HB 1258

           Second Regular Session of the 124th General Assembly (2026)
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 2025 Regular Session of the General Assembly.
    HOUSE ENROLLED ACT No. 1258
   AN ACT to amend the Indiana Code concerning criminal law and
procedure.
    Be it enacted by the General Assembly of the State of Indiana:
    SECTION 1. IC 1-1-2-2.5, AS ADDED BY P.L.142-2020,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2.5. (a) This section applies to every crime in
which proof that a person has a prior conviction or judgment for an
infraction increases:
       (1) the class or level of the crime;
       (2) the penalty for the crime from a misdemeanor to a felony; or
       (3) the penalty for an infraction to a misdemeanor or felony.
    (b) This section does not apply to a sentencing provision that
increases the penalty that may be imposed for an infraction or crime
but does not increase:
       (1) the class or level of the crime;
       (2) the penalty for the crime from a misdemeanor to a felony; or
       (3) the penalty for an infraction to a misdemeanor or felony;
including IC 35-50-2-8 (habitual offenders), IC 35-50-2-9 (death
penalty sentencing), IC 9-30-15.5 (habitual vehicular substance
offender), and IC 35-50-2-14 (repeat sexual offender).
    (c) This section does not apply to a crime that contains a specific
lookback period for a prior conviction or judgment for an infraction.
    (d) Subject to subsection (e), and except as provided in subsection
(f), a prior conviction or a prior judgment for an infraction increases the
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class or level of the crime, the penalty for the crime from a
misdemeanor to a felony, or the penalty for an infraction to a
misdemeanor or felony only if the current crime was committed not
later than twelve (12) years from the date the defendant was:
       (1) convicted of the prior crime, if the defendant was not
       sentenced to a term of incarceration or probation;
       (2) adjudicated to have committed the infraction; or
       (3) released from a term of incarceration, probation, or parole
       (whichever occurs later) imposed for the prior conviction;
whichever occurred last.
    (e) If a crime described in subsection (a) requires proof of more than
one (1) criminal conviction or judgment for an infraction, the increased
penalty applies only if the current crime was committed not later than
twelve (12) years from the date the defendant was:
       (1) convicted of one (1) of the prior crimes, if the person was not
       sentenced to a term of incarceration or probation;
       (2) adjudicated to have committed one (1) of the infractions; or
       (3) released from a term of incarceration, probation, or parole
       (whichever occurs later) imposed for one (1) of the prior
       convictions;
whichever occurred last.
    (f) This section does not apply if the crime described in subsection
(a) is one (1) or more of the following:
       (1) A crime of violence (as defined by IC 35-50-1-2).
       IC 35-31.5-2-79).
       (2) A crime that results in bodily injury or death to a victim.
       (3) A sex offense (as defined by IC 11-8-8-5.2).
       (4) Domestic battery (IC 35-42-2-1.3).
       (5) Strangulation (IC 35-42-2-9).
       (6) Operating while intoxicated with a prior conviction for
       operating while intoxicated that resulted in death, serious bodily
       injury, or catastrophic injury (IC 9-30-5-3(b)).
       (7) Dealing in cocaine or a narcotic drug (IC 35-48-4-1).
       (8) Dealing in methamphetamine (IC 35-48-4-1.1).
       (9) Manufacturing methamphetamine (IC 35-48-4-1.2).
       (10) Dealing in a schedule I, II, or III controlled substance
       (IC 35-48-4-2).
    (g) If there is a conflict between a provision in this section and
another provision of the Indiana Code, this section controls.
    SECTION 2. IC 2-8.2-2-5.5, AS ADDED BY P.L.41-2025,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5.5. "Crime of moral turpitude" means the
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following:
      (1) A crime of violence as defined in IC 35-50-1-2.
      IC 35-31.5-2-79.
      (2) A sex offense as defined in IC 11-8-8-5.2.
      (3) A crime involving fraud or a false statement.
    SECTION 3. IC 11-13-3-3, AS AMENDED BY P.L.55-2017,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) A person sentenced under IC 35-50 shall be
released on parole or discharged from the person's term of
imprisonment under IC 35-50 without a parole release hearing.
    (b) A person sentenced for an offense under laws other than
IC 35-50 who is eligible for release on parole, or a person whose parole
is revoked and is eligible for reinstatement on parole under rules
adopted by the parole board shall, before the date of the person's parole
eligibility, be granted a parole release hearing to determine whether
parole will be granted or denied. The hearing shall be conducted by one
(1) or more of the parole board members. If one (1) or more of the
members conduct the hearing on behalf of the parole board, the final
decision shall be rendered by the full parole board based upon the
record of the proceeding and the hearing conductor's findings. Before
the hearing, the parole board shall order an investigation to include the
collection and consideration of:
      (1) reports regarding the person's medical, psychological,
      educational, vocational, employment, economic, and social
      condition and history;
      (2) official reports of the person's history of criminality;
      (3) reports of earlier parole or probation experiences;
      (4) reports concerning the person's present commitment that are
      relevant to the parole release determination;
      (5) any relevant information submitted by or on behalf of the
      person being considered; and
      (6) such other relevant information concerning the person as may
      be reasonably available.
    (c) Unless the victim has requested in writing not to be notified, the
department shall notify a victim of a felony (or the next of kin of the
victim if the felony resulted in the death of the victim) or any witness
involved in the prosecution of an offender imprisoned for the
commission of a felony when the offender is:
      (1) to be discharged from imprisonment;
      (2) to be released on parole under IC 35-50-6-1;
      (3) to have a parole release hearing under this chapter;
      (4) to have a parole violation hearing;
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       (5) an escaped committed offender; or
       (6) to be released from departmental custody under any temporary
       release program administered by the department, including the
       following:
           (A) Placement on minimum security assignment to a program
           authorized by IC 11-10-1-3 or IC 35-38-3-6 and requiring
           periodic reporting to a designated official, including a
           regulated community assignment program.
           (B) Assignment to a minimum security work release program.
    (d) The department shall make the notification required under
subsection (c):
       (1) not later than twenty-four (24) hours after the escape of a
       committed offender;
       (2) at least forty (40) days before:
           (A) the discharge or release of a committed offender; or
           (B) the date of a hearing concerning a committed offender's
           possible discharge or release; and
       (3) if the date of a committed offender's discharge or release as
       referred to in subdivision (2)(A) is changed during the forty (40)
       day notification period referred to in subdivision (2), as soon as
       possible but not more than forty-eight (48) hours after the change
       in the discharge or release date.
The department shall supply the information to a victim (or a next of
kin of a victim in the appropriate case) and a witness at the address
supplied to the department by the victim (or next of kin) or witness. A
victim (or next of kin) is responsible for supplying the department with
any change of address or telephone number of the victim (or next of
kin).
    (e) The probation officer conducting the presentence investigation
shall inform the victim and witness described in subsection (c), at the
time of the interview with the victim or witness, of the right of the
victim or witness to receive notification from the department under
subsection (c). The probation department for the sentencing court shall
forward the most recent list of the addresses or telephone numbers, or
both, of victims to the department of correction. The probation
department shall supply the department with the information required
by this section as soon as possible but not later than five (5) days from
the receipt of the information from the victim. A victim (or next of kin)
is responsible for supplying the department with the correct address
and telephone number of the victim (or next of kin).
    (f) Notwithstanding IC 11-8-5-2 and IC 4-1-6, an inmate may not
have access to the name and address of a victim and a witness. Upon
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the filing of a motion by any person requesting or objecting to the
release of victim information, witness information, or both that is
retained by the department, the court shall review the information that
is the subject of the motion in camera before ruling on the motion.
    (g) The notice required under subsection (c) must specify whether
the prisoner is being discharged, is being released on parole, is being
released on lifetime parole, is having a parole release hearing, is having
a parole violation hearing, or has escaped. The notice must contain the
following information:
       (1) The name of the prisoner.
       (2) The date of the offense.
       (3) The date of the conviction.
       (4) The felony of which the prisoner was convicted.
       (5) The sentence imposed.
       (6) The amount of time served.
       (7) The date and location of the interview (if applicable).
    (h) The parole board shall adopt rules under IC 4-22-2 and make
available to offenders the criteria considered in making parole release
determinations. The criteria must include the:
       (1) nature and circumstances of the crime for which the offender
       is committed;
       (2) offender's prior criminal record;
       (3) offender's conduct and attitude during the commitment; and
       (4) offender's parole plan.
    (i) The hearing prescribed by this section may be conducted in an
informal manner without regard to rules of evidence. In connection
with the hearing, however:
       (1) reasonable, advance written notice, including the date, time,
       and place of the hearing shall be provided to the person being
       considered;
       (2) the person being considered shall be given access, in accord
       with IC 11-8-5, to records and reports considered by the parole
       board in making its parole release decision;
       (3) the person being considered may appear, speak in the person's
       own behalf, and present documentary evidence;
       (4) irrelevant, immaterial, or unduly repetitious evidence shall be
       excluded; and
       (5) a record of the proceeding, to include the results of the parole
       board's investigation, notice of the hearing, and evidence adduced
       at the hearing, shall be made and preserved.
    (j) If parole is denied, the parole board shall give the person written
notice of the denial and the reasons for the denial. The parole board
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may not parole a person if it determines that there is substantial reason
to believe that the person:
       (1) will engage in further specified criminal activity; or
       (2) will not conform to appropriate specified conditions of parole.
    (k) If parole is denied, the parole board shall conduct another parole
release hearing not earlier than five (5) years after the date of the
hearing at which parole was denied. However, the board may conduct
a hearing earlier than five (5) years after denial of parole if the board:
       (1) finds that special circumstances exist for the holding of a
       hearing; and
       (2) gives reasonable notice to the person being considered for
       parole.
    (l) The parole board may parole a person who is outside Indiana on
a record made by the appropriate authorities of the jurisdiction in
which that person is imprisoned.
    (m) If the board is considering the release on parole of an offender
who is serving a sentence of life in prison, a determinate term of
imprisonment of at least ten (10) years, or an indeterminate term of
imprisonment with a minimum term of at least ten (10) years, in
addition to the investigation required under subsection (b), except as
provided in subsection (n), the board may order and consider a
community investigation, which may include an investigation and
report that substantially reflects the attitudes and opinions of:
       (1) the community in which the crime committed by the offender
       occurred;
       (2) law enforcement officers who have jurisdiction in the
       community in which the crime occurred;
       (3) the victim of the crime committed by the offender, or if the
       victim is deceased or incompetent for any reason, the victim's
       relatives or friends; and
       (4) friends or relatives of the offender.
If the board reconsiders for release on parole an offender who was
previously released on parole and whose parole was revoked under
section 10 of this chapter, the board may use a community investigation
prepared for an earlier parole hearing to comply with this subsection.
However, the board shall accept and consider any supplements or
amendments to any previous statements from the victim or the victim's
relatives or friends.
    (n) The board shall conduct the community investigation described
in subsection (m) if:
       (1) the person was convicted of a crime of violence (as defined in
       IC 35-50-1-2); IC 35-31.5-2-79); or
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     (2) the person is a sex offender (as defined in IC 11-8-8-4.5).
   (o) As used in this section, "victim" means a person who has
suffered direct harm as a result of a violent crime (as defined in
IC 5-2-6.1-8).
   SECTION 4. IC 11-13-9-1, AS ADDED BY P.L.119-2008,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. This chapter does not apply to the following:
     (1) An inmate who receives a sentence of death or life without
     parole under IC 35-50-2.
     (2) An inmate who has committed an offense described in
     IC 11-8-8-4.5.
     (3) A person convicted of a crime of violence (as defined in
     IC 35-50-1-2). IC 35-31.5-2-79).
   SECTION 5. IC 16-27-2-3, AS AMENDED BY P.L.171-2025,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) Except as provided in subsection (c), a
person may not operate a home health agency or a personal services
agency if the person has been convicted of any of the following:
     (1) A sex crime (IC 35-42-4).
     (2) Exploitation of an endangered adult (IC 35-46-1-12).
     (3) Failure to report battery, neglect, or exploitation of an
     endangered adult (IC 35-46-1-13).
     (4) Theft, conversion, or receiving stolen property (IC 35-43-4),
     if the conviction is a:
         (A) felony conviction that occurred less than ten (10) years; or
         (B) misdemeanor conviction that occurred less than five (5)
         years;
     before the date of submission by the person of an application for
     licensure as a home health agency under IC 16-27-1 or as a
     personal services agency under IC 16-27-4.
     (5) Identity deception (IC 35-43-5-3.5), if the conviction is a:
         (A) felony conviction that occurred less than ten (10) years; or
         (B) misdemeanor conviction that occurred less than five (5)
         years;
     before the person's employment application date.
     (6) Fraud (IC 35-43-5-4), if the conviction is a:
         (A) felony conviction that occurred less than ten (10) years; or
         (B) misdemeanor conviction that occurred less than five (5)
         years;
     before the person's employment application date.
     (7) Murder (IC 35-42-1-1).
     (8) Voluntary manslaughter (IC 35-42-1-3).
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      (9) Except as provided in this section, a crime of violence (as
      defined in IC 35-50-1-2), IC 35-31.5-2-79), if the person's
      conviction occurred less than ten (10) years before the person's
      employment application date.
      (10) Felony battery within the previous five (5) years.
      (11) A felony offense relating to controlled substances within the
      previous five (5) years.
   (b) A person who knowingly or intentionally violates this section
commits a Class A misdemeanor.
   (c) A person who:
      (1) was operating a home health agency or a personal services
      agency before July 1, 2025; and
      (2) has a misdemeanor conviction under subsection (a)(4)(B) or
      (a)(5)(B);
may continue to operate the home health agency or personal services
agency.
   SECTION 6. IC 16-27-2-5, AS AMENDED BY P.L.171-2025,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) Except as provided in subsections (c) and
(d), a person who operates a home health agency under IC 16-27-1 or
a personal services agency under IC 16-27-4 may not employ a person
to provide services in a patient's or client's temporary or permanent
residence if one (1) or more of the following conditions exist:
      (1) The person's national criminal history background check or
      expanded criminal history check indicates that the person has
      been convicted of any of the following:
         (A) A sex crime (IC 35-42-4).
         (B) Exploitation of an endangered adult (IC 35-46-1-12).
         (C) Failure to report battery, neglect, or exploitation of an
         endangered adult (IC 35-46-1-13).
         (D) Theft, conversion, or receiving stolen property
         (IC 35-43-4), if the conviction is a:
           (i) felony conviction that occurred less than ten (10) years;
           or
           (ii) misdemeanor conviction that occurred less than five (5)
           years;
         before the person's employment application date.
         (E) Identity deception (IC 35-43-5-3.5), if the conviction is a:
           (i) felony conviction that occurred less than ten (10) years;
           or
           (ii) misdemeanor conviction that occurred less than five (5)
           years;
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          before the person's employment application date.
          (F) Fraud (IC 35-43-5-4), if the conviction is a:
             (i) felony conviction that occurred less than ten (10) years;
             or
             (ii) misdemeanor conviction that occurred less than five (5)
             years;
          before the person's employment application date.
          (G) Murder (IC 35-42-1-1).
          (H) Voluntary manslaughter (IC 35-42-1-3).
          (I) Except as provided in this section, a crime of violence (as
          defined in IC 35-50-1-2), IC 35-31.5-2-79), if the person's
          conviction occurred less than ten (10) years before the person's
          employment application date.
          (J) Felony battery within the previous five (5) years.
          (K) A felony offense relating to controlled substances within
          the previous five (5) years.
      (2) The person:
          (A) has abused, neglected, or mistreated a patient or
          misappropriated a patient's property; and
          (B) had a finding entered into the state nurse aide registry.
   (b) A person who knowingly or intentionally applies for a job as a
home health aide or other unlicensed employee at:
      (1) a home health agency;
      (2) a health care facility; or
      (3) an entity in the business of contracting to provide home health
      aides or other unlicensed employees for a health care facility;
after a conviction of one (1) or more of the offenses listed in subsection
(a)(1) commits a Class A infraction.
   (c) A home health agency or personal services agency may not
employ a person to provide services in a patient's or client's temporary
or permanent residence for more than twenty-one (21) calendar days
without receipt of that person's national criminal history background
check or expanded criminal history check required by section 4 of this
chapter, unless the state police department, the Federal Bureau of
Investigation under IC 10-13-3-39, or the private agency providing the
expanded criminal history check is responsible for failing to provide
the person's national criminal history background check or expanded
criminal history check to the home health agency or personal services
agency within the time required under this subsection.
   (d) A home health agency or personal services agency may continue
to employ a person to provide services in a patient's or client's
temporary or permanent residence if the person:
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      (1) has a misdemeanor conviction under subsection (a)(1)(D)(ii)
      or (a)(1)(E)(ii); and
      (2) was employed by the home health agency or personal services
      agency to provide services described in this subsection before
      July 1, 2025.
    SECTION 7. IC 16-28-13-3, AS AMENDED BY THE
TECHNICAL CORRECTIONS BILL OF THE 2026 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) A health care facility or an entity in the
business of contracting to provide nurse aides or other unlicensed
employees for a health care facility may not knowingly employ a
person as a nurse aide or other unlicensed employee if one (1) or more
of the following conditions exist:
      (1) The person has been convicted of any of the following:
          (A) A sex crime (IC 35-42-4).
          (B) Exploitation of an endangered adult (IC 35-46-1-12).
          (C) Failure to report battery, neglect, or exploitation of an
          endangered adult (IC 35-46-1-13).
          (D) A felony offense relating to theft, conversion, or receiving
          stolen property (IC 35-43-4), if the person's conviction for
          theft, conversion, or receiving stolen property occurred less
          than five (5) years before the individual's employment
          application date.
          (E) Identity deception (IC 35-43-5-3.5), if the conviction is a
          felony conviction that occurred less than five (5) years before
          the person's employment application date.
          (F) Fraud (IC 35-43-5-4), if the conviction is a felony
          conviction that occurred less than five (5) years before the
          person's employment application date.
          (G) Murder (IC 35-42-1-1).
          (H) Voluntary manslaughter (IC 35-42-1-3).
          (I) Except as otherwise specified in this section, a crime of
          violence (as defined in IC 35-50-1-2), IC 35-31.5-2-79), if the
          person's conviction occurred less than ten (10) years before the
          person's employment application date.
          (J) Felony battery within the previous five (5) years.
          (K) A felony offense relating to controlled substances within
          the previous five (5) years, unless:
             (i) the person is certified as a peer recovery coach through
             a credential recognized by the division of mental health and
             addiction;
             (ii) the person has not been convicted of a felony offense
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            relating to controlled substances after the issuance of a peer
            recovery coach credential; and
            (iii) there are no felony charges relating to controlled
            substances pending against the person.
      (2) The person:
          (A) has abused, neglected, or mistreated a patient or
          misappropriated a patient's property; and
          (B) had a finding entered into the state nurse aide registry.
          under IC 25-23-2.
    (b) A person who knowingly or intentionally applies for a job as a
nurse aide or other unlicensed employee at:
      (1) a health care facility; or
      (2) an entity in the business of contracting to provide nurse aides
      or other unlicensed employees for a health care facility;
after a conviction of one (1) or more of the offenses listed in subsection
(a)(1) commits a Class A infraction.
    SECTION 8. IC 16-31-3-14.5, AS AMENDED BY P.L.186-2025,
SECTION 110, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 14.5. The department of homeland
security may issue an order under IC 4-21.5-3-6 to deny an applicant's
request for certification or licensure or permanently revoke a certificate
or license under procedures provided by section 14 of this chapter if the
individual who holds the certificate or license issued under this title is
convicted of any of the following:
      (1) Dealing in a controlled substance resulting in death under
      IC 35-42-1-1.5.
      (2) Dealing in or manufacturing cocaine or a narcotic drug under
      IC 35-48-4-1.
      (3) Dealing in methamphetamine under IC 35-48-4-1.1.
      (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
      (5) Dealing in a schedule I, II, or III controlled substance under
      IC 35-48-4-2.
      (6) Dealing in a schedule IV controlled substance under
      IC 35-48-4-3.
      (7) Dealing in a schedule V controlled substance under
      IC 35-48-4-4.
      (8) Dealing in a substance represented to be a controlled
      substance under IC 35-48-4-4.5 (repealed).
      (9) Knowingly or intentionally manufacturing, advertising,
      distributing, or possessing with intent to manufacture, advertise,
      or distribute a substance represented to be a controlled substance
      under IC 35-48-4-4.6.
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       (10) Dealing in a counterfeit substance under IC 35-48-4-5.
       (11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
       under IC 35-48-4-10.
       (12) An offense under IC 35-48-4 involving the manufacture or
       sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
       synthetic drug lookalike substance (as defined in
       IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
       IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
       substance analog (as defined in IC 35-48-1.1-8), or a substance
       represented to be a controlled substance (as described in
       IC 35-48-4-4.6).
       (13) A crime of violence (as defined in IC 35-50-1-2(a)).
       IC 35-31.5-2-79).
    SECTION 9. IC 25-1-1.1-6, AS AMENDED BY P.L.93-2024,
SECTION 177, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 6. (a) This section applies to a
license or certificate under this title that is in effect on July 1, 2018, or
created on or established after that date.
    (b) As used in this section, "crime" has the meaning set forth in
IC 33-23-1-4.
    (c) As used in this section, "criminal history information" has the
meaning set forth in IC 5-2-4-1.
    (d) Not later than November 1, 2018, a board, commission, or
committee shall revise its licensing or certification requirements to the
extent necessary to explicitly list the crimes that may disqualify an
individual from receiving a license or certificate under this title. The
board, commission, or committee may not:
       (1) use nonspecific terms, such as moral turpitude or good
       character, as a licensing or certification requirement; or
       (2) consider an arrest that does not result in a conviction.
    (e) A board's, commission's, or committee's use of an individual's
conviction of a crime as a conviction of concern is limited to a crime
directly related to the duties and responsibilities of the occupation or
profession for which the individual is applying for or holds a license or
certification.
    (f) If an individual has a conviction of concern, the period of
disqualification may not exceed five (5) years after the date of the
conviction, unless the individual:
       (1) was convicted of a crime of violence (as defined by
       IC 35-50-1-2(a)); IC 35-31.5-2-79);
       (2) was convicted of an offense relating to a criminal sexual act
       (as defined by IC 35-31.5-2-216); or
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       (3) is convicted of a second or subsequent crime during the
       disqualification period.
    (g) An individual having a conviction of concern may at any time
petition a board, commission, or committee requiring a license or
certificate for a determination as to whether the individual's conviction
of concern will disqualify the individual from receiving the license or
certification. An individual filing a petition under this subsection shall
submit the following:
       (1) At no expense to the state, a national criminal background
       check by the Federal Bureau of Investigation.
       (2) Any additional information requested by the board,
       commission, or committee to assist the board, commission, or
       committee in its review of the individual's petition.
    (h) If an individual has a conviction of concern, the board,
commission, or committee shall consider the following in determining
whether to deny a license or certification to the individual based on the
following factors:
       (1) The nature and seriousness of the crime for which the
       individual was convicted.
       (2) The passage of time since the commission of the crime.
       (3) The relationship of the crime to the ability, capacity, and
       fitness required to perform the duties and discharge the
       responsibilities of the occupation.
       (4) Evidence of rehabilitation or treatment undertaken by the
       individual that might mitigate against a direct relation to the
       ability, capacity, and fitness required to perform the duties and
       discharge the responsibilities of the occupation.
    (i) If a board, commission, or committee determines an individual's
conviction of concern disqualifies the individual from receiving a
license or certification solely or in part because of the individual's
criminal history, the board, commission, or committee shall notify the
individual in writing of the following:
       (1) The grounds and reasons for the denial or disqualification.
       (2) The individual has the right to a hearing to challenge the
       licensing authority's decision.
       (3) The earliest date the individual may reapply for a license or
       certification or the earliest date the individual can petition the
       board, commission, or committee for a review.
       (4) Evidence of rehabilitation may be considered upon
       reapplication.
       (5) Findings for each of the factors specified in subdivisions (1)
       through (4).
HEA 1258 — Concur
                                   14
Any written determination that an individual's criminal history contains
a conviction of concern that merits the denial of a license must be
documented in written findings under subdivision (1) by clear and
convincing evidence sufficient for review by a court. In an
administrative hearing or a civil action reviewing the denial of a
license, a board, commission, or committee has the burden of proof on
the question of whether the individual's criminal history, based on the
standards provided in subsection (h), should lead to the denial of a
license.
    (j) The board, commission, or committee shall inform the individual
of its determination concerning the individual's petition not later than
sixty (60) days after the petition, criminal history information, and any
other information requested under subsection (g) is received by the
board, commission, or committee.
    (k) The board, commission, or committee may charge a fee
established under IC 25-1-8 that does not exceed twenty-five dollars
($25) to pay its costs of reviewing a petition filed under subsection (g).
    (l) A board, commission, or committee may adopt rules under
IC 4-22-2 to implement this section.
    SECTION 10. IC 25-23.6-1-5.7, AS AMENDED BY P.L.142-2020,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5.7. (a) "Practice of addiction counseling" means
the providing of professional services that are delivered by a licensed
addiction counselor, that are designed to change substance use or
addictive behavior, and that involve specialized knowledge and skill
related to addictions and addictive behaviors, including understanding
addiction, knowledge of the treatment process, application to practice,
and professional readiness. The term includes:
       (1) gathering information through structured interview screens
       using routine protocols;
       (2) reviewing assessment findings to assist in the development of
       a plan individualized for treatment services and to coordinate
       services;
       (3) referring for assessment, diagnosis, evaluation, and mental
       health therapy;
       (4) providing client and family education related to addictions;
       (5) providing information on social networks and community
       systems for referrals and discharge planning;
       (6) participating in multidisciplinary treatment team meetings or
       consulting with clinical addiction professionals;
       (7) counseling, through individual and group counseling, as well
       as group and family education, to treat addiction and substance
HEA 1258 — Concur
                                   15
     abuse in a variety of settings, including:
         (A) mental and physical health facilities; and
         (B) child and family service agencies; and
     (8) maintaining the highest level of professionalism and ethical
     responsibility.
   (b) The term does not include the use of psychotherapy or diagnosis
(as defined in IC 25-22.5-1-1.1(c) or as defined as the practice of
psychology under IC 25-33-1-2(a)).
   (c) For an individual who obtains a license as an addiction counselor
by:
     (1) holding a valid:
         (A) level II or higher certification or the equivalent
         certification from a credentialing agency approved by the
         division of mental health and addiction; or
         (B) certification as an addiction counselor or addiction
         therapist from a credentialing agency that is approved by the
         board;
     (2) having at least ten (10) years of experience in addiction
     counseling;
     (3) furnishing satisfactory evidence to the board that the
     individual does not have:
         (A) a conviction for a crime of violence (as defined in
         IC 35-50-1-2); IC 35-31.5-2-79); or
         (B) a conviction in the previous two (2) years that has a direct
         bearing on the individual's ability to practice competently; and
     (4) filing an initial application with the board before July 1, 2010;
the term includes the provision of addiction counseling services in
private practice in consultation with other licensed professionals as
required by the client's individualized treatment plan.
   SECTION 11. IC 25-23.6-10.5-1, AS AMENDED BY
P.L.142-2020, SECTION 28, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1. An individual who
applies for a license as an addiction counselor must meet the following
requirements:
     (1) Furnish satisfactory evidence to the board that the individual
     has:
         (A) received a baccalaureate or higher degree in addiction
         counseling or in a related area as determined by the board
         from:
           (i) an eligible postsecondary educational institution that
           meets the requirements under section 3(1) of this chapter; or
           (ii) a foreign school that has a program of study that meets
HEA 1258 — Concur
                                   16
            the requirements under section 3(2) or 3(3) of this chapter;
         (B) completed the educational requirements under section 5 of
         this chapter; and
         (C) completed the experience requirements under section 7 of
         this chapter.
      (2) Furnish satisfactory evidence to the board that the individual
      does not have a:
         (A) conviction for a crime of violence (as defined in
         IC 35-50-1-2); IC 35-31.5-2-79); or
         (B) conviction in the previous two (2) years that has a direct
         bearing on the individual's ability to practice competently.
      (3) Furnish satisfactory evidence to the board that the individual
      has not been the subject of a disciplinary action by a licensing or
      certification agency of another state or jurisdiction on the grounds
      that the individual was not able to practice as an addiction
      counselor without endangering the public.
      (4) Pass an examination established by the board.
      (5) Pay the fee established by the board.
   SECTION 12. IC 25-23.6-10.5-1.5, AS AMENDED BY
P.L.142-2020, SECTION 29, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1.5. (a) An individual
who applies for a license as an addiction counselor associate must meet
the following requirements:
      (1) Furnish satisfactory evidence to the board that the individual
      has:
         (A) received a baccalaureate or higher degree in addiction
         counseling, or in a related area as determined by the board
         from:
            (i) an eligible postsecondary educational institution that
            meets the requirement under section 3(1) of this chapter; or
            (ii) a foreign school that has a program of study that meets
            the requirement under section 3(2) or 3(3) of this chapter;
            and
         (B) completed the educational requirements under section 5 of
         this chapter.
      (2) Furnish satisfactory evidence to the board that the individual
      does not have a:
         (A) conviction for a crime of violence (as defined in
         IC 35-50-1-2); IC 35-31.5-2-79); or
         (B) conviction in the previous two (2) years that has a direct
         bearing on the individual's ability to practice competently.
      (3) Furnish satisfactory evidence to the board that the individual
HEA 1258 — Concur
                                   17
      has not been the subject of a disciplinary action by a licensing or
      certification agency of another state or jurisdiction on the grounds
      that the individual was not able to practice as an addiction
      counselor associate without endangering the public.
      (4) Pass an examination established by the board.
      (5) Pay the fee established by the board.
    (b) The board shall issue an associate temporary permit to practice
addiction counseling or clinical addiction counseling to an individual
who:
      (1) meets the educational requirements for a license as an
      addiction counselor or clinical addiction counselor;
      (2) is pursuing the required clinical supervisory hours for a
      license as an addiction counselor or clinical addiction counselor;
      and
      (3) pays a fee for the temporary permit set by the board.
An associate temporary permit issued under this subsection expires one
(1) year after the date the permit is issued, without regard to the
number of times the individual passes or fails the required examination
to become a licensed addiction counselor or clinical addiction
counselor. The temporary permit may not be renewed.
    SECTION 13. IC 25-23.6-10.5-2, AS AMENDED BY
P.L.142-2020, SECTION 30, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 2. An individual who
applies for a license as a clinical addiction counselor must meet the
following requirements:
      (1) Furnish satisfactory evidence to the board that the individual
      has:
          (A) received a master's or doctor's degree in addiction
          counseling, addiction therapy, or a related area as determined
          by the board from an eligible postsecondary educational
          institution that meets the requirements under section 4(a)(1) of
          this chapter or from a foreign school that has a program of
          study that meets the requirements under section 4(a)(2) or
          4(a)(3) of this chapter;
          (B) completed the educational requirements under section 6 of
          this chapter; and
          (C) completed the experience requirements under section 8 of
          this chapter.
      (2) Furnish satisfactory evidence to the board that the individual
      does not have a:
          (A) conviction for a crime of violence (as defined in
          IC 35-50-1-2); IC 35-31.5-2-79); or
HEA 1258 — Concur
                                   18
         (B) conviction in the previous two (2) years that has a direct
         bearing on the individual's ability to practice competently.
     (3) Furnish satisfactory evidence to the board that the individual
     has not been the subject of a disciplinary action by a licensing or
     certification agency of another state or jurisdiction on the grounds
     that the individual was not able to practice as a clinical addiction
     counselor without endangering the public.
     (4) Pass an examination established by the board.
     (5) Pay the fee established by the board.
   SECTION 14. IC 25-23.6-10.5-2.5, AS AMENDED BY
P.L.142-2020, SECTION 31, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 2.5. An individual who
applies for a license as a clinical addiction counselor associate must
meet the following requirements:
     (1) Furnish satisfactory evidence to the board that the individual
     has:
         (A) received a master's or doctor's degree in addiction
         counseling, or in a related area as determined by the board
         from:
           (i) an eligible postsecondary educational institution that
           meets the requirements under section 4(a)(1) of this chapter;
           or
           (ii) a foreign school that has a program of study that meets
           the requirements under section 4(a)(2) or 4(a)(3) of this
           chapter; and
         (B) completed the education requirements under section 6 of
         this chapter.
     (2) Furnish satisfactory evidence to the board that the individual
     does not have a:
         (A) conviction for a crime of violence (as defined in
         IC 35-50-1-2); IC 35-31.5-2-79); or
         (B) conviction in the previous two (2) years that has a direct
         bearing on the individual's ability to practice competently.
     (3) Furnish satisfactory evidence to the board that the individual
     has not been the subject of a disciplinary action by a licensing or
     certification agency of another state or jurisdiction on the grounds
     that the individual was not able to practice as a clinical addiction
     counselor associate without endangering the public.
     (4) Pass an examination established by the board.
     (5) Pay the fee established by the board.
   SECTION 15. IC 27-10-2-4.5, AS ADDED BY P.L.147-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
HEA 1258 — Concur
                                    19
JULY 1, 2026]: Sec. 4.5. (a) The following definitions apply
throughout this section:
      (1) "Charitable bail organization" means a business entity, or a
      nonprofit organization under:
         (A) the Internal Revenue Code; or
         (B) Indiana law;
      that exists for the purpose of paying cash bail for another person.
      However, the term does not include a person who pays cash bail
      for three (3) or fewer defendants in any one hundred eighty (180)
      day period, or a person who pays bail for a relative (as defined in
      IC 35-42-2-1(b)).
      (2) "Crime of violence" has the meaning set forth in
      IC 35-50-1-2(a). IC 35-31.5-2-79.
    (b) The commissioner may certify a charitable bail organization if
the charitable bail organization:
      (1) is a business entity, or a nonprofit organization under:
         (A) the Internal Revenue Code; or
         (B) Indiana law;
      (2) is currently registered to do business in Indiana;
      (3) is located in Indiana; and
      (4) exists for the purpose of depositing cash bail for an indigent
      defendant who:
         (A) is not charged with a crime of violence; or
         (B) if charged with a felony, does not have a prior conviction
         for a crime of violence.
    (c) A person may apply for certification under this section in
accordance with rules adopted under this section.
    (d) The commissioner shall certify a person as a charitable bail
organization if the:
      (1) person pays an application fee of three hundred dollars
      ($300);
      (2) person meets the requirements of this section; and
      (3) person, including an officer or director of the person, has not
      engaged in conduct that:
         (A) constitutes fraud, dishonesty, or deception;
         (B) constitutes malfeasance, misfeasance, or nonfeasance in
         dealing with money; or
         (C) resulted in the suspension or revocation of a previous
         certification.
    (e) A charitable bail certification is valid for two (2) years from the
date of issuance and may be renewed upon payment of a renewal fee
of three hundred dollars ($300). If a person applies for renewal before
HEA 1258 — Concur
                                    20
the expiration of the existing certification, the existing certification
remains valid until the commissioner renews the certification, or until
five (5) days after the commissioner denies the application for renewal.
A person is entitled to renewal unless the commissioner denies the
application for renewal under subsection (f).
    (f) The commissioner shall deny, suspend, revoke, or refuse to
renew certification for any of the following causes:
       (1) Any cause for which issuance of the certification could have
       been refused had it then existed and been known to the
       commissioner.
       (2) Violation of any laws of this state in the course of dealings
       under the certification.
       (3) Material misstatement, misrepresentation, or fraud in
       obtaining the certification.
       (4) Misappropriation, conversion, or unlawful withholding of
       money belonging to donors or others and received in the conduct
       of business under the certification.
       (5) Fraudulent or dishonest practices in the conduct of business
       under the certification.
       (6) Willful failure to comply with or willful violation of any
       proper order or rule of the commissioner.
       (7) When, in the judgment of the commissioner, the certificate
       holder has, in the conduct of affairs under the certification,
       demonstrated:
          (A) incompetency or untrustworthiness;
          (B) conduct or practices rendering the certificate holder unfit
          to carry on charitable bail activities or making the certificate
          holder's continuance detrimental to the public interest; or
          (C) that the certificate holder is no longer in good faith
          carrying on as a charitable bail organization;
       and for these reasons is found by the commissioner to be a source
       of detriment, injury, or loss to the public.
       (8) The listing of the name of the applicant or certificate holder on
       the most recent tax warrant list supplied to the commissioner by
       the department of state revenue.
    (g) A charitable bail organization must comply with all of the
following:
       (1) If the charitable bail organization pays, or intends to pay, bail
       for more than three (3) individuals in any one hundred eighty
       (180) day period, the charitable bail organization must be certified
       by the commissioner under this section before soliciting or
       accepting donations for bail for another person, and before
HEA 1258 — Concur
                                    21
      depositing money for bail for another person.
      (2) A charitable bail organization may not pay bail for a defendant
      who:
          (A) is charged with a crime of violence; or
          (B) is charged with a felony and has a prior conviction for a
          crime of violence.
      (3) A charitable bail organization may not execute a surety bond
      for a defendant.
      (4) A charitable bail organization shall, before paying bail for an
      individual, execute an agreement described in IC 35-33-8-3.2
      allowing the court to retain all or a part of the bail to pay publicly
      paid costs of representation and fines, costs, fees, and restitution
      that the court may order the defendant to pay if the defendant is
      convicted.
      (5) A charitable bail organization may not charge a premium or
      receive any consideration for acting as a charitable bail
      organization.
   (h) All fees collected under this section must be deposited in the
bail bond enforcement and administration fund created by
IC 27-10-5-1.
   (i) Any authorized employee of a charitable bail organization may
only deposit cash bail to the court.
   (j) If an individual fails to appear, the bail shall be forfeited in the
manner described in IC 35-33-8-7 and the court shall take the steps
described in IC 35-33-8-8.
   SECTION 16. IC 33-23-18-1, AS ADDED BY P.L.205-2023,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. The following definitions apply throughout this
chapter:
      (1) "Assessor" means a physician licensed under IC 25-22.5 or a
      psychologist licensed under IC 25-33, if the physician or
      psychologist is registered with the division to conduct an
      assessment under this chapter.
      (2) "Council" means a local or regional justice reinvestment
      advisory council established by IC 33-38-9.5-4.
      (3) "Crime of violence" has the meaning set forth in
      IC 35-50-1-2(a). IC 35-31.5-2-79.
      (4) "Division" means the division of mental health and addiction.
      (5) "Qualified adult" means an adult whom a referral program is
      designed to assist.
      (6) "Referral program" means a program established under
      section 2 of this chapter designed to provide an adult an
HEA 1258 — Concur
                                   22
     opportunity to receive voluntary community treatment addressing
     mental health, and other services as a condition of pretrial release.
     The term includes a regional referral program.
   SECTION 17. IC 35-31.5-2-79, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 79. "Crime of violence", for purposes of
IC 35-50-1-2, has the meaning set forth in IC 35-50-1-2(a). means the
following:
     (1) Murder (IC 35-42-1-1).
     (2) Attempted murder (IC 35-41-5-1).
     (3) Voluntary manslaughter (IC 35-42-1-3).
     (4) Involuntary manslaughter (IC 35-42-1-4).
     (5) Reckless homicide (IC 35-42-1-5).
     (6) Battery (IC 35-42-2-1) as a felony.
     (7) Domestic battery (IC 35-42-2-1.3) as a felony.
     (8) Aggravated battery (IC 35-42-2-1.5).
     (9) Strangulation (IC 35-42-2-9) as a Level 5 felony.
     (10) Kidnapping (IC 35-42-3-2).
     (11) Rape (IC 35-42-4-1).
     (12) Criminal deviate conduct (IC 35-42-4-2) (before its
     repeal).
     (13) Child molesting (IC 35-42-4-3).
     (14) Child exploitation as a Level 5 felony under
     IC 35-42-4-4(b) or a Level 4 felony under IC 35-42-4-4(c).
     (15) Sexual misconduct with a minor as a:
        (A) Class A felony under IC 35-42-4-9(a)(2) (for a crime
        committed before July 1, 2014);
        (B) Class B felony under IC 35-42-4-9(b)(2) (for a crime
        committed before July 1, 2014);
        (C) Level 1 felony under IC 35-42-4-9(a)(2) (for a crime
        committed after June 30, 2014); or
        (D) Level 2 felony under IC 35-42-4-9(b)(2) (for a crime
        committed after June 30, 2014).
     (16) Robbery as a:
        (A) Class A felony or Class B felony under IC 35-42-5-1
        (for a crime committed before July 1, 2014); or
        (B) Level 2 felony or Level 3 felony under IC 35-42-5-1 (for
        a crime committed after June 30, 2014).
     (17) Arson as a:
        (A) Class A felony or Class B felony under IC 35-43-1-1
        (for a crime committed before July 1, 2014); or
        (B) Level 2 felony, Level 3 felony, or Level 4 felony under
HEA 1258 — Concur
                              23
      IC 35-43-1-1 (for a crime committed after June 30, 2014).
   (18) Burglary as a:
      (A) Class A felony or Class B felony under IC 35-43-2-1
      (for a crime committed before July 1, 2014); or
      (B) Level 1 felony, Level 2 felony, Level 3 felony, or Level
      4 felony under IC 35-43-2-1 (for a crime committed after
      June 30, 2014).
   (19) Escape (IC 35-44.1-3-4) as a Level 5 or higher felony.
   (20) Criminal stalking (IC 35-45-10-5) as a Level 5 or higher
   felony.
   (21) Offenses relating to regulated explosives (IC 35-47.5-5).
   (22) Operating a vehicle while intoxicated causing death or
   catastrophic injury (IC 9-30-5-5).
   (23) Operating a vehicle while intoxicated causing serious
   bodily injury to another person (IC 9-30-5-4).
   (24) Resisting law enforcement as a felony (IC 35-44.1-3-1).
   (25) Unlawful possession of a firearm by a serious violent
   felon (IC 35-47-4-5).
   (26) Dangerous possession of a firearm (IC 35-47-10-5), if:
      (A) the child has at least two (2) unrelated prior
      convictions under IC 35-47-10-5 or IC 35-47-2-1.5
      (unlawful carrying of a handgun);
      (B) the child has at least two (2) unrelated prior
      delinquency adjudications for an act that would be an
      offense under IC 35-47-10-5 or IC 35-47-2-1.5 (unlawful
      carrying of a handgun); or
      (C) the child has at least one (1) unrelated prior:
        (i) conviction under IC 35-47-10-5 or IC 35-47-2-1.5
        (unlawful carrying of a handgun); and
        (ii) delinquency adjudication for an act that would be an
        offense under IC 35-47-10-5 or IC 35-47-2-1.5 (unlawful
        carrying of a handgun).
   (27) Unlawful carrying of a handgun (IC 35-47-2-1.5), if:
      (A) the person has two (2) unrelated prior convictions
      under IC 35-47-2-1.5 or IC 35-47-10-5 (dangerous
      possession of a firearm);
      (B) the person has at least two (2) unrelated prior
      delinquency adjudications for an act that would be an
      offense under IC 35-47-2-1.5 or IC 35-47-10-5 (dangerous
      possession of a firearm); or
      (C) the person has at least one (1) unrelated prior:
        (i) conviction under IC 35-47-2-1.5 or IC 35-47-10-5
HEA 1258 — Concur
                                  24
           (dangerous possession of a firearm); and
           (ii) delinquency adjudication for an act that would be an
           offense under IC 35-47-2-1.5 or IC 35-47-10-5
           (dangerous possession of a firearm).
   SECTION 18. IC 35-31.5-2-352, AS AMENDED BY P.L.240-2019,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 352. "Violent offender" means a person who is:
     (1) convicted of an offense or attempted offense under
     IC 35-50-1-2(a), IC 35-42-2-1, IC 35-42-2-1.3, IC 35-43-1-1,
     IC 35-44.1-3-4, IC 35-45-10-5, IC 35-47-5-1 (repealed), or
     IC 35-47.5-5; that is a crime of violence (as defined in section
     79 of this chapter);
     (2) charged with an offense or attempted offense listed in
     IC 35-50-1-2(a), IC 35-42-2-1, IC 35-42-2-1.3, IC 35-42-4,
     IC 35-43-1-1, IC 35-44.1-3-4, IC 35-45-10-5, IC 35-46-1-3,
     IC 35-47-5-1 (repealed), or IC 35-47.5-5; that is a crime of
     violence (as defined in section 79 of this chapter); or
     (3) a security risk as defined by section 290 of this chapter.
   SECTION 19. IC 35-33-8-3.4, AS ADDED BY P.L.197-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3.4. (a) This section applies only to a violent
arrestee. or a repeat violent arrestee.
   (b) The following definitions apply throughout this section:
     (1) "Crime of violence" means an offense:
         (A) described in IC 35-50-1-2(a); and
         (B) that is a Level 1, Level 2, Level 3, Level 4, or Level 5
         felony.
     (2) "Repeat violent arrestee" means a person arrested for or
     charged with a crime of violence who has a prior conviction for
     a crime of violence.
     (3) As used in this section, "violent arrestee" means a person
     arrested for or charged with a crime of violence (as defined in
     IC 35-31.5-2-79), that is a Level 1 felony, Level 2 felony, Level
     3 felony, Level 4 felony, or Level 5 felony.
   (c) A violent arrestee or a repeat violent arrestee may only be
released on bail set individually by the court following a hearing held
in open court. Before releasing a violent arrestee or a repeat violent
arrestee on bail the court must:
     (1) review the probable cause affidavit or arrest warrant; and
     (2) impose money bail payable by surety bond or cash deposit.
   (d) In accordance with IC 27-10-2-4.5(g)(2), a charitable bail
organization may not pay money bail imposed under this section on
HEA 1258 — Concur
                                   25
behalf of a violent arrestee. or a repeat violent arrestee.
   SECTION 20. IC 35-38-1-7.1, AS AMENDED BY P.L.218-2025,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7.1. (a) In determining what sentence to impose
for a crime, the court may consider the following aggravating
circumstances:
     (1) The harm, injury, loss, or damage suffered by the victim of an
     offense was:
         (A) significant; and
         (B) greater than the elements necessary to prove the
         commission of the offense.
     (2) The person has a history of criminal or delinquent behavior.
     (3) The victim of the offense was less than twelve (12) years of
     age or at least sixty-five (65) years of age at the time the person
     committed the offense.
     (4) The person:
         (A) committed a crime of violence (IC 35-50-1-2);
         (IC 35-31.5-2-79); and
         (B) knowingly committed the offense in the presence or within
         hearing of an individual who:
           (i) was less than eighteen (18) years of age at the time the
           person committed the offense; and
           (ii) is not the victim of the offense.
     (5) The person violated a protective order issued against the
     person under IC 34-26-5 (or IC 31-1-11.5, IC 34-26-2, or
     IC 34-4-5.1 before their repeal), a workplace violence restraining
     order issued against the person under IC 34-26-6, or a no contact
     order issued against the person.
     (6) The person has recently violated the conditions of any
     probation, parole, pardon, community corrections placement, or
     pretrial release granted to the person.
     (7) The victim of the offense was:
         (A) a person with a disability (as defined in IC 27-7-6-12), and
         the defendant knew or should have known that the victim was
         a person with a disability; or
         (B) mentally or physically infirm.
     (8) The person was in a position having care, custody, or control
     of the victim of the offense.
     (9) The injury to or death of the victim of the offense was the
     result of shaken baby syndrome (as defined in IC 16-41-40-2) or
     abusive head trauma.
     (10) The person threatened to harm the victim of the offense or a
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                                    26
     witness if the victim or witness told anyone about the offense.
     (11) The person:
         (A) committed trafficking with an inmate under
         IC 35-44.1-3-5; and
         (B) is an employee of the penal facility.
     (12) The person committed the offense with bias due to the
     victim's or the group's real or perceived characteristic, trait, belief,
     practice, association, or other attribute the court chooses to
     consider, including but not limited to an attribute described in
     IC 10-13-3-1.
     (13) The person is or has been an alien (as defined by 8 U.S.C.
     1101(a)) unlawfully present in the United States. A determination
     by the United States Department of Homeland Security that an
     alien has come to, entered, or remained in the United States in
     violation of law is evidence that the alien is or has been
     unlawfully present in the United States.
     (14) The offense involved dealing in a controlled substance under
     IC 35-48-4 and the person distributed the controlled substance to
     at least three (3) different individuals in a one hundred eighty
     (180) day period.
   (b) The court may consider the following factors as mitigating
circumstances or as favoring suspending the sentence and imposing
probation:
     (1) The crime neither caused nor threatened serious harm to
     persons or property, or the person did not contemplate that it
     would do so.
     (2) The crime was the result of circumstances unlikely to recur.
     (3) The victim of the crime induced or facilitated the offense.
     (4) There are substantial grounds tending to excuse or justify the
     crime, though failing to establish a defense.
     (5) The person acted under strong provocation.
     (6) The person has no history of delinquency or criminal activity,
     or the person has led a law-abiding life for a substantial period
     before commission of the crime.
     (7) The person is likely to respond affirmatively to probation or
     short term imprisonment.
     (8) The character and attitudes of the person indicate that the
     person is unlikely to commit another crime.
     (9) The person has made or will make restitution to the victim of
     the crime for the injury, damage, or loss sustained.
     (10) Imprisonment of the person will result in undue hardship to
     the person or the dependents of the person.
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                                  27
     (11) The person was convicted of a crime involving the use of
     force against a person who had repeatedly inflicted physical or
     sexual abuse upon the convicted person and evidence shows that
     the convicted person suffered from the effects of battery as a
     result of the past course of conduct of the individual who is the
     victim of the crime for which the person was convicted.
     (12) The person was convicted of a crime relating to a controlled
     substance and the person's arrest or prosecution was facilitated in
     part because the person:
          (A) requested emergency medical assistance; or
          (B) acted in concert with another person who requested
          emergency medical assistance;
     for an individual who reasonably appeared to be in need of
     medical assistance due to the use of alcohol or a controlled
     substance.
     (13) The person has posttraumatic stress disorder, traumatic brain
     injury, or a postconcussive brain injury.
     (14) The person is a person described in IC 31-30-1-4(d) who
     committed the offense while the person was a child but is now at
     least twenty-one (21) years of age.
     (15) The offense involved a controlled substance under
     IC 35-48-4 and the person:
          (A) sought treatment:
            (i) in the three hundred sixty-five (365) day period
            preceding the date of the commission of the offense; or
            (ii) on or after the date on which the person committed the
            offense, but before sentencing; and
          (B) successfully completed treatment:
            (i) in the three hundred sixty-five (365) day period
            preceding the date of the commission of the offense; or
            (ii) on or after the date on which the person committed the
            offense, but before sentencing.
   (c) The criteria listed in subsections (a) and (b) do not limit the
matters that the court may consider in determining the sentence.
   (d) A court may impose any sentence that is:
     (1) authorized by statute; and
     (2) permissible under the Constitution of the State of Indiana;
regardless of the presence or absence of aggravating circumstances or
mitigating circumstances.
   (e) If a court suspends a sentence and orders probation for a person
described in subsection (b)(13), the court may require the person to
receive treatment for the person's injuries.
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                                  28
    SECTION 21. IC 35-38-1-17, AS AMENDED BY P.L.148-2024,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 17. (a) Notwithstanding IC 1-1-5.5-21, this section
applies to a person who:
      (1) commits an offense; or
      (2) is sentenced;
before July 1, 2014.
    (b) This section does not apply to a credit restricted felon.
    (c) Except as provided in subsections (k) and (m), this section does
not apply to a violent criminal.
    (d) As used in this section, "violent criminal" means a person
convicted of a crime of violence (as defined in IC 35-31.5-2-79). any
of the following offenses:
      (1) Murder (IC 35-42-1-1).
      (2) Attempted murder (IC 35-41-5-1).
      (3) Voluntary manslaughter (IC 35-42-1-3).
      (4) Involuntary manslaughter (IC 35-42-1-4).
      (5) Reckless homicide (IC 35-42-1-5).
      (6) Aggravated battery (IC 35-42-2-1.5).
      (7) Kidnapping (IC 35-42-3-2).
      (8) Rape (IC 35-42-4-1).
      (9) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
      (10) Child molesting (IC 35-42-4-3).
      (11) Sexual misconduct with a minor as a Class A felony under
      IC 35-42-4-9(a)(2) or a Class B felony under IC 35-42-4-9(b)(2)
      (for a crime committed before July 1, 2014) or sexual misconduct
      with a minor as a Level 1 felony under IC 35-42-4-9(a)(2) or a
      Level 2 felony under IC 35-42-4-9(b)(2) (for a crime committed
      after June 30, 2014).
      (12) Robbery as a Class A felony or a Class B felony
      (IC 35-42-5-1) (for a crime committed before July 1, 2014) or
      robbery as a Level 2 felony or a Level 3 felony (IC 35-42-5-1) (for
      a crime committed after June 30, 2014).
      (13) Burglary as Class A felony or a Class B felony
      (IC 35-43-2-1) (for a crime committed before July 1, 2014) or
      burglary as a Level 1 felony, Level 2 felony, Level 3 felony, or
      Level 4 felony (IC 35-43-2-1) (for a crime committed after June
      30, 2014).
      (14) Unlawful possession of a firearm by a serious violent felon
      (IC 35-47-4-5).
    (e) At any time after:
      (1) a convicted person begins serving the person's sentence; and
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                                   29
       (2) the court obtains a report from the department of correction
       concerning the convicted person's conduct while imprisoned;
the court may reduce or suspend the sentence and impose a sentence
that the court was authorized to impose at the time of sentencing.
However, if the convicted person was sentenced under the terms of a
plea agreement, the court may not, without the consent of the
prosecuting attorney, reduce or suspend the sentence and impose a
sentence not authorized by the plea agreement. The court must
incorporate its reasons in the record.
    (f) If the court sets a hearing on a petition under this section, the
court must give notice to the prosecuting attorney and the prosecuting
attorney must give notice to the victim (as defined in IC 35-31.5-2-348)
of the crime for which the convicted person is serving the sentence.
    (g) The court may suspend a sentence for a felony under this section
only if suspension is permitted under IC 35-50-2-2.2, or, if applicable,
IC 35-50-2-2 (repealed).
    (h) The court may deny a request to suspend or reduce a sentence
under this section without making written findings and conclusions.
    (i) The court is not required to conduct a hearing before reducing or
suspending a sentence under this section if:
       (1) the prosecuting attorney has filed with the court an agreement
       of the reduction or suspension of the sentence; and
       (2) the convicted person has filed with the court a waiver of the
       right to be present when the order to reduce or suspend the
       sentence is considered.
    (j) This subsection applies only to a convicted person who is not a
violent criminal. A convicted person who is not a violent criminal may
file a petition for sentence modification under this section:
       (1) not more than one (1) time in any three hundred sixty-five
       (365) day period; and
       (2) a maximum of two (2) times during any consecutive period of
       incarceration;
without the consent of the prosecuting attorney.
    (k) This subsection applies to a convicted person who is a violent
criminal. Except as provided in subsection (n), a convicted person who
is a violent criminal may, not later than three hundred sixty-five (365)
days from the date of sentencing, file one (1) petition for sentence
modification under this section without the consent of the prosecuting
attorney. After the elapse of the three hundred sixty-five (365) day
period, a violent criminal may not file a petition for sentence
modification without the consent of the prosecuting attorney.
    (l) A person may not waive the right to sentence modification under
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                                   30
this section as part of a plea agreement. Any purported waiver of the
right to sentence modification under this section in a plea agreement is
invalid and unenforceable as against public policy. This subsection
does not prohibit the finding of a waiver of the right to:
      (1) have a court modify a sentence and impose a sentence not
      authorized by the plea agreement, as described under subsection
      (e); or
      (2) sentence modification for any other reason, including failure
      to comply with the provisions of this section.
    (m) Notwithstanding subsection (k), a person who commits an
offense after June 30, 2014, and before May 15, 2015, may file one (1)
petition for sentence modification without the consent of the
prosecuting attorney, even if the person has previously filed a petition
for sentence modification.
    (n) A person sentenced in a criminal court having jurisdiction over
an offense committed when the person was less than eighteen (18)
years of age may file an additional petition for sentence modification
under this section without the consent of the prosecuting attorney if the
person has served at least:
      (1) fifteen (15) years of the person's sentence, if the person is not
      serving a sentence for murder; or
      (2) twenty (20) years of the person's sentence, if the person is
      serving a sentence for murder.
The time periods described in this subsection are computed on the
basis of time actually served and do not include any reduction applied
for good time credit or educational credit time.
    SECTION 22. IC 35-38-2.7-2, AS AMENDED BY P.L.22-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) A supervising agency must do the
following:
      (1) Except as provided in subdivision (2), an employee or contract
      employee of a supervising agency must provide notification to the
      supervising agency as soon as possible, but not later than twelve
      (12) hours, after:
          (A) the monitoring device of a tracked individual suffers an
          unexplained or undocumented loss of communication with the
          employee, and the employee is unable to verify the tracked
          individual's presence at an approved location by using a
          backup verification method, if applicable;
          (B) a tracked individual enters a prohibited exclusion zone; or
          (C) a tracked individual removes, disables, or otherwise
          interferes with a monitoring device.
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                                31
   (2) An employee or contract employee of a supervising agency
   who is required to provide a notification to the supervising agency
   under subdivision (1) with respect to a tracked individual who is
   placed on electronic monitoring due to being charged with or
   convicted of:
       (A) a crime of violence (as defined in IC 35-50-1-2(a));
       IC 35-31.5-2-79); or
       (B) a crime of domestic or sexual violence (as defined in
       IC 16-18-2-88.5);
   shall provide the notification as soon as possible, but not later
   than fifteen (15) minutes, after the occurrence of an event
   described in subdivision (1)(A) through (1)(C). In addition, if the
   tracked individual has committed or is alleged to have committed
   a crime against a vulnerable victim, the supervising agency shall
   notify the vulnerable victim and request local law enforcement to
   conduct a welfare check on the vulnerable victim in accordance
   with the protocol developed by the supervising agency under
   subdivision (5).
   (3) Verify in person the location of each tracked individual placed
   on electronic monitoring due to being charged with or convicted
   of:
       (A) a crime of violence (as defined in IC 35-50-1-2(a));
       IC 35-31.5-2-79); or
       (B) a crime of domestic or sexual violence (as defined in
       IC 16-18-2-88.5);
   by making one (1) scheduled in person contact and one (1)
   unannounced in person contact with the individual in every thirty
   (30) day period.
   (4) Establish conditions relating to approved and unapproved
   locations for each tracked individual under the supervising
   agency's supervision.
   (5) Develop and establish a protocol for the supervising agency to
   use in contacting a vulnerable victim and local law enforcement
   with respect to a violation by a tracked individual.
   (6) Develop and publish a policy prohibiting certain relationships
   between a tracked individual and a supervising agency and
   employees of a supervising agency, including:
       (A) personal associations and relationships; and
       (B) business relationships.
   (7) Develop or approve detailed contingency plans for the
   supervising agency's operation in case of natural disaster, power
   outage, loss of telephone service, fire, flood, equipment
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                                   32
      malfunction, death, incapacitation, or personal emergency of an
      employee of a supervising agency, and, in the case of a
      supervising agency's contract with a third party contractor, the
      financial insolvency of the third party contractor.
      (8) Specify a backup verification method for a tracked individual
      if there is reason to believe that the tracked individual's
      monitoring device may lose communication with the supervising
      agency at an approved location. However, a supervising agency
      has the discretion to establish a backup verification method for
      any tracked individual regardless of whether the supervising
      agency has reason to believe that the monitoring device may lose
      communication at an approved location.
    (b) Beginning January 1, 2023, a supervising agency must transmit
a quarterly report to the local justice reinvestment advisory council
(established by IC 33-38-9.5-4) that includes information concerning:
      (1) the total number of tracked individuals under supervision
      during the quarter, whether they are under pretrial, or
      postdisposition, supervision, and the highest level of offense they
      are facing or have been convicted of;
      (2) the number of tracked individuals on active supervision at the
      end of the quarter and the number of supervision staff at the end
      of the quarter;
      (3) the total costs and fees levied and collected;
      (4) the number of tracked individuals under supervision whose
      supervision has been terminated and the reason for termination;
      and
      (5) the number of device malfunctions in the case of each tracked
      individual under supervision.
The report must be submitted to the local justice reinvestment advisory
council not later than fifteen (15) calendar days after the close of each
quarter. In addition, the division of parole services shall report directly
to the statewide justice reinvestment advisory council each quarter. The
local justice reinvestment advisory council shall transmit each report
electronically to the statewide justice reinvestment advisory council
(established by IC 33-38-9.5-2) as directed, which shall publish a
report quarterly. The statewide justice reinvestment advisory council
shall compile the quarterly reports published under this subsection and
electronically transmit an annual report to the legislative council and
to the judicial conference of Indiana not later than May 1 of each year.
The report to the legislative council must be in an electronic format
under IC 5-14-6.
    SECTION 23. IC 35-38-2.7-4, AS ADDED BY P.L.84-2022,
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                                   33
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) This subsection applies to a tracked
individual who is charged with or convicted of a crime of violence (as
defined in IC 35-50-1-2(a)) IC 35-31.5-2-79) or a crime of domestic or
sexual violence (as defined in IC 16-18-2-88.5). As soon as possible,
but not later than:
      (1) fifteen (15) minutes after a warrant has been issued for a
      tracked individual to whom this subsection applies, a local law
      enforcement agency shall transmit details of the warrant to all
      active units; and
      (2) sixty (60) minutes after a warrant has been issued for a tracked
      individual to whom this subsection applies, a local law
      enforcement agency shall dispatch a law enforcement officer to
      apprehend the tracked individual.
    (b) This subsection applies to a tracked individual who is not
charged with or convicted of a crime of violence (as defined in
IC 35-50-1-2(a)) IC 35-31.5-2-79) or a crime of domestic or sexual
violence (as defined in IC 16-18-2-88.5). As soon as possible, but not
later than:
      (1) sixty (60) minutes after a warrant has been issued for a tracked
      individual to whom this subsection applies, a local law
      enforcement agency shall transmit details of the warrant to all
      active units; and
      (2) forty-eight (48) hours after a warrant has been issued for a
      tracked individual to whom this subsection applies, a local law
      enforcement agency shall dispatch a law enforcement officer to
      apprehend the tracked individual.
    (c) The local law enforcement agency shall keep a record of each
dispatch made under this section.
    SECTION 24. IC 35-40-5-12, AS ADDED BY P.L.40-2019,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 12. (a) The following shall be identified by means
of a designation omitting the victim's name, such as "Victim 1", in
court documents open to the public:
      (1) A victim of a sex crime under IC 35-42-4.
      (2) A child victim of a crime of violence (as defined in
      IC 35-50-1-2). IC 35-31.5-2-79).
    (b) The state shall provide to the court a confidential document
identifying the victims named in the court documents.
    SECTION 25. IC 35-50-1-2, AS AMENDED BY P.L.218-2025,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) As used in this section, "crime of violence"
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                                  34
means the following: has the meaning set forth in IC 35-31.5-2-79.
     (1) Murder (IC 35-42-1-1).
     (2) Attempted murder (IC 35-41-5-1).
     (3) Voluntary manslaughter (IC 35-42-1-3).
     (4) Involuntary manslaughter (IC 35-42-1-4).
     (5) Reckless homicide (IC 35-42-1-5).
     (6) Battery (IC 35-42-2-1) as a:
         (A) Level 2 felony;
         (B) Level 3 felony;
         (C) Level 4 felony; or
         (D) Level 5 felony.
     (7) Domestic battery (IC 35-42-2-1.3) as a:
         (A) Level 2 felony;
         (B) Level 3 felony;
         (C) Level 4 felony; or
         (D) Level 5 felony.
     (8) Aggravated battery (IC 35-42-2-1.5).
     (9) Kidnapping (IC 35-42-3-2).
     (10) Rape (IC 35-42-4-1).
     (11) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
     (12) Child molesting (IC 35-42-4-3).
     (13) Sexual misconduct with a minor as a Level 1 felony under
     IC 35-42-4-9(a)(2) or a Level 2 felony under IC 35-42-4-9(b)(2).
     (14) Robbery as a Level 2 felony or a Level 3 felony
     (IC 35-42-5-1).
     (15) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony,
     or Level 4 felony (IC 35-43-2-1).
     (16) Operating a vehicle while intoxicated causing death or
     catastrophic injury (IC 9-30-5-5).
     (17) Operating a vehicle while intoxicated causing serious bodily
     injury to another person (IC 9-30-5-4).
     (18) Child exploitation as a Level 5 felony under IC 35-42-4-4(b)
     or a Level 4 felony under IC 35-42-4-4(c).
     (19) Resisting law enforcement as a felony (IC 35-44.1-3-1).
     (20) Unlawful possession of a firearm by a serious violent felon
     (IC 35-47-4-5).
     (21) Strangulation (IC 35-42-2-9) as a Level 5 felony.
   (b) As used in this section, "episode of criminal conduct" means
offenses or a connected series of offenses that are closely related in
time, place, and circumstance.
   (c) Except as provided in subsection (e) or (f) the court shall
determine whether terms of imprisonment shall be served concurrently
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                                   35
or consecutively. The court may consider the:
      (1) aggravating circumstances in IC 35-38-1-7.1(a); and
      (2) mitigating circumstances in IC 35-38-1-7.1(b);
in making a determination under this subsection. The court may order
terms of imprisonment to be served consecutively even if the sentences
are not imposed at the same time. However, except for crimes of
violence, the total of the consecutive terms of imprisonment, exclusive
of terms of imprisonment under IC 35-50-2-8 and IC 35-50-2-10
(before its repeal) to which the defendant is sentenced for felony or
misdemeanor convictions arising out of an episode of criminal conduct
shall not exceed the period described in subsection (d).
   (d) Except as provided in subsection (c), the total of the consecutive
terms of imprisonment to which the defendant is sentenced for
convictions arising out of an episode of criminal conduct may not
exceed the following:
      (1) If the most serious crime for which the defendant is sentenced
      is a Class C misdemeanor, the total of the consecutive terms of
      imprisonment may not exceed one (1) year.
      (2) If the most serious crime for which the defendant is sentenced
      is a Class B misdemeanor, the total of the consecutive terms of
      imprisonment may not exceed two (2) years.
      (3) If the most serious crime for which the defendant is sentenced
      is a Class A misdemeanor, the total of the consecutive terms of
      imprisonment may not exceed three (3) years.
      (4) If the most serious crime for which the defendant is sentenced
      is a Level 6 felony, the total of the consecutive terms of
      imprisonment may not exceed four (4) years.
      (5) If the most serious crime for which the defendant is sentenced
      is a Level 5 felony, the total of the consecutive terms of
      imprisonment may not exceed seven (7) years.
      (6) If the most serious crime for which the defendant is sentenced
      is a Level 4 felony, the total of the consecutive terms of
      imprisonment may not exceed fifteen (15) years.
      (7) If the most serious crime for which the defendant is sentenced
      is a Level 3 felony, the total of the consecutive terms of
      imprisonment may not exceed twenty (20) years.
      (8) If the most serious crime for which the defendant is sentenced
      is a Level 2 felony, the total of the consecutive terms of
      imprisonment may not exceed thirty-two (32) years.
      (9) If the most serious crime for which the defendant is sentenced
      is a Level 1 felony, the total of the consecutive terms of
      imprisonment may not exceed forty-two (42) years.
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                                   36
    (e) If, after being arrested for one (1) crime, a person commits
another crime:
       (1) before the date the person is discharged from probation,
       parole, or a term of imprisonment imposed for the first crime; or
       (2) while the person is released:
           (A) upon the person's own recognizance; or
           (B) on bond;
the terms of imprisonment for the crimes shall be served consecutively,
regardless of the order in which the crimes are tried and sentences are
imposed.
    (f) If the factfinder determines under IC 35-50-2-11 that a person
used a firearm in the commission of the offense for which the person
was convicted, the term of imprisonment for the underlying offense and
the additional term of imprisonment imposed under IC 35-50-2-11
must be served consecutively.
    SECTION 26. IC 35-50-2-1.3, AS AMENDED BY P.L.109-2015,
SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1.3. (a) For purposes of this chapter, "advisory
sentence" means a guideline sentence that the court may voluntarily
consider when imposing a sentence.
    (b) Except as provided in subsection (c), a court is not required to
use an advisory sentence.
    (c) In imposing:
       (1) consecutive sentences for felony convictions that are not
       crimes of violence (as defined in IC 35-50-1-2(a))
       IC 35-31.5-2-79) arising out of an episode of criminal conduct,
       in accordance with IC 35-50-1-2; or
       (2) an additional fixed term to a repeat sexual offender under
       section 14 of this chapter;
a court is required to use the appropriate advisory sentence in imposing
a consecutive sentence or an additional fixed term. However, the court
is not required to use the advisory sentence in imposing the sentence
for the underlying offense.
    (d) This section does not require a court to use an advisory sentence
in imposing consecutive sentences for felony convictions that do not
arise out of an episode of criminal conduct.
    SECTION 27. IC 35-50-6-1, AS AMENDED BY P.L.20-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) Except as provided in subsection (d) or (e),
when a person imprisoned for a felony completes the person's term of
imprisonment, less the credit time the person has earned with respect
to that term, the person shall be:
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                                   37
      (1) released on parole for not more than twenty-four (24) months,
      as determined by the parole board, unless:
         (A) the person is being placed on parole for the first time;
         (B) the person is not being placed on parole following a term
         of imprisonment that includes a sentence imposed for a crime
         of violence (as defined in IC 35-50-1-2); IC 35-31.5-2-79);
         (C) the person is not a sex offender (as defined in
         IC 11-8-8-4.5); and
         (D) in the six (6) months before being placed on parole, the
         person has not violated a rule of the department of correction
         or a rule of the penal facility in which the person is
         imprisoned;
      (2) discharged upon a finding by the committing court that the
      person was assigned to a community transition program and may
      be discharged without the requirement of parole; or
      (3) released to the committing court if the sentence included a
      period of probation.
A person described in subdivision (1) shall be released on parole for
not more than twelve (12) months, as determined by the parole board.
   (b) This subsection does not apply to a person described in
subsection (d), (e), or (f). A person released on parole remains on
parole from the date of release until the person's fixed term expires,
unless the person's parole is revoked or the person is discharged from
that term by the parole board. In any event, if the person's parole is not
revoked, the parole board shall discharge the person after the period set
under subsection (a) or the expiration of the person's fixed term,
whichever is shorter.
   (c) A person whose parole is revoked shall be imprisoned for all or
part of the remainder of the person's fixed term. However, the person
shall again be released on parole when the person completes that
remainder, less the credit time the person has earned since the
revocation. The parole board may reinstate the person on parole at any
time after the revocation.
   (d) This subsection does not apply to a person who is a sexually
violent predator under IC 35-38-1-7.5. When a sex offender (as defined
in IC 11-8-8-4.5) completes the sex offender's fixed term of
imprisonment, less credit time earned with respect to that term, the sex
offender shall be placed on parole for not more than ten (10) years.
   (e) This subsection applies to a person who:
      (1) is a sexually violent predator under IC 35-38-1-7.5;
      (2) has been convicted of murder (IC 35-42-1-1); or
      (3) has been convicted of voluntary manslaughter (IC 35-42-1-3).
HEA 1258 — Concur
                                   38
When a person described in this subsection completes the person's
fixed term of imprisonment, less credit time earned with respect to that
term, the person shall be placed on parole for the remainder of the
person's life.
    (f) This subsection applies to a parolee in another jurisdiction who
is a person described in subsection (e) and whose parole supervision is
transferred to Indiana from another jurisdiction. In accordance with
IC 11-13-4-1(2) (Interstate Compact for Out-of-State Probationers and
Parolees) and rules adopted under Article VII (d)(8) of the Interstate
Compact for Adult Offender Supervision (IC 11-13-4.5), a parolee who
is a person described in subsection (e) and whose parole supervision is
transferred to Indiana is subject to the same conditions of parole as a
person described in subsection (e) who was convicted in Indiana,
including:
       (1) lifetime parole (as described in subsection (e)); and
       (2) the requirement that the person wear a monitoring device (as
       described in IC 35-38-2.5-3) that can transmit information
       twenty-four (24) hours each day regarding a person's precise
       location, if applicable.
    (g) If a person being supervised on lifetime parole as described in
subsection (e) is also required to be supervised by a court, a probation
department, a community corrections program, a community transition
program, or another similar program upon the person's release from
imprisonment, the parole board may:
       (1) supervise the person while the person is being supervised by
       the other supervising agency; or
       (2) permit the other supervising agency to exercise all or part of
       the parole board's supervisory responsibility during the period in
       which the other supervising agency is required to supervise the
       person, if supervision by the other supervising agency will be, in
       the opinion of the parole board:
          (A) at least as stringent; and
          (B) at least as effective;
       as supervision by the parole board.
    (h) The parole board is not required to supervise a person on
lifetime parole during any period in which the person is imprisoned.
However, upon the person's release from imprisonment, the parole
board shall recommence its supervision of a person on lifetime parole.
    (i) If a court orders the parole board to place a sexually violent
predator whose sentence does not include a commitment to the
department of correction on lifetime parole under IC 35-38-1-29, the
parole board shall place the sexually violent predator on lifetime parole
HEA 1258 — Concur
                                   39
and supervise the person in the same manner in which the parole board
supervises a sexually violent predator on lifetime parole whose
sentence includes a commitment to the department of correction.
   (j) Time served while confined to a jail or prison does not count
toward time served on parole.
   SECTION 28. IC 36-1-26-4, AS ADDED BY P.L.182-2018,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) Not later than November 1, 2018, a unit
shall revise its licensing requirements to the extent necessary to
explicitly list the crimes that will disqualify an individual from
receiving a license required by the unit. The unit may not:
      (1) use nonspecific terms, such as moral turpitude or good
      character, as a licensing requirement; or
      (2) consider an arrest that does not result in a conviction.
   (b) A unit's use of an individual's conviction of a crime as a
disqualifying criminal conviction is limited to a crime that is
specifically and directly related to the duties and responsibilities of the
occupation or profession for which the individual is applying for or
holds a license.
   (c) If an applicant has a disqualifying criminal history, the unit shall
consider the following in determining whether to deny a license to the
applicant, based on a clear and convincing showing:
      (1) The nature and seriousness of the crime for which the
      individual was convicted.
      (2) The passage of time since the commission of the crime.
      (3) The relationship of the crime to the ability, capacity, and
      fitness required to perform the duties and discharge the
      responsibilities of the occupation.
      (4) Evidence of rehabilitation or treatment undertaken by the
      individual that might mitigate against a direct relation to the
      ability, capacity, and fitness required to perform the duties and
      discharge the responsibilities of the occupation.
   (d) If an individual has a disqualifying criminal conviction, the
period of disqualification may not exceed five (5) years after the date
of the conviction or release from incarceration, whichever is later,
unless the individual:
      (1) was convicted of a crime of violence (as defined by
      IC 35-50-1-2(a)); IC 35-31.5-2-79);
      (2) was convicted of an offense relating to a criminal sexual act
      (as defined by IC 35-31.5-2-216); or
      (3) is convicted of a second or subsequent crime during the
      disqualification period.
HEA 1258 — Concur
                                   40
   SECTION 29. IC 36-8-26-6, AS ADDED BY P.L.103-2022,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. Before November 1, 2023, and before
November 1 of every year thereafter, the board shall send a report of its
activities to the legislative council. The report must be in an electronic
format under IC 5-14-6 and include the following information:
     (1) A copy of every interoperability agreement entered into or
     renewed in the past year.
     (2) A list of all:
         (A) Part One crimes (based on the reporting methodology of
         the Federal Bureau of Investigation); and
         (B) crimes of violence (as defined in IC 35-50-1-2(a));
         IC 35-31.5-2-79);
     committed in the downtown district within the previous five (5)
     years.
     (3) The crime clearance rates for each crime described in
     subdivision (2).
     (4) A list of every major event that took place in the downtown
     district within the previous year.
     (5) The number of times a law enforcement agency made a
     referral to, or requested assistance from, a social worker or mental
     health services provider (including a provider who specializes in
     addiction services).
     (6) A completed crime perception survey for the previous year
     (based on the survey prepared by Downtown Indy, Inc.).
HEA 1258 — Concur
Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date:  Time:
HEA 1258 — Concur