SENATE MOTION
MR. PRESIDENT:
I move
that Engrossed House Bill 1001 be amended to read as follows:
SOURCE: Page 106, line 14; (03)MO100134.106. -->
Page 106, between lines 14 and 15, begin a new paragraph and
insert:
SOURCE: IC 11-8-1-5.5; (03)MO100134.47. -->
"SECTION 47. IC 11-8-1-5.5, AS ADDED BY P.L.273-1999,
SECTION 205, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 5.5. "Community transition
program" means assignment of a person committed to the department
to:
(1) a community corrections program; or
(2) in a county or combination of counties that do not have a
community corrections program, a program of supervision by the
probation department of a court; or
(3) an enrolled nonprofit or faith based community transition
program if the person is a nonviolent offender;
for a period after a person's community transition program
commencement date until the person completes the person's fixed term
of imprisonment, less the credit time the person has earned with respect
to the term.
SOURCE: IC 11-8-1-5.6; (03)MO100134.48. -->
SECTION 48. IC 11-8-1-5.6, AS AMENDED BY P.L.291-2001,
SECTION 223, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 5.6. "Community transition
program commencement date" means the following:
(1)
Sixty (60) One hundred (100) days before an offender's
expected release date, if the most serious offense for which the
person is committed is a Class D felony.
(2)
Ninety (90) One hundred (100) days before an offender's
expected release date, if the most serious offense for which the
person is committed is a Class C felony and subdivision (3) does
not apply.
(3) One hundred twenty (120) days before an offender's expected
release date, if:
(A) the most serious offense for which the person is committed
is a Class C felony;
(B) all of the offenses for which the person was concurrently
or consecutively sentenced are offenses under IC 16-42-19 or
IC 35-48-4; and
(C) none of the offenses for which the person was concurrently
or consecutively sentenced are listed in IC 35-50-2-2(b)(4).
(4) One hundred twenty (120) days before an offender's expected
release date, if the most serious offense for which the person is
committed is a Class A or Class B felony and subdivision (5) does
not apply.
(5) One hundred eighty (180) days before an offender's expected
release date, if:
(A) the most serious offense for which the person is committed
is a Class A or Class B felony;
(B) all of the offenses for which the person was concurrently
or consecutively sentenced are offenses under IC 16-42-19 or
IC 35-48-4; and
(C) none of the offenses for which the person was concurrently
or consecutively sentenced are listed in IC 35-50-2-2(b)(4).
SOURCE: IC 11-8-1-8.6; (03)MO100134.49. -->
SECTION 49. IC 11-8-1-8.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 8.6. "Nonprofit or faith based community transition
program" means an organization that is:
(1) exempt from federal income taxation under section
501(c)(3) of the Internal Revenue Code; or
(2) operated as a part of or directly affiliated with a church or
religious ministry;
and has staff with training or experience in spiritual counseling,
addictions counseling, vocational counseling, or a combination of
the foregoing.
SOURCE: IC 11-8-1-8.7; (03)MO100134.50. -->
SECTION 50. IC 11-8-1-8.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 8.7. "Nonviolent offender" means an offender who
has not been committed to the department, at any time, for an
offense, attempted offense, or conspiracy to commit an offense:
(1) involving bodily injury;
(2) involving force or a threat of force;
(3) under IC 35-42-4 or IC 35-46-1-3;
(4) involving use of a deadly weapon or weapon of mass
destruction; or
(5) involving confinement.
SOURCE: IC 11-10-11.5-1; (03)MO100134.51. -->
SECTION 51. IC 11-10-11.5-1, AS AMENDED BY P.L.90-2000,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 1. This chapter applies to a person:
(1) who is committed to the department under IC 35-50 for one
(1) or more felonies other than murder; and
(2) against whom a court imposed a sentence of at least one and
one-half (1.5) years, if the offender is a nonviolent offender, or
two (2) years, if the person is not a nonviolent offender.
SOURCE: IC 11-10-11.5-5; (03)MO100134.52. -->
SECTION 52. IC 11-10-11.5-5, AS AMENDED BY P.L.90-2000,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 5. (a) This section applies to a person if the most
serious offense for which the person is committed is a Class C or Class
D felony.
(b) Unless the department has received:
(1) an order under IC 35-38-1-24 or IC 35-38-1-24.5, as
applicable; or
(2) a warrant order of detainer seeking the transfer of the person
to a county or another jurisdiction;
the department shall assign a person to a minimum security
classification and place the person in a community transition program
beginning with the person's community transition program
commencement date until the person completes the person's fixed term
of imprisonment, less the credit time the person has earned with respect
to the term. However, a nonviolent offender may not be assigned to
a community transition program that is a nonprofit or faith based
community transition program if the offender submits in writing
to the department an objection to the placement.
SOURCE: IC 11-10-11.5-5.5; (03)MO100134.53. -->
SECTION 53. IC 11-10-11.5-5.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 5.5. (a) This section applies to a
person if the most serious offense for which the person is
committed is a Class A or Class B felony and the person is a
nonviolent offender.
(b) Unless the department has received:
(1) an order under IC 35-38-1-24.5; or
(2) a warrant order of detainer seeking the transfer of the
person to a county or another jurisdiction;
the department shall assign a person to a minimum security
classification and place the person in a community transition
program beginning with the person's community transition
program commencement date until the person completes the
person's fixed term of imprisonment, less the credit time the person
has earned with respect to the term. However, a nonviolent
offender may not be assigned to a community transition program
that is a nonprofit or faith based community transition program if
the offender submits in writing to the department an objection to
the placement.
SOURCE: IC 11-10-11.7; (03)MO100134.54. -->
SECTION 54. IC 11-10-11.7 IS ADDED TO THE INDIANA
CODE AS A
NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]:
Chapter 11.7. Minimum Security Release to Nonprofit or Faith
Based Community Transition Program
Sec. 1. This chapter provides an alternative minimum security
release program for nonviolent offenders who are not yet eligible
to be placed in a community transition program and are not
residents of another state.
Sec. 2. A nonviolent offender who is committed to the
department may file a written request with the department and the
court that sentenced the nonviolent offender to the department for
placement in a nonprofit or faith based community transition
program not sooner than ninety (90) actual days after the
nonviolent offender begins serving the nonviolent offender's
sentence in a department facility.
Sec. 3. A copy of the written request under section 2 of this
chapter must be sent to the prosecuting attorney in the county of
the sentencing court.
Sec. 4. If a nonviolent offender is sentenced by more than one (1)
court, the nonviolent offender must petition each court that
sentenced the nonviolent offender to the department.
Sec. 5. The department shall notify a nonviolent offender and
any victim of the nonviolent offender's crime of the right to submit
a written statement to the department and the court regarding the
nonviolent offender's assignment to a nonprofit or faith based
community transition program. If the name or address of a victim
changes after the nonviolent offender is sentenced for the offense,
and the nonviolent offender's sentence may result in the nonviolent
offender's assignment to a nonprofit or faith based community
transition program, the victim is responsible for notifying the
department of the name or address change.
Sec. 6. A nonviolent offender or a victim of the nonviolent
offender's crime who wishes to submit a written statement under
section 5 of this chapter must submit the statement to the
department and court not later than ten (10) working days after
receiving notice from the department.
Sec. 7. If the offender files a written request under this chapter,
the department shall assign a nonviolent offender to a minimum
security classification and place the nonviolent offender in a
nonprofit or faith based community transition program unless the
court issues an order under IC 35-38-1-24.5(b) or no nonprofit or
faith based community transition program will accept the offender.
Sec. 8. A nonviolent offender who is placed in a nonprofit or
faith based community transition program must be provided a
written copy of the rules of the program.
Sec. 9. The nonprofit or faith based community transition
program must notify the nonviolent offender that a violation of the
rules of the program or the commission of a criminal offense
during the period that the nonviolent offender is in the program
will result in a notice of violation being filed in the court that
sentenced the offender.
Sec. 10. If a notice of violation is filed under section 9 of this
chapter, the nonviolent offender shall be returned to the
department facility that released the nonviolent offender to the
program pending the outcome of the alleged violation.
Sec. 11. (a) The court in which the notice is filed may revoke a
nonviolent offender's placement in a nonprofit or faith based
community transition program if:
(1) the nonviolent offender has violated a condition of the
program or committed a criminal offense during the period
the nonviolent offender is in the program; and
(2) a petition to revoke the nonviolent offender's placement in
the program is filed by the program not later than forty-five
(45) days after the rule violation or crime occurs.
(b) The court shall conduct a hearing concerning the alleged
violation.
(c) The prosecuting attorney for the county in which the petition
to revoke is filed shall represent the state in the hearing.
(d) The state must prove the violation by a preponderance of the
evidence. The evidence shall be presented in open court. The
nonviolent offender is entitled to confrontation, cross-examination,
and representation by counsel.
(e) If the court finds that the nonviolent offender has violated a
condition of the program or committed a criminal offense at any
time before termination of the program and the petition to revoke
is filed within the period allowed under subsection (a)(2), the court
shall return the nonviolent offender to the department facility that
released the nonviolent offender to the program.
Sec. 12. (a) A nonviolent offender who is returned to the
department after final adjudication under section 11 of this
chapter may reapply for placement in a nonprofit or faith based
community transition program not sooner than ninety (90) days
after the nonviolent offender is returned to the department and a
final unappealable order revoking the placement is issued under
section 11 of this chapter. However, the department may deny
placement in a nonprofit or faith based community transition
program if the nonviolent offender was returned to the department
for violation of a rule or a misdemeanor offense and the
department determines that further placements under this chapter
are inappropriate.
(b) The requirements of this chapter regarding an initial
application apply to reapplication under subsection (a). However,
the department may suspend or amend a requirement of this
chapter as it relates to reapplication if the department determines
a requirement is unnecessary or duplicative.
Sec. 13. A nonviolent offender who is placed in a nonprofit or
faith based community transition program receives credit time
under IC 35-50-6.
Sec. 14. The department may continue the placement of a
nonviolent offender who is placed in a nonprofit or faith based
community transition program before the nonviolent offender
becomes eligible to be placed in a community transition program
under IC 11-10-11.5 through the term of the offender's placement
in a community transition program without complying with
IC 11-10-11.5-2 or IC 11-10-11.5-4.5.
Sec. 15. IC 11-10-11.5-12 and IC 11-10-11.5-14 apply to medical
care while an offender is in a placement under this chapter.
Sec. 16. IC 11-12-10-2.5 applies to a transfer of placement from
one (1) county to another to place the nonviolent offender in the
offender's county of residence.
Sec. 17. The following shall assist a nonprofit or faith based
community transition program with overseeing the placement of
a nonviolent offender:
(1) The probation officers of the sentencing court if the
offender is placed in the county of sentencing.
(2) The court taking jurisdiction of the placement if the
offender is transferred under IC 11-12-10-2.5.
SOURCE: IC 11-12-11; (03)MO100134.55. -->
SECTION 55. IC 11-12-11 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 11. Nonprofit and Faith Based Community Transition
Program
Sec. 1. (a) A nonprofit or faith based community transition
program is eligible to receive nonviolent offenders under this
chapter upon written approval by the department.
(b) A nonprofit or faith based community transition program
must submit an application for enrollment to the department.
(c) The application for enrollment shall be developed by the
department.
Sec. 2. (a) The department shall issue a written approval or
denial of an application for enrollment within sixty (60) days of the
receipt of the application. However, the department may extend
the period for approval by an additional sixty (60) days for good
cause.
(b) A nonprofit or faith based community transition program
must provide information in addition to the information required
in the application, as requested by the department.
Sec. 3. Subject to section 4 of this chapter, a nonprofit or faith
based community transition program that receives written
approval of its program under section 2 of this chapter is eligible
to receive placement of a nonviolent offender under IC 11-10-11.5
or IC 11-10-11.7.
Sec. 4. The department and the nonprofit or faith based
community transition program shall enter into an agreement
governing placements of nonviolent offenders with the program
before any nonviolent offender may be placed with the program.
The department may terminate a program's eligibility to receive
placements under IC 11-10-11.5 or IC 11-10-11.7, or both, if the
program fails to comply with the agreement.
Sec. 5. (a) The department shall reimburse a nonprofit or faith
based community transition program on a per diem basis for
services provided to persons assigned to a community transition
program under IC 11-10-11.5 or IC 11-10-11.7.
(b) The department shall set the per diem rate under this
section. In setting the per diem rate for a community, the
department may consider the direct costs incurred by the nonprofit
or faith based community transition program to provide the
program. The per diem may not be less than fifty percent (50%) of
the amount that a community would receive under IC 11-12-2 and
IC 11-12-10 for the same services.
(c) The per diem rate paid under this section shall be paid from
appropriations to the department for community corrections
programs or for the community transition program fund, or both.".
SOURCE: Page 151, line 2; (03)MO100134.151. -->
Page 151, between lines 2 and 3, begin a new paragraph and insert:
SOURCE: IC 34-6-2-38; (03)MO100134.151. -->
"SECTION 151. IC 34-6-2-38, AS AMENDED BY P.L.178-2002,
SECTION 112, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 38. (a) "Employee" and "public
employee", for purposes of section 91 of this chapter, IC 34-13-2,
IC 34-13-3, IC 34-13-4, and IC 34-30-14, mean a person presently or
formerly acting on behalf of a governmental entity, whether
temporarily or permanently or with or without compensation, including
members of boards, committees, commissions, authorities, and other
instrumentalities of governmental entities, volunteer firefighters (as
defined in IC 36-8-12-2), and elected public officials.
(b) The term also includes attorneys at law whether employed by the
governmental entity as employees or independent contractors and
physicians licensed under IC 25-22.5 and optometrists who provide
medical or optical care to confined offenders (as defined in IC 11-8-1)
or offenders placed with a nonprofit or faith based community
transition program (as defined in IC 11-8-1-8.6) within the course
of their employment by or contractual relationship with the department
of correction
or a placement with a nonprofit or faith based
community transition program and volunteers or employees of a
nonprofit or faith based community transition program (as defined
in IC 11-8-1-8.6) providing a placement for a person committed to
the department of correction. However, the term does not include:
(1) an independent contractor (other than an attorney at law, a
physician, or an optometrist described in this section);
(2) an agent or employee of an independent contractor
(other
than volunteers or employees of a nonprofit or faith based
community transition program (as defined in IC 11-8-1-8.6));
(3) a person appointed by the governor to an honorary advisory or
honorary military position; or
(4) a physician licensed under IC 25-22.5 with regard to a claim
against the physician for an act or omission occurring or allegedly
occurring in the physician's capacity as an employee of a hospital.
(c) A physician licensed under IC 25-22.5 who is an employee of a
governmental entity (as defined in IC 34-6-2-49) shall be considered
a public employee for purposes of IC 34-13-3-3(21).
(d) For purposes of IC 34-13-3 and IC 34-13-4, the term includes a
person that engages in an act or omission before July 1, 2004, in the
person's capacity as:
(1) a contractor under IC 6-1.1-4-32;
(2) an employee acting within the scope of the employee's duties
for a contractor under IC 6-1.1-4-32;
(3) a subcontractor of the contractor under IC 6-1.1-4-32 that is
acting within the scope of the subcontractor's duties; or
(4) an employee of a subcontractor described in subdivision (3)
that is acting within the scope of the employee's duties.
SOURCE: IC 34-13-3-3; (03)MO100134.152. -->
SECTION 152. IC 34-13-3-3, AS AMENDED BY P.L.1-2002,
SECTION 144, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 3. A governmental entity,
for
purposes of subdivision (17), an individual or entity operating a
nonprofit or faith based community transition program (as defined
in IC 11-8-1-8.6), or an employee acting within the scope of the
employee's employment is not liable if a loss results from the
following:
(1) The natural condition of unimproved property.
(2) The condition of a reservoir, dam, canal, conduit, drain, or
similar structure when used by a person for a purpose that is not
foreseeable.
(3) The temporary condition of a public thoroughfare or extreme
sport area that results from weather.
(4) The condition of an unpaved road, trail, or footpath, the
purpose of which is to provide access to a recreation or scenic
area.
(5) The design, construction, control, operation, or normal
condition of an extreme sport area, if all entrances to the extreme
sport area are marked with:
(A) a set of rules governing the use of the extreme sport area;
(B) a warning concerning the hazards and dangers associated
with the use of the extreme sport area; and
(C) a statement that the extreme sport area may be used only
by persons operating extreme sport equipment.
This subdivision shall not be construed to relieve a governmental
entity from liability for the continuing duty to maintain extreme
sports areas in a reasonably safe condition.
(6) The initiation of a judicial or an administrative proceeding.
(7) The performance of a discretionary function; however, the
provision of medical or optical care as provided in IC 34-6-2-38
shall be considered as a ministerial act.
(8) The adoption and enforcement of or failure to adopt or enforce
a law (including rules and regulations), unless the act of
enforcement constitutes false arrest or false imprisonment.
(9) An act or omission performed in good faith and without
malice under the apparent authority of a statute which is invalid
if the employee would not have been liable had the statute been
valid.
(10) The act or omission of anyone other than the governmental
entity or the governmental entity's employee.
(11) The issuance, denial, suspension, or revocation of, or failure
or refusal to issue, deny, suspend, or revoke, any permit, license,
certificate, approval, order, or similar authorization, where the
authority is discretionary under the law.
(12) Failure to make an inspection, or making an inadequate or
negligent inspection, of any property, other than the property of
a governmental entity, to determine whether the property
complied with or violates any law or contains a hazard to health
or safety.
(13) Entry upon any property where the entry is expressly or
impliedly authorized by law.
(14) Misrepresentation if unintentional.
(15) Theft by another person of money in the employee's official
custody, unless the loss was sustained because of the employee's
own negligent or wrongful act or omission.
(16) Injury to the property of a person under the jurisdiction and
control of the department of correction if the person has not
exhausted the administrative remedies and procedures provided
by section 7 of this chapter.
(17) Injury to the person or property of a person under supervision
of a governmental entity and who is:
(A) on probation; or
(B) assigned to an alcohol and drug services program under
IC 12-23, a minimum security release program under
IC 11-10-8,
a community transition program under
IC 11-10-11.5, a nonprofit or faith based community
transition program under IC 11-10-11.7, or a community
corrections program under IC 11-12.
For purposes of this subdivision, assignment of a person
committed to the department of correction to a program
described in this subdivision shall be treated as the
assignment of a person under the supervision of a
governmental entity.
(18) Design of a highway (as defined in IC 9-13-2-73) if the
claimed loss occurs at least twenty (20) years after the public
highway was designed or substantially redesigned; except that
this subdivision shall not be construed to relieve a responsible
governmental entity from the continuing duty to provide and
maintain public highways in a reasonably safe condition.
(19) Development, adoption, implementation, operation,
maintenance, or use of an enhanced emergency communication
system.
(20) Injury to a student or a student's property by an employee of
a school corporation if the employee is acting reasonably under a
discipline policy adopted under IC 20-8.1-5.1-7(b).
(21) An error resulting from or caused by a failure to recognize
the year 1999, 2000, or a subsequent year, including an incorrect
date or incorrect mechanical or electronic interpretation of a date,
that is produced, calculated, or generated by:
(A) a computer;
(B) an information system; or
(C) equipment using microchips;
that is owned or operated by a governmental entity. However, this
subdivision does not apply to acts or omissions amounting to
gross negligence, willful or wanton misconduct, or intentional
misconduct. For purposes of this subdivision, evidence of gross
negligence may be established by a party by showing failure of a
governmental entity to undertake an effort to review, analyze,
remediate, and test its electronic information systems or by
showing failure of a governmental entity to abate, upon notice, an
electronic information system error that caused damage or loss.
However, this subdivision expires June 30, 2003.
(22) An act or omission performed in good faith under the
apparent authority of a court order described in IC 35-46-1-15.1
that is invalid, including an arrest or imprisonment related to the
enforcement of the court order, if the governmental entity or
employee would not have been liable had the court order been
valid.
SOURCE: IC 35-38-1-24; (03)MO100134.153. -->
SECTION 153. IC 35-38-1-24, AS AMENDED BY P.L.90-2000,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 24. (a) This section applies to a person if:
(1) the most serious offense for which the person is committed is
a Class C or Class D felony; and
(2) the person is not a nonviolent offender (as defined in
IC 11-8-1-8.7).
(b) Not later than forty-five (45) days after receiving a notice under
IC 11-10-11.5-2, the sentencing court may order the department of
correction to retain control over a person until the person completes the
person's fixed term of imprisonment, less the credit time the person has
earned with respect to the term, if the court makes specific findings that
support a determination:
(1) that placement of the person in a community transition
program:
(A) places the person in danger of serious bodily injury or
death; or
(B) represents a substantial threat to the safety of others; or
(2) of other good cause.
If the court issues an order under this section, the department of
correction may not assign a person to a community transition program.
(c) The court may make a determination under this section without
a hearing. The court shall consider any written statement presented to
the court by a victim of the offender's crime or by an offender under
IC 11-10-11.5-4.5. The court in its discretion may consider statements
submitted by a victim after the time allowed for the submission of
statements under IC 11-10-11.5-4.5.
(d) The court shall make written findings for a determination under
this section, whether or not a hearing was held.
(e) Not later than five (5) days after making a determination under
this section, the court shall send a copy of the order to the:
(1) prosecuting attorney where the person's case originated; and
(2) department of correction.
SOURCE: IC 35-38-1-24.5; (03)MO100134.154. -->
SECTION 154. IC 35-38-1-24.5, IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]:
Sec. 24.5. (a) This section applies to a
person if the person is:
(1) committed to the department for any felony; and
(2) a nonviolent offender (as defined in IC 11-8-1-8.7).
(b) Not later than forty-five (45) days after receiving a notice
under IC 11-10-11.5-2 or IC 11-10-11.7-5, the sentencing court may
order the department of correction to retain control over a person
until the person completes the person's fixed term of
imprisonment, less the credit time the person has earned with
respect to the term, if the court makes specific findings that
support a determination that placement of the person in a
nonprofit or faith based community transition program under
IC 11-10-11.7 or a community transition program under
IC 11-10-11.5:
(1) places the person in serious danger of serious bodily injury
or death; or
(2) represents a substantial threat to the safety of others
because one (1) or more of the crimes for which the person is
committed occurred under circumstances that suggest a high
probability that the person will harm another person upon the
person's placement in a minimum security assignment.
If the court issues an order under this section, the department of
correction may not assign a person to a nonprofit or faith based
community transition program under IC 11-10-11.7 or a
community transition program under IC 11-10-11.5. However, an
adverse order under this section prohibiting placement of a person
in a nonprofit or faith based community transition program under
IC 11-10-11.7 before the person is eligible for placement in a
community transition program under IC 11-10-11.5 does not
prohibit placement under IC 11-10-11.5 when the person becomes
eligible for that program.
(c) The court may make a determination under this section
without a hearing. The court shall consider any written statement
presented to the court by a victim of the offender's crime or by an
offender under IC 11-10-11.5-4.5 or IC 11-10-11.7-6. The court
may consider statements submitted by a victim after the time
allowed for the submission of statements under IC 11-10-11.5-4.5
or IC 11-10-11.7-6.
(d) The court shall make written findings for a determination
under this section, whether or not a hearing is held.
(e) Not later than five (5) days after making a determination
under this section, the court shall send a copy of the order to the:
(1) prosecuting attorney where the person's case originated;
and
(2) department of correction.
SOURCE: IC 35-38-1-25; (03)MO100134.155. -->
SECTION 155. IC 35-38-1-25, AS AMENDED BY P.L.90-2000,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 25. (a) This section applies to a person if:
(1) the most serious offense for which the person is committed is
a Class A or Class B felony; and
(2) the person is not a nonviolent offender (as defined in
IC 11-8-1-8.7).
(b) A sentencing court may sentence a person or modify the
sentence of a person to assign the person to a community transition
program for any period that begins after the person's community
transition program commencement date (as defined in IC 11-8-1-5.6)
and ends when the person completes the person's fixed term of
imprisonment, less the credit time the person has earned with respect
to the term, if the court makes specific findings of fact that support a
determination that it is in the best interests of justice to make the
assignment. The order may include any other condition that the court
could impose if the court had placed the person on probation under
IC 35-38-2 or in a community corrections program under IC 35-38-2.6.
(c) The court may make a determination under this section without
a hearing. The court shall consider any written statement presented to
the court by a victim of the offender's crime or by an offender under
IC 11-10-11.5-4.5. The court in its discretion may consider statements
submitted by a victim after the time allowed for the submission of
statements under IC 11-10-11.5-4.5.
(d) The court shall make written findings for a determination under
this section, whether or not a hearing was held.
(e) Not later than five (5) days after making a determination under
this section, the court shall send a copy of the order to the:
(1) prosecuting attorney where the person's case originated; and
(2) department of correction.".
SOURCE: Page 151, line 7; (03)MO100134.151. -->
Page 151, between lines 7 and 8, begin a new paragraph and insert:
SOURCE: ; (03)MO100134.121. -->
"SECTION 121. [EFFECTIVE JULY 1, 2003]
(a) The definitions
in IC 11-8 apply throughout this SECTION.
(b) Notwithstanding IC 11, as amended by this act, the
amendments made by this act to IC 11-8-1-5.5 and IC 11-10-11.5-1
do not authorize the placement of an offender in a community
transition program until after the notices required under
IC 11-10-11.5-2 have been made and at least forty-five (45) days
have elapsed after the making of the notice.".
Renumber all SECTIONS consecutively.
(Reference is to EHB 1001 as printed April 1, 2003.)
________________________________________
MO100134/DI 105 2003