Various corrections matters., the official text

First Regular Session of the 124th General Assembly (2025)

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between statutes enacted by the 2024 Regular Session of the General Assembly.

  SENATE ENROLLED ACT No. 231

   AN ACT to amend the Indiana Code concerning corrections.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 11-10-6-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) There is hereby
established an industry and farm product advisory council to assist the
department in determining the need for products, the estimated volume
or number of units required, pricing policies, and other matters relating
to sales or promotion of such products manufactured or produced
within the correctional system. The commissioner shall inform the
council each year of the estimated number of offenders required to be
employed at each institution during the year by the department and the
offender work schedules for industry and farm production. With data
furnished by the department, the council shall recommend to the
commissioner an annual sales and production plan for all industry and
farm programs. The council shall study and advise in such other areas
or matters as may be referred by the commissioner or the administrator
in charge of industry and farm programs.

   (b) The council shall meet annually or at such other times as the
commissioner considers necessary. The council is composed of the
following members:

      (1) the commissioner, who shall be chairman;
      (2) the commissioner of the department of administration;
      (3) the state budget director;
      (4) the administrator in charge of the industry and farm programs,

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      who shall act as secretary of the council; and
      (5) the commissioner, at his discretion, may appoint two (2)
      persons who are major users of industry and farm products or who
      represent the general public.
   SECTION 2. IC 11-10-6-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The department
shall establish, maintain, and operate industry and farm programs for
offenders designed to equip the participant with a marketable skill
which will provide to the participant a means of earning a livelihood
upon the participant's return to the community. The department shall
appoint an administrator who is the chief executive officer of the
industry and farm programs. The commissioner or the administrator in
charge of the industry and farm programs shall be responsible for
planning, coordination, operation, and employment and supervision of
personnel of the industry and farm programs at the correctional
institutions. The programs may include:
      (1) the production, manufacture, raising, or processing of any
      product or item for use or sale by the department;
      (2) entering into contractual agreements and other arrangements
      with other state agencies or political subdivisions for the
      employment of offenders, including employment involving the
      conservation and improvement of the natural resources of Indiana
      or its political subdivisions; and
      (3) the employment, to the extent that is practical within the
      industry and farm programs, of those offenders who have received
      specialized vocational training by the department.
   (b) The department shall examine the feasibility of, and, if
reasonably achievable, develop programs for:
      (1) the production of products using recycled materials; or
      (2) processing waste materials.
   SECTION 3. IC 11-10-6-3, AS AMENDED BY P.L.104-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) A confined person may be required to keep
his the confined person's own living quarters clean and orderly.
   (b) A confined offender may be required to:
      (1) perform general maintenance work and assist in providing
      other services essential to the administration of the facility or
      program; and
      (2) work in a business, commercial, or industrial or agricultural
      enterprise operated by the department.
   (c) A confined offender may not be denied the opportunity to
participate in educational, training, or voluntary employment programs

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solely because of compulsory work.
   (d) If an offender is eligible for an offender reentry administrative

account under IC 11-10-15, at least ten percent (10%) and not more
than twenty percent (20%) of the offender's gross earnings earned
under subsection (b)(2) shall be deposited in the offender's reentry
administrative account.

   SECTION 4. IC 11-10-6-6, AS AMENDED BY P.L.130-2018,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) The industry and farm products revolving
fund is established. The department shall:

      (1) annually review the revolving fund for the purpose of
      determining whether the current level is adequate to meet the
      expenditures required to sustain offender employment programs;
      and
      (2) include in the annual report made under IC 11-8-2-5(a)(16) its
      recommendations regarding any changes in the amount of the
      fund.
   (b) All revenues derived from the sale of goods produced or
manufactured by the department from the lease of farm land and
appurtenances operated by the department's industry and farm program,
or from the employment of offenders by other state agencies or political
subdivisions shall be paid into the fund to be expended in the manner
provided by law.
   SECTION 5. IC 11-10-6-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. The department
shall:
      (1) request the state budget agency to allocate, as needed, funds
      from the revolving fund for the cost of operating the department's
      industry and farm programs for offender employment;
      (2) keep complete records showing all transactions in such a
      manner as to be able to prepare at the end of each fiscal year, an
      operating statement for each industry and farm program operated
      by the department; the department shall also prepare an annual
      consolidated operating statement for all industry and farm
      programs; and
      (3) prepare, prior to the beginning of each fiscal year, an annual
      budget of proposed expenditures for industry and farm programs,
      including expenditures for offender compensation; this annual
      budget shall be submitted to the state budget agency for approval,
      and no expenditure in excess of this approved budget may be
      made without the approval of the state budget agency.
   SECTION 6. IC 11-10-6-8, AS AMENDED BY P.L.9-2024,

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SECTION 322, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 8. Any cash assets in excess of one
million five hundred thousand dollars ($1,500,000) remaining in the
industry and farm products revolving fund at the close of any fiscal
year shall be paid into a special fund to be used for capital expenditures
for the department or support of the industry and farm products
revolving fund. The cash assets remaining in the revolving fund at the
close of any fiscal year shall include and be limited to all items of cash
less the total amount of all accounts payable including all of the
unliquidated obligations which appear as a matter of record in the
office of the state comptroller.

   SECTION 7. IC 11-10-6-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 10. Claims for payment
for supplies and services furnished by the correctional facilities to the
industry and farm programs during the applicable accounting period in
the operation of offender employment programs established in those
facilities shall be presented to the department. These claims shall be
itemized and, if allowed, shall be paid from the industry and farm
products revolving fund. No part of the revolving fund shall be used for
the purpose of paying the salaries of employees and offenders, other
than those who are engaged in the administration and operation of an
industry and farm program.

   SECTION 8. IC 11-10-6-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 11. The department
may contract with private persons or businesses, or governmental
agencies and political subdivisions of the state, for the management of
any industry and farm program or activity operated for the employment
of offenders.

   SECTION 9. IC 11-10-7-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The
commissioner may establish programs for the employment of offenders
by private persons. In establishing these programs, the commissioner
may enter into agreements with any private person under which that
person establishes, by construction, lease, or otherwise, facilities within
the exterior boundary of any state adult correctional facility, for the
manufacture and processing of goods or any other business or
commercial or agricultural enterprise.

   (b) In administering this chapter, the commissioner may, as a part
of or in connection with any agreement made under subsection (a),
lease, for not more than twenty (20) years, land, with the improvements
on it, located on the grounds of any state correctional facility for use by
the private party to that agreement for providing employment under this

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chapter.
   SECTION 10. IC 11-10-7-4 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. A commercial or
agricultural enterprise established under this chapter is a private
enterprise subject to laws governing the operation of similar enterprises
in Indiana.

   SECTION 11. IC 11-12-2-1, AS AMENDED BY P.L.126-2024,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
FEBRUARY 28, 2025 (RETROACTIVE)]: Sec. 1. (a) For the purpose
of encouraging counties to develop a coordinated local
corrections-criminal justice system and providing effective alternatives
to imprisonment at the state level, the commissioner shall, out of funds
appropriated for such purposes, make grants:

      (1) to counties for the establishment and operation of community
      corrections programs and court supervised recidivism reduction
      programs; and
      (2) to support a probation department, pretrial diversion program,
      or jail treatment program.
Appropriations intended for this purpose may not be used by the
department for any other purpose. Money appropriated to the
department of correction for the purpose of making grants under this
chapter and any financial aid payments suspended under section 6 of
this chapter do not revert to the state general fund at the close of any
fiscal year, but remain available to the department of correction for its
use in making grants under this chapter.
   (b) Before March 1 of each year, the department shall estimate the
amount of any operational cost savings that will be realized in the state
fiscal year ending June 30 from a reduction in the number of
individuals who are in the custody or made a ward of the department
of correction (as described in IC 11-8-1-5) that is attributable to the
sentencing changes made in HEA 1006-2014 as enacted in the 2014
session of the general assembly. The department shall make the
estimate under this subsection based on the best available information.
If the department estimates that operational cost savings described in
this subsection will be realized in the state fiscal year, the following
apply to the department:
      (1) The department shall certify the estimated amount of
      operational cost savings that will be realized to the budget agency
      and to the state comptroller.
      (2) The department may, after review by the budget committee
      and approval by the budget agency, make additional grants as
      provided in this chapter to:

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         (A) county jails to provide evidence based mental health and
         addiction forensic treatment services; and
         (B) counties for the establishment and operation of pretrial
         release programs, diversion programs, community corrections
         programs, and court supervised recidivism reduction
         programs;
      from funds appropriated to the department for the department's
      operating expenses for the state fiscal year.
      (3) The maximum aggregate amount of additional grants and
      transfers that may be made by the department under subdivision
      (2) for the state fiscal year may not exceed the lesser of:
         (A) the amount of operational cost savings certified under
         subdivision (1); or
         (B) eleven million dollars ($11,000,000).
Notwithstanding P.L.205-2013 (HEA 1001-2013), the amount of funds
necessary to make any additional grants authorized and approved under
this subsection and for any transfers authorized and approved under
this subsection, and for providing the additional financial aid to courts
from transfers authorized and approved under this subsection, is
appropriated for those purposes for the state fiscal year, and the amount
of the department's appropriation for operating expenses for the state
fiscal year is reduced by a corresponding amount.
   (c) (b) The commissioner shall coordinate with the division of
mental health and addiction in issuing community corrections and court
supervised recidivism reduction program grants to programs that
provide alternative sentencing projects for persons with mental illness,
addictive disorders, intellectual disabilities, and developmental
disabilities. Programs for addictive disorders may include:
      (1) addiction counseling;
      (2) inpatient detoxification; and
      (3) medication assisted treatment, including a federal Food and
      Drug Administration approved long acting, nonaddictive
      medication for the treatment of opioid or alcohol dependence.
   (d) (c) Grants awarded under this chapter:
      (1) must focus on funding evidence based programs, including
      programs that address cognitive behavior, that have as a primary
      goal the purpose of reforming offenders; and
      (2) may be used for technology based programs, including an
      electronic monitoring program.
   (e) (d) Before the tenth day of each month, the department shall
compile the following information with respect to the previous month:
      (1) The number of persons committed to the department.

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      (2) The number of persons:
         (A) confined in a department facility;
         (B) participating in a community corrections program; and
         (C) confined in a local jail under contract with or on behalf of
         the department.

      (3) For each facility operated by the department:
         (A) the number of beds in each facility; and
         (B) the number of inmates housed in the facility.

      (4) The number of persons committed to the department for a
      Level 6 felony.
   (f) (e) The department shall:
      (1) quarterly submit a report to the budget committee; and
      (2) monthly submit a report to the justice reinvestment advisory
      council (as established in IC 33-38-9.5-2);
of the information compiled by the department under subsection (e).
(d). The report to the budget committee must be submitted in a form
approved by the budget committee, and the report to the advisory
council must be in a form approved by the advisory council.
   SECTION 12. IC 31-31-8-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. A juvenile
detention facility is a secure facility that:
      (1) is only used for the lawful custody and treatment of juveniles
      and meets state standards and licensing requirements as provided
      in department of correction administrative rule; 210 IAC 6; or
      (2) is located on the same grounds or in the same building as an
      adult jail or lockup and meets the following four (4) criteria:

         (A) Total separation between juvenile and adult facility spatial
         areas so that there could be no haphazard or accidental contact
         among juvenile and adult residents in the respective facilities.
         If space is used for both juveniles and adults, time-phasing of
         the use is acceptable if the arrangement precludes haphazard
         or accidental contact among juvenile and adult residents at all
         times. Sleeping or other living areas may not be shared under
         any circumstances.
         (B) Total separation in all juvenile and adult program
         activities within the facilities, including recreation, education,
         counseling, health care, dining, sleeping, and general living
         activities. Program activities may not be shared by juvenile
         and adult residents. However, program space, equipment, and
         other resources may be used by both juvenile and adult
         residents subject to clause (A).
         (C) The administration and security functions of the juvenile

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         detention program must be vested in separate staff who, if the
         staff serve both populations, are trained to serve a juvenile
         population. Security and other direct care staff may not be
         used to serve the adult jail at the same time or during the same
         tour of duty that security and other direct care staff serve in the
         juvenile detention facility. Specialized services staff, such as
         cooks, bookkeepers, and medical professionals who are not
         normally in contact with detainees or whose infrequent contact
         occurs under conditions of separation of juveniles and adults,
         can serve both juvenile and adult residents.
         (D) The facility meets state standards and licensing
         requirements as provided in department of correction
         administrative rule. 210 IAC 6. The architectural and
         operational configuration of the juvenile facility must assure
         total separation.
   SECTION 13. An emergency is declared for this act.

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President of the Senate

President Pro Tempore

Speaker of the House of Representatives

Governor of the State of Indiana

Date:                             Time:

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