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Senate Bill 0561


Senate Bill 0561

ARCHIVE (2011)

Latest Information

 

DIGEST OF SB561 (Updated February 22, 2011 8:08 pm - DI 84)


Corrections and sentencing. Requires the department of correction to: (1) determine the average daily marginal cost of incarcerating an offender; (2) determine the average length of stay for a Class D felony offender in the department; and (3) administer an incentive and disincentive program for counties to reduce the number of Class D felony offenders committed to the department. Provides that the local rehabilitation incentive is to be made from the marginal savings realized by the department as a result of the counties committing fewer Class D felony offenders to the department. Requires each county to establish a county offender fund. Requires the judicial conference to adopt rules concerning swift and certain sanctions that a probation officer may use in supervising persons on probation. Requires the department of correction to: (1) supervise parolees who were sentenced by a court in Indiana for murder, a Class A felony, a sex offense, or incest; (2) assist all parolees sentenced by a court in Indiana; and (3) supervise and assist out-of-state parolees accepted under an interstate compact as required by the interstate compact. Provides that when a court imposes a sentence on a specified type of offender, the court shall suspend part of the sentence and require the offender to serve the suspended period on probation, in a community corrections program, or in a problem solving court program. Requires the board of directors of the judicial conference of Indiana to adopt rules to establish standards of probation supervision provided by probation departments based on validated risk assessments of offenders. Requires local and state community corrections programs to use services, programs, and practices that reduce recidivism rates, as demonstrated by scientific research, among persons who participate in community corrections programs. Requires community corrections boards to coordinate or operate educational, mental health, drug or alcohol abuse counseling, housing, and supervision services for persons participating in community corrections programs. Provides that money received by a community corrections program or community transition program from the state may be used only to provide community corrections or community transition services for persons who have been charged with or convicted of a crime. Provides that any user fees collected: (1) by a community corrections program that is funded in whole or in part by money received from the state; and (2) from persons who have been convicted of a felony; may be used only to provide services for persons who have been charged with or convicted of a crime. Provides that if the department of correction establishes or contracts for the establishment of a community corrections program, the program may provide services only for persons who have been charged with or convicted of a crime. Provides that any home detention user fees collected: (1) by a community corrections program that provides supervision of home detention and is funded in whole or in part by money received from the state; and (2) from persons who have been convicted of a felony; may be used only to provide home detention services for persons who have been charged with or convicted of a crime. Removes certain Class D felonies from the list of felonies for which a court may suspend only the part of the sentence that exceeds the minimum sentence. Repeals the statute prohibiting the suspension of certain felony sentences if the person has a juvenile record. Removes certain habitual traffic violator statutes from the list of crimes that are not suspendible. Defines "defraud" for purposes of criminal law. Makes theft: (1) a Class A misdemeanor if the amount of property involved in the theft is less than $750; (2) a Class D felony if the amount is between $750 and $50,000 or if the person has a prior conviction; and (3) a Class C felony if the amount of property is at least $50,000. Removes provisions relating to receiving stolen property. Makes forgery a Class D felony. Consolidates certain duplicative provisions and makes enhancements to certain crimes more uniform. Requires the criminal code evaluation commission to study truth in sentencing, good time credit and earned credit time, and felony classifications during the 2011 interim. Makes certain changes to drug offenses, including specifying that the sentencing enhancement for certain drug offenses committed within 1,000 feet of a school, park, public housing project, or youth program center only apply if children are present. Makes an appropriation. Repeals auto theft (same offense as theft) and terroristic deception (consolidated in other provisions). Permits the amendment of a habitual offender charging information at any time if the defendant's rights are not harmed. Authorizes a law enforcement officer to arrest a person who has committed theft, even if the theft is not committed in the officer's presence. Requires a sentencing court to inform the department of correction if a person is a credit restricted felon, and makes a person who commits additional offenses a credit restricted felon. Requires a court to order the expungement of a person's arrest record if the person is acquitted. Permits a person who has committed a non-violent misdemeanor or Class D felony to have disclosure of the conviction restricted to criminal justice agencies if the person does not commit an additional felony for eight years. Provides that a person commits burglary if the person breaks and enters with the intent to commit theft. Provides that certain funds from pretrial diversion or deferral fees may only be used to fund GPS monitoring programs. Prohibits persons charged with offenses that would qualify them as a credit restricted felon from paying a 10% cash bond. Requires the division of state court administration to implement a standard program for disseminating bulk court case information for a reasonable fee, and requires the Indiana office of technology to annually certify that case management systems operated or funded by the division of state court administration comply with this program. Recommends that the criminal law and sentencing policy study committee study development of a criminal information package. (The introduced version of this bill was prepared by the criminal code evaluation commission.)
    Current Status:
     In Committee - 2nd House
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