Criminal Law

DEPARTMENT OF CORRECTION (FRYE R) Amends and updates certain terms involving direct placement in a community corrections program. Updates the definition of "community corrections program". Specifies that a court may suspend any portion of a sentence and order a person to be placed in a community corrections program for the part of the sentence which must be executed. Provides that a person placed on a level of supervision as part of a community corrections program: (1) is entitled to earned good time credit; (2) may not earn educational credit; and (3) may be deprived of earned good time credit. Provides that when a person completes a placement program, the court may place the person on probation. Provides that a court may commit a person convicted of a Level 6 felony for an offense committed after June 30, 2022, to the department of correction (department), and that, consistent with current law, a court may commit a person convicted of a Level 6 felony for an offense committed before July 1, 2022, to the department only if certain circumstances exist. Establishes certain conditions of parole for a person on lifetime parole and makes the violation of parole conditions and commission of specified other acts by a person on lifetime parole a Level 6 felony, with an enhancement to a Level 5 felony for a second or subsequent offense. Provides that, for purposes of calculating accrued time and good time credit, a calendar day includes a partial calendar day. Makes conforming changes.

3/8/2022 - Public Law 45

YOUTH OFFENDER BOOT CAMPS AND INMATE CALLING SERVICES (DEVON D) Provides that juvenile offenders may not be placed in department of correction boot camps beginning July 1, 2022. Provides, for purposes of juvenile offenders who are already participating in the boot camp program on July 1, 2022, that the boot camp program expires December 31, 2023. Provides that a rate for intrastate: (1) collect calling; (2) debit calling; (3) prepaid calling; or (4) prepaid collect calling; in connection with inmate calling services shall not exceed the rate cap for the comparable interstate service, as set by the Federal Communications Commission (FCC) and in effect at the time the call is initiated. Provides that this intrastate rate cap is subject to any distinctions in the comparable interstate rate cap set by the FCC that are based on: (1) the type or size of the correctional facility from which the inmate calling services call is placed; and (2) whether any site commission is sought to be recovered through the intrastate rate. Specifies that a provider that has been granted a waiver by the FCC from the interstate rate caps with respect to a particular: (1) correctional facility; or (2) contract for the provision of inmate calling services; is not subject to the intrastate rate caps for the comparable intrastate services provided to the same correctional facility or under the same contract. Prohibits a provider from charging an ancillary service charge for an intrastate inmate calling services call, other than those ancillary service charges permitted by the FCC for interstate or international inmate calling services calls at the time the call is initiated. Provides that a rate for a permitted ancillary service charge for an intrastate inmate calling services call shall not exceed the rate for the comparable ancillary service charge permitted by the FCC for interstate or international inmate calling services calls at the time the call is initiated. Specifies that a provider that has been granted a waiver by the FCC from the ancillary service charge caps for interstate or international inmate calling services calls with respect to a particular: (1) correctional facility; or (2) contract for the provision of inmate calling services; is not subject to the intrastate caps for the comparable intrastate ancillary services provided to the same correctional facility or under the same contract. Prohibits a provider of inmate calling services from impeding the completion of, or otherwise degrading, intrastate collect calling based on the lack of a billing relationship with the called party's communications service provider. Prohibits a provider from charging any taxes or fees in connection with intrastate inmate calling services calls, except for: (1) authorized fees; and (2) mandatory taxes and fees. Provides that: (1) authorized fees; and (2) mandatory taxes and fees; may not include a markup, unless the markup is specifically authorized by a federal, state, or local statute, rule, or regulation. Prohibits a provider from: (1) imposing a per call or per connection charge for any intrastate inmate calling services call; or (2) offering flat rate calling for intrastate inmate calling services. Provides that after June 30, 2022, a provider shall not enter into or renew a contract for the provision of inmate calling services at a correctional facility in Indiana unless the terms of the contract comply with these provisions. Provides that any term, condition, or provision that: (1) is included in such a contract; and (2) violates these provisions; is void. Provides that a provider that violates these provisions: (1) commits a deceptive act that is actionable by the attorney general or by a consumer under the deceptive consumer sales act (act); and (2) is subject to the remedies and penalties under the act.

3/7/2022 - Public Law 34

ELEMENTS OF RAPE (NEGELE S) Provides that a person commits rape if the person engages in sexual activity with another person and the person disregards the other person's attempts to refuse the person's acts.

3/11/2022 - Public Law 92

COERCED ABORTION (KING J) Requires that a pregnant woman seeking an abortion must be informed that a coerced abortion is illegal. Provides those certain medical personnel must inquire with a pregnant woman seeking an abortion whether the abortion is coerced. Requires certain medical personnel who believe that an abortion is coerced to offer the pregnant woman information on certain services, the use of a telephone, and an alternative exit from the health care facility. Makes it a Level 6 felony if a person knowingly or intentionally coerces a pregnant woman into having an abortion. Mandates reports of a coerced abortion to law enforcement. Provides that a law enforcement agency must immediately respond and initiate an investigation upon receipt of a complaint of coercion or attempted coercion. Makes it a Class C infraction if a reproductive health facility knowingly employs a mandatory reporter who violates the mandatory reporting statute.

3/11/2022 - Public Law 93

5. HB1283

RESTRAINT OF PREGNANT INMATES; PREGNANCY FROM CERTAIN SEX OFFENSES (FLEMING R) Provides that a correctional facility, including a jail, shall: (1) use the least restrictive restraints necessary on a pregnant inmate when the pregnant inmate is in the second or third trimester of pregnancy; or (2) use no restraints on a pregnant inmate who is in labor, delivering a baby, during the immediate postdelivery period, or dealing with a medical emergency related to the pregnancy, with certain exceptions. Repeals the current statute concerning prenatal and postnatal care and treatment and incorporates it into the new chapter concerning pregnant inmates. Adds sexual misconduct with a service provider as a Level 4 felony to the definition of "violent offense", and requires a person convicted of: (1) sexual misconduct with a service provider; (2) child molesting; and (3) rape; to pay restitution for pregnancy and childbirth expenses to the victim if the pregnancy is a result of the offense.

3/10/2022 - Public Law 78

FIREARMS MATTERS (SMALTZ B) Repeals the law that requires a person to obtain a license to carry a handgun in Indiana. Specifies that certain persons who are not otherwise prohibited from carrying or possessing a handgun are not required to obtain or possess a license or permit from the state to carry a handgun in Indiana. Prohibits certain individuals from knowingly or intentionally carrying a handgun. Creates the crime of "unlawful carrying of a handgun" and specifies the penalties for committing this crime. Allows particular individuals who do not meet the requirements to receive a handgun license and are not otherwise prohibited to carry a handgun in limited places. Allows a resident of Indiana to obtain in certain circumstances a license to carry a handgun in Indiana. Makes theft of a firearm a Level 5 felony. Defines certain terms. Makes conforming amendments and repeals obsolete provisions.

3/21/2022 - Public Law 175

BAIL (MAYFIELD P) Defines "charitable bail organization" and allows a charitable organization to pay bail on behalf of specified defendants if the organization meets certain criteria and is certified by the commissioner of the department of insurance (commissioner). Specifies the circumstances under which a certification may be revoked, and exempts from the certification requirement a person that pays bail for: (1) not more than three individuals in any 180-day period; or (2) a relative. Requires the commissioner to adopt rules, including emergency rules, for the certification of charitable bail organizations. Prohibits the state and a political subdivision from: (1) posting bail for any person; or (2) for the purpose of posting bail for any person, providing a grant or other funding, directly or indirectly, to an entity that posts bail for any person. Requires a person paying cash bail, including a charitable bail organization, to execute an agreement allowing the court to retain all or part of the bail to pay certain court costs. Requires that bail be returned to the person who posted it. Provides that a case management system developed and operated by the office of judicial administration must include a searchable field for certain information of the bail agent or a person authorized by the surety that pays bail for an individual.

3/15/2022 - Public Law 147

JUVENILE LAW MATTERS (MCNAMARA W) Requires the commission on improving the status of children in Indiana (commission) to create a statewide juvenile justice oversight body (oversight body) to do the following: (1) Develop a plan to collect and report statewide juvenile justice data. (2) Establish procedures and policies related to the use of certain screening tools and assessments. (3) Develop a statewide plan to address the provision of broader behavioral health services to children in the juvenile justice system. (4) Develop a plan for the provision of transitional services for a child who is a ward of the department of correction. (5) Develop a plan for the juvenile diversion and community alternatives grant programs. Provides that the oversight body shall, not later than July 1, 2023, submit to the commission and the legislative council: (1) the plan for the juvenile diversion and community alternatives grants programs; and (2) the juvenile justice data collection plan and the plan for the use of screening tools, assessments, and services. Requires the judicial conference of Indiana to develop statewide juvenile probation standards that are aligned with research-based practices, and requires the board of directors of the judicial conference of Indiana to approve the standards by July 1, 2023. Requires the use of a risk and needs assessment tool, a risk screening tool, and a diagnostic assessment when evaluating a child at specific points in the juvenile justice system to identify the child's risk for re-offense. Requires an intake officer and the juvenile court to use the results of a detention tool to inform the use of secure detention and document the reason for the use of detention if the tool is overridden. Requires a court to: (1) after use of a detention tool, include in a court order the reason for a juvenile detention override; and (2) submit details of the juvenile detention override to the office of judicial administration (office). Requires the office to provide an annual report to the governor, chief justice, and legislative council before December 1 of each year that includes information about a court's use of a detention tool and reasons for overriding the results of the detention tool. Provides that a child less than 12 years of age cannot be detained unless detention is essential to protect the community and no reasonable alternatives exist to reduce the risk. Establishes a procedure for juvenile diversion. Requires the office to provide an annual report to the governor, chief justice, and legislative council before December 1 of each year that includes data on any child diverted through the juvenile diversion program. Repeals provisions requiring a child who participates in a program of informal adjustment to pay an informal adjustment program fee. Provides that a child who is a ward of the department of correction may receive at least three months of transitional services to support reintegration of the child back into the community and to reduce recidivism. Requires the department of correction to provide an annual report to the governor, chief justice, and legislative council before December 1 of each year that includes collected data that will help assess the impact of reintegration improvements for juveniles, including tracking recidivism beyond incarceration and into the adult system. Provides that a juvenile court may recommend telehealth services as an alternative to a child receiving a diagnostic assessment. Establishes: (1) the juvenile diversion and community alternatives grant programs and grant programs fund; and (2) the juvenile behavioral health competitive grant pilot program and grant pilot program fund; as of July 1, 2023. Requires the Indiana criminal justice institute (institute) to administer each program and fund. Requires the local or regional justice reinvestment advisory council or another local collaborative body to oversee certain juvenile community alternatives grants awarded to a county. Requires the institute to prepare an annual report to the governor, chief justice, and legislative council before December 1 of each year that details certain performance measures that counties receiving grants must collect and report. Requires the office of judicial administration to administer the statewide juvenile justice data aggregation plan. Makes conforming changes. Makes a technical correction.

3/11/2022 - Public Law 101

MARION COUNTY CRIME REDUCTION PILOT (SANDLIN J) Establishes the Marion County crime reduction board (board) as part of the Marion County crime reduction pilot project. Allows the board to approve interoperability agreements between law enforcement agencies to expand the duties and responsibilities of law enforcement agencies operating in downtown Indianapolis. Requires the board to annually report certain information to the legislative council.

3/14/2022 - Public Law 103

ELECTRONIC MONITORING STANDARDS (WALKER K) Requires the justice reinvestment advisory council to conduct a review of statutes concerning electronic monitoring and home detention and provide a recommendation with regard to electronic monitoring standards to the legislative council in an electronic format not later than December 1, 2022. Establishes standards, including notification time frames, for persons and entities responsible for monitoring individuals required to wear a monitoring device as a condition of probation, parole, pretrial release, or community corrections. Provides immunity for acts or omissions performed in connection with implementing monitoring standards. Provides that a defendant commits escape if: (1) the defendant disables or interferes with the operation of an electronic monitoring device; or (2) the defendant violates certain conditions of home detention (under current law, any violation of a condition of home detention constitutes escape). Makes escape committed by a juvenile status offender a status offense under certain circumstances. Makes conforming amendments.

3/11/2022 - Public Law 84

SENTENCE ENHANCEMENT FOR USE OF FIREARM (GASKILL M) Adds an investigator for the inspector general to the definition of "police officer" for purposes of the statute providing a sentence enhancement for individuals who point or discharge a firearm at a police officer while committing certain crimes.

3/7/2022 - Public Law 4

OBSTRUCTION OF JUSTICE (CRIDER M) Provides that a person commits obstruction of justice if the person induces a witness in a legal proceeding to: (1) withhold or delay producing evidence that the witness is legally required to produce; (2) avoid a subpoena or court order; (3) not appear at a proceeding to which the witness has been summoned; or (4) give a false or materially misleading statement. Provides that a person commits obstruction of justice, as a Level 5 felony, if the person induces a witness to give a false or materially misleading statement during the investigation or pendency of a domestic violence or child abuse case. Establishes a uniform definition of "communicates" for the criminal code. Makes other changes and conforming amendments.

3/7/2022 - Public Law 5

POLICE LOG INFORMATION (WALKER K) Provides that certain information contained in a daily log of a law enforcement agency relating to the victim of a crime or delinquent act who is less than 18 years of age may not be disclosed by a public agency without the consent of the child's parent, guardian, or custodian, unless access to the records is specifically required by a state or federal statute or is ordered by a court under the rules of discovery. Provides that the information may be disclosed to the department of child services. Provides that a law enforcement agency shall maintain a daily log or record that lists suspected or investigated crimes, accidents, or complaints. (Current law provides that a law enforcement agency shall maintain a daily log or record that lists suspected crimes, accidents, or complaints.) Prohibits, after June 30, 2023, the broadcast of a Social Security number by police radio unless the broadcast is encrypted.

3/11/2022 - Public Law 86

PROSECUTING ATTORNEYS (KOCH E) Permits a prosecuting attorney to purchase a crime insurance policy instead of executing a surety bond. Permits the department of child services or a prosecuting attorney to file a paternity action in certain cases. Renames the drug prosecution fund as the substance abuse prosecution fund. Broadens the types of expenses a county auditor shall pay the prosecuting attorney in connection with a criminal case. Allows a prosecuting attorney to appoint employees with the approval of the county council. Allows the prosecuting attorneys council of Indiana to call two conferences each year and specifies who may attend the conferences. Requires the prosecuting attorney’s council of Indiana to conduct certain training. Provides a prosecuting attorney with defense and indemnification in a disciplinary action for conduct that occurred within the scope of employment.

3/10/2022 - Public Law 55

HUMAN TRAFFICKING (CRIDER M) Modifies the definition of "protected person" for purposes of the admission of a statement or videotape of an individual who is less than 14 years of age at the time of the offense but less than 18 years of age at the time of trial. Provides that a person who knowingly or intentionally: (1) pays, or offers or agrees to pay, money or other property; or (2) offers a benefit; for a human trafficking victim with the specific intent to induce or obtain the product or act for which the human trafficking victim was trafficked commits human trafficking, a Level 4 felony. Specifies that consent by the human trafficking victim is not a defense to a prosecution. Requires law enforcement agencies to report human trafficking investigations to the attorney general within 30 days after an investigation begins. Makes a technical correction.

3/18/2022 - Public Law 153

EXPUNGEMENT (FREEMAN A) Specifies that an arrest, criminal charge, or juvenile delinquency allegation that results in an adjudication for an infraction does not result in a conviction for purposes of expungement. Authorizes a person participating in a pretrial diversion program to file a petition for expungement with the authorization of the prosecuting attorney. Requires a court to automatically issue an expungement order, subject to certain exceptions, if: (1) all pending charges or allegations against a person are dismissed; (2) the person is acquitted or the conviction or true finding is vacated; (3) one year has passed since allegations were filed against a juvenile and the state is not pursuing the case; or (4) the person is arrested for a crime and no charges have been filed within 180 days. Makes conforming amendments.

3/7/2022 - Public Law 14

EVIDENCE PRESERVATION REQUIREMENTS (DORIOT B) Establishes additional requirements for the disposition of property held as evidence that may contain biological evidence related to an offense, including matters involving postconviction DNA testing and analysis.

3/11/2022 - Public Law 89

RACKETEERING AND FRAUD (YOUNG M) Specifies that "racketeering activity", for purposes of the crime of corrupt business influence, includes certain forgery, fraud, and deception offenses.

3/7/2022 - Public Law 25