Frye eyes legislation to address jail overcrowding

Indianapolis, In. — State representative from District 67, Republican Randy Frye has announced plans to draft a bill to address jail overcrowding. The legislation would direct the Indiana Department of Correction to operate regional holding facilities for level 6 felons. County sheriffs could use the facilities at their discretion.

In 2015 the Indiana General Assembly passed House Bill 1006. The digest of the bill is below:

Criminal justice funding. Establishes the justice reinvestment advisory council (advisory council) to review and evaluate local corrections programs, grant applications, and the processes used to award grants. Requires the department to compile certain information and submit reports to the budget committee and advisory council. Specifies the purposes for which the department may award financial aid. Repeals the county corrections fund that provides funding to each county for operation of the county’s jail, jail programs, or other local correctional facilities or community-based programs. Requires a probation officer to consult with community corrections concerning programs available to the defendant in preparing the presentence report. Permits a court to delegate the terms of placement in community corrections to the community corrections program director, and permits the director to change the terms of placement or reassign a person in community corrections. Provides that after December 31, 2015, a court may not commit a person convicted of a Level 6 felony to the department of correction, with certain exceptions. Requires the department of correction, the division of mental health and addiction, and a community corrections advisory board to submit grant applications to the advisory council for review. Provides that the advisory council shall meet to: (1) work with the department of correction and the division of mental health and addiction to establish the grant criteria; and (2) make recommendations to the department of correction and the division of mental health and addiction concerning the award of grants. Establishes the mental health and addiction forensic treatment services account within the statutes governing the division of mental health and addiction and provides that the division may use money in the account to fund grants and vouchers for mental health and addiction forensic treatment services. Permits the department of correction to accept an offender convicted of a misdemeanor if the offender has at least 547 days remaining before the person’s earliest release date as the result of a sentencing enhancement applied to a misdemeanor sentence. Specifies that a sheriff is entitled to a per diem and medical expense reimbursement from the department of correction for the cost of incarcerating certain persons in the county jail. Makes permanent certain provisions permitting the department of correction to award grants from operational savings attributable to HEA 1006-2014, and provides that these funds may only be used for community corrections or court supervised recidivism reduction programs. Specifies that certain funds may not be used to construct or renovate community corrections facilities.