SB 12-1_ Filed 03/09/2006, 16:58
CONFERENCE COMMITTEE REPORT
DIGEST FOR ESB 12
Citations Affected: IC 5-2-6; IC 5-2-12; IC 10-13; IC 11-8; IC 11-13-6-5.5; IC 31-19-11-1;
IC 31-30-1-2.5; IC 31-37-19-5; IC 31-37-19-9; IC 35-38; IC 35-41-4-2; IC 35-42-4-10;
IC 35-42-4-11; IC 35-43-1-2; IC 35-44-3-13; IC 35-49-3-3; IC 35-50-6-1; IC 35-50-6-5;
IC 36-2-13-5.5.
Synopsis: Sex offenders. Conference committee report for ESB 12. Transfers oversight of the
sex offender registry from the criminal justice institute to the department of correction (DOC).
Eliminates the sex and violent offender directory, transfers its functions to the sex offender
registry, and requires the criminal justice institute to seek grants to support the sex offender
registry. Removes a provision requiring a sex offender to register using a "registration form" and
requires the DOC to establish a format for registration. Requires the DOC to transmit information
concerning sex offenders to a neighborhood association or to provide instructional material in the
use of the sex offender registry. Requires the DOC to inform and train judges, prosecuting
attorneys, law enforcement officials, and others in the sex offender registration procedure.
Requires that the sex offender registry be updated daily and be available on the Internet, requires
incarcerated sex offenders to register before being released, and shortens certain registration
periods. Establishes a procedure for determining which out of state sex offenders residing in
Indiana are required to register and how long they are required to register. Permits the DOC to
reduce good time credit for a sex offender who does not participate in a sex offender treatment
program or who does not register before being released from incarceration. Specifies that a sex
offender's principal residence is the residence where the offender spends the most time. Imposes
additional registration and notification requirements on sex offenders, including a requirement
that a sexually violent predator notify law enforcement officials if the predator will be absent from
the predator's principal residence for more than 72 hours. Requires a sexually violent predator to
initially register not more than 72 hours after release from incarceration or supervision, and
requires all sex offenders to register in person at least once per year. Requires a sex offender to
possess a valid driver's license or state identification card. Requires a sex offender who
temporarily resides in transitional housing to register once every seven days, and requires a local
law enforcement authority to personally visit the listed address of a sex offender. Provides various
penalties for violations of these provisions. Makes conforming amendments. Repeals certain
provisions concerning the criminal justice institute's duties with respect to sex offenders. Expands
the definition of a "sexually violent predator" to include persons who commit certain offenses and
persons who commit an offense for which they must register as a sex offender who have a prior
conviction for an offense for which they would be required to register as a sex offender. Prohibits
a sexually violent predator from working or volunteering on school property, at a public park or
youth program center, or at an amusement attractive to children. Prohibits certain sex offenders
from residing within: (1) 1,000 feet of a school, public park, or youth program center; or (2) one
mile of the victim's residence. Provides that the DNA exception to the statute of limitations for
Class B, C, and D felonies applies when DNA analysis provides evidence sufficient to charge a
person with an offense. (Currently the DNA exception applies when DNA analysis permits the
discovery of the offender's identity.) Requires certain persons not committed to the department
of correction to submit a DNA sample. Adds crimes committed in other states that are
substantially similar to certain Indiana sex crimes to the list of underlying offenses that permit a
person to be charged as a repeat sexual offender. Permits a court or the parole board to prohibit
a probationer or parolee who has been convicted of stalking from residing within 1,000 feet of
the home of the victim. Provides various penalties for violations of these provisions. Provides that
a sexually violent predator who commits an offense after June 30, 2006, must be placed on
lifetime parole when the person's term of imprisonment is completed. Provides that a person who
violates a condition of lifetime parole after the person's lifetime parole has been revoked two or
more times or after completing the person's sentence (including any credit time) commits a Class
D felony if the violation involves contact with a child or a victim of the child molesting offense
of which the person was convicted, and a Class C felony if the person has a prior unrelated
lifetime parole violation conviction. Specifies that a sexually violent predator in another state
whose parole is transferred to Indiana may also required to be placed on lifetime parole. Provides
that, if a person being supervised on lifetime parole is also required to be supervised by a
probation department or similar agency, the probation department or similar agency may have
sole supervision of the person if the parole board finds that supervision by the probation
department or other agency will be at least as stringent and effective as supervision by the parole
board. Prohibits a sexually violent predator from obtaining a waiver for certain residency
restrictions imposed as part of probation or parole, and requires the department of correction to
report to the budget committee before August 1, 2006, concerning the feasibility of recovering
the expense of GPS monitoring from an offender. Requires a sexually violent predator placed on
lifetime parole to wear a GPS monitoring device. Requires the department of correction to report
annually to the legislative council concerning the department's implementation of lifetime parole
and GPS monitoring of sex offenders, including information concerning costs, recidivism, and
proposals to reduce cost or increase efficiency. Requires the sentencing policy study committee
to study issues related to sex offenders, including: (1) lifetime parole; (2) GPS monitoring; (2)
a classification system for sex offenders; (4) recidivism; and (5) treatment. Authorizes the
governor to appoint a board certified psychologist or psychiatrist with expertise in treating sex
offenders as a nonvoting advisor to the sentencing policy study committee. Makes certain other
changes and conforming amendments. Makes it a Class D felony to rent matter that is harmful
to a minor within 500 feet of a school or church. (This conference committee report does the
following: Removes certain provisions relating to local coordinating councils and the
commission for a drug free Indiana. Expands the definition of a "sexually violent predator"
to include persons at least 18 years of age who commit certain offenses, and persons (of any
age) who commit an offense for which they must register as a sex offender and who have
a prior conviction for an offense for which they would be required to register as a sex
offender. Permits a sexually violent predator to petition to have the sexually violent
predator designation removed after ten years, and specifies that certain conditions of
parole only apply to crimes committed after June 30, 2006. Prohibits certain sex offenders
from residing within: (1) 1000 feet of a school, public park, or youth program center; or
(2) one mile of the victim's residence, or working or volunteering on school property or at
a public park or youth program center or at an amusement attractive to children. Provides
that a sexually violent predator who commits an offense after June 30, 2006, must be placed
on lifetime parole when the person's term of imprisonment is completed. Provides that a
person who violates a condition of lifetime parole after the person's lifetime parole has been
revoked two or more times or after completing the person's sentence (including any credit
time) commits a Class D felony if the violation involves contact with a child or a victim of
the child molesting offense of which the person was convicted, and a Class C felony if the
person has a prior unrelated lifetime parole violation conviction. Specifies that a sexually
violent predator in another state whose parole is transferred to Indiana may also required
to be placed on lifetime parole. Provides that, if a person being supervised on lifetime
parole is also required to be supervised by a probation department or similar agency, the
probation department or similar agency may have sole supervision of the person if the
parole board finds that supervision by the probation department or other agency will be
at least as stringent and effective as supervision by the parole board. Prohibits a sexually
violent predator from obtaining a waiver for certain residency restrictions imposed as part
of probation or parole, and requires the department of correction to report to the budget
committee before August 1, 2006, concerning the feasibility of recovering the expense of
GPS monitoring from an offender. Requires a sexually violent predator placed on lifetime
parole to wear a GPS monitoring device. Requires the department of correction to report
annually to the legislative council concerning the department's implementation of lifetime
parole and GPS monitoring of sex offenders, including information concerning costs,
recidivism, and proposals to reduce cost or increase efficiency. Requires the sentencing
policy study committee to study issues related to sex offenders, including: (1) lifetime
parole; (2) GPS monitoring; (2) a classification system for sex offenders; (4) recidivism;
and (5) treatment. Authorizes the governor to appoint a board certified psychologist or
psychiatrist with expertise in treating sex offenders as a nonvoting advisor to the
sentencing policy study committee. Makes it a Class D felony to rent matter that is harmful
to a minor within 500 feet of a school or church.)
Effective: Upon passage; July 1, 2006.
CONFERENCE COMMITTEE REPORT
MADAM PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed House Amendments to Engrossed Senate Bill No. 12 respectfully reports that
said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 5-2-6-1; (06)CC001204.1.1. -->
SECTION 1. IC 5-2-6-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. As used in this chapter:
"Criminal justice" includes activities concerning:
(1) the prevention or reduction of criminal offenses;
(2) the enforcement of criminal law;
(3) the apprehension, prosecution, and defense of persons accused
of crimes;
(4) the disposition of convicted persons, including corrections,
rehabilitation, probation, and parole; and
(5) the participation of members of the community in corrections.
"Entitlement jurisdictions" include the state and certain local
governmental units as defined in Section 402(a) of the Omnibus Act.
"Institute" means the Indiana criminal justice institute.
"Juvenile justice" includes activities concerning:
(1) the prevention or reduction of juvenile delinquency;
(2) the apprehension and adjudication of juvenile offenders;
(3) the disposition of juvenile offenders including protective
techniques and practices;
(4) the prevention of child abuse and neglect; and
(5) the discovery, protection, and disposition of children in need of
services.
"Juvenile Justice Act" means the Juvenile Justice and Delinquency
Prevention Act of 1974 and any amendments made to that act.
"Local governmental entities" include:
(1) trial courts; and
(2) political subdivisions (as defined in IC 36-1-2-13).
"Offender" has the meaning set forth in IC 5-2-12-4.
"Omnibus Act" means the Omnibus Crime Control and Safe Streets
Act of 1968 and any amendments made to that act.
"Trustees" refers to the board of trustees of the institute.
SOURCE: IC 5-2-6-3; (06)CC001204.1.2. -->
SECTION 2. IC 5-2-6-3, AS AMENDED BY P.L.192-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 3. The institute is established to do the following:
(1) Evaluate state and local programs associated with:
(A) the prevention, detection, and solution of criminal offenses;
(B) law enforcement; and
(C) the administration of criminal and juvenile justice.
(2) Improve and coordinate all aspects of law enforcement, juvenile
justice, and criminal justice in this state.
(3) Stimulate criminal and juvenile justice research.
(4) Develop new methods for the prevention and reduction of crime.
(5) Prepare applications for funds under the Omnibus Act and the
Juvenile Justice Act.
(6) Administer victim and witness assistance funds.
(7) Administer the traffic safety functions assigned to the institute
under IC 9-27-2.
(8) Compile and analyze information and disseminate the
information to persons who make criminal justice decisions in this
state.
(9) Serve as the criminal justice statistical analysis center for this
state.
(10) Establish and maintain, in cooperation with the office of the
secretary of family and social services, a sex and violent offender
directory.
(10) Identify grants and other funds that can be used by the
department of correction to carry out its responsibilities
concerning sex offender registration under IC 11-8-8.
(11) Administer the application and approval process for
designating an area of a consolidated or second class city as a
public safety improvement area under IC 36-8-19.5.
(12) Prescribe or approve forms as required under IC 5-2-12.
(13) Provide judges, law enforcement officers, prosecuting
attorneys, parole officers, and probation officers with information
and training concerning the requirements in IC 5-2-12 and the use
of the sex and violent offender directory.
(14) (12) Develop and maintain a meth watch program to inform
retailers and the public about illicit methamphetamine production,
distribution, and use in Indiana.
SOURCE: IC 5-2-6-14; (06)CC001204.1.3. -->
SECTION 3. IC 5-2-6-14, AS AMENDED BY P.L.64-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 14. (a) The victim and witness assistance fund is
established. The institute shall administer the fund. Except as provided
in subsection (e), expenditures from the fund may be made only in
accordance with appropriations made by the general assembly.
(b) The source of the victim and witness assistance fund is the family
violence and victim assistance fund established by IC 12-18-5-2.
(c) The institute may use money from the victim and witness
assistance fund when awarding a grant or entering into a contract under
this chapter, if the money is used for the support of a program in the
office of a prosecuting attorney or in a state or local law enforcement
agency designed to:
(1) help evaluate the physical, emotional, and personal needs of a
victim resulting from a crime, and counsel or refer the victim to
those agencies or persons in the community that can provide the
services needed;
(2) provide transportation for victims and witnesses of crime to
attend proceedings in the case when necessary; or
(3) provide other services to victims or witnesses of crime when
necessary to enable them to participate in criminal proceedings
without undue hardship or trauma.
(d) Money in the victim and witness assistance fund at the end of a
particular fiscal year does not revert to the general fund.
(e) The institute may use money in the fund to:
(1) pay the costs of administering the fund, including expenditures
for personnel and data;
(2) establish and maintain support the Indiana sex and violent
offender directory registry under IC 5-2-12; IC 11-8-8;
(3) provide training for persons to assist victims; and
(4) establish and maintain a victim notification system under
IC 11-8-7 if the department of correction establishes the system.
SOURCE: IC 10-13-3-5; (06)CC001204.1.4. -->
SECTION 4. IC 10-13-3-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. (a) As used in this
chapter, "criminal history data" means information collected by criminal
justice agencies, the United States Department of Justice for the
department's information system, or individuals.
(b) The term consists of the following:
(1) Identifiable descriptions and notations of arrests, indictments,
informations, or other formal criminal charges.
(2) Information regarding a sex and violent offender (as defined in
IC 5-2-12-4) IC 11-8-8-5) obtained through sex and violent
offender registration under IC 5-2-12. IC 11-8-8.
(3) Any disposition, including sentencing, and correctional system
intake, transfer, and release.
SOURCE: IC 10-13-3-27; (06)CC001204.1.5. -->
SECTION 5. IC 10-13-3-27, AS AMENDED BY P.L.234-2005
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 27. (a) Except as provided in subsection (b), on
request,
a law enforcement
agencies agency shall release
or allow
inspection of a limited criminal history to or allow inspection of a
limited criminal history by noncriminal justice organizations or
individuals only if the subject of the request:
(1) has applied for employment with a noncriminal justice
organization or individual;
(2) has applied for a license and has provided criminal history data
as required by law to be provided in connection with the license;
(3) is a candidate for public office or a public official;
(4) is in the process of being apprehended by a law enforcement
agency;
(5) is placed under arrest for the alleged commission of a crime;
(6) has charged that the subject's rights have been abused
repeatedly by criminal justice agencies;
(7) is the subject of a judicial decision or determination with respect
to the setting of bond, plea bargaining, sentencing, or probation;
(8) has volunteered services that involve contact with, care of, or
supervision over a child who is being placed, matched, or monitored
by a social services agency or a nonprofit corporation;
(9) is currently residing in a location designated by the department
of child services (established by IC 31-33-1.5-2) or by a juvenile
court as the out-of-home placement for a child at the time the child
will reside in the location;
(10) has volunteered services at a public school (as defined in
IC 20-18-2-15) or nonpublic school (as defined in IC 20-18-2-12)
that involve contact with, care of, or supervision over a student
enrolled in the school;
(11) is being investigated for welfare fraud by an investigator of the
division of family resources or a county office of family and
children;
(12) is being sought by the parent locator service of the child
support bureau of the division of family and children;
(13) is or was required to register as a sex and violent offender
under IC 5-2-12; IC 11-8-8; or
(14) has been convicted of any of the following:
(A) Rape (IC 35-42-4-1), if the victim is less than eighteen (18)
years of age.
(B) Criminal deviate conduct (IC 35-42-4-2), if the victim is less
than eighteen (18) years of age.
(C) Child molesting (IC 35-42-4-3).
(D) Child exploitation (IC 35-42-4-4(b)).
(E) Possession of child pornography (IC 35-42-4-4(c)).
(F) Vicarious sexual gratification (IC 35-42-4-5).
(G) Child solicitation (IC 35-42-4-6).
(H) Child seduction (IC 35-42-4-7).
(I) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
(J) Incest (IC 35-46-1-3), if the victim is less than eighteen (18)
years of age.
However, limited criminal history information obtained from the
National Crime Information Center may not be released under this
section except to the extent permitted by the Attorney General of the
United States.
(b) A law enforcement agency shall allow inspection of a limited
criminal history by and release a limited criminal history to the
following noncriminal justice organizations:
(1) Federally chartered or insured banking institutions.
(2) Officials of state and local government for any of the following
purposes:
(A) Employment with a state or local governmental entity.
(B) Licensing.
(3) Segments of the securities industry identified under 15 U.S.C.
78q(f)(2).
(c) Any person who uses limited criminal history for any purpose not
specified under this section commits a Class A misdemeanor.
SOURCE: IC 10-13-3-30; (06)CC001204.1.6. -->
SECTION 6. IC 10-13-3-30 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 30. (a) Except as
provided in subsection (c), on request for release or inspection of a
limited criminal history, law enforcement agencies may, if the agency
has complied with the reporting requirements in section 24 of this
chapter, and the department shall do the following:
(1) Require a form, provided by law enforcement agencies and the
department, to be completed. The form shall be maintained for two
(2) years and shall be available to the record subject upon request.
(2) Collect a three dollar ($3) fee to defray the cost of processing
a request for inspection.
(3) Collect a seven dollar ($7) fee to defray the cost of processing
a request for release. However, law enforcement agencies and the
department may not charge the fee for requests received from the
parent locator service of the child support bureau of the division of
family and children.
(b) Law enforcement agencies and the department shall edit
information so that the only information released or inspected is
information that:
(1) has been requested; and
(2) is limited criminal history information.
(c) The fee required under subsection (a) shall be waived if the
request relates to the Indiana sex and violent offender directory
registry under IC 5-2-6 IC 11-8-8 or concerns a person required to
register as a sex and violent offender under IC 5-2-12. IC 11-8-8.
SOURCE: IC 10-13-4-4; (06)CC001204.1.7. -->
SECTION 7. IC 10-13-4-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. As used in this
chapter, "juvenile history data" means information collected by criminal
or juvenile justice agencies or individuals about a child who is alleged
to have committed a reportable act and consists of the following:
(1) Descriptions and notations of events leading to the taking of the
child into custody by a juvenile justice agency for a reportable act
allegedly committed by the child.
(2) A petition alleging that the child is a delinquent child.
(3) Dispositional decrees concerning the child that are entered under
IC 31-37-19 (or IC 31-6-4-15.9 before its repeal).
(4) The findings of a court determined after a hearing is held under
IC 31-37-20-2 or IC 31-37-20-3 (or IC 31-6-4-19(h) or
IC 31-6-4-19(i) before their repeal) concerning the child.
(5) Information:
(A) regarding a child who has been adjudicated a delinquent child
for committing an act that would be an offense described in
IC 5-2-12-4 IC 11-8-8-5 if committed by an adult; and
(B) that is obtained through sex and violent offender registration
under IC 5-2-12. IC 11-8-8.
SOURCE: IC 10-13-6-10; (06)CC001204.1.8. -->
SECTION 8. IC 10-13-6-10, AS AMENDED BY P.L.142-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 10. (a) This section applies to the following:
(1) A person convicted of a felony under IC 35-42 (offenses against
the person) or IC 35-43-2-1 (burglary):
(A) after June 30, 1996, whether or not the person is sentenced
to a term of imprisonment; or
(B) before July 1, 1996, if the person is held in jail or prison on
or after July 1, 1996.
(2) A person convicted of a criminal law in effect before October
1, 1977, that penalized an act substantially similar to a felony
described in IC 35-42 or IC 35-43-2-1 or that would have been an
included offense of a felony described in IC 35-42 or IC 35-43-2-1
if the felony had been in effect:
(A) after June 30, 1998, whether or not the person is sentenced
to a term of imprisonment; or
(B) before July 1, 1998, if the person is held in jail or prison on
or after July 1, 1998.
(3) A person convicted of a felony, conspiracy to commit a felony,
or attempt to commit a felony:
(A) after June 30, 2005, whether or not the person is sentenced
to a term of imprisonment; or
(B) before July 1, 2005, if the person is held in jail or prison on
or after July 1, 2005.
(b) A person described in subsection (a) shall provide a DNA sample
to the:
(1) department of correction or the designee of the department of
correction if the offender is committed to the department of
correction;
or
(2) county sheriff or the designee of the county sheriff if the
offender is held in a county jail or other county penal facility,
placed in a community corrections program (as defined in
IC 35-38-2.6-2), or placed on probation;
or
(3) agency that supervises the person, or the agency's designee,
if the person is on conditional release in accordance with
IC 35-38-1-27.
A person is not required to submit a blood sample if doing so would
present a substantial and an unreasonable risk to the person's health.
(c) The detention, arrest, or conviction of a person based on a data
base match or data base information is not invalidated if a court
determines that the DNA sample was obtained or placed in the Indiana
DNA data base by mistake.
SOURCE: IC 10-13-6-11; (06)CC001204.1.9. -->
SECTION 9. IC 10-13-6-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 11. (a) The
superintendent may issue specific guidelines relating to procedures for
DNA sample collection and shipment within Indiana for DNA
identification testing.
(b) The superintendent shall issue specific guidelines related to
procedures for DNA sample collection and shipment by the:
(1) county sheriff or designee of the county sheriff under section
10(b)(2) of this chapter; or
(2) supervising agency or designee of the supervising agency
under section 10(b)(3) of this chapter.
The superintendent shall provide each county sheriff and supervising
agency with the guidelines issued under this subsection. A county
sheriff and supervising agency shall collect and ship DNA samples in
compliance with the guidelines issued under this subsection.
(c) The superintendent may delay the implementation of the collection
of DNA samples under section 10(b)(2) or 10(b)(3) of this chapter in
one (1) or more counties until the earlier of the following:
(1) A date set by the superintendent.
(2) The date funding becomes available by grant through the
criminal justice institute.
If the superintendent delays implementation of section 10(b)(2) or
10(b)(3) of this chapter or terminates a delay under section 10(b)(2) or
10(b)(3) of this chapter in any county, the superintendent shall notify
the county sheriff in writing of the superintendent's action.
SOURCE: IC 11-8-2-12; (06)CC001204.1.10. -->
SECTION 10. IC 11-8-2-12 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]:
Sec. 12. The department shall do the following:
(1) Maintain the Indiana sex offender registry established
under IC 36-2-13-5.5.
(2) Prescribe and approve a format for sex offender
registration as required by IC 11-8-8.
(3) Provide:
(A) judges;
(B) law enforcement officials;
(C) prosecuting attorneys;
(D) parole officers;
(E) probation officers; and
(F) community corrections officials;
with information and training concerning the requirements of
IC 11-8-8 and the use of the Indiana sex offender registry.
(4) Upon request of a neighborhood association:
(A) transmit to the neighborhood association information
concerning sex offenders who reside near the location of the
neighborhood association; or
(B) provide instructional materials concerning the use of the
Indiana sex offender registry to the neighborhood
association.
SOURCE: IC 11-8-2-13; (06)CC001204.1.11. -->
SECTION 11. IC 11-8-2-13 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 13. (a) The Indiana sex offender registry
established under IC 36-2-13-5.5 and maintained by the
department under section 12 of this chapter must include the
names of each offender who is or has been required to register
under IC 11-8-8.
(b) The department shall do the following:
(1) Ensure that the Indiana sex offender registry is updated at
least once per day with information provided by a local law
enforcement authority (as defined in IC 11-8-8-2).
(2) Publish the Indiana sex offender registry on the Internet
through the computer gateway administered by the office of
technology established by IC 4-13.1-2-1, and ensure that the
Indiana sex offender registry displays the following or similar
words:
"Based on information submitted to law enforcement, a
person whose name appears in this registry has been
convicted of a sex offense or has been adjudicated a
delinquent child for an act that would be a sex offense if
committed by an adult.".
SOURCE: IC 11-8-5-2; (06)CC001204.1.12. -->
SECTION 12. IC 11-8-5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. (a) The department
may, under IC 4-22-2, classify as confidential the following personal
information maintained on a person who has been committed to the
department or who has received correctional services from the
department:
(1) Medical, psychiatric, or psychological data or opinion which
might adversely affect that person's emotional well-being.
(2) Information relating to a pending investigation of alleged
criminal activity or other misconduct.
(3) Information which, if disclosed, might result in physical harm
to that person or other persons.
(4) Sources of information obtained only upon a promise of
confidentiality.
(5) Information required by law or promulgated rule to be
maintained as confidential.
(b) The department may deny the person about whom the information
pertains and other persons access to information classified as
confidential under subsection (a). However, confidential information
shall be disclosed:
(1) upon the order of a court;
(2) to employees of the department who need the information in the
performance of their lawful duties;
(3) to other agencies in accord with IC 4-1-6-2(m) and
IC 4-1-6-8.5;
(4) to the governor or the governor's designee;
(5) for research purposes in accord with IC 4-1-6-8.6(b);
(6) to the department of correction ombudsman bureau in accord
with IC 11-11-1.5; or
(7) if the commissioner determines there exists a compelling public
interest as defined in IC 4-1-6-1, for disclosure which overrides the
interest to be served by nondisclosure.
(c) The department shall disclose information classified as
confidential under subsection (a)(1) to a physician, psychiatrist, or
psychologist designated in writing by the person about whom the
information pertains.
(d) The department may disclose confidential information to the
following:
(1) A provider of sex offender management, treatment, or
programming.
(2) A provider of mental health services.
(3) Any other service provider working with the department to
assist in the successful return of an offender to the community
following the offender's release from incarceration.
(e) This subsection does not prohibit the department from
sharing information available on the Indiana sex offender registry
with another person.
SOURCE: IC 11-8-8; (06)CC001204.1.13. -->
SECTION 13. IC 11-8-8 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]:
Chapter 8. Sex Offender Registration
Sec. 1. As used in this chapter, "correctional facility" has the
meaning set forth in IC 4-13.5-1-1.
Sec. 2. As used in this chapter, "local law enforcement authority"
means the:
(1) chief of police of a consolidated city; or
(2) sheriff of a county that does not contain a consolidated city.
Sec. 3. As used in this chapter, "principal residence" means the
residence where a sex offender spends the most time. The term
includes a residence owned or leased by another person if the sex
offender:
(1) does not own or lease a residence; or
(2) spends more time at the residence owned or leased by the
other person than at the residence owned or leased by the sex
offender.
Sec. 4. As used in this chapter, "register" means to provide a
local law enforcement authority with the information required
under section 8 of this chapter.
Sec. 5. (a) As used in this chapter, "sex offender" means a person
convicted of any of the following offenses:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual misconduct with a minor as a Class A, Class B, or
Class C felony (IC 35-42-4-9).
(9) Incest (IC 35-46-1-3).
(10) Sexual battery (IC 35-42-4-8).
(11) Kidnapping (IC 35-42-3-2), if the victim is less than
eighteen (18) years of age.
(12) Criminal confinement (IC 35-42-3-3), if the victim is less
than eighteen (18) years of age.
(13) Possession of child pornography (IC 35-42-4-4(c)), if the
person has a prior unrelated conviction for possession of child
pornography (IC 35-42-4-4(c)).
(14) An attempt or conspiracy to commit a crime listed in
subdivisions (1) through (13).
(15) A crime under the laws of another jurisdiction, including
a military court, that is substantially equivalent to any of the
offenses listed in subdivisions (1) through (14).
(b) The term includes:
(1) a person who is required to register as a sex offender in any
jurisdiction; and
(2) a child who has committed a delinquent act and who:
(A) is at least fourteen (14) years of age;
(B) is on probation, is on parole, is discharged from a facility
by the department of correction, is discharged from a secure
private facility (as defined in IC 31-9-2-115), or is discharged
from a juvenile detention facility as a result of an
adjudication as a delinquent child for an act that would be an
offense described in subsection (a) if committed by an adult;
and
(C) is found by a court by clear and convincing evidence to
be likely to repeat an act that would be an offense described
in subsection (a) if committed by an adult.
Sec. 6. As used in this chapter, "sexually violent predator" has
the meaning set forth in IC 35-38-1-7.5.
Sec. 7. (a) Subject to section 19 of this chapter, the following
persons must register under this chapter:
(1) A sex offender who resides in Indiana. A sex offender
resides in Indiana if either of the following applies:
(A) The sex offender spends or intends to spend at least
seven (7) days (including part of a day) in Indiana during a
one hundred eighty (180) day period.
(B) The sex offender owns real property in Indiana and
returns to Indiana at any time.
(2) A sex offender who works or carries on a vocation or
intends to work or carry on a vocation full-time or part-time
for a period:
(A) exceeding fourteen (14) consecutive days; or
(B) for a total period exceeding thirty (30) days;
during any calendar year in Indiana, whether the sex offender
is financially compensated, volunteered, or is acting for the
purpose of government or educational benefit.
(3) A sex offender who is enrolled or intends to be enrolled on
a full-time or part-time basis in any public or private
educational institution, including any secondary school, trade,
or professional institution, or institution of higher education in
Indiana.
(b) Except as provided in subsection (e), a sex offender who
resides in Indiana shall register with the local law enforcement
authority in the county where the sex offender resides. If a sex
offender resides in more than one (1) county, the sex offender shall
register with the local law enforcement authority in each county in
which the sex offender resides. If the sex offender is also required
to register under subsection (a)(2) or (a)(3), the sex offender shall
also register with the local law enforcement authority in the county
in which the offender is required to register under subsection (c) or
(d).
(c) A sex offender described in subsection (a)(2) shall register
with the local law enforcement authority in the county where the
sex offender is or intends to be employed or carry on a vocation. If
a sex offender is or intends to be employed or carry on a vocation
in more than one (1) county, the sex offender shall register with the
local law enforcement authority in each county. If the sex offender
is also required to register under subsection (a)(1) or (a)(3), the sex
offender shall also register with the local law enforcement
authority in the county in which the offender is required to register
under subsection (b) or (d).
(d) A sex offender described in subsection (a)(3) shall register
with the local law enforcement authority in the county where the
sex offender is enrolled or intends to be enrolled as a student. If the
sex offender is also required to register under subsection (a)(1) or
(a)(2), the sex offender shall also register with the local law
enforcement authority in the county in which the offender is
required to register under subsection (b) or (c).
(e) A sex offender described in subsection (a)(1)(B) shall register
with the local law enforcement authority in the county in which the
real property is located. If the sex offender is also required to
register under subsection (a)(1)(A), (a)(2), or (a)(3), the sex
offender shall also register with the local law enforcement
authority in the county in which the offender is required to register
under subsection (b), (c), or (d).
(f) A sex offender committed to the department shall register
with the department before the sex offender is released from
incarceration. The department shall forward the sex offender's
registration information to the local law enforcement authority of
every county in which the sex offender is required to register.
(g) This subsection does not apply to a sex offender who is a
sexually violent predator. A sex offender not committed to the
department shall register not more than seven (7) days after the
sex offender:
(1) is released from a penal facility (as defined in
IC 35-41-1-21);
(2) is released from a secure private facility (as defined in
IC 31-9-2-115);
(3) is released from a juvenile detention facility;
(4) is transferred to a community transition program;
(5) is placed on parole;
(6) is placed on probation;
(7) is placed on home detention; or
(8) arrives at the place where the sex offender is required to
register under subsection (b), (c), or (d);
whichever occurs first. A sex offender required to register in more
than one (1) county under subsection (b), (c), (d), or (e) shall
register in each appropriate county not more than seventy-two (72)
hours after the sex offender's arrival in that county or acquisition
of real estate in that county.
(h) This subsection applies to a sex offender who is a sexually
violent predator. A sex offender who is a sexually violent predator
shall register not more than seventy-two (72) hours after the sex
offender:
(1) is released from a penal facility (as defined in
IC 35-41-1-21);
(2) is released from a secure private facility (as defined in
IC 31-9-2-115);
(3) is released from a juvenile detention facility;
(4) is transferred to a community transition program;
(5) is placed on parole;
(6) is placed on probation;
(7) is placed on home detention; or
(8) arrives at the place where the sexually violent predator is
required to register under subsection (b), (c), or (d);
whichever occurs first. A sex offender who is a sexually violent
predator required to register in more than one (1) county under
subsection (b), (c), (d), or (e) shall register in each appropriate
county not more than seventy-two (72) hours after the offender's
arrival in that county or acquisition of real estate in that county.
(i) The local law enforcement authority with whom a sex offender
registers under this section shall make and publish a photograph
of the sex offender on the Indiana sex offender registry web site
established under IC 36-2-13-5.5. The local law enforcement
authority shall make a photograph of the sex offender that
complies with the requirements of IC 36-2-13-5.5 at least once per
year. The sheriff of a county containing a consolidated city shall
provide the police chief of the consolidated city with all
photographic and computer equipment necessary to enable the
police chief of the consolidated city to transmit sex offender
photographs (and other identifying information required by
IC 36-2-13-5.5) to the Indiana sex offender registry web site
established under IC 36-2-13-5.5. In addition, the sheriff of a
county containing a consolidated city shall provide all funding for
the county's financial obligation for the establishment and
maintenance of the Indiana sex offender registry web site
established under IC 36-2-13-5.5.
(j) When a sex offender registers, the local law enforcement
authority shall:
(1) immediately update the Indiana sex offender registry web
site established under IC 36-2-13-5.5; and
(2) notify every law enforcement agency having jurisdiction in
the county where the sex offender resides.
The local law enforcement authority shall provide the department
and a law enforcement agency described in subdivision (2) with the
information provided by the sex offender during registration.
Sec. 8. The registration required under this chapter must include
the following information:
(1) The sex offender's full name, alias, any name by which the
sex offender was previously known, date of birth, sex, race,
height, weight, hair color, eye color, any scars, marks, or
tattoos, Social Security number, driver's license number or
state identification number, principal residence address, and
mailing address, if different from the sex offender's principal
residence address.
(2) A description of the offense for which the sex offender was
convicted, the date of conviction, the county of the conviction,
the cause number of the conviction, and the sentence imposed,
if applicable.
(3) If the person is required to register under section 7(a)(2) or
7(a)(3) of this chapter, the name and address of each of the sex
offender's employers in Indiana, the name and address of each
campus or location where the sex offender is enrolled in school
in Indiana, and the address where the sex offender stays or
intends to stay while in Indiana.
(4) A recent photograph of the sex offender.
(5) If the sex offender is a sexually violent predator, that the
sex offender is a sexually violent predator.
(6) If the sex offender is required to register for life, that the
sex offender is required to register for life.
(7) Any other information required by the department.
Sec. 9. (a) Not more than seven (7) days before an Indiana sex
offender who is required to register under this chapter is scheduled
to be released from a secure private facility (as defined in
IC 31-9-2-115), or released from a juvenile detention facility, an
official of the facility shall do the following:
(1) Orally inform the sex offender of the sex offender's duty to
register under this chapter and require the sex offender to sign
a written statement that the sex offender was orally informed
or, if the sex offender refuses to sign the statement, certify that
the sex offender was orally informed of the duty to register.
(2) Deliver a form advising the sex offender of the sex
offender's duty to register under this chapter and require the
sex offender to sign a written statement that the sex offender
received the written notice or, if the sex offender refuses to sign
the statement, certify that the sex offender was given the
written notice of the duty to register.
(3) Obtain the address where the sex offender expects to reside
after the sex offender's release.
(4) Transmit to the local law enforcement authority in the
county where the sex offender expects to reside the sex
offender's name, date of release or transfer, new address, and
the offense or delinquent act committed by the sex offender.
(b) Not more than seventy-two (72) hours after a sex offender
who is required to register under this chapter is released or
transferred as described in subsection (a), an official of the facility
shall transmit to the state police the following:
(1) The sex offender's fingerprints, photograph, and
identification factors.
(2) The address where the sex offender expects to reside after
the sex offender's release.
(3) The complete criminal history data (as defined in
IC 10-13-3-5) or, if the sex offender committed a delinquent
act, juvenile history data (as defined in IC 10-13-4-4) of the sex
offender.
(4) Information regarding the sex offender's past treatment for
mental disorders.
(5) Information as to whether the sex offender has been
determined to be a sexually violent predator.
(c) This subsection applies if a sex offender is placed on
probation or in a community corrections program without being
confined in a penal facility. The probation office serving the court
in which the sex offender is sentenced shall perform the duties
required under subsections (a) and (b).
Sec. 10. Notwithstanding any other law, upon receiving a sex
offender's fingerprints from a correctional facility, the state police
shall immediately send the fingerprints to the Federal Bureau of
Investigation.
Sec. 11. (a) If a sex offender who is required to register under
this chapter changes:
(1) principal residence address; or
(2) if section 7(a)(2) or 7(a)(3) of this chapter applies, the place
where the sex offender stays in Indiana;
the sex offender shall register not more than seventy-two (72)
hours after the address change with the local law enforcement
authority with whom the sex offender last registered.
(b) If a sex offender moves to a new county in Indiana, the local
law enforcement authority referred to in subsection (a) shall
inform the local law enforcement authority in the new county in
Indiana of the sex offender's residence and forward all relevant
registration information concerning the sex offender to the local
law enforcement authority in the new county. The local law
enforcement authority receiving notice under this subsection shall
verify the address of the sex offender under section 13 of this
chapter not more than seven (7) days after receiving the notice.
(c) If a sex offender who is required to register under section
7(a)(2) or 7(a)(3) of this chapter changes the sex offender's
principal place of employment, principal place of vocation, or
campus or location where the sex offender is enrolled in school, the
sex offender shall register not more than seventy-two (72) hours
after the change with the local law enforcement authority with
whom the sex offender last registered.
(d) If a sex offender moves the sex offender's place of
employment, vocation, or enrollment to a new county in Indiana,
the local law enforcement authority referred to in subsection (c)
shall inform the local law enforcement authority in the new county
of the sex offender's new principal place of employment, vocation,
or enrollment by forwarding relevant registration information to
the local law enforcement authority in the new county.
(e) If a sex offender moves the sex offender's residence, place of
employment, vocation, or enrollment to a new state, the local law
enforcement authority shall inform the state police in the new state
of the sex offender's new place of residence, employment, or
enrollment.
(f) A local law enforcement authority shall make registration
information, including information concerning the duty to register
and the penalty for failing to register, available to a sex offender.
(g) A local law enforcement authority who is notified of a change
under subsection (a) or (c) shall immediately update the Indiana
sex offender registry web site established under IC 36-2-13-5.5.
Sec. 12. (a) As used in this section, "temporary residence" means
a residence:
(1) that is established to provide transitional housing for a
person without another residence; and
(2) in which a person is not typically permitted to reside for
more than thirty (30) days in a sixty (60) day period.
(b) This section applies only to a sex offender who resides in a
temporary residence. In addition to the other requirements of this
chapter, a sex offender who resides in a temporary residence shall
register in person with the local law enforcement authority in
which the temporary residence is located:
(1) not more than seventy-two (72) hours after the sex offender
moves into the temporary residence; and
(2) during the period in which the sex offender resides in a
temporary residence, at least once every seven (7) days
following the sex offender's initial registration under
subdivision (1).
(c) A sex offender's obligation to register in person once every
seven (7) days terminates when the sex offender no longer resides
in the temporary residence. However, all other requirements
imposed on a sex offender by this chapter continue in force,
including the requirement that a sex offender register the sex
offender's new address with the local law enforcement authority.
Sec. 13. (a) To verify a sex offender's current residence, the local
law enforcement authority shall do the following:
(1) Mail a reply form to each sex offender in the county at the
sex offender's listed address at least one (1) time per year,
beginning seven (7) days after the local law enforcement
authority receives a notice under section 11 or 20 of this
chapter or the date the sex offender is:
(A) released from a penal facility (as defined in
IC 35-41-1-21), a secure private facility (as defined in
IC 31-9-2-115), or a juvenile detention facility;
(B) placed in a community transition program;
(C) placed in a community corrections program;
(D) placed on parole; or
(E) placed on probation;
whichever occurs first.
(2) Mail a reply form to each sex offender who is designated a
sexually violent predator under IC 35-38-1-7.5 at least once
every ninety (90) days, beginning seven (7) days after the local
law enforcement authority receives a notice under section 11
or 20 of this chapter or the date the sex offender is:
(A) released from a penal facility (as defined in
IC 35-41-1-21), a secure private facility (as defined in
IC 31-9-2-115), or a juvenile detention facility;
(B) placed in a community transition program;
(C) placed in a community corrections program;
(D) placed on parole; or
(E) placed on probation;
whichever occurs first.
(3) Personally visit each sex offender in the county at the sex
offender's listed address at least one (1) time per year,
beginning seven (7) days after the local law enforcement
authority receives a notice under section 7 of this chapter or
the date the sex offender is:
(A) released from a penal facility (as defined in
IC 35-41-1-21), a secure private facility (as defined in
IC 31-9-2-115), or a juvenile detention facility;
(B) placed in a community transition program;
(C) placed in a community corrections program;
(D) placed on parole; or
(E) placed on probation;
whichever occurs first.
(4) Personally visit each sex offender who is designated a
sexually violent predator under IC 35-38-1-7.5 at least once
every ninety (90) days, beginning seven (7) days after the local
law enforcement authority receives a notice under section 7 of
this chapter or the date the sex offender is:
(A) released from a penal facility (as defined in
IC 35-41-1-21), a secure private facility (as defined in
IC 31-9-2-115), or a juvenile detention facility;
(B) placed in a community transition program;
(C) placed in a community corrections program;
(D) placed on parole; or
(E) placed on probation;
whichever occurs first.
(b) If a sex offender fails to return a signed reply form either by
mail or in person, not later than fourteen (14) days after mailing,
or appears not to reside at the listed address, the local law
enforcement authority shall immediately notify the department and
the prosecuting attorney.
Sec. 14. At least once per calendar year, a sex offender who is
required to register under this chapter shall:
(1) report in person to the local law enforcement authority;
(2) register; and
(3) be photographed by the local law enforcement authority;
in each location where the offender is required to register.
Sec. 15. (a) A sex offender who is a resident of Indiana shall
obtain and keep in the sex offender's possession:
(1) a valid Indiana driver's license; or
(2) a valid Indiana identification card (as described in
IC 9-24-16).
(b) A sex offender required to register in Indiana who is not a
resident of Indiana shall obtain and keep in the sex offender's
possession:
(1) a valid driver's license issued by the state in which the sex
offender resides; or
(2) a valid state issued identification card issued by the state in
which the sex offender resides.
(c) A person who knowingly or intentionally violates this section
commits failure of a sex offender to possess identification, a Class
A misdemeanor. However, the offense is a Class D felony if the
person:
(1) is a sexually violent predator; or
(2) has a prior unrelated conviction:
(A) under this section; or
(B) based on the person's failure to comply with any
requirement imposed on an offender under this chapter.
(d) It is a defense to a prosecution under this section that:
(1) the person has been unable to obtain a valid driver's license
or state issued identification card because less than thirty (30)
days have passed since the person's release from incarceration;
or
(2) the person possesses a driver's license or state issued
identification card that expired not more than thirty (30) days
before the date the person violated subsection (a) or (b).
Sec. 16. (a) A sex offender who is required to register under this
chapter may not petition for a change of name under IC 34-28-2.
(b) If a sex offender who is required to register under this
chapter changes the sex offender's name due to marriage, the sex
offender must register with the local law enforcement authority not
more than seven (7) days after the name change.
Sec. 17. A sex offender who knowingly or intentionally:
(1) fails to register when required to register under this
chapter;
(2) fails to register in every location where the sex offender is
required to register under this chapter;
(3) makes a material misstatement or omission while
registering as a sex offender under this chapter; or
(4) fails to register in person and be photographed at least one
(1) time per year as required under this chapter;
commits a Class D felony. However, the offense is a Class C felony
if the sex offender has a prior unrelated conviction for an offense
under this section or based on the person's failure to comply with
any requirement imposed on a sex offender under this chapter.
Sec. 18. (a) A sexually violent predator who will be absent from
the sexually violent predator's principal residence for more than
seventy-two (72) hours shall inform the local law enforcement
authority, in person or in writing, of the following:
(1) That the sexually violent predator will be absent from the
sexually violent predator's principal residence for more than
seventy-two (72) hours.
(2) The location where the sexually violent predator will be
located during the absence from the sexually violent predator's
principal residence.
(3) The length of time the sexually violent predator will be
absent from the sexually violent predator's principal residence.
(b) A sexually violent predator who will spend more than
seventy-two (72) hours in a county in which the sexually violent
predator is not required to register shall inform the local law
enforcement authority in the county in which the sexually violent
predator is not required to register, in person or in writing, of the
following:
(1) That the sexually violent predator will spend more than
seventy-two (72) hours in the county.
(2) The location where the sexually violent predator will be
located while spending time in the county.
(3) The length of time the sexually violent predator will remain
in the county.
Upon request of the local law enforcement authority of the county
in which the sexually violent predator is not required to register,
the sexually violent predator shall provide the local law
enforcement authority with any additional information that will
assist the local law enforcement authority in determining the
sexually violent predator's whereabouts during the sexually violent
predator's stay in the county.
(c) A sexually violent predator who knowingly or intentionally
violates this section commits failure to notify, a Class A
misdemeanor. However, the offense is a Class D felony if the
person has a prior unrelated conviction under this section based on
the person's failure to comply with any requirement imposed on a
sex offender under this chapter.
Sec. 19. (a) Except as provided in subsections (b) through (e), a
sex offender is required to register under this chapter until the
expiration of ten (10) years after the date the sex offender:
(1) is released from a penal facility (as defined in
IC 35-41-1-21) or a secure juvenile detention facility of a state
or another jurisdiction;
(2) is placed in a community transition program;
(3) is placed in a community corrections program;
(4) is placed on parole; or
(5) is placed on probation;
whichever occurs last. The department shall ensure that an
offender who is no longer required to register as a sex offender is
notified that the obligation to register has expired.
(b) A sex offender who is a sexually violent predator is required
to register for life.
(c) A sex offender who is convicted of at least one (1) sex offense
that the sex offender committed:
(1) when the person was at least eighteen (18) years of age; and
(2) against a victim who was less than twelve (12) years of age
at the time of the crime;
is required to register for life.
(d) A sex offender who is convicted of at least one (1) sex offense
in which the sex offender:
(1) proximately caused serious bodily injury or death to the
victim;
(2) used force or the threat of force against the victim or a
member of the victim's family; or
(3) rendered the victim unconscious or otherwise incapable of
giving voluntary consent;
is required to register for life.
(e) A sex offender who is convicted of at least two (2) unrelated
sex offenses is required to register for life.
Sec. 20. (a) The governor may enter into a compact with one (1)
or more jurisdictions outside Indiana to exchange notifications
concerning the release, transfer, or change of address,
employment, vocation, or enrollment of a sex offender between
Indiana and the other jurisdiction or the other jurisdiction and
Indiana.
(b) The compact must provide for the designation of a state
agency to coordinate the transfer of information.
(c) If the state agency receives information that a sex offender
has relocated to Indiana to reside, engage in employment or a
vocation, or enroll in school, the state agency shall inform in
writing the local law enforcement authority where the sex offender
is required to register in Indiana of:
(1) the sex offender's name, date of relocation, and new
address; and
(2) the sex offense or delinquent act committed by the sex
offender.
(d) The state agency shall determine, following a hearing:
(1) whether a person convicted of an offense in another
jurisdiction is required to register as a sex offender in Indiana;
(2) whether an out of state sex offender is a sexually violent
predator; and
(3) the period in which an out of state sex offender who has
moved to Indiana will be required to register as a sex offender
in Indiana.
SOURCE: IC 11-13-3-3; (06)CC001204.1.14. -->
SECTION 14. IC 11-13-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) A person
sentenced under IC 35-50 shall be released on parole or discharged from
the person's term of imprisonment under IC 35-50 without a parole
release hearing.
(b) A person sentenced for an offense under laws other than IC 35-50
who is eligible for release on parole, or a person whose parole is
revoked and is eligible for reinstatement on parole under rules adopted
by the parole board shall, before the date of the person's parole
eligibility, be granted a parole release hearing to determine whether
parole will be granted or denied. The hearing shall be conducted by one
(1) or more of the parole board members. If one (1) or more of the
members conduct the hearing on behalf of the parole board, the final
decision shall be rendered by the full parole board based upon the
record of the proceeding and the hearing conductor's findings. Before
the hearing, the parole board shall order an investigation to include the
collection and consideration of:
(1) reports regarding the person's medical, psychological,
educational, vocational, employment, economic, and social
condition and history;
(2) official reports of the person's history of criminality;
(3) reports of earlier parole or probation experiences;
(4) reports concerning the person's present commitment that are
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) at least forty (40) days before a discharge, release, or hearing
occurs; and
(2) not later than twenty-four (24) hours after the escape of a
committed offender.
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), the board
shall order and consider a community investigation, which must 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) 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).
SOURCE: IC 11-13-3-4; (06)CC001204.1.15. -->
SECTION 15. IC 11-13-3-4, AS AMENDED BY SEA 246-2006,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 4. (a) A condition to remaining on parole is that
the parolee not commit a crime during the period of parole.
(b) The parole board may also adopt, under IC 4-22-2, additional
conditions to remaining on parole and require a parolee to satisfy one
(1) or more of these conditions. These conditions must be reasonably
related to the parolee's successful reintegration into the community and
not unduly restrictive of a fundamental right.
(c) If a person is released on parole the parolee shall be given a
written statement of the conditions of parole. Signed copies of this
statement shall be:
(1) retained by the parolee;
(2) forwarded to any person charged with the parolee's supervision;
and
(3) placed in the parolee's master file.
(d) The parole board may modify parole conditions if the parolee
receives notice of that action and had ten (10) days after receipt of the
notice to express the parolee's views on the proposed modification. This
subsection does not apply to modification of parole conditions after a
revocation proceeding under section 10 of this chapter.
(e) As a condition of parole, the parole board may require the parolee
to reside in a particular parole area. In determining a parolee's residence
requirement, the parole board shall:
(1) consider:
(A) the residence of the parolee prior to the parolee's
incarceration; and
(B) the parolee's place of employment; and
(2) assign the parolee to reside in the county where the parolee
resided prior to the parolee's incarceration unless assignment on
this basis would be detrimental to the parolee's successful
reintegration into the community.
(f) As a condition of parole, the parole board may require the parolee
to:
(1) periodically undergo a laboratory chemical test (as defined in
IC 14-15-8-1) or series of tests to detect and confirm the presence
of a controlled substance (as defined in IC 35-48-1-9); and
(2) have the results of any test under this subsection reported to the
parole board by the laboratory.
The parolee is responsible for any charges resulting from a test required
under this subsection. However, a person's parole may not be revoked
on the basis of the person's inability to pay for a test under this
subsection.
(g) As a condition of parole, the parole board:
(1) may require a parolee who is a sex and violent offender (as
defined in IC 5-2-12-4 IC 11-8-8-5) to:
(A) participate in a treatment program for sex offenders approved
by the parole board; and
(B) avoid contact with any person who is less than sixteen (16)
years of age unless the parolee:
(i) receives the parole board's approval; or
(ii) successfully completes the treatment program referred to in
clause (A); and
(2) shall:
(A) require a parolee who is an a sex offender (as defined in
IC 5-2-12-4 IC 11-8-8-5) to register with a sheriff (or the police
chief of a consolidated city) local law enforcement authority
under IC 5-2-12-5 IC 11-8-8;
(B) prohibit the sex offender from residing within one thousand
(1,000) feet of school property (as defined in IC 35-41-1-24.7)
for the period of parole, unless the sex offender obtains written
approval from the parole board; and
(C) prohibit a parolee who is an a sex offender convicted of a sex
offense (as defined in IC 35-38-2-2.5) from residing within one
(1) mile of the victim of the sex offender's sex offense unless the
sex offender obtains a waiver under IC 35-38-2-2.5; and
(D) prohibit a parolee from owning, operating, managing,
being employed by, or volunteering at any attraction
designed to be primarily enjoyed by children less than
sixteen (16) years of age.
The parole board may not grant a sexually violent predator (as
defined in IC 35-38-1-7.5) a waiver under subdivision (2)(B) or
(2)(C). If the parole board allows the sex offender to reside within
one thousand (1,000) feet of school property under subdivision
(2)(B), the parole board shall notify each school within one
thousand (1,000) feet of the sex offender's residence of the order.
(h) The address of the victim of a parolee who is an a sex offender
convicted of a sex offense (as defined in IC 35-38-2-2.5) is confidential,
even if the sex offender obtains a waiver under IC 35-38-2-2.5.
(i) As a condition of parole, the parole board:
(1) shall require a parolee who is a sexually violent predator
under IC 35-38-1-7.5; and
(2) may require a parolee who is a sex offender (as defined in
IC 11-8-8-5);
to wear a monitoring device (as described in IC 35-38-2.5-3) that
can transmit information twenty-four (24) hours each day
regarding a person's precise location.
(j) As a condition of parole, the parole board may prohibit, in
accordance with IC 35-38-2-2.6, a parolee who has been convicted
of stalking from residing within one thousand (1,000) feet of the
residence of the victim of the stalking for a period that does not
exceed five (5) years.
SOURCE: IC 11-13-6-5.5; (06)CC001204.1.16. -->
SECTION 16. IC 11-13-6-5.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5.5. (a) This section
shall not be construed to limit victim's victims' rights granted by
IC 35-40 or any other law.
(b) As used in this section, "sex offense" refers to a sex offense
described in IC 5-2-12-4(1). IC 11-8-8-5.
(c) As used in this section, "victim" means a person who has suffered
direct harm as a result of a delinquent act that would be a sex offense
if the delinquent offender were an adult. The term includes a victim's
representative appointed under IC 35-40-13.
(d) Unless a victim has requested in writing not to be notified, the
department shall notify the victim involved in the adjudication of a
delinquent offender committed to the department for a sex offense of
the delinquent offender's:
(1) discharge from the department of correction;
(2) release from the department of correction under any temporary
release program administered by the department;
(3) release on parole;
(4) parole release hearing under this chapter;
(5) parole violation hearing under this chapter; or
(6) escape from commitment to the department of correction.
(e) The department shall make the notification required under
subsection (d):
(1) at least forty (40) days before a discharge, release, or hearing
occurs; and
(2) not later than twenty-four (24) hours after the escape of a
delinquent offender from commitment to the department of
correction.
The department shall supply the information to a victim at the address
supplied to the department by the victim. A victim is responsible for
supplying the department with any change of address or telephone
number of the victim.
(f) The probation officer or caseworker preparing the predispositional
report under IC 31-37-17 shall inform the victim before the
predispositional report is prepared of the right of the victim to receive
notification from the department under subsection (d). The probation
department or county office of family and children shall forward the
most recent list of the addresses or telephone numbers, or both, of
victims to the department. The probation department or county office
of family and children shall supply the department with the information
required by this section as soon as possible but not later than five (5)
days after the receipt of the information. A victim is responsible for
supplying the department with the correct address and telephone
number of the victim.
(g) Notwithstanding IC 11-8-5-2 and IC 4-1-6, a delinquent offender
may not have access to the name and address of a victim. Upon the
filing of a motion by a person requesting or objecting to the release of
victim information or representative information, or both, that is
retained by the department, the court shall review in camera the
information that is the subject of the motion before ruling on the
motion.
(h) The notice required under subsection (d) must specify whether the
delinquent offender is being discharged, is being released under a
temporary release program administered by the department, is being
released on 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 delinquent offender.
(2) The date of the delinquent act.
(3) The date of the adjudication as a delinquent offender.
(4) The delinquent act of which the delinquent offender was
adjudicated.
(5) The disposition imposed.
(6) The amount of time for which the delinquent offender was
committed to the department.
(7) The date and location of the interview (if applicable).
SOURCE: IC 31-19-11-1; (06)CC001204.1.17. -->
SECTION 17. IC 31-19-11-1, AS AMENDED BY P.L.129-2005,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 1. (a) Whenever the court has heard the evidence
and finds that:
(1) the adoption requested is in the best interest of the child;
(2) the petitioner or petitioners for adoption are of sufficient ability
to rear the child and furnish suitable support and education;
(3) the report of the investigation and recommendation under
IC 31-19-8-5 has been filed;
(4) the attorney or agency arranging an adoption has filed with the
court an affidavit prepared by the state department of health under
IC 31-19-5-16 indicating whether a man is entitled to notice of the
adoption because the man has registered with the putative father
registry in accordance with IC 31-19-5;
(5) proper notice arising under subdivision (4), if notice is
necessary, of the adoption has been given;
(6) the attorney or agency has filed with the court an affidavit
prepared by the state department of health under:
(A) IC 31-19-6 indicating whether a record of a paternity
determination; or
(B) IC 16-37-2-2(g) indicating whether a paternity affidavit
executed under IC 16-37-2-2.1;
has been filed in relation to the child;
(7) proper consent, if consent is necessary, to the adoption has been
given;
(8) the petitioner for adoption is not prohibited from adopting the
child as the result of an inappropriate criminal history described in
subsection (c) or (d); and
(9) the person, licensed child placing agency, or county office of
family and children that has placed the child for adoption has
provided the documents and other information required under
IC 31-19-17 to the prospective adoptive parents;
the court shall grant the petition for adoption and enter an adoption
decree.
(b) A court may not grant an adoption unless the department's
affidavit under IC 31-19-5-16 is filed with the court as provided under
subsection (a)(4).
(c) A conviction of a felony or a misdemeanor related to the health
and safety of a child by a petitioner for adoption is a permissible basis
for the court to deny the petition for adoption. In addition, the court may
not grant an adoption if a petitioner for adoption has been convicted of
any of the felonies described as follows:
(1) Murder (IC 35-42-1-1).
(2) Causing suicide (IC 35-42-1-2).
(3) Assisting suicide (IC 35-42-1-2.5).
(4) Voluntary manslaughter (IC 35-42-1-3).
(5) Reckless homicide (IC 35-42-1-5).
(6) Battery as a felony (IC 35-42-2-1).
(7) Aggravated battery (IC 35-42-2-1.5).
(8) Kidnapping (IC 35-42-3-2).
(9) Criminal confinement (IC 35-42-3-3).
(10) A felony sex offense under IC 35-42-4.
(11) Carjacking (IC 35-42-5-2).
(12) Arson (IC 35-43-1-1).
(13) Incest (IC 35-46-1-3).
(14) Neglect of a dependent (IC 35-46-1-4(a)(1) and
IC 35-46-1-4(a)(2)).
(15) Child selling (IC 35-46-1-4(d)).
(16) A felony involving a weapon under IC 35-47 or IC 35-47.5.
(17) A felony relating to controlled substances under IC 35-48-4.
(18) An offense relating to material or a performance that is
harmful to minors or obscene under IC 35-49-3.
(19) A felony that is substantially equivalent to a felony listed in
subdivisions (1) through (18) for which the conviction was entered
in another state.
However, the court is not prohibited from granting an adoption based
upon a felony conviction under subdivision (6), (11), (12), (16), or (17),
or its equivalent under subdivision (19), if the offense was not
committed within the immediately preceding five (5) year period.
(d) A court may not grant an adoption if the petitioner is an a sex
offender (as defined in IC 5-2-12-4). IC 11-8-8-5).
SOURCE: IC 31-30-1-2.5; (06)CC001204.1.18. -->
SECTION 18. IC 31-30-1-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 2.5. A juvenile court may not
appoint a person to serve as the guardian or custodian of a child if
the person is:
(1) a sexually violent predator (as described in IC 35-38-1-7.5);
or
(2) a person who was at least eighteen (18) years of age at the
time of the offense and who committed child molesting (IC
35-42-4-3) or sexual misconduct with a minor (IC 35-42-4-9)
against a child less than sixteen (16) years of age:
(A) by using or threatening the use of deadly force;
(B) while armed with a deadly weapon; or
(C) that resulted in serious bodily injury.
SOURCE: IC 31-37-19-5; (06)CC001204.1.19. -->
SECTION 19. IC 31-37-19-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. (a) This section
applies if a child is a delinquent child under IC 31-37-1.
(b) The juvenile court may, in addition to an order under section 6 of
this chapter, enter at least one (1) of the following dispositional decrees:
(1) Order supervision of the child by:
(A) the probation department; or
(B) the county office of family and children.
As a condition of probation under this subdivision, the juvenile
court shall after a determination under IC 5-2-12-4 IC 11-8-8-5
require a child who is adjudicated a delinquent child for an act that
would be an offense described in IC 5-2-12-4 IC 11-8-8-5 if
committed by an adult to register with the sheriff (or the police
chief of a consolidated city) local law enforcement authority
under IC 5-2-12. IC 11-8-8.
(2) Order the child to receive outpatient treatment:
(A) at a social service agency or a psychological, a psychiatric, a
medical, or an educational facility; or
(B) from an individual practitioner.
(3) Order the child to surrender the child's driver's license to the
court for a specified period of time.
(4) Order the child to pay restitution if the victim provides
reasonable evidence of the victim's loss, which the child may
challenge at the dispositional hearing.
(5) Partially or completely emancipate the child under section 27 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.
SOURCE: IC 31-37-19-9; (06)CC001204.1.20. -->
SECTION 20. IC 31-37-19-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 9. (a) This section
applies if a child is a delinquent child under IC 31-37-1.
(b) After a juvenile court makes a determination under IC 5-2-12-4,
IC 11-8-8-5, the juvenile court may, in addition to an order under
section 6 of this chapter, and if the child:
(1) is at least thirteen (13) years of age and less than sixteen (16)
years of age; and
(2) committed an act that, if committed by an adult, would be:
(A) murder (IC 35-42-1-1);
(B) kidnapping (IC 35-42-3-2);
(C) rape (IC 35-42-4-1);
(D) criminal deviate conduct (IC 35-42-4-2); or
(E) robbery (IC 35-42-5-1) if the robbery was committed while
armed with a deadly weapon or if the robbery resulted in bodily
injury or serious bodily injury;
order wardship of the child to the department of correction for a fixed
period that is not longer than the date the child becomes eighteen (18)
years of age, subject to IC 11-10-2-10.
(c) Notwithstanding IC 11-10-2-5, the department of correction may
not reduce the period ordered under this section (or
IC 31-6-4-15.9(b)(8) before its repeal).
SOURCE: IC 35-38-1-7.5; (06)CC001204.1.21. -->
SECTION 21. IC 35-38-1-7.5, AS AMENDED BY SEA 246-2006,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 7.5. (a) As used in this section, "sexually violent
predator" means a person who suffers from a mental abnormality or
personality disorder that makes the individual likely to repeatedly
engage in any of the offenses described in
IC 5-2-12-4 IC 11-8-8-5.
The term includes a person convicted in another jurisdiction who
is identified as a sexually violent predator under IC 11-8-8-20. The
term does not include a person no longer considered a sexually
violent predator under subsection (g).
(b) A person who:
(1)
being at least eighteen (18) years of age, commits an offense
described in:
IC 5-2-12-4:
(A) by using or threatening the use of deadly force;
(B) while armed with a deadly weapon; or
(C) that results in serious bodily injury to a person other than a
defendant;
(2) is at least eighteen (18) years of age and commits an offense
described in IC 5-2-12-4 against a child less than twelve (12) years
of age; or
(3) commits an offense described in IC 5-2-12-4 while having a
previous unrelated conviction for an offense described in
IC 5-2-12-4 for which the person is required to register as an
offender under IC 5-2-12;
(A) IC 35-42-4-1;
(B) IC 35-42-4-2;
(C) IC 35-42-4-3 as a Class A or Class B felony;
(D) IC 35-42-4-5(a)(1);
(E) IC 35-42-4-5(a)(2);
(F) IC 35-42-4-5(a)(3);
(G) IC 35-42-4-5(b)(1) as a Class A or Class B felony;
(H) IC 35-42-4-5(b)(2); or
(I) IC 35-42-4-5(b)(3) as a Class A or Class B felony; or
(2) commits an offense described in IC 11-8-8-5 while having
a previous unrelated conviction for an offense described in
IC 11-8-8-5 for which the person is required to register as an
offender under IC 11-8-8;
is a sexually violent predator.
(c) This section applies whenever a court sentences a person for a sex
offense listed in IC 5-2-12-4 IC 11-8-8-5 for which the person is
required to register with the sheriff (or the police chief of a consolidated
city) local law enforcement authority under IC 5-2-12. IC 11-8-8.
(d) At the sentencing hearing, the court shall determine whether the
person is a sexually violent predator under subsection (b).
(e) If the court does not find the person to be a sexually violent
predator under subsection (b), the court shall consult with a board of
experts consisting of two (2) board certified psychologists or
psychiatrists who have expertise in criminal behavioral disorders to
determine if the person is a sexually violent predator under subsection
(a).
(f) If the court finds that a person is a sexually violent predator:
(1) the person is required to register with the sheriff (or the police
chief of a consolidated city) local law enforcement authority as
provided in IC 5-2-12-13(b) IC 11-8-8; and
(2) the court shall send notice of its finding under this subsection
to the criminal justice institute department of correction.
(g) A person who is found by a court to be a sexually violent predator
under subsection (e) may petition the court to consider whether the
person is should no longer be considered a sexually violent predator.
The person may file a petition under this subsection not earlier than ten
(10) years after:
(1) the sentencing court makes its finding under subsection (e) ; or
(2) a person found to be a sexually violent predator under
subsection (b) is released from incarceration.
A person may file a petition under this subsection not more than one (1)
time per year. If a court finds that the person is should no longer be
considered a sexually violent predator, the court shall send notice to the
Indiana criminal justice institute department of correction that the
person is no longer considered a sexually violent predator.
Notwithstanding any other law, a condition imposed on a person
due to the person's status as a sexually violent predator, including
lifetime parole or GPS monitoring, does not apply to a person no
longer considered a sexually violent predator.
SOURCE: IC 35-38-1-27; (06)CC001204.1.22. -->
SECTION 22. IC 35-38-1-27 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 27. (a) If a court imposes a sentence that does
not involve a commitment to the department of correction, the
court shall require a person:
(1) convicted of an offense described in IC 10-13-6-10; and
(2) who has not previously provided a DNA sample in
accordance with IC 10-13-6;
to provide a DNA sample as a condition of the sentence.
(b) If a person described in subsection (a) is confined at the time
of sentencing, the court shall order the person to provide a DNA
sample immediately after sentencing.
(c) If a person described in subsection (a) is not confined at the
time of sentencing, the agency supervising the person after
sentencing shall establish the date, time, and location for the person
to provide a DNA sample. However, the supervising agency must
require that the DNA sample be provided not more than seven (7)
days after sentencing. A supervising agency's failure to obtain a
DNA sample not more than seven (7) days after sentencing does
not permit a person required to provide a DNA sample to
challenge the requirement that the person provide a DNA sample
at a later date.
(d) A person's failure to provide a DNA sample is grounds for
revocation of the person's probation, community corrections
placement, or other conditional release.
SOURCE: IC 35-38-2-2.2; (06)CC001204.1.23. -->
SECTION 23. IC 35-38-2-2.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2.2. As a condition of
probation for an a sex offender (as defined in IC 5-2-12-4
IC 11-8-8-5), the court shall:
(1) require the sex offender to register with the sheriff (or the police
chief of a consolidated city) local law enforcement authority
under IC 5-2-12-5; IC 11-8-8; and
(2) prohibit the sex offender from residing within one thousand
(1,000) feet of school property (as defined in IC 35-41-1-24.7) for
the period of probation, unless the sex offender obtains written
approval from the court.
If the court allows the sex offender to reside within one thousand
(1,000) feet of school property under subdivision (2), the court shall
notify each school within one thousand (1,000) feet of the sex offender's
residence of the order.
SOURCE: IC 35-38-2-2.3; (06)CC001204.1.24. -->
SECTION 24. IC 35-38-2-2.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2.3. (a) As a condition
of probation, the court may require a person to do a combination of the
following:
(1) Work faithfully at suitable employment or faithfully pursue a
course of study or vocational training that will equip the person for
suitable employment.
(2) Undergo available medical or psychiatric treatment and remain
in a specified institution if required for that purpose.
(3) Attend or reside in a facility established for the instruction,
recreation, or residence of persons on probation.
(4) Support the person's dependents and meet other family
responsibilities.
(5) Make restitution or reparation to the victim of the crime for
damage or injury that was sustained by the victim. When restitution
or reparation is a condition of probation, the court shall fix the
amount, which may not exceed an amount the person can or will be
able to pay, and shall fix the manner of performance.
(6) Execute a repayment agreement with the appropriate
governmental entity to repay the full amount of public relief or
assistance wrongfully received, and make repayments according to
a repayment schedule set out in the agreement.
(7) Pay a fine authorized by IC 35-50.
(8) Refrain from possessing a firearm or other deadly weapon
unless granted written permission by the court or the person's
probation officer.
(9) Report to a probation officer at reasonable times as directed by
the court or the probation officer.
(10) Permit the person's probation officer to visit the person at
reasonable times at the person's home or elsewhere.
(11) Remain within the jurisdiction of the court, unless granted
permission to leave by the court or by the person's probation
officer.
(12) Answer all reasonable inquiries by the court or the person's
probation officer and promptly notify the court or probation officer
of any change in address or employment.
(13) Perform uncompensated work that benefits the community.
(14) Satisfy other conditions reasonably related to the person's
rehabilitation.
(15) Undergo home detention under IC 35-38-2.5.
(16) Undergo a laboratory test or series of tests approved by the
state department of health to detect and confirm the presence of the
human immunodeficiency virus (HIV) antigen or antibodies to the
human immunodeficiency virus (HIV), if:
(A) the person had been convicted of a sex crime listed in
IC 35-38-1-7.1(e) and the crime created an epidemiologically
demonstrated risk of transmission of the human
immunodeficiency virus (HIV) as described in
IC 35-38-1-7.1(b)(8); or
(B) the person had been convicted of an offense related to a
controlled substance listed in IC 35-38-1-7.1(f) and the offense
involved the conditions described in IC 35-38-1-7.1(b)(9)(A).
(17) Refrain from any direct or indirect contact with an individual.
(18) Execute a repayment agreement with the appropriate
governmental entity or with a person for reasonable costs incurred
because of the taking, detention, or return of a missing child (as
defined in IC 10-13-5-4).
(19) Periodically undergo a laboratory chemical test (as defined in
IC 14-15-8-1) or series of chemical tests as specified by the court
to detect and confirm the presence of a controlled substance (as
defined in IC 35-48-1-9). The person on probation is responsible
for any charges resulting from a test and shall have the results of
any test under this subdivision reported to the person's probation
officer by the laboratory.
(20) If the person was confined in a penal facility, execute a
reimbursement plan as directed by the court and make repayments
under the plan to the authority that operates the penal facility for all
or part of the costs of the person's confinement in the penal facility.
The court shall fix an amount that:
(A) may not exceed an amount the person can or will be able to
pay;
(B) does not harm the person's ability to reasonably be self
supporting or to reasonably support any dependent of the person;
and
(C) takes into consideration and gives priority to any other
restitution, reparation, repayment, or fine the person is required
to pay under this section.
(21) Refrain from owning, harboring, or training an animal.
(b) When a person is placed on probation, the person shall be given
a written statement specifying:
(1) the conditions of probation; and
(2) that if the person violates a condition of probation during the
probationary period, a petition to revoke probation may be filed
before the earlier of the following:
(A) One (1) year after the termination of probation.
(B) Forty-five (45) days after the state receives notice of the
violation.
(c) As a condition of probation, the court may require that the person
serve a term of imprisonment in an appropriate facility at the time or
intervals (consecutive or intermittent) within the period of probation the
court determines.
(d) Intermittent service may be required only for a term of not more
than sixty (60) days and must be served in the county or local penal
facility. The intermittent term is computed on the basis of the actual
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):
(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.
SOURCE: IC 35-38-2-2.4; (06)CC001204.1.25. -->
SECTION 25. IC 35-38-2-2.4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2.4. As a condition of
probation, the court may require an a sex offender (as defined in
IC 5-2-12-4) IC 11-8-8-5) to:
(1) participate in a treatment program for sex offenders approved
by the court; and
(2) avoid contact with any person who is less than sixteen (16)
years of age unless the probationer:
(A) receives the court's approval; or
(B) successfully completes the treatment program referred to in
subdivision (1).
SOURCE: IC 35-38-2-2.5; (06)CC001204.1.26. -->
SECTION 26. IC 35-38-2-2.5, AS AMENDED BY SEA 246-2006,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 2.5. (a) As used in this section, "offender" means
an individual convicted of a sex offense.
(b) As used in this section, "sex offense" means any of the following:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual battery (IC 35-42-4-8).
(9) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
(10) Incest (IC 35-46-1-3).
(c) A condition of remaining on probation or parole after conviction
for a sex offense is that the offender not reside within one (1) mile of
the residence of the victim of the offender's sex offense.
(d) An offender:
(1) who will be placed on probation shall provide the sentencing
court and the probation department with the address where the
offender intends to reside during the period of probation:
(A) at the time of sentencing if the offender will be placed on
probation without first being incarcerated; or
(B) before the offender's release from incarceration if the
offender will be placed on probation after completing a term of
incarceration; or
(2) who will be placed on parole shall provide the parole board with
the address where the offender intends to reside during the period
of parole.
(e) An offender, while on probation or parole, may not establish a
new residence within one (1) mile of the residence of the victim of the
offender's sex offense unless the offender first obtains a waiver from
the:
(1) court, if the offender is placed on probation; or
(2) parole board, if the offender is placed on parole;
for the change of address under subsection (f).
(f) The court or parole board may waive the requirement set
forth in subsection (c) only if the court or parole board, at a
hearing at which the offender is present and of which the
prosecuting attorney has been notified, determines that:
(1) the offender has successfully completed a sex offender
treatment program during the period of probation or parole;
(2) the offender is in compliance with all terms of the offender's
probation or parole; and
(3) good cause exists to allow the offender to reside within one
(1) mile of the residence of the victim of the offender's sex
offense.
However, the court or parole board may not grant a waiver under
this subsection if the offender is a sexually violent predator under
IC 35-38-1-7.5.
(g) If the court or parole board grants a waiver under subsection
(f), the court or parole board shall state in writing the reasons for
granting the waiver. The court's written statement of its reasons
shall be incorporated into the record.
(f) (h) The address of the victim of the offender's sex offense is
confidential even if the court or parole board grants a waiver under
subsection (f).
SOURCE: IC 35-38-2-2.6; (06)CC001204.1.27. -->
SECTION 27. IC 35-38-2-2.6 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]:
Sec. 2.6. (a) As a condition of
remaining on probation or parole after a conviction for stalking
(IC 35-45-10-5), a court may prohibit a person from residing
within one thousand (1,000) feet of the residence of the victim of the
stalking for a period that does not exceed five (5) years.
(b) A person:
(1) who will be placed on probation shall provide the
sentencing court and the probation department with the
address where the person intends to reside during the period
of probation:
(A) at the time of sentencing if the person will be placed on
probation without first being incarcerated; or
(B) before the person's release from incarceration if the
person will be placed on probation after completing a term
of incarceration; or
(2) who will be placed on parole shall provide the parole board
with the address where the person intends to reside during the
period of parole.
(c) A person, while on probation or parole, may not reside within
one thousand (1,000) feet of the residence of the victim of the
stalking unless the person first obtains a waiver under subsection
(d) from the:
(1) court, if the person is placed on probation; or
(2) parole board, if the person is placed on parole.
(d) The court or parole board may waive the requirement set
forth in subsection (c) only if the court or parole board, at a
hearing at which the person is present and of which the prosecuting
attorney has been notified, determines that:
(1) the person is in compliance with all terms of the person's
probation or parole; and
(2) good cause exists to allow the person to reside within one
thousand (1,000) feet of the residence of the victim of the
stalking.
(e) If the court or parole board grants a waiver under subsection
(d), the court or parole board shall state in writing the reasons for
granting the waiver. The court's written statement of its reasons
shall be incorporated into the record.
(f) The address of the victim of the stalking is confidential even
if the court or parole board grants a waiver under subsection (d).
SOURCE: IC 35-38-2.5-6; (06)CC001204.1.28. -->
SECTION 28. IC 35-38-2.5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6. An order for home
detention of an offender under section 5 of this chapter must include the
following:
(1) A requirement that the offender be confined to the offender's
home at all times except when the offender is:
(A) working at employment approved by the court or traveling to
or from approved employment;
(B) unemployed and seeking employment approved for the
offender by the court;
(C) undergoing medical, psychiatric, mental health treatment,
counseling, or other treatment programs approved for the
offender by the court;
(D) attending an educational institution or a program approved
for the offender by the court;
(E) attending a regularly scheduled religious service at a place of
worship; or
(F) participating in a community work release or community
restitution or service program approved for the offender by the
court.
(2) Notice to the offender that violation of the order for home
detention may subject the offender to prosecution for the crime of
escape under IC 35-44-3-5.
(3) A requirement that the offender abide by a schedule prepared by
the probation department, or by a community corrections program
ordered to provide supervision of the offender's home detention,
specifically setting forth the times when the offender may be absent
from the offender's home and the locations the offender is allowed
to be during the scheduled absences.
(4) A requirement that the offender is not to commit another crime
during the period of home detention ordered by the court.
(5) A requirement that the offender obtain approval from the
probation department or from a community corrections program
ordered to provide supervision of the offender's home detention
before the offender changes residence or the schedule described in
subdivision (3).
(6) A requirement that the offender maintain:
(A) a working telephone in the offender's home; and
(B) if ordered by the court, a monitoring device in the offender's
home or on the offender's person, or both.
(7) A requirement that the offender pay a home detention fee set by
the court in addition to the probation user's fee required under
IC 35-38-2-1 or IC 31-40. However, the fee set under this
subdivision may not exceed the maximum fee specified by the
department of correction under IC 11-12-2-12.
(8) A requirement that the offender abide by other conditions of
probation set by the court under IC 35-38-2-2.3.
(9) A requirement that an offender:
(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;
provide a DNA sample.
SOURCE: IC 35-38-2.6-3; (06)CC001204.1.29. -->
SECTION 29. IC 35-38-2.6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) The court may,
at the time of sentencing, suspend the sentence and order a person to be
placed in a community corrections program as an alternative to
commitment to the department of correction. The court may impose
reasonable terms on the placement.
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 term of placement.
(b) Placement in a community corrections program under this chapter
is subject to the availability of residential beds or home detention units
in a community corrections program.
(c) A person placed under this chapter is responsible for the person's
own medical care while in the placement program.
(d) Placement under this chapter is subject to the community
corrections program receiving a written presentence report or
memorandum from a county probation agency.
SOURCE: IC 35-41-4-2; (06)CC001204.1.30. -->
SECTION 30. IC 35-41-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. (a) Except as
otherwise provided in this section, a prosecution for an offense is barred
unless it is commenced:
(1) within five (5) years after the commission of the offense, in the
case of a Class B, Class C, or Class D felony; or
(2) within two (2) years after the commission of the offense, in the
case of a misdemeanor.
(b) A prosecution for a Class B or Class C felony that would
otherwise be barred under this section may be commenced within one
(1) year after the earlier of the date on which the state:
(1) first discovers
the identity of evidence sufficient to charge the
offender with
the offense through DNA (deoxyribonucleic acid)
evidence; analysis; or
(2) could have discovered
the identity of evidence sufficient to
charge the offender with
the offense through DNA
(deoxyribonucleic acid)
evidence analysis by the exercise of due
diligence.
However, for a Class B or Class C felony in which the state first
discovered the identity of an offender with DNA (deoxyribonucleic
acid) evidence after the time otherwise allowed for prosecution and
before July 1, 2001, the one (1) year period provided in this subsection
is extended to July 1, 2002.
(c) A prosecution for a Class A felony may be commenced at any
time.
(d) A prosecution for murder may be commenced:
(1) at any time; and
(2) regardless of the amount of time that passes between:
(A) the date a person allegedly commits the elements of murder;
and
(B) the date the alleged victim of the murder dies.
(e) A prosecution for the following offenses is barred unless
commenced before the date that the alleged victim of the offense
reaches thirty-one (31) years of age:
(1) IC 35-42-4-3(a) (Child molesting).
(2) IC 35-42-4-5 (Vicarious sexual gratification).
(3) IC 35-42-4-6 (Child solicitation).
(4) IC 35-42-4-7 (Child seduction).
(5) IC 35-46-1-3 (Incest).
(f) A prosecution for forgery of an instrument for payment of money,
or for the uttering of a forged instrument, under IC 35-43-5-2, is barred
unless it is commenced within five (5) years after the maturity of the
instrument.
(g) If a complaint, indictment, or information is dismissed because of
an error, defect, insufficiency, or irregularity, a new prosecution may be
commenced within ninety (90) days after the dismissal even if the
period of limitation has expired at the time of dismissal, or will expire
within ninety (90) days after the dismissal.
(h) The period within which a prosecution must be commenced does
not include any period in which:
(1) the accused person is not usually and publicly resident in
Indiana or so conceals himself or herself that process cannot be
served; on him;
(2) the accused person conceals evidence of the offense, and
evidence sufficient to charge him the person with that offense is
unknown to the prosecuting authority and could not have been
discovered by that authority by exercise of due diligence; or
(3) the accused person is a person elected or appointed to office
under statute or constitution, if the offense charged is theft or
conversion of public funds or bribery while in public office.
(i) For purposes of tolling the period of limitation only, a prosecution
is considered commenced on the earliest of these dates:
(1) The date of filing of an indictment, information, or complaint
before a court having jurisdiction.
(2) The date of issuance of a valid arrest warrant.
(3) The date of arrest of the accused person by a law enforcement
officer without a warrant, if the officer has authority to make the
arrest.
(j) A prosecution is considered timely commenced for any offense to
which the defendant enters a plea of guilty, notwithstanding that the
period of limitation has expired.
SOURCE: IC 35-42-4-10; (06)CC001204.1.31. -->
SECTION 31. IC 35-42-4-10 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 10. (a) As used in this section, "sexually violent
predator" means a person who is a sexually violent predator under
IC 35-38-1-7.5.
(b) A sexually violent predator who knowingly or intentionally
works for compensation or as a volunteer:
(1) on school property;
(2) at a youth program center; or
(3) at a public park;
commits unlawful employment near children by a sexual predator,
a Class D felony. However, the offense is a Class C felony if the
person has a prior unrelated conviction based on the person's
failure to comply with any requirement imposed on an offender
under this chapter.
SOURCE: IC 35-42-4-11; (06)CC001204.1.32. -->
SECTION 32. IC 35-42-4-11, AS ADDED BY SEA 246-2006,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 11. (a) As used in this section, "offender against
children" means a person required to register as an a sex offender under
IC 5-2-12 IC 11-8-8 who has been:
(1) found by a court to be a sexually violent predator under
(A) IC 35-38-1-7.5; or
(B) the law of another jurisdiction that identifies the person as
being likely to repeatedly commit a sex offense; or
(2) convicted of one (1) or more of the following offenses:
(A) Child molesting (IC 35-42-4-3).
(B) Child exploitation (IC 35-42-4-4(b)).
(C) Child solicitation (IC 35-42-4-6).
(D) Child seduction (IC 35-42-4-7).
(E) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
(18) years of age.
(F) An offense in another jurisdiction that is substantially similar
to an offense described in clauses (A) through (E).
(b) As used in this section, "reside" means to spend more than two (2)
nights in a residence in any thirty (30) day period.
(c) An offender against children who knowingly or intentionally:
(1) resides within one thousand (1,000) feet of:
(A) school property;
(B) a youth program center; or
(C) a public park; or
(2) establishes a residence within one (1) mile of the residence of
the victim of the offender's sex offense;
commits a sex offender residency offense, a Class D felony.
SOURCE: IC 35-43-1-2; (06)CC001204.1.33. -->
SECTION 33. IC 35-43-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. (a) A person who:
(1) recklessly, knowingly, or intentionally damages or defaces
property of another person without the other person's consent; or
(2) knowingly or intentionally causes another to suffer pecuniary
loss by deception or by an expression of intention to injure another
person or to damage the property or to impair the rights of another
person;
commits criminal mischief, a Class B misdemeanor. However, the
offense is:
(A) a Class A misdemeanor if:
(i) the pecuniary loss is at least two hundred fifty dollars
($250) but less than two thousand five hundred dollars
($2,500);
(ii) the property damaged was a moving motor vehicle;
(iii) the property damaged or defaced was a copy of the sex and
violent offender directory (IC 5-2-6-3) contained data
relating to a person required to register as a sex offender
under IC 11-8-8 and the person is not a sex offender or was
not required to register as a sex offender;
(iv) the property damaged was a locomotive, a railroad car, a
train, or equipment of a railroad company being operated on a
railroad right-of-way;
(v) the property damaged was a part of any railroad signal
system, train control system, centralized dispatching system, or
highway railroad grade crossing warning signal on a railroad
right-of-way owned, leased, or operated by a railroad company;
(vi) the property damaged was any rail, switch, roadbed,
viaduct, bridge, trestle, culvert, or embankment on a
right-of-way owned, leased, or operated by a railroad company;
or
(vii) the property damage or defacement was caused by paint
or other markings; and
(B) a Class D felony if:
(i) the pecuniary loss is at least two thousand five hundred
dollars ($2,500);
(ii) the damage causes a substantial interruption or impairment
of utility service rendered to the public;
(iii) the damage is to a public record;
(iv) the property damaged or defaced was a copy of the sex and
violent offender directory (IC 5-2-6-3) contained data
relating to a person required to register as a sex offender
under IC 11-8-8 and the person is a sex offender or was
required to register as a sex offender;
(v) the damage causes substantial interruption or impairment
of work conducted in a scientific research facility;
(vi) the damage is to a law enforcement animal (as defined in
IC 35-46-3-4.5); or
(vii) the damage causes substantial interruption or impairment
of work conducted in a food processing facility.
(b) A person who recklessly, knowingly, or intentionally damages:
(1) a structure used for religious worship;
(2) a school or community center;
(3) the grounds:
(A) adjacent to; and
(B) owned or rented in common with;
a structure or facility identified in subdivision (1) or (2); or
(4) personal property contained in a structure or located at a facility
identified in subdivision (1) or (2);
without the consent of the owner, possessor, or occupant of the property
that is damaged, commits institutional criminal mischief, a Class A
misdemeanor. However, the offense is a Class D felony if the pecuniary
loss is at least two hundred fifty dollars ($250) but less than two
thousand five hundred dollars ($2,500), and a Class C felony if the
pecuniary loss is at least two thousand five hundred dollars ($2,500).
(c) If a person is convicted of an offense under this section that
involves the use of graffiti, the court may, in addition to any other
penalty, order that the person's operator's license be suspended or
invalidated by the bureau of motor vehicles for not more than one (1)
year.
(d) The court may rescind an order for suspension or invalidation
under subsection (c) and allow the person to receive a license or permit
before the period of suspension or invalidation ends if the court
determines that:
(1) the person has removed or painted over the graffiti or has made
other suitable restitution; and
(2) the person who owns the property damaged or defaced by the
criminal mischief or institutional criminal mischief is satisfied with
the removal, painting, or other restitution performed by the person.
SOURCE: IC 35-44-3-13; (06)CC001204.1.34. -->
SECTION 34. IC 35-44-3-13 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 13. (a) A person who is being supervised on
lifetime parole (as described in IC 35-50-6-1) and who knowingly
or intentionally violates a condition of lifetime parole that involves
direct or indirect contact with a child less than sixteen (16) years
of age or with the victim of a sex crime described in IC 11-8-8-5
that was committed by the person commits a Class D felony if, at
the time of the violation:
(1) the person's lifetime parole has been revoked two (2) or
more times; or
(2) the person has completed the person's sentence, including
any credit time the person may have earned.
(b) The offense described in subsection (a) is a Class C felony if
the person has a prior unrelated conviction under this section.
SOURCE: IC 35-49-3-3; (06)CC001204.1.35. -->
SECTION 35. IC 35-49-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) Except as
provided in subsection (b), a person who knowingly or intentionally:
(1) disseminates matter to minors that is harmful to minors;
(2) displays matter that is harmful to minors in an area to which
minors have visual, auditory, or physical access, unless each minor
is accompanied by the minor's parent or guardian;
(3) sells, rents, or displays for sale or rent to any person matter
that is harmful to minors within five hundred (500) feet of the
nearest property line of a school or church;
(4) engages in or conducts a performance before minors that is
harmful to minors;
(5) engages in or conducts a performance that is harmful to minors
in an area to which minors have visual, auditory, or physical access,
CCunless each minor is accompanied by the minor's parent or
guardian;
(6) misrepresents the minor's age for the purpose of obtaining
admission to an area from which minors are restricted because of
the display of matter or a performance that is harmful to minors; or
(7) misrepresents that the person is a parent or guardian of a minor
for the purpose of obtaining admission of the minor to an area
where minors are being restricted because of display of matter or
performance that is harmful to minors;
commits a Class D felony.
(b) This section does not apply if a person disseminates, displays, or
makes available the matter described in subsection (a) through the
Internet, computer electronic transfer, or a computer network unless:
(1) the matter is obscene under IC 35-49-2-1;
(2) the matter is child pornography under IC 35-42-4-4; or
(3) the person distributes the matter to a child less than eighteen
(18) years of age believing or intending that the recipient is a child
less than eighteen (18) years of age.
SOURCE: IC 35-50-2-2; (06)CC001204.1.36. -->
SECTION 36. IC 35-50-2-2, AS AMENDED BY P.L.213-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 2. (a) The court may suspend any part of a
sentence for a felony, except as provided in this section or in section 2.1
of this chapter.
(b) With respect to the following crimes listed in this subsection, the
court may suspend only that part of the sentence that is in excess of the
minimum sentence, unless the court has approved placement of the
offender in a forensic diversion program under IC 11-12-3.7:
(1) The crime committed was a Class A or Class B felony and the
person has a prior unrelated felony conviction.
(2) The crime committed was a Class C felony and less than seven
(7) years have elapsed between the date the person was discharged
from probation, imprisonment, or parole, whichever is later, for a
prior unrelated felony conviction and the date the person committed
the Class C felony for which the person is being sentenced.
(3) The crime committed was a Class D felony and less than three
(3) years have elapsed between the date the person was discharged
from probation, imprisonment, or parole, whichever is later, for a
prior unrelated felony conviction and the date the person committed
the Class D felony for which the person is being sentenced.
However, the court may suspend the minimum sentence for the
crime only if the court orders home detention under IC 35-38-1-21
or IC 35-38-2.5-5 instead of the minimum sentence specified for
the crime under this chapter.
(4) The felony committed was:
(A) murder (IC 35-42-1-1);
(B) battery (IC 35-42-2-1) with a deadly weapon or battery
causing death;
(C) sexual battery (IC 35-42-4-8) with a deadly weapon;
(D) kidnapping (IC 35-42-3-2);
(E) confinement (IC 35-42-3-3) with a deadly weapon;
(F) rape (IC 35-42-4-1) as a Class A felony;
(G) criminal deviate conduct (IC 35-42-4-2) as a Class A felony;
(H) child molesting (IC 35-42-4-3) as a Class A or Class B
felony;
(I) robbery (IC 35-42-5-1) resulting in serious bodily injury or
with a deadly weapon;
(J) arson (IC 35-43-1-1) for hire or resulting in serious bodily
injury;
(K) burglary (IC 35-43-2-1) resulting in serious bodily injury or
with a deadly weapon;
(L) resisting law enforcement (IC 35-44-3-3) with a deadly
weapon;
(M) escape (IC 35-44-3-5) with a deadly weapon;
(N) rioting (IC 35-45-1-2) with a deadly weapon;
(O) dealing in cocaine, a narcotic drug, or methamphetamine (IC
35-48-4-1) if the court finds the person possessed a firearm (as
defined in IC 35-47-1-5) at the time of the offense, or the person
delivered or intended to deliver to a person under eighteen (18)
years of age at least three (3) years junior to the person and was
on a school bus or within one thousand (1,000) feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center;
(P) dealing in a schedule I, II, or III controlled substance (IC
35-48-4-2) if the court finds the person possessed a firearm (as
defined in IC 35-47-1-5) at the time of the offense, or the person
delivered or intended to deliver to a person under eighteen (18)
years of age at least three (3) years junior to the person and was
on a school bus or within one thousand (1,000) feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center;
(Q) an offense under IC 9-30-5 (operating a vehicle while
intoxicated) and the person who committed the offense has
accumulated at least two (2) prior unrelated convictions under
IC 9-30-5;
(R) an offense under IC 9-30-5-5(b) (operating a vehicle while
intoxicated causing death); or
(S) aggravated battery (IC 35-42-2-1.5).
(c) Except as provided in subsection (e), whenever the court suspends
a sentence for a felony, it shall place the person on probation under
IC 35-38-2 for a fixed period to end not later than the date that the
maximum sentence that may be imposed for the felony will expire.
(d) The minimum sentence for a person convicted of voluntary
manslaughter may not be suspended unless the court finds at the
sentencing hearing that the crime was not committed by means of a
deadly weapon.
(e) Whenever the court suspends that part of
an a sex offender's (as
defined in
IC 5-2-12-4) IC 11-8-8-5) sentence that is suspendible under
subsection (b), the court shall place the
sex offender on probation under
IC 35-38-2 for not more than ten (10) years.
(f) An additional term of imprisonment imposed under IC 35-50-2-11
may not be suspended.
(g) A term of imprisonment imposed under IC 35-47-10-6 or
IC 35-47-10-7 may not be suspended if the commission of the offense
was knowing or intentional.
(h) A term of imprisonment imposed for an offense under
IC 35-48-4-6(b)(1)(B) may not be suspended.
SOURCE: IC 35-50-2-14; (06)CC001204.1.37. -->
SECTION 37. IC 35-50-2-14, AS AMENDED BY P.L.71-2005,
SECTION 15, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 14. (a) The state may seek to have
a person sentenced as a repeat sexual offender for a sex offense under
IC 35-42-4-1 through IC 35-42-4-9 or IC 35-46-1-3,
or for an offense
committed in another jurisdiction that is substantially similar to a
sex offense under IC 35-42-4-1 through IC 35-42-4-9 or
IC 35-46-1-3, by alleging, on a page separate from the rest of the
charging instrument, that the person has accumulated one (1) prior
unrelated felony conviction for a sex offense under IC 35-42-4-1
through IC 35-42-4-9 or IC 35-46-1-3, or for an offense committed
in another jurisdiction that is substantially similar to a sex offense
under IC 35-42-4-1 through IC 35-42-4-9 or IC 35-46-1-3.
(b) After a person has been convicted and sentenced for a felony
committed after sentencing for a prior unrelated felony conviction under
IC 35-42-4-1 through IC 35-42-4-9 or IC 35-46-1-3, or for an offense
committed in another jurisdiction that is substantially similar to a
sex offense under IC 35-42-4-1 through IC 35-42-4-9 or
IC 35-46-1-3, the person has accumulated one (1) prior unrelated
felony conviction. However, a conviction does not count for purposes
of this subsection, if:
(1) it has been set aside; or
(2) it is one for which the person has been pardoned.
(c) If the person was convicted of the offense in a jury trial, the jury
shall reconvene to hear evidence in the enhancement hearing. If the trial
was to the court, or the judgment was entered on a guilty plea, the court
alone shall hear evidence in the enhancement hearing.
(d) A person is a repeat sexual offender if the jury (if the hearing is by
jury) or the court (if the hearing is to the court alone) finds that the state
has proved beyond a reasonable doubt that the person had accumulated
one (1) prior unrelated felony conviction under IC 35-42-4-1 through
IC 35-42-4-9 or IC 35-46-1-3, or had accumulated one (1) prior
unrelated conviction for an offense committed in another
jurisdiction that is substantially similar to a sex offense under
IC 35-42-4-1 through IC 35-42-4-9 or IC 35-46-1-3.
(e) The court may sentence a person found to be a repeat sexual
offender to an additional fixed term that is the advisory sentence for the
underlying offense. However, the additional sentence may not exceed
ten (10) years.
SOURCE: IC 35-50-6-1; (06)CC001204.1.38. -->
SECTION 38. IC 35-50-6-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. (a) Except as
provided in subsection (d)
or (e), when a person imprisoned for a felony
completes
his the person's fixed term of imprisonment, less the credit
time
he the person has earned with respect to that term,
he the person
shall be:
(1) released on parole for not more than twenty-four (24) months,
as determined by the parole board;
(2) discharged upon a finding by the committing court that the
person was assigned to a community transition program and may
be discharged without the requirement of parole; or
(3) released to the committing court if
his the sentence included a
period of probation.
(b)
Except as provided in subsection (d), This subsection does not
apply to a person described in subsection (d), (e), or (f). A person
released on parole remains on parole from the date of
his release until
his the person's fixed term expires, unless
his the person's parole is
revoked or
he the person is discharged from that term by the parole
board. In any event, if
his the person's parole is not revoked, the parole
board shall discharge him the person after the period set under
subsection (a) or the expiration of the person's fixed term, whichever is
shorter.
(c) A person whose parole is revoked shall be imprisoned for all or
part of the remainder of his the person's fixed term. However, he the
person shall again be released on parole when he the person completes
that remainder, less the credit time he the person has earned since the
revocation. The parole board may reinstate him the person on parole
at any time after the revocation.
(d) This subsection does not apply to a person who is a sexually
violent predator under IC 35-38-1-7.5. When an offender a sex
offender (as defined in IC 5-2-12-4 IC 11-8-8-5) completes the sex
offender's fixed term of imprisonment, less credit time earned with
respect to that term, the sex offender shall be placed on parole for not
more than ten (10) years.
(e) This subsection applies to a person who is a sexually violent
predator under IC 35-38-1-7.5. When a sexually violent predator
completes the person's fixed term of imprisonment, less credit time
earned with respect to that term, the person shall be placed on
parole for the remainder of the person's life.
(f) This subsection applies to a parolee in another jurisdiction
who is a sexually violent predator under IC 35-38-1-7.5 and whose
parole supervision is transferred to Indiana from another
jurisdiction. In accordance with IC 11-13-4-1(2) (Interstate
Compact for Out-of-State Probationers and Parolees) and rules
adopted under Article VII (d)(8) of the Interstate Compact for
Adult Offender Supervision (IC 11-13-4.5), a parolee who is a
sexually violent predator and whose parole supervision is
transferred to Indiana is subject to the same conditions of parole
as a sexually violent predator convicted in Indiana, including:
(1) lifetime parole (as described in subsection (e)); and
(2) the requirement that the person wear a monitoring device
(as described in IC 35-38-2.5-3) that can transmit information
twenty-four (24) hours each day regarding a person's precise
location, if applicable.
(g) If a person being supervised on lifetime parole as described
in subsection (e) is also required to be supervised by a court, a
probation department, a community corrections program, a
community transition program, or another similar program upon
the person's release from imprisonment, the parole board may:
(1) supervise the person while the person is being supervised
by the other supervising agency; or
(2) permit the other supervising agency to exercise all or part
of the parole board's supervisory responsibility during the
period in which the other supervising agency is required to
supervise the person, if supervision by the other supervising
agency will be, in the opinion of the parole board:
(A) at least as stringent; and
(B) at least as effective;
as supervision by the parole board.
(h) The parole board is not required to supervise a person on
lifetime parole during any period in which the person is
imprisoned. However, upon the person's release from
imprisonment, the parole board shall recommence its supervision
of a person on lifetime parole.
SOURCE: IC 35-50-6-5; (06)CC001204.1.39. -->
SECTION 39. IC 35-50-6-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. (a) A person may,
with respect to the same transaction, be deprived of any part of the
credit time he the person has earned for any of the following:
(1) A violation of one (1) or more rules of the department of
correction.
(2) If the person is not committed to the department, a violation of
one (1) or more rules of the penal facility in which the person is
imprisoned.
(3) A violation of one (1) or more rules or conditions of a
community transition program.
(4) If a court determines that a civil claim brought by the person in
a state or an administrative court is frivolous, unreasonable, or
groundless.
(5) If the person is a sex offender (as defined in IC 11-8-8-5)
and refuses to register before being released from the
department as required under IC 11-8-8-7.
(6) If the person is a sex offender (as defined in IC 11-8-8-5)
and refuses to participate in a sex offender treatment program
specifically offered to the sex offender by the department of
correction while the person is serving a period of incarceration
with the department of correction.
However, the violation of a condition of parole or probation may not be
the basis for deprivation. Whenever a person is deprived of credit time,
he may also be reassigned to Class II or Class III.
(b) Before a person may be deprived of earned credit time, the person
must be granted a hearing to determine his the person's guilt or
innocence and, if found guilty, whether deprivation of earned credit time
is an appropriate disciplinary action for the violation. In connection with
the hearing, the person is entitled to the procedural safeguards listed in
section 4(c) of this chapter. The person may waive his the person's
right to the hearing.
(c) Any part of the credit time of which a person is deprived under
this section may be restored.
SOURCE: IC 36-2-13-5.5; (06)CC001204.1.40. -->
SECTION 40. IC 36-2-13-5.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5.5. (a) The sheriffs
shall jointly establish and maintain
a an Indiana sex offender web site,
known as the Indiana
sheriffs' sex offender registry, to inform the
general public about the identity, location, and appearance of every sex
offender residing within Indiana. The web site must provide information
regarding each sex offender, organized by county of residence. The web
site shall be updated at least
every seven (7) days. daily.
(b) The
Indiana sex offender web site must include the following
information:
(1) A recent photograph of every sex offender who has registered
with a sheriff after the effective date of this chapter.
(2) The home address of every sex offender.
(3) The information required to be included in the sex offender
directory (IC 5-2-12-6). under IC 11-8-8-8.
(c) Every time a sex offender submits a new registration form to the
sheriff registers, but at least once per year, the sheriff shall photograph
the sex offender. The sheriff shall place this photograph on the Indiana
sex offender web site.
(d) The photograph of a sex offender described in subsection (c) must
meet the following requirements:
(1) The photograph must be full face, front view, with a plain white
or off-white background.
(2) The image of the offender's face, measured from the bottom of
the chin to the top of the head, must fill at least seventy-five percent
(75%) of the photograph.
(3) The photograph must be in color.
(4) The photograph must show the offender dressed in normal
street attire, without a hat or headgear that obscures the hair or
hairline.
(5) If the offender normally and consistently wears prescription
glasses, a hearing device, wig, or a similar article, the photograph
must show the offender wearing those items. A photograph may not
include dark glasses or nonprescription glasses with tinted lenses
unless the offender can provide a medical certificate demonstrating
that tinted lenses are required for medical reasons.
(6) The photograph must have sufficient resolution to permit the
offender to be easily identified by a person accessing the Indiana
sex offender web site.
(e) The Indiana sex offender web site may be funded from:
(1) the jail commissary fund (IC 36-8-10-21);
(2) a grant from the criminal justice institute; and
(3) any other source, subject to the approval of the county fiscal
body.
SOURCE: IC 5-2-6-3.5; IC 5-2-12.
; (06)CC001204.1.41. -->
SECTION 41. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2006]: IC 5-2-6-3.5; IC 5-2-12.
SOURCE: ; (06)CC001204.1.42. -->
SECTION 42. [EFFECTIVE JULY 1, 2006] IC 11-8-8-15,
IC 11-8-8-17, IC 11-8-8-18, IC 35-42-4-10, and IC 35-44-3-13, all
as added by this act, and IC 35-43-1-2, IC 35-42-4-11, and
IC 35-49-3-3, all as amended by this act, apply only to crimes
committed after June 30, 2006.
SOURCE: ; (06)CC001204.1.43. -->
SECTION 43. [EFFECTIVE JULY 1, 2006]
Notwithstanding
IC 10-13-6-10, IC 10-13-6-11, IC 35-38-2-2.3, IC 35-38-2.5-6, and
IC 35-38-2.6-3, all as amended by this act, and IC 35-38-1-27, as
added by this act, a probation department, community corrections
department, or other agency supervising an offender on
conditional release is not required to collect a DNA sample before
October 1, 2006. However, a probation department, community
corrections department, or other agency supervising an offender
on conditional release is authorized to collect a DNA sample before
October 1, 2006, and a DNA sample collected before October 1,
2006, may be analyzed and placed in the convicted offender data
base.
SOURCE: ; (06)CC001204.1.44. -->
SECTION 44. [EFFECTIVE JULY 1, 2006] IC 35-38-2-2.6 and
IC 35-50-6-1, both as added by this act, apply only to crimes
committed after June 30, 2006.
SOURCE: ; (06)CC001204.1.45. -->
SECTION 45. [EFFECTIVE UPON PASSAGE] (a) The
department of correction shall report to the budget committee on
or before August 1, 2006, concerning the estimated costs of
implementing IC 11-13-3-4(i), as added by this act, and the
feasibility of recovering those costs from offenders.
(b) This SECTION expires July 1, 2007.
SOURCE: ; (06)CC001204.1.46. -->
SECTION 46. [EFFECTIVE JULY 1, 2006] (a) The department of
correction shall report to the legislative council before November
1 of each year concerning the department's implementation of
lifetime parole and GPS monitoring for sex offenders. The report
must include information relating to:
(1) the expense of lifetime parole and GPS monitoring;
(2) recidivism; and
(3) any proposal to make the program of lifetime parole and
GPS monitoring less expensive or more effective, or both.
(b) The report described in subsection (a) must be in an
electronic format under IC 5-14-6.
(c) This SECTION expires November 2, 2010.
SOURCE: ; (06)CC001204.1.47. -->
SECTION 47. P.L.61-2005, SECTION 1, IS AMENDED TO READ
AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION 1. (a) As
used in this SECTION, "committee" refers to the sentencing policy
study committee established by subsection (c).
(b) The general assembly finds that a comprehensive study of
sentencing laws and policies is desirable in order to:
(1) ensure that sentencing laws and policies protect the public
safety;
(2) establish fairness and uniformity in sentencing laws and
policies;
(3) determine whether incarceration or alternative sanctions are
appropriate for various categories of criminal offenses; and
(4) maximize cost effectiveness in the administration of sentencing
laws and policies.
(c) The sentencing policy study committee is established to evaluate
sentencing laws and policies as they relate to:
(1) the purposes of the criminal justice and corrections systems;
(2) the availability of sentencing options; and
(3) the inmate population in department of correction facilities.
If, based on the committee's evaluation under this subsection, the
committee determines changes are necessary or appropriate, the
committee shall make recommendations to the general assembly for the
modification of sentencing laws and policies and for the addition,
deletion, or expansion of sentencing options.
(d) The committee shall do the following:
(1) Evaluate the existing classification of criminal offenses into
felony and misdemeanor categories. In determining the proper
category for each felony and misdemeanor, the committee shall
consider, to the extent they have relevance, the following:
(A) The nature and degree of harm likely to be caused by the
offense, including whether the offense involves property,
irreplaceable property, a person, a number of persons, or a breach
of the public trust.
(B) The deterrent effect a particular classification may have on
the commission of the offense.
(C) The current incidence of the offense in Indiana.
(D) The rights of the victim.
(2) Recommend structures to be used by a sentencing court in
determining the most appropriate sentence to be imposed in a
criminal case, including any combination of imprisonment,
probation, restitution, community service, or house arrest. The
committee shall also consider the following:
(A) The nature and characteristics of the offense.
(B) The severity of the offense in relation to other offenses.
(C) The characteristics of the defendant that mitigate or
aggravate the seriousness of the criminal conduct and the
punishment deserved for that conduct.
(D) The defendant's number of prior convictions.
(E) The available resources and capacity of the department of
correction, local confinement facilities, and community based
sanctions.
(F) The rights of the victim.
The committee shall include with each set of sentencing structures
an estimate of the effect of the sentencing structures on the
department of correction and local facilities with respect to both
fiscal impact and inmate population.
(3) Review community corrections and home detention programs
for the purpose of:
(A) standardizing procedures and establishing rules for the
supervision of home detainees; and
(B) establishing procedures for the supervision of home detainees
by community corrections programs of adjoining counties.
(4) Determine the long range needs of the criminal justice and
corrections systems and recommend policy priorities for those
systems.
(5) Identify critical problems in the criminal justice and corrections
systems and recommend strategies to solve the problems.
(6) Assess the cost effectiveness of the use of state and local funds
in the criminal justice and corrections systems.
(7) Recommend a comprehensive community corrections strategy
based on the following:
(A) A review of existing community corrections programs.
(B) The identification of additional types of community
corrections programs necessary to create an effective continuum
of corrections sanctions.
(C) The identification of categories of offenders who should be
eligible for sentencing to community corrections programs and
the impact that changes to the existing system of community
corrections programs would have on sentencing practices.
(D) The identification of necessary changes in state oversight and
coordination of community corrections programs.
(E) An evaluation of mechanisms for state funding and local
community participation in the operation and implementation of
community corrections programs.
(F) An analysis of the rate of recidivism of clients under the
supervision of existing community corrections programs.
(8) Propose plans, programs, and legislation for improving the
effectiveness of the criminal justice and corrections systems.
(9) Evaluate the use of faith based organizations as an alternative
to incarceration.
(10) Study issues related to sex offenders, including:
(A) lifetime parole;
(B) GPS or other electronic monitoring;
(C) a classification system for sex offenders;
(D) recidivism; and
(E) treatment.
(e) The committee may study other topics assigned by the legislative
council or as directed by the committee chair.
The committee may
meet as often as necessary.
(f) The committee consists of
nineteen (19) twenty (20) members
appointed as follows:
(1) Four (4) members of the senate, not more than two (2) of whom
may be affiliated with the same political party, to be appointed by
the president pro tempore of the senate.
(2) Four (4) members of the house of representatives, not more than
two (2) of whom may be affiliated with the same political party, to
be appointed by the speaker of the house of representatives.
(3) The chief justice of the supreme court or the chief justice's
designee.
(4) The commissioner of the department of correction or the
commissioner's designee.
(5) The director of the Indiana criminal justice institute or the
director's designee.
(6) The executive director of the prosecuting attorneys council of
Indiana or the executive director's designee.
(7) The executive director of the public defender council of Indiana
or the executive director's designee.
(8) One (1) person with experience in administering community
corrections programs, appointed by the governor.
(9) One (1) person with experience in administering probation
programs, appointed by the governor.
(10) Two (2) judges who exercise juvenile jurisdiction, not more
than one (1) of whom may be affiliated with the same political
party, to be appointed by the governor.
(11) Two (2) judges who exercise criminal jurisdiction, not more
than one (1) of whom may be affiliated with the same political
party, to be appointed by the governor.
(12) One (1) board certified psychologist or psychiatrist who
has expertise in treating sex offenders, appointed by the
governor to act as a nonvoting advisor to the committee.
(g) The chairman of the legislative council shall appoint a legislative
member of the committee to serve as chair of the committee. Whenever
there is a new chairman of the legislative council, the new chairman may
remove the chair of the committee and appoint another chair.
(h) If a legislative member of the committee ceases to be a member of
the chamber from which the member was appointed, the member also
ceases to be a member of the committee.
(i) A legislative member of the committee may be removed at any
time by the appointing authority who appointed the legislative member.
(j) If a vacancy exists on the committee, the appointing authority who
appointed the former member whose position is vacant shall appoint an
individual to fill the vacancy.
(k) The committee shall submit a final report of the results of its study
to the legislative council before November 1, 2006. The report must be
in an electronic format under IC 5-14-6.
(l) The Indiana criminal justice institute shall provide staff support to
the committee.
(m) Each member of the committee is entitled to receive the same per
diem, mileage, and travel allowances paid to individuals who serve as
legislative and lay members, respectively, of interim study committees
established by the legislative council.
(n) The affirmative votes of a majority of the
voting members
appointed to the committee are required for the committee to take action
on any measure, including the final report.
(o) Except as otherwise specifically provided by this act, the
committee shall operate under the rules of the legislative council. All
funds necessary to carry out this act shall be paid from appropriations
to the legislative council and legislative services agency.
(p) This SECTION expires December 31, 2006.
SOURCE: ; (06)CC001204.1.48. -->
SECTION 48.
An emergency is declared for this act.
(Reference is to ESB 12 as reprinted February 24, 2006.)
Conference Committee Report
on
Engrossed Senate Bill 12
Text Box
S
igned by:
____________________________ ____________________________
Senator LongRepresentative Ulmer
Chairperson
____________________________ ____________________________
Senator MrvanRepresentative Kuzman
Senate Conferees House Conferees