Citations Affected: IC 11-10;
IC 31-37-19-7.
Synopsis: Incarcerated children. Provides that whenever a child is
committed to an adult correctional facility or program, the department
of correction shall restrict the child to an area of the facility or program
where the child at all times has complete sight and sound separation
from adults who are charged with, imprisoned for, or incarcerated for
offenses. Applies regardless of whether the child is a criminal or a
delinquent offender. Requires the department of correction to enroll
each: (1) criminal offender who is less than 18 years of age; and (2)
delinquent offender who is committed to or a ward of the department
of correction; in an appropriate educational program. Makes an
exception if the criminal offender received a sentence of death or life
imprisonment without parole.
Effective: July 1, 2000.
January 10, 2000, read first time and referred to Committee on Corrections, Criminal and
Civil Procedures.
A BILL FOR AN ACT to amend the Indiana Code concerning
corrections.
SECTION 1.
IC 11-10-1-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 3. (a) Upon completion
of the evaluation prescribed in section 2 of this chapter and before
assigning him to a facility or program, the department shall determine
the appropriate degree of security (maximum, medium, or minimum)
for each offender as described in
IC 35-38-3-6.
In making that
determination, the department shall, in addition to other relevant
information, consider:
(1) the results of the evaluation prescribed in section 2 of this
chapter;
(2) the recommendations of the sentencing court; and
(3) the degree and kind of custodial control necessary for the
protection of the public, staff, other confined persons, and the
individual being considered.
(b) After determining the offender's security classification, the
department shall assign him to a facility or program; make an initial
employment, education, training, or other assignment within that
facility or program; and order medical, psychiatric, psychological, or
other services. In making the assignment, the department shall, in
addition to other relevant information, consider:
(1) the results of the evaluation prescribed in section 2 of this
chapter;
(2) the offender's security classification;
(3) the offender's need for special therapy or programs, including
employment, education, or training available only in specific
facilities or programs;
(4) the likelihood of the offender's reintegration into the
community in which the facility or program is located;
(5) the desirability of keeping the offender in a facility or program
near the area in which he resided before commitment;
(6) the desires of the offender;
(7) the current population levels of the facilities or programs
considered appropriate for the offender; and
(8) the length of the offender's sentence; and
(9) the requirement to enroll an offender who is less than
eighteen (18) years of age in an educational program as
described in section 3.5 of this chapter.
(c) If the department determines that a committed offender is
mentally or physically incapacitated to such an extent that proper
custody, care, and control cannot be provided by the department, it
shall make arrangements for placement outside the department.
(d) Before assigning an offender to a facility or program, the
department shall give him an opportunity to present pertinent
information; discuss with him all aspects of the evaluation,
classification, and assignment process; and work with him to determine
a fair and appropriate assignment.
(e) If an offender is sentenced to a term of imprisonment of one (1)
year or less, the department may make an assignment under this section
without making the evaluation prescribed in section 2 of this chapter.
In determining the length of an offender's term, consecutive terms of
imprisonment shall be added together.
(f) This section does not prohibit the temporary assignment of an
offender pending evaluation and classification.
SECTION 2.
IC 11-10-1-3.5
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2000]: Sec. 3.5. (a) This section does not apply to an offender who
receives a sentence of death or life imprisonment without parole.
(b) The department shall enroll each offender who is less than
eighteen (18) years of age in an appropriate educational program
including:
(1) special or remedial education;
(2) a program in preparation for:
(A) a high school equivalency certificate; or
(B) a state of Indiana general educational development
(GED) diploma; or
(3) postsecondary or vocational education.
SECTION 3.
IC 11-10-1-8
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2000]: Sec. 8. Whenever an offender who is less than eighteen
(18) years of age is committed to an adult correctional facility or
program, the department shall restrict the offender to an area of
the facility or program where the offender at all times has
complete sight and sound separation from adults who are charged
with, imprisoned for, or incarcerated for offenses.
SECTION 4.
IC 11-10-2-5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 5. (a) Upon completion
of the evaluation prescribed in section 4 of this chapter, the department
shall assign the offender to a facility or program; make an initial
education, training, employment, or other assignment within that
facility or program; and order medical, psychiatric, psychological, or
other services it considers appropriate. In making the assignment, the
department shall, among other relevant information, consider:
(1) the results of the evaluation prescribed in section 4 of this
chapter;
(2) the recommendations of the committing court;
(3) the offender's need for special therapy or programs, including
education, training, or employment available only in specific
facilities or programs;
(4) the degree and type of custodial control necessary for the
protection of the public, staff, other committed offenders, and the
individual being considered;
(5) the likelihood of the offender's reintegration into the
community in which the facility or program is located;
(6) the desirability of keeping the offender in a facility or program
near the area in which he resided before commitment;
(7) the desires of the offender and his parents, guardian, or
custodian;
(8) the current population levels of the facilities or programs
considered appropriate for the offender; and
(9) the probable length of commitment; and
(10) the requirement to enroll an offender in an educational
program as described in section 5.5 of this chapter.
(b) If the department determines that a committed offender is
mentally or physically incapacitated to such an extent that proper
custody, care, and control cannot be provided by the department, it
shall make arrangements for placement outside the department.
(c) If an offender is found to be pregnant, the department may return
her to the committing court for further disposition.
(d) Before assigning an offender to a facility or program, the
department shall give him an opportunity to present pertinent
information, discuss with him all aspects of the evaluation and
assignment process, and work with him to determine a fair and
appropriate assignment.
(e) The department shall, by certified mail, return receipt requested,
notify the parent, guardian, custodian, or nearest relative of any
committed offender of his physical location and any change in that
location.
(f) This section does not preclude the temporary assignment of an
offender pending evaluation.
SECTION 5.
IC 11-10-2-5.5
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2000]: Sec. 5.5. The department shall enroll each offender who
is less than eighteen (18) years of age in an appropriate educational
program, including:
(1) special or remedial education;
(2) a program in preparation for:
(A) a high school equivalency certificate; or
(B) a state of Indiana general educational development
(GED) diploma; or
(3) postsecondary or vocational education.
SECTION 6.
IC 11-10-2-10
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 10. (a) The
commissioner may transfer a committed delinquent offender to an adult
facility or program according to the following requirements:
(1) The offender must be seventeen (17) years of age or older at
the time of transfer.
(2) The department must determine that:
(A) either the offender is incorrigible to the degree that his
presence at a facility or program for delinquent offenders is
seriously detrimental to the welfare of other offenders, or the
transfer is necessary for the offender's own physical safety or
the physical safety of others; and
(B) there is no other action reasonably available to alleviate
the problem.
(3) No offender may be transferred to the Indiana state prison or
the Pendleton Correctional Facility.
(b) The offender is under the full custody of the adult facility or
program to which he is transferred until he is returned to a facility or
program for delinquent offenders, except that his parole or discharge
from the department shall be determined under
IC 11-13-6.
(c) Whenever a delinquent offender is transferred to an adult
facility or program under this section, the department shall restrict
the delinquent offender to an area of the facility or program where
the delinquent offender at all times has complete sight and sound
separation from adults who are charged with, imprisoned for, or
incarcerated for offenses.
SECTION 7.
IC 31-37-19-7
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 7. (a) With respect to
a wardship awarded under section 6(b)(2)(A) of this chapter, a child
may not be awarded to the department of correction if the child:
(1) except as provided by subsection (b), is:
(A) less than twelve (12) years of age; or
(B) at least eighteen (18) years of age;
at the time of the dispositional decree; or
(2) was determined to be a delinquent child because the child
violated
IC 7.1-5-7.
(b) A wardship may be awarded to the department of correction if
the child:
(1) is ten (10) or eleven (11) years of age; and
(2) is found to have committed an act that would have been
murder if committed by an adult.
(c) The department of correction may not confine a delinquent child
except as provided in IC 11-10-2-10, at:
(1) an adult correctional facility or program; or
(2) a shelter care facility;
that houses persons charged with, imprisoned for, or incarcerated for
crimes unless the child is restricted to an area of the facility or
program where the child may have not more than haphazard or
incidental at all times has complete sight or and sound contact with
separation from persons charged with, imprisoned for, or incarcerated
for crimes.