Text of IN HB 1456 (2025)

Introduced Version HOUSE BILL No. 1456 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 11-10. Synopsis: Assignment of offenders to correctional facilities. Requires a correctional facility operated by the department of correction to provide privacy protections based upon an individual's sex. Requires facility and program assignment decisions to be made in compliance with the required privacy protections. Provides a private cause of action against a correctional facility for certain privacy violations. Effective: July 1, 2025. Mayfield, King January 21, 2025, read first time and referred to Committee on Courts and Criminal Code. 2025 IN 1456—LS 6921/DI 92 Introduced First Regular Session of the 124th General Assembly (2025) 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 2024 Regular Session of the General Assembly. HOUSE BILL No. 1456 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, 2025]: Sec. 3. (a) Upon completion 3 of the evaluation prescribed in section 2 of this chapter and before 4 assigning him to a facility or program, the department shall determine 5 the appropriate degree of security (maximum, medium, or minimum) 6 for each offender as described in IC 35-38-3-6. In making that 7 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 to a facility or program; make an initial 17 employment, education, training, or other assignment within that 2025 IN 1456—LS 6921/DI 92 2 1 facility or program; and order medical, psychiatric, psychological, or 2 other services. In making the assignment, the department shall, in 3 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 resided before commitment; 14 (6) the desires of the offender; 15 (7) the current population levels of the facilities or programs 16 considered appropriate for the offender; and 17 (8) the length of the offender's sentence; 18 (9) the sex of the offender as determined under IC 11-10-2.5; 19 and 20 (10) the appropriate assignment for complying with the 21 privacy requirements of IC 11-10-2.5. 22 (c) If the department determines that a committed offender is 23 mentally or physically incapacitated to such an extent that proper 24 custody, care, and control cannot be provided by the department, it 25 shall make arrangements for placement outside the department. 26 (d) Before assigning an offender to a facility or program, the 27 department shall give him an opportunity to present pertinent 28 information; discuss with him all aspects of the evaluation, 29 classification, and assignment process; and work with him to determine 30 a fair and appropriate assignment. 31 (e) If an offender is sentenced to a term of imprisonment of one (1) 32 year or less, the department may make an assignment under this section 33 without making the evaluation prescribed in section 2 of this chapter. 34 In determining the length of an offender's term, consecutive terms of 35 imprisonment shall be added together. 36 (f) This section does not prohibit the temporary assignment of an 37 offender pending evaluation and classification. 38 SECTION 2. IC 11-10-2-5 IS AMENDED TO READ AS 39 FOLLOWS [EFFECTIVE JULY 1, 2025]: 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 2025 IN 1456—LS 6921/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 resided before commitment; 17 (7) the desires of the offender and his parents, guardian, or 18 custodian; 19 (8) the current population levels of the facilities or programs 20 considered appropriate for the offender; and 21 (9) the probable length of commitment; 22 (10) the sex of the offender as determined under IC 11-10-2.5; 23 and 24 (11) the appropriate assignment for complying with the 25 privacy requirements of IC 11-10-2.5. 26 (b) If the department determines that a committed offender is 27 mentally or physically incapacitated to such an extent that proper 28 custody, care, and control cannot be provided by the department, it 29 shall make arrangements for placement outside the department. 30 (c) If an offender is found to be pregnant, the department may return 31 her to the committing court for further disposition. 32 (d) Before assigning an offender to a facility or program, the 33 department shall give him an opportunity to present pertinent 34 information, discuss with him all aspects of the evaluation and 35 assignment process, and work with him to determine a fair and 36 appropriate assignment. 37 (e) The department shall, by certified mail, return receipt requested, 38 notify the parent, guardian, custodian, or nearest relative of any 39 committed offender of his physical location and any change in that 40 location. 41 (f) This section does not preclude the temporary assignment of an 42 offender pending evaluation. 2025 IN 1456—LS 6921/DI 92 4 1 SECTION 3. IC 11-10-2.5 IS ADDED TO THE INDIANA CODE 2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2025]: 4 Chapter 2.5. Correctional Facility Privacy Requirements 5 Sec. 1. As used in this chapter, "changing room" means a room 6 or area in which a person may be in a state of undress in the 7 presence of others, including a locker room or shower room. 8 Sec. 2. As used in this chapter, "correctional facility" has the 9 meaning set forth in IC 5-1.2-2-11. 10 Sec. 3. As used in this chapter, "female" refers to an individual 11 who: 12 (1) has; 13 (2) had; 14 (3) will have; or 15 (4) would have, but for a developmental or genetic anomaly or 16 historical accident; 17 the reproductive system that at some point produces, transports, 18 and utilizes eggs for fertilization. 19 Sec. 4. As used in this chapter, "male" refers to an individual 20 who: 21 (1) has; 22 (2) had; 23 (3) will have; or 24 (4) would have, but for a developmental or genetic anomaly or 25 historical accident; 26 the reproductive system that at some point produces, transports, 27 and utilizes sperm for fertilization. 28 Sec. 5. As used in this chapter, "multi-occupancy" refers to a 29 space that is designed for use by multiple persons simultaneously. 30 Sec. 6. As used in this chapter, "restroom" means a room 31 equipped with a toilet or urinal. 32 Sec. 7. As used in this chapter, "sex" means a person's biological 33 sex, either male or female, as observed or clinically verified at 34 birth. 35 Sec. 8. As used in this chapter, "sleeping quarters" means a 36 room equipped with beds for housing multiple individuals 37 overnight. 38 Sec. 9. A correctional facility shall designate a multi-occupancy 39 restroom, changing room, or sleeping quarters for the exclusive use 40 of females or males. 41 Sec. 10. (a) A restroom, changing room, or sleeping quarter 42 designated by a correctional facility for female or male use may 2025 IN 1456—LS 6921/DI 92 5 1 only be used by members of the designated sex. 2 (b) Except as provided in section 12 of this chapter, an 3 individual may not enter a restroom, changing room, or sleeping 4 quarter that is designated for use by members of the opposite sex. 5 Sec. 11. A correctional facility shall take reasonable steps to 6 provide individuals with privacy in restrooms, changing rooms, 7 and sleeping quarters from members of the opposite sex. 8 Sec. 12. Section 10(b) of this chapter does not apply to an 9 individual who enters a restroom, changing room, or sleeping 10 quarter designated for the opposite sex not in use if the individual 11 enters to: 12 (1) perform custodial services or maintenance; 13 (2) render medical assistance; 14 (3) render assistance by law enforcement; or 15 (4) provide services or render aid during a natural disaster, a 16 declared emergency, or when necessary to prevent a serious 17 threat to good order or safety. 18 Sec. 13. This chapter may not be construed to prohibit a 19 correctional facility from doing any of the following: 20 (1) Adopting policies necessary to accommodate persons 21 protected under the Americans with Disabilities Act, young 22 children in need of assistance, or elderly persons requiring 23 aid. 24 (2) Establishing single occupancy restrooms, changing rooms, 25 or sleeping quarters, or family restrooms, changing rooms, or 26 sleeping quarters. 27 (3) Changing the designation of a multi-occupancy restroom, 28 a changing room, or sleeping quarters designated for 29 exclusive use by one (1) sex to a designation for exclusive use 30 by the opposite sex. 31 Sec. 14. An individual who is present in a restroom or changing 32 room designated for use by members of the individual's sex and 33 encounters a person of the opposite sex in that restroom or 34 changing room may bring a private cause of action for declaratory 35 and injunctive relief against the correctional facility if the 36 correctional facility: 37 (1) provided the person of the opposite sex permission to use 38 a restroom or changing room designated for the exclusive use 39 of members of the opposite sex; or 40 (2) failed to take reasonable steps to prohibit the person of the 41 opposite sex from using the restroom or changing room 42 designated for the exclusive use of members of the opposite 2025 IN 1456—LS 6921/DI 92 6 1 sex. 2 Sec. 15. An individual who is required by a correctional facility 3 to share sleeping quarters with a person of the opposite sex may 4 bring a private cause of action for declaratory and injunctive relief 5 against the correctional facility. 6 Sec. 16. A civil action brought under this chapter must be 7 initiated within two (2) years after the violation described in 8 section 14 or 15 of this chapter occurred. An individual who 9 prevails in an action brought under this chapter may recover 10 reasonable attorney's fees and costs from the correctional facility. 11 Sec. 17. The provisions of this chapter are severable in the 12 manner provided in IC 1-1-1-8(b). 2025 IN 1456—LS 6921/DI 92