Be it enacted by the General Assembly of the State of Indiana:
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.
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.
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.
SECTION 5. IC 10-13-3-27, AS AMENDED BY SEA 132-2006,
SECTION 27, 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;
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.
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.
SECTION 10. IC 11-8-2-12.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 12.4. 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.
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 12.4 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.".
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.
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
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.
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:
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:
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).
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
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.
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).
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.
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.
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).
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:
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.
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).
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).
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).
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.
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.
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:
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.
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.
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
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.
SECTION 34. IC 35-44-3-9.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 9.3. (a) As used in this section,
"contraband" means the following:
(1) Alcohol.
(2) A cigarette or tobacco product.
(3) A controlled substance.
(4) An item that may be used as a weapon.
(b) As used in this section, "inmate outside a facility" means a
person who is incarcerated in a penal facility or detained in a
juvenile facility on a full-time basis as the result of a conviction or
a juvenile adjudication but who has been or is being transported to
another location to participate in or prepare for a judicial
proceeding. The term does not include the following:
(1) An adult or juvenile pretrial detainee.
(2) A person serving an intermittent term of imprisonment or
detention.
(3) A person serving a term of imprisonment or detention as:
(A) a condition of probation;
(B) a condition of a community corrections program;
(C) part of a community transition program;
(D) part of a reentry court program;
(E) part of a work release program; or
(F) part of a community based program that is similar to
a program described in clauses (A) through (E).
(4) A person who has escaped from incarceration or walked
away from secure detention.
(5) A person on temporary leave (as described in IC 11-10-9)
or temporary release (as described in IC 11-10-10).
(c) A person who, with the intent of providing contraband to an
inmate outside a facility:
(1) delivers contraband to an inmate outside a facility; or
(2) places contraband in a location where an inmate outside
a facility could obtain the contraband;
commits trafficking with an inmate outside a facility, a Class A
misdemeanor. However, the offense is a Class D felony if the
contraband is an item described in subsection (a)(3), and a Class C
felony if the contraband is an item described in subsection (a)(4).
SECTION 35. 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.
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:
(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.
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.
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:
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 3.2. (a) A court may admit a defendant to bail and
impose any of the following conditions to assure the defendant's
appearance at any stage of the legal proceedings, or, upon a showing
of clear and convincing evidence that the defendant poses a risk of
physical danger to another person or the community, to assure the
public's physical safety:
(1) Require the defendant to:
(A) execute a bail bond with sufficient solvent sureties;
(B) deposit cash or securities in an amount equal to the bail;
(C) execute a bond secured by real estate in the county, where
thirty-three hundredths (0.33) of the true tax value less
encumbrances is at least equal to the amount of the bail; or
(D) post a real estate bond.
The defendant must also pay the fee required by subsection (d).
(2) Require the defendant to execute a bail bond by depositing
cash or securities with the clerk of the court in an amount not less
than ten percent (10%) of the bail. If the defendant is convicted,
the court may retain all or a part of the cash or securities to pay
fines, costs, fees, and restitution, if ordered by the court. A portion
of the deposit, not to exceed ten percent (10%) of the monetary
value of the deposit or fifty dollars ($50), whichever is the lesser
amount, may be retained as an administrative fee. The clerk shall
also retain from the deposit under this subdivision the following:
(A) Fines, costs, fees, and restitution as ordered by the court.
(B) Publicly paid costs of representation that shall be disposed
of in accordance with subsection (b).
(C) In the event of the posting of a real estate bond, the bond
shall be used only to insure the presence of the defendant at
any stage of the legal proceedings, but shall not be foreclosed
for the payment of fines, costs, fees, or restitution.
(D) The fee required by subsection (d).
The individual posting bail for the defendant or the defendant
admitted to bail under this subdivision must be notified by the
sheriff, court, or clerk that the defendant's deposit may be
forfeited under section 7 of this chapter or retained under
subsection (b).
(3) Impose reasonable restrictions on the activities, movements,
associations, and residence of the defendant during the period of
release.
(4) Require the defendant to refrain from any direct or indirect
contact with an individual.
(5) Place the defendant under the reasonable supervision of a
probation officer, pretrial services agency, or other appropriate
public official. If the court places the defendant under the
supervision of a probation officer or pretrial services agency,
the court shall determine whether the defendant must pay the
pretrial services fee under section 3.3 of this chapter.
(6) Release the defendant into the care of a qualified person or
organization responsible for supervising the defendant and
assisting the defendant in appearing in court. The supervisor shall
maintain reasonable contact with the defendant in order to assist
the defendant in making arrangements to appear in court and,
where appropriate, shall accompany the defendant to court. The
supervisor need not be financially responsible for the defendant.
(7) Release the defendant on personal recognizance unless:
(A) the state presents evidence relevant to a risk by the
defendant:
(i) of nonappearance; or
(ii) to the physical safety of the public; and
(B) the court finds by a preponderance of the evidence that the
risk exists.
(8) Impose any other reasonable restrictions designed to assure
the defendant's presence in court or the physical safety of another
person or the community.
(b) Within thirty (30) days after disposition of the charges against
the defendant, the court that admitted the defendant to bail shall order
the clerk to remit the amount of the deposit remaining under subsection
(a)(2) to the defendant. The portion of the deposit that is not remitted
to the defendant shall be deposited by the clerk in the supplemental
public defender services fund established under IC 33-40-3.
(c) For purposes of subsection (b), "disposition" occurs when the
indictment or information is dismissed or the defendant is acquitted or
convicted of the charges.
(d) Except as provided in subsection (e), the clerk of the court shall:
(1) collect a fee of five dollars ($5) from each bond or deposit
required under subsection (a)(1); and
(2) retain a fee of five dollars ($5) from each deposit under
subsection (a)(2).
The clerk of the court shall semiannually remit the fees collected under
this subsection to the board of trustees of the public employees'
retirement fund for deposit in the the special death benefit fund. The
fee required by subdivision (2) is in addition to the administrative fee
retained under subsection (a)(2).
(e) With the approval of the clerk of the court, the county sheriff
may collect the bail posted under this section. The county sheriff shall
remit the bail to the clerk of the court by the following business day
and remit monthly the five dollar ($5) special death benefit fee to the
county auditor.
(f) When a court imposes a condition of bail described in subsection
(a)(4):
(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.
SECTION 43. IC 35-33-8-3.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 3.3. (a) This section does not
apply to a defendant charged in a city or town court.
(b) If a defendant who has a prior unrelated conviction for any
offense is charged with a new offense and placed under the
supervision of a probation officer or pretrial services agency, the
court may order the defendant to pay the pretrial services fee
prescribed under subsection (e) if:
(1) the defendant has the financial ability to pay the fee; and
(2) the court finds by clear and convincing evidence that
supervision by a probation officer or pretrial services agency
is necessary to ensure the:
(A) defendant's appearance in court; or
(B) physical safety of the community or of another person.
(c) If a clerk of a court collects a pretrial services fee, the clerk
may retain not more than three percent (3%) of the fee to defray
the administrative costs of collecting the fee. The clerk shall deposit
amounts retained under this subsection in the clerk's record
perpetuation fund established under IC 33-37-5-2.
(d) If a clerk of a court collects a pretrial services fee from a
defendant, upon request of the county auditor, the clerk shall
transfer not more than three percent (3%) of the fee to the county
auditor for deposit in the county general fund.
(e) The court may order a defendant who is supervised by a
probation officer or pretrial services agency and charged with an
offense to pay:
(1) an initial pretrial services fee of at least twenty-five dollars
($25) and not more than one hundred dollars ($100);
(2) a monthly pretrial services fee of at least fifteen dollars
($15) and not more than thirty dollars ($30) for each month
the defendant remains on bail and under the supervision of a
probation officer or pretrial services agency; and
(3) an administrative fee of one hundred dollars ($100);
to the probation department, pretrial services agency, or clerk of
the court if the defendant meets the conditions set forth in
subsection (b).
(f) The probation department, pretrial services agency, or clerk
of the court shall collect the administrative fee under subsection
(e)(3) before collecting any other fee under subsection (e). Except
for the money described in subsections (c) and (d), all money
collected by the probation department, pretrial services agency, or
clerk of the court under this section shall be transferred to the
county treasurer, who shall deposit fifty percent (50%) of the
money into the county supplemental adult probation services fund
and fifty percent (50%) of the money into the county supplemental
public defender services fund (IC 33-40-3-1). The fiscal body of the
county shall appropriate money from the county supplemental
adult probation services fund:
(1) to the county, superior, or circuit court of the county that
provides probation services or pretrial services to adults to
supplement adult probation services or pretrial services; and
(2) to supplement the salary of:
(A) an employee of a pretrial services agency; or
(B) a probation officer in accordance with the schedule
adopted by the county fiscal body under IC 36-2-16.5.
(g) The county supplemental adult probation services fund may
be used only to supplement adult probation services or pretrial
services and to supplement salaries for probation officers or
employees of a pretrial services agency. A supplemental probation
services fund may not be used to replace other probation services
or pretrial services funding. Any money remaining in the fund at
the end of a fiscal year does not revert to any other fund but
continues in the county supplemental adult probation services
fund.
(h) A defendant who is charged with more than one (1) offense
and who is supervised by the probation department or pretrial
services agency as a condition of bail may not be required to pay
more than:
(1) one (1) initial pretrial services fee; and
(2) one (1) monthly pretrial services fee per month.
(i) A probation department or pretrial services agency may
petition a court to:
(1) impose a pretrial services fee on a defendant; or
(2) increase a defendant's pretrial services fee;
if the financial ability of the defendant to pay a pretrial services fee
changes while the defendant is on bail and supervised by a
probation officer or pretrial services agency.
(j) An order to pay a pretrial services fee under this section:
(1) is a judgment lien that, upon the defendant's conviction:
(A) attaches to the property of the defendant;
(B) may be perfected;
(C) may be enforced to satisfy any payment that is
delinquent under this section; and
(D) expires;
in the same manner as a judgment lien created in a civil
proceeding;
(2) is not discharged by the disposition of charges against the
defendant or by the completion of a sentence, if any, imposed
on the defendant;
(3) is not discharged by the liquidation of a defendant's estate
by a receiver under IC 32-30-5; and
(4) is immediately terminated if a defendant is acquitted or if
charges against the defendant are dropped.
(k) If a court orders a defendant to pay a pretrial services fee,
the court may, upon the defendant's conviction, enforce the order
by garnishing the wages, salary, and other income earned by the
defendant.
(l) If a defendant is delinquent in paying the defendant's pretrial
services fee and has never been issued a driver's license or permit,
upon the defendant's conviction, the court may order the bureau
of motor vehicles to not issue a driver's license or permit to the
defendant until the defendant has paid the defendant's delinquent
pretrial services fee. If a defendant is delinquent in paying the
defendant's pretrial services fee and the defendant's driver's
license or permit has been suspended or revoked, the court may
order the bureau of motor vehicles to not reinstate the defendant's
driver's license or permit until the defendant has paid the
defendant's delinquent pretrial services fee.
(m) In addition to other methods of payment allowed by law, a
probation department or pretrial services agency may accept
payment of a pretrial services fee by credit card (as defined in
IC 14-11-1-7(a)). The liability for payment is not discharged until
the probation department or pretrial services agency receives
payment or credit from the institution responsible for making the
payment or credit.
(n) The probation department or pretrial services agency may
contract with a bank or credit card vendor for acceptance of a
bank or credit card. However, if there is a vendor transaction
charge or discount fee, whether billed to the probation department
or pretrial services agency, or charged directly to the account of
the probation department or pretrial services agency, the
probation department or pretrial services agency may collect a
credit card service fee from the person using the bank or credit
card. The fee collected under this subsection is a permitted
additional charge to the fee or fees the defendant may be required
to pay under subsection (e).
(o) The probation department or pretrial services agency shall
forward a credit card service fee collected under subsection (n) to
the county treasurer in accordance with subsection (f). These funds
may be used without appropriation to pay the transaction charge
or discount fee charged by the bank or credit card vendor.
SECTION 44. IC 5-2-1-9, AS AMENDED BY P.L.2-2005,
SECTION 12, P.L.52-2005, SECTION 6, P.L.170-2005, SECTION 8,
AND P.L.227-2005, SECTION 2, IS CORRECTED AND AMENDED
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 9. (a)
The board shall adopt in accordance with IC 4-22-2 all necessary rules
to carry out the provisions of this chapter. Such The rules, which shall
be adopted only after necessary and proper investigation and inquiry by
the board, shall include the establishment of the following:
(1) Minimum standards of physical, educational, mental, and
moral fitness which shall govern the acceptance of any person for
training by any law enforcement training school or academy
meeting or exceeding the minimum standards established
pursuant to this chapter.
(2) Minimum standards for law enforcement training schools
administered by towns, cities, counties, the northwest Indiana law
enforcement training center, centers, agencies, or departments of
the state.
(3) Minimum standards for courses of study, attendance
requirements, equipment, and facilities for approved town, city,
county, and state law enforcement officer, police reserve officer,
and conservation reserve officer training schools.
(4) Minimum standards for a course of study on cultural diversity
awareness that must be required for each person accepted for
training at a law enforcement training school or academy.
(5) Minimum qualifications for instructors at approved law
enforcement training schools.
(6) Minimum basic training requirements which law enforcement
officers appointed to probationary terms shall complete before
being eligible for continued or permanent employment.
(7) Minimum basic training requirements which law enforcement
officers not appointed for probationary terms but appointed on
other than a permanent basis shall complete in order to be eligible
for continued employment or permanent appointment.
(8) Minimum basic training requirements which law enforcement
officers appointed on a permanent basis shall complete in order
to be eligible for continued employment.
(9) Minimum basic training requirements for each person
accepted for training at a law enforcement training school or
academy that include six (6) hours of training in interacting with
persons with mental illness, addictive disorders, mental
retardation, and developmental disabilities, to be provided by
persons approved by the secretary of family and social services
and the law enforcement training board.
(10) Minimum standards for a course of study on human and
sexual trafficking that must be required for each person
accepted for training at a law enforcement training school or
academy and for inservice training programs for law
enforcement officers. The course must cover the following
topics:
(A) Examination of the human and sexual trafficking laws
(IC 35-42-3.5).
(B) Identification of human and sexual trafficking.
(C) Communicating with traumatized persons.
(D) Therapeutically appropriate investigative techniques.
(E) Collaboration with federal law enforcement officials.
(F) Rights of and protections afforded to victims.
(G) Providing documentation that satisfies the Declaration
of Law Enforcement Officer for Victim of Trafficking in
Persons (Form I-914, Supplement B) requirements
established under federal law.
(H) The availability of community resources to assist
human and sexual trafficking victims.
(b) Except as provided in subsection (l), a law enforcement officer
appointed after July 5, 1972, and before July 1, 1993, may not enforce
the laws or ordinances of the state or any political subdivision unless
the officer has, within one (1) year from the date of appointment,
successfully completed the minimum basic training requirements
established under this chapter by the board. If a person fails to
successfully complete the basic training requirements within one (1)
year from the date of employment, the officer may not perform any of
the duties of a law enforcement officer involving control or direction
of members of the public or exercising the power of arrest until the
officer has successfully completed the training requirements. This
subsection does not apply to any law enforcement officer appointed
before July 6, 1972, or after June 30, 1993.
(c) Military leave or other authorized leave of absence from law
enforcement duty during the first year of employment after July 6,
1972, shall toll the running of the first year, which in such cases shall
be calculated by the aggregate of the time before and after the leave, for
the purposes of this chapter.
(d) Except as provided in subsections (e), and (l), and (n), (q), a law
enforcement officer appointed to a law enforcement department or
agency after June 30, 1993, may not:
(1) make an arrest;
(2) conduct a search or a seizure of a person or property; or
(3) carry a firearm;
unless the law enforcement officer successfully completes, at a board
certified law enforcement academy at the southwest Indiana law
enforcement training academy under section 10.5 of this chapter, or at
the northwest Indiana a law enforcement training center under section
10.5 or 15.2 of this chapter, the basic training requirements established
by the board under this chapter.
(e) This subsection does not apply to a gaming agent employed as
a law enforcement officer by the Indiana gaming commission. Before
a law enforcement officer appointed after June 30, 1993, completes the
basic training requirements, the law enforcement officer may exercise
the police powers described in subsection (d) if the officer successfully
completes the pre-basic course established in subsection (f). Successful
completion of the pre-basic course authorizes a law enforcement officer
to exercise the police powers described in subsection (d) for one (1)
year after the date the law enforcement officer is appointed.
any either of the following:
(1) An emergency situation.
(2) The unavailability of courses.
(h) The board shall also adopt rules establishing a town marshal
basic training program, subject to the following:
(1) The program must require fewer hours of instruction and class
attendance and fewer courses of study than are required for the
mandated basic training program.
(2) Certain parts of the course materials may be studied by a
candidate at the candidate's home in order to fulfill requirements
of the program.
(3) Law enforcement officers successfully completing the
requirements of the program are eligible for appointment only in
towns employing the town marshal system (IC 36-5-7) and having
no not more than one (1) marshal and two (2) deputies.
(4) The limitation imposed by subdivision (3) does not apply to an
officer who has successfully completed the mandated basic
training program.
(5) The time limitations imposed by subsections (b) and (c) for
completing the training are also applicable to the town marshal
basic training program.
(i) The board shall adopt rules under IC 4-22-2 to establish a police
chief an executive training program. The executive training program
must include training in the following areas:
(1) Liability.
(2) Media relations.
(3) Accounting and administration.
(4) Discipline.
(5) Department policy making.
(6) Firearm policies.
(6) Lawful use of force.
(7) Department programs.
(8) Emergency vehicle operation.
(9) Cultural diversity.
(j) A police chief shall apply for admission to the police chief
executive training program within two (2) months of the date the police
chief initially takes office. A police chief must successfully complete
the police chief executive training program within six (6) months of the
date the police chief initially takes office. However, if space in the
executive training program is not available at a time that will allow the
police chief to complete completion of the executive training program
within six (6) months of the date the police chief initially takes office,
the police chief must successfully complete the next available executive
training program that is offered to the police chief after the police chief
initially takes office.
(k) A police chief who fails to comply with subsection (j) may not
continue to serve as the police chief until the police chief has
completed the police chief completion of the executive training
program. For the purposes of this subsection and subsection (j), "police
chief" refers to:
(1) the police chief of any city; and
(2) the police chief of any town having a metropolitan police
department; and
(3) the chief of a consolidated law enforcement department
established under IC 36-3-1-5.1.
A town marshal is not considered to be a police chief for these
purposes, but a town marshal may enroll in the police chief executive
training program.
(l) An A fire investigator in the arson division of the office of the
state fire marshal division of fire and building safety appointed
(1) before January 1, 1994, is not required; or
(2) after December 31, 1993, is required
to comply with the basic training standards established under this
section. chapter.
(m) The board shall adopt rules under IC 4-22-2 to establish a
program to certify handgun safety courses, including courses offered
in the private sector, that meet standards approved by the board for
training probation officers in handgun safety as required by
IC 11-13-1-3.5(3).
(n) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an officer who:
(1) is hired by an Indiana law enforcement department or agency
as a law enforcement officer;
(2) worked as a full-time law enforcement officer for at least one
(1) year before the officer is hired under subdivision (1);
(3) has not been employed as a law enforcement officer for at
least two (2) years and less than six (6) years before the officer is
hired under subdivision (1) due to the officer's resignation or
retirement; and
(4) completed a basic training course certified by the board
before the officer is hired under subdivision (1).
(o) An officer to whom subsection (n) applies must successfully
complete the refresher course described in subsection (n) not later
than six (6) months after the officer's date of hire, or the officer loses
the officer's powers of:
(1) arrest;
(2) search; and
(3) seizure.
(p) A law enforcement officer who:
(1) has completed a basic training course certified by the board;
and
(2) has not been employed as a law enforcement officer in the six
(6) years before the officer is hired as a law enforcement officer;
is not eligible to attend the refresher course described in subsection (n)
and must repeat the full basic training course to regain law
enforcement powers.
(n) (q) This subsection applies only to a gaming agent employed as
a law enforcement officer by the Indiana gaming commission. A
gaming agent appointed after June 30, 2005, may exercise the police
powers described in subsection (d) if:
(1) the agent successfully completes the pre-basic course
established in subsection (f); and
(2) the agent successfully completes any other training courses
established by the Indiana gaming commission in conjunction
with the board.
SECTION 45. IC 12-13-5-2, AS AMENDED BY P.L.234-2005,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 2. The division shall administer the following:
(1) Any sexual offense services.
(2) A child development associate scholarship program.
(3) Any school age dependent care program.
(4) Migrant day care services.
(5) Prevention services to high risk youth.
(6) Any commodities program.
(7) The migrant nutrition program.
(8) Any emergency shelter programs.
(9) Any weatherization programs.
(10) The Housing Assistance Act of 1937 (42 U.S.C. 1437).
(11) The home visitation and social services program.
(12) The educational consultants program.
(13) Community restitution or service programs.
(14) The crisis nursery program.
(15) Energy assistance programs.
the defendant will cause the protected person to suffer
serious emotional distress such that the protected person
cannot reasonably communicate.
(ii) The protected person cannot participate in the trial for
medical reasons.
(iii) The court has determined that the protected person is
incapable of understanding the nature and obligation of an
oath.
(f) If a protected person is unavailable to testify at the trial for a
reason listed in subsection (e)(2)(B), a statement or videotape may be
admitted in evidence under this section only if the protected person was
available for cross-examination:
(1) at the hearing described in subsection (e)(1); or
(2) when the statement or videotape was made.
(g) A statement or videotape may not be admitted in evidence under
this section unless the prosecuting attorney informs the defendant and
the defendant's attorney at least ten (10) days before the trial of:
(1) the prosecuting attorney's intention to introduce the statement
or videotape in evidence; and
(2) the content of the statement or videotape.
(h) If a statement or videotape is admitted in evidence under this
section, the court shall instruct the jury that it is for the jury to
determine the weight and credit to be given the statement or videotape
and that, in making that determination, the jury shall consider the
following:
(1) The mental and physical age of the person making the
statement or videotape.
(2) The nature of the statement or videotape.
(3) The circumstances under which the statement or videotape
was made.
(4) Other relevant factors.
(i) If a statement or videotape described in subsection (d) is
admitted into evidence under this section, a defendant may introduce
a:
(1) transcript; or
(2) videotape;
of the hearing held under subsection (e)(1) into evidence at trial.
SECTION 49. IC 35-37-4-8, AS AMENDED BY P.L.2-2005,
SECTION 121, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 8. (a) This section applies to a
criminal action under the following:
represented by an attorney, the defendant may question the
protected person.
(h) If the court makes an order under subsection (c) or (d), only the
following persons may question the protected person:
(1) The prosecuting attorney.
(2) The defendant's attorney (or the defendant, if the defendant is
not represented by an attorney).
(3) The judge.
SECTION 50. IC 35-41-1-6.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6.5. "Crime involving
domestic or family violence" means a crime that occurs when a family
or household member commits, attempts to commit, or conspires to
commit any of the following against another family or household
member:
(1) A homicide offense under IC 35-42-1.
(2) A battery offense under IC 35-42-2.
(3) Kidnapping or confinement under IC 35-42-3.
(4) Human and sexual trafficking crimes under IC 35-42-3.5.
(4) (5) A sex offense under IC 35-42-4.
(5) (6) Robbery under IC 35-42-5.
(6) (7) Arson or mischief under IC 35-43-1.
(7) (8) Burglary or trespass under IC 35-43-2.
(8) (9) Disorderly conduct under IC 35-45-1.
(9) (10) Intimidation or harassment under IC 35-45-2.
(10) (11) Voyeurism under IC 35-45-4.
(11) (12) Stalking under IC 35-45-10.
(12) (13) An offense against family under IC 35-46-1-2 through
IC 35-46-1-8, IC 35-46-1-12, or IC 35-46-1-15.1.
SECTION 51. IC 35-42-1-1, AS AMENDED BY ESB 193-2006,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 1. A person who:
(1) knowingly or intentionally kills another human being;
(2) kills another human being while committing or attempting to
commit arson, burglary, child molesting, consumer product
tampering, criminal deviate conduct, kidnapping, rape, robbery,
human trafficking, promotion of human trafficking, sexual
trafficking of a minor, or carjacking;
(3) kills another human being while committing or attempting to
commit:
(A) dealing in or manufacturing cocaine or a narcotic drug
(IC 35-48-4-1);
alleged victim with a letter explaining the grounds for the denial of
the LEA Declaration. After receiving a denial letter, the alleged
victim may submit additional evidence to the law enforcement
agency. If the alleged victim submits additional evidence, the law
enforcement agency shall reconsider the denial of the LEA
Declaration not more than seven (7) days after the date the agency
receives the additional evidence.
SECTION 53. IC 35-45-6-1, AS AMENDED BY ESB 193-2006,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 1. As used in this chapter:
"Documentary material" means any document, drawing, photograph,
recording, or other tangible item containing compiled data from which
information can be either obtained or translated into a usable form.
"Enterprise" means:
(1) a sole proprietorship, corporation, limited liability company,
partnership, business trust, or governmental entity; or
(2) a union, an association, or a group, whether a legal entity or
merely associated in fact.
"Pattern of racketeering activity" means engaging in at least two (2)
incidents of racketeering activity that have the same or similar intent,
result, accomplice, victim, or method of commission, or that are
otherwise interrelated by distinguishing characteristics that are not
isolated incidents. However, the incidents are a pattern of racketeering
activity only if at least one (1) of the incidents occurred after August
31, 1980, and if the last of the incidents occurred within five (5) years
after a prior incident of racketeering activity.
"Racketeering activity" means to commit, to attempt to commit, to
conspire to commit a violation of, or aiding and abetting in a violation
of any of the following:
(1) A provision of IC 23-2-1, or of a rule or order issued under
IC 23-2-1.
(2) A violation of IC 35-45-9.
(3) A violation of IC 35-47.
(4) A violation of IC 35-49-3.
(5) Murder (IC 35-42-1-1).
(6) Battery as a Class C felony (IC 35-42-2-1).
(7) Kidnapping (IC 35-42-3-2).
(8) Human and sexual trafficking crimes (IC 35-42-3.5).
(8) (9) Child exploitation (IC 35-42-4-4).
(9) (10) Robbery (IC 35-42-5-1).
(10) (11) Carjacking (IC 35-42-5-2).
date of sentencing) as a result of the crime;
(3) the cost of medical laboratory tests to determine if the crime
has caused the victim to contract a disease or other medical
condition;
(4) earnings lost by the victim (before the date of sentencing) as
a result of the crime including earnings lost while the victim was
hospitalized or participating in the investigation or trial of the
crime; and
(5) funeral, burial, or cremation costs incurred by the family or
estate of a homicide victim as a result of the crime.
(b) A restitution order under subsection (a), or (i), or (j) is a
judgment lien that:
(1) attaches to the property of the person subject to the order;
(2) may be perfected;
(3) may be enforced to satisfy any payment that is delinquent
under the restitution order by the person in whose favor the order
is issued or the person's assignee; and
(4) expires;
in the same manner as a judgment lien created in a civil proceeding.
(c) When a restitution order is issued under subsection (a), the
issuing court may order the person to pay the restitution, or part of the
restitution, directly to:
(1) the victim services division of the Indiana criminal justice
institute in an amount not exceeding:
(A) the amount of the award, if any, paid to the victim under
IC 5-2-6.1; and
(B) the cost of the reimbursements, if any, for emergency
services provided to the victim under IC 16-10-1.5 (before its
repeal) or IC 16-21-8; or
(2) a probation department that shall forward restitution or part of
restitution to:
(A) a victim of a crime;
(B) a victim's estate; or
(C) the family of a victim who is deceased.
The victim services division of the Indiana criminal justice institute
shall deposit the restitution it receives under this subsection in the
violent crime victims compensation fund established by IC 5-2-6.1-40.
(d) When a restitution order is issued under subsection (a), (i), or (j),
the issuing court shall send a certified copy of the order to the clerk of
the circuit court in the county where the felony or misdemeanor charge
was filed. The restitution order must include the following information:
commission of the offense under IC 35-43-5-3.5. If, after a person is
sentenced for an offense under IC 35-43-5-3.5, a victim, a victim's
estate, or the family of a victim discovers or incurs additional expenses
that result from the convicted person's commission of the offense under
IC 35-43-5-3.5, the court may issue one (1) or more restitution orders
to require the convicted person to make restitution, even if the court
issued a restitution order at the time of sentencing. For purposes of
entering a restitution order after sentencing, a court has continuing
jurisdiction over a person convicted of an offense under IC 35-43-5-3.5
for five (5) years after the date of sentencing. Each restitution order
issued for a violation of IC 35-43-5-3.5 must comply with subsections
(b), (d), (e), and (g), and is not discharged by the completion of any
probationary period or other sentence imposed for an offense under
IC 35-43-5-3.5.
(k) The court shall order a person convicted of an offense under
IC 35-42-3.5 to make restitution to the victim of the crime in an
amount equal to the greater of the following:
(1) The gross income or value to the person of the victim's
labor or services.
(2) The value of the victim's labor as guaranteed under the
minimum wage and overtime provisions of:
(A) the federal Fair Labor Standards Act of 1938, as
amended (29 U.S.C. 201-209); or
(B) IC 22-2-2 (Minimum Wage);
whichever is greater.
SECTION 55. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2006]: IC 5-2-6-3.5; IC 5-2-12.
SECTION 56. [EFFECTIVE JULY 1, 2006] (a) The sentencing
policy study committee shall study issues related to human and
sexual trafficking.
(b) This SECTION expires December 31, 2006.
SECTION 57. [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 35-42-4-11 and IC 35-43-1-2, both as
amended by this act, apply only to crimes committed after June 30,
2006.
SECTION 58. [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.
SECTION 59. [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.
SECTION 60. [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.
SECTION 61. [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.
SECTION 62. 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.
SECTION 63. [EFFECTIVE JULY 1, 2006] IC 35-44-3-9.3, as
added by this act, applies only to crimes committed after June 30,
2006.
SECTION 64. An emergency is declared for this act.
Date: