Bill Text: IN SB0256 | 2012 | Regular Session | Enrolled


Bill Title: Correctional professionals assistance fund.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Enrolled - Dead) 2012-03-06 - Signed by the Governor [SB0256 Detail]

Download: Indiana-2012-SB0256-Enrolled.html


Second Regular Session 117th General Assembly (2012)


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.
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    SENATE ENROLLED ACT No. 256



     AN ACT to amend the Indiana Code concerning corrections.

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

SOURCE: IC 11-8-2-5; (12)SE0256.1.1. -->
    SECTION 1. IC 11-8-2-5, AS AMENDED BY P.L.77-2009, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. (a) The commissioner shall do the following:
        (1) Organize the department and employ personnel necessary to discharge the duties and powers of the department.
        (2) Administer and supervise the department, including all state owned or operated correctional facilities.
        (3) Except for employees of the parole board, be the appointing authority for all positions in the department. within the scope of IC 4-15-2 and define the duties of those positions in accord with IC 4-15-2.
        (4) Define the duties of a deputy commissioner and a superintendent.
        (5) Accept committed persons for study, evaluation, classification, custody, care, training, and reintegration.
        (6) Determine the capacity of all state owned or operated correctional facilities and programs and keep all Indiana courts having criminal or juvenile jurisdiction informed, on a quarterly basis, of the populations of those facilities and programs.
        (7) Utilize state owned or operated correctional facilities and programs to accomplish the purposes of the department and acquire or establish, according to law, additional facilities and

programs whenever necessary to accomplish those purposes.
        (8) Develop policies, programs, and services for committed persons, for administration of facilities, and for conduct of employees of the department.
        (9) Administer, according to law, the money or other property of the department and the money or other property retained by the department for committed persons.
        (10) Keep an accurate and complete record of all department proceedings, which includes the responsibility for the custody and preservation of all papers and documents of the department.
        (11) Make an annual report to the governor according to subsection (c).
        (12) Develop, collect, and maintain information concerning offenders, sentencing practices, and correctional treatment as the commissioner considers useful in penological research or in developing programs.
        (13) Cooperate with and encourage public and private agencies and other persons in the development and improvement of correctional facilities, programs, and services.
        (14) Explain correctional programs and services to the public.
        (15) As required under 42 U.S.C. 15483, after January 1, 2006, provide information to the election division to coordinate the computerized list of voters maintained under IC 3-7-26.3 with department records concerning individuals disfranchised under IC 3-7-46.
    (b) The commissioner may:
        (1) when authorized by law, adopt departmental rules under IC 4-22-2;
        (2) delegate powers and duties conferred on the commissioner by law to a deputy commissioner or commissioners and other employees of the department;
        (3) issue warrants for the return of escaped committed persons (an employee of the department or any person authorized to execute warrants may execute a warrant issued for the return of an escaped person);
        (4) appoint personnel to be sworn in as correctional police officers; and
        (5) exercise any other power reasonably necessary in discharging the commissioner's duties and powers.
    (c) The annual report of the department shall be transmitted to the governor by September 1 of each year and must contain:
        (1) a description of the operation of the department for the fiscal

year ending June 30;
        (2) a description of the facilities and programs of the department;
        (3) an evaluation of the adequacy and effectiveness of those facilities and programs considering the number and needs of committed persons or other persons receiving services; and
        (4) any other information required by law.
Recommendations for alteration, expansion, or discontinuance of facilities or programs, for funding, or for statutory changes may be included in the annual report.

SOURCE: IC 11-8-2-14; (12)SE0256.1.2. -->     SECTION 2. IC 11-8-2-14, AS ADDED BY P.L.77-2009, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 14. (a) The correctional peace officer's professionals assistance fund of Indiana is established to provide monetary assistance, including tuition assistance, to a correctional employee or the family member of a correctional employee. Monetary assistance may be paid from the fund to the correctional employee or a family member of a correctional employee if:
        (1) the employee or employee's family member attends a postsecondary educational institution; or
        (2) the employee:
             (A) suffers a loss as the result of a natural disaster; or (3) the employee
             (B) is killed or injured in the line of duty; or
            (C) is suffering from other catastrophic events defined by a written protocol approved by the commissioner.

    (b) The expenses of administering the fund shall be paid from money in the fund.
    (c) The fund consists of:
        (1) grants;
        (2) donations;
        (3) employee contributions; and
        (4) appropriations;
made to the fund.
    (d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.
    (e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
    (f) Money in the fund is continually appropriated to carry out the purposes of the fund.


SEA 256

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