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.)

________________________________________

Senator BREAUX


MO100134/DI 105     2003