
(b) The test for the antibody or antigen to HIV may be performed if
one (1) of the following conditions exists:
(1) If ordered by a physician who has obtained a health care
consent under IC 16-36-1 or an implied consent under emergency
circumstances and the test is medically necessary to diagnose or
treat the patient's condition.
(2) Under a court order based on clear and convincing evidence
of a serious and present health threat to others posed by an
individual. A hearing held under this subsection shall be held in
camera at the request of the individual.
(3) If the test is done on blood collected or tested anonymously as
part of an epidemiologic survey under IC 16-41-2-3 or
IC 16-41-17-10(a)(5).
(4) The test is ordered under section 4 of this chapter.
(5) The test is required or authorized under IC 11-10-3-2.5.
(c) A court may order a person to undergo testing for HIV under
IC 35-38-1-10.5(a) or IC 35-38-2-2.3(a)(16). IC 35-38-2-2.3(a)(17).
foster family home or another facility, the juvenile court shall:
(A) approve a permanency plan for the child;
(B) find whether or not reasonable efforts were made to prevent
or eliminate the need for the removal;
(C) designate responsibility for the placement and care of the
child with the probation department; and
(D) find whether it:
(i) serves the best interests of the child to be removed; and
(ii) would be contrary to the health and welfare of the child for
the child to remain in the home.
(c) If a dispositional decree under this section:
(1) orders or approves removal of a child from the child's home or
awards wardship of the child to a:
(A) person other than the department; or
(B) shelter care facility; and
(2) is the first court order in the delinquent child proceeding that
authorizes or approves removal of the child from the child's
parent, guardian, or custodian;
the court shall include in the decree the appropriate findings and
conclusions described in IC 31-37-6-6(f) and IC 31-37-6-6(g).
(d) If the juvenile court orders supervision of the child by the
probation department under subsection (a)(1), the child or the
child's parent, guardian, or custodian is responsible for any costs
resulting from the participation in a rehabilitative service or
educational class provided by the probation department. Any costs
collected for services provided by the probation department shall
be deposited in the county supplemental juvenile probation services
fund.
of this chapter.
(6) Order the child to attend an alcohol and drug services program
established under IC 12-23-14.
(7) Order the child to perform community restitution or service
for a specified period of time.
(8) Order wardship of the child as provided in section 9 of this
chapter.
(c) If the juvenile court orders supervision of the child by the
probation department under subsection (b)(1), the child or the
child's parent, guardian, or custodian is responsible for any costs
resulting from the participation in a rehabilitative service or
educational class provided by the probation department. Any costs
collected for services or classes provided by the probation
department shall be deposited in the county supplemental juvenile
probation services fund.
days spent in confinement and shall be completed within one (1) year.
A person does not earn credit time while serving an intermittent term
of imprisonment under this subsection. When the court orders
intermittent service, the court shall state:
(1) the term of imprisonment;
(2) the days or parts of days during which a person is to be
confined; and
(3) the conditions.
(e) Supervision of a person may be transferred from the court that
placed the person on probation to a court of another jurisdiction, with
the concurrence of both courts. Retransfers of supervision may occur
in the same manner. This subsection does not apply to transfers made
under IC 11-13-4 or IC 11-13-5.
(f) When a court imposes a condition of probation described in
subsection (a)(17): (a)(18):
(1) the clerk of the court shall comply with IC 5-2-9; and
(2) the prosecuting attorney shall file a confidential form
prescribed or approved by the division of state court
administration with the clerk.
(g) As a condition of probation, a court shall require a person:
(1) convicted of an offense described in IC 10-13-6-10;
(2) who has not previously provided a DNA sample in accordance
with IC 10-13-6; and
(3) whose sentence does not involve a commitment to the
department of correction;
to provide a DNA sample as a condition of probation.
(h) If a court imposes a condition of probation described in
subsection (a)(4), the person on probation is responsible for any
costs resulting from the participation in a program, class, or
service. Any costs collected for services provided by the probation
department shall be deposited in the county or local supplemental
adult services fund.
a hearing concerning the alleged violation. The court may admit the
person to bail pending the hearing. A person who is not admitted to
bail pending the hearing may not be held in jail for more than
fifteen (15) days without a hearing on the alleged violation of
probation.
(e) A person may admit to a violation of probation and waive
the right to a probation violation hearing after being offered the
opportunity to consult with an attorney. If the person admits to a
violation and requests to waive the probation violation hearing, the
probation officer shall advise the person that by waiving the right
to a probation violation hearing the person forfeits the rights
provided in subsection (f). The sanction administered must follow
the schedule of progressive probation violation sanctions adopted
by the judicial conference of Indiana under IC 11-13-1-8.
(e) (f) Except as provided in subsection (e), the state must prove
the violation by a preponderance of the evidence. The evidence shall
be presented in open court. The person is entitled to confrontation,
cross-examination, and representation by counsel.
(f) (g) Probation may not be revoked for failure to comply with
conditions of a sentence that imposes financial obligations on the
person unless the person recklessly, knowingly, or intentionally fails to
pay.
(g) (h) If the court finds that the person has violated a condition at
any time before termination of the period, and the petition to revoke is
filed within the probationary period, the court may impose one (1) or
more of the following sanctions:
(1) Continue the person on probation, with or without modifying
or enlarging the conditions.
(2) Extend the person's probationary period for not more than one
(1) year beyond the original probationary period.
(3) Order execution of all or part of the sentence that was
suspended at the time of initial sentencing.
(h) (i) If the court finds that the person has violated a condition of
home detention at any time before termination of the period, and the
petition to revoke probation is filed within the probationary period, the
court shall:
(1) order one (1) or more sanctions as set forth in subsection (g);
(h); and
(2) provide credit for time served as set forth under
IC 35-38-2.5-5.
(i) (j) If the court finds that the person has violated a condition
during any time before the termination of the period, and the petition
is filed under subsection (a) after the probationary period has expired,
the court may:
(1) reinstate the person's probationary period, with or without
enlarging the conditions, if the sum of the length of the original
probationary period and the reinstated probationary period does
not exceed the length of the maximum sentence allowable for the
offense that is the basis of the probation; or
(2) order execution of all or part of the sentence that was
suspended at the time of the initial sentencing.
under subsection (b). A person may not earn credit time under both
subsections (a) and (b) for the same program of study.
(d) The amount of credit time a person may earn under this section
is the following:
(1) Six (6) months for completion of a state of Indiana general
educational development (GED) diploma under IC 20-20-6
(before its repeal) or IC 22-4.1-18.
(2) One (1) year for graduation from high school.
(3) One (1) year for completion of an associate's degree.
(4) Two (2) years for completion of a bachelor's degree.
(5) Not more than a total of six (6) months of credit, as
determined by the department of correction, for the completion of
one (1) or more career and technical education programs
approved by the department of correction.
(6) Not more than a total of six (6) months of credit, as
determined by the department of correction, for the completion of
one (1) or more substance abuse programs approved by the
department of correction.
(7) Not more than a total of six (6) months credit, as determined
by the department of correction, for the completion of one (1) or
more literacy and basic life skills programs approved by the
department of correction.
(8) Not more than a total of six (6) months credit time, as
determined by the department of correction, for completion of one
(1) or more reformative programs approved by the department of
correction. However, a person who is serving a sentence for an
offense listed under IC 11-8-8-4.5 may not earn credit time under
this subdivision.
However, a person who does not have a substance abuse problem that
qualifies the person to earn credit in a substance abuse program may
earn not more than a total of twelve (12) months of credit, as
determined by the department of correction, for the completion of one
(1) or more career and technical education programs approved by the
department of correction. If a person earns more than six (6) months of
credit for the completion of one (1) or more career and technical
education programs, the person is ineligible to earn credit for the
completion of one (1) or more substance abuse programs.
(e) Credit time earned by a person under this section is subtracted
from the release date that would otherwise apply to the person after
subtracting all other credit time earned by the person.
(f) A person does not earn credit time under subsection (a) unless
the person completes at least a portion of the degree requirements after
June 30, 1993.
(g) A person does not earn credit time under subsection (b) unless
the person completes at least a portion of the program requirements
after June 30, 1999.
(h) Credit time earned by a person under subsection (a) for a
diploma or degree completed before July 1, 1999, shall be subtracted
from:
(1) the release date that would otherwise apply to the person after
subtracting all other credit time earned by the person, if the
person has not been convicted of an offense described in
subdivision (2); or
(2) the period of imprisonment imposed on the person by the
sentencing court, if the person has been convicted of one (1) of
the following crimes:
(A) Rape (IC 35-42-4-1).
(B) Criminal deviate conduct (IC 35-42-4-2).
(C) Child molesting (IC 35-42-4-3).
(D) Child exploitation (IC 35-42-4-4(b)).
(E) Vicarious sexual gratification (IC 35-42-4-5).
(F) Child solicitation (IC 35-42-4-6).
(G) Child seduction (IC 35-42-4-7).
(H) Sexual misconduct with a minor as a Class A felony, Class
B felony, or Class C felony (IC 35-42-4-9).
(I) Incest (IC 35-46-1-3).
(J) Sexual battery (IC 35-42-4-8).
(K) Kidnapping (IC 35-42-3-2), if the victim is less than
eighteen (18) years of age.
(L) Criminal confinement (IC 35-42-3-3), if the victim is less
than eighteen (18) years of age.
(M) An attempt or a conspiracy to commit a crime listed in
clauses (A) through (L).
(i) The maximum amount of credit time a person may earn under
this section is the lesser of:
(1) four (4) years; or
(2) one-third (1/3) of the person's total applicable credit time.
(j) The amount of Credit time earned under this section is by an
offender serving a sentence for a felony against a person under
IC 35-42 or for a crime listed in IC 11-8-8-5 shall be reduced to the
extent that application of the credit time would otherwise result in:
(1) postconviction release (as defined in IC 35-40-4-6); or
(2) assignment of the person to a community transition program;
in less than forty-five (45) days after the person earns the credit time.
(k) A person may earn credit time for multiple degrees at the same
education level under subsection (d) only in accordance with guidelines
approved by the department of correction. The department of
correction may approve guidelines for proper sequence of education
degrees under subsection (d).
(l) A person may not earn credit time:
(1) for a general educational development (GED) diploma if the
person has previously earned a high school diploma; or
(2) for a high school diploma if the person has previously earned
a general educational development (GED) diploma.
(m) A person may not earn credit time under this section if the
person:
(1) commits an offense listed in IC 11-8-8-4.5 while the person is
required to register as a sex or violent offender under IC 11-8-8-7;
and
(2) is committed to the department of correction after being
convicted of the offense listed in IC 11-8-8-4.5.
(n) For a person to earn credit time under subsection (a)(3)(B) for
successfully completing the requirements for a high school diploma
through correspondence courses, each correspondence course must be
approved by the department before the person begins the
correspondence course. The department may approve a correspondence
course only if the entity administering the course is recognized and
accredited by the department of education in the state where the entity
is located.
(Reference is to EHB 1200 as printed February 17, 2012.)
S
igned by:
____________________________ ____________________________
Representative Foley Senator Bray
Chairperson
____________________________ ____________________________
Representative Porter Senator Simpson
House Conferees Senate Conferees