Text of IN HB 1406 (2024)

Introduced Version HOUSE BILL No. 1406 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 11-10. Synopsis: Assignment of offenders based on biological sex. Provides that the department of correction shall assign an offender, including a delinquent offender, to a facility or program that is based on the offender's biological sex at birth in accordance with the offender's genetics and reproductive biology. Effective: July 1, 2024. Mayfield, King, Davis January 11, 2024, read first time and referred to Committee on Courts and Criminal Code. 2024 IN 1406—LS 6381/DI 92 Introduced Second Regular Session of the 123rd General Assembly (2024) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2023 Regular Session of the General Assembly. HOUSE BILL No. 1406 A BILL FOR AN ACT to amend the Indiana Code concerning corrections. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 11-10-1-3 IS AMENDED TO READ AS 2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Upon completion 3 of the evaluation prescribed in section 2 of this chapter and before 4 assigning him an offender to a facility or program, the department 5 shall determine the appropriate degree of security (maximum, medium, 6 or minimum) for each offender as described in IC 35-38-3-6. In making 7 that determination the department shall, in addition to other relevant 8 information, consider: 9 (1) the results of the evaluation prescribed in section 2 of this 10 chapter; 11 (2) the recommendations of the sentencing court; and 12 (3) the degree and kind of custodial control necessary for the 13 protection of the public, staff, other confined persons, and the 14 individual being considered. 15 (b) After determining the offender's security classification, the 16 department shall assign him the offender to a facility or program; 17 make an initial employment, education, training, or other assignment 2024 IN 1406—LS 6381/DI 92 2 1 within that facility or program; and order medical, psychiatric, 2 psychological, or other services. In making the assignment, the 3 department shall, in addition to other relevant information, consider: 4 (1) the results of the evaluation prescribed in section 2 of this 5 chapter; 6 (2) the offender's security classification; 7 (3) the offender's need for special therapy or programs, including 8 employment, education, or training available only in specific 9 facilities or programs; 10 (4) the likelihood of the offender's reintegration into the 11 community in which the facility or program is located; 12 (5) the desirability of keeping the offender in a facility or program 13 near the area in which he the offender resided before 14 commitment; 15 (6) the desires of the offender; 16 (7) the current population levels of the facilities or programs 17 considered appropriate for the offender; and 18 (8) the length of the offender's sentence. 19 (c) If the department determines that a committed offender is 20 mentally or physically incapacitated to such an extent that proper 21 custody, care, and control cannot be provided by the department, it 22 shall make arrangements for placement outside the department. 23 (d) Before assigning an offender to a facility or program, the 24 department shall give him the offender an opportunity to present 25 pertinent information; discuss with him the offender all aspects of the 26 evaluation, classification, and assignment process; and work with him 27 the offender to determine a fair and appropriate assignment. 28 (e) The department shall assign an offender to a facility or 29 program that is based on the offender's biological sex at birth in 30 accordance with the offender's genetics and reproductive biology. 31 (e) (f) If an offender is sentenced to a term of imprisonment of one 32 (1) year or less, the department may make an assignment under this 33 section without making the evaluation prescribed in section 2 of this 34 chapter. In determining the length of an offender's term, consecutive 35 terms of imprisonment shall be added together. 36 (f) (g) This section does not prohibit the temporary assignment of 37 an offender pending evaluation and classification. 38 SECTION 2. IC 11-10-2-5 IS AMENDED TO READ AS 39 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Upon completion 40 of the evaluation prescribed in section 4 of this chapter, the department 41 shall assign the offender to a facility or program; make an initial 42 education, training, employment, or other assignment within that 2024 IN 1406—LS 6381/DI 92 3 1 facility or program; and order medical, psychiatric, psychological, or 2 other services it considers appropriate. In making the assignment, the 3 department shall, among other relevant information, consider: 4 (1) the results of the evaluation prescribed in section 4 of this 5 chapter; 6 (2) the recommendations of the committing court; 7 (3) the offender's need for special therapy or programs, including 8 education, training, or employment available only in specific 9 facilities or programs; 10 (4) the degree and type of custodial control necessary for the 11 protection of the public, staff, other committed offenders, and the 12 individual being considered; 13 (5) the likelihood of the offender's reintegration into the 14 community in which the facility or program is located; 15 (6) the desirability of keeping the offender in a facility or program 16 near the area in which he the offender resided before 17 commitment; 18 (7) the desires of the offender and his the offender's parents, 19 guardian, or custodian; 20 (8) the current population levels of the facilities or programs 21 considered appropriate for the offender; and 22 (9) the probable length of commitment. 23 (b) If the department determines that a committed offender is 24 mentally or physically incapacitated to such an extent that proper 25 custody, care, and control cannot be provided by the department, it 26 shall make arrangements for placement outside the department. 27 (c) If an offender is found to be pregnant, the department may return 28 her to the committing court for further disposition. 29 (d) Before assigning an offender to a facility or program, the 30 department shall give him the offender an opportunity to present 31 pertinent information, discuss with him the offender all aspects of the 32 evaluation and assignment process, and work with him the offender to 33 determine a fair and appropriate assignment. 34 (e) The department shall assign an offender to a facility or 35 program that is based on the offender's biological sex at birth in 36 accordance with the offender's genetics and reproductive biology. 37 (e) (f) The department shall, by certified mail, return receipt 38 requested, notify the parent, guardian, custodian, or nearest relative of 39 any committed offender of his the offender's physical location and any 40 change in that location. 41 (f) (g) This section does not preclude the temporary assignment of 42 an offender pending evaluation. 2024 IN 1406—LS 6381/DI 92