Second Regular Session 117th General Assembly (2012)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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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.