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HOUSE BILL No. 1020

Citations Affected: IC 11-11-6-1 ; IC 11-12; IC 36-2-13-5.

Synopsis: Display of racist markings or insignia. Requires the department of correction and community corrections advisory boards to prohibit employees from displaying racist markings on their bodies or clothing or in correctional facilities. Requires the department and boards to reassign employees who display racist markings.

Effective: July 1, 2003.

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Smith V, Cheney, Ayres, Foley

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    January 7, 2003, read first time and referred to Committee on Human Affairs.

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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 2002 Regular or Special Session of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning corrections.

SOURCE: IC 11-11-6-1; (03)IN1020.1.1. -->     SECTION 1. IC 11-11-6-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. (a) The department shall adopt policies and procedures for the protection of committed persons, including:
        (1) the monitoring of committed persons whose presence in the general population of a facility or program constitutes a threat of physical danger to other persons;
        (2) reasonable searches of committed persons, facilities and premises to reduce the number of weapons and dangerous items;
        (3) adequate staff supervision of committed persons, including living quarters;
        (4) maintenance of accurate records regarding incidents of violence;
        (5) referral of serious criminal conduct to investigating and prosecuting authorities with appropriate information; and
        (6) policies and procedures designed to reduce racial tension.
    (b) The department shall adopt rules under IC 4-22-2 :

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        (1) prohibiting correctional employees from displaying racist markings or insignia on their bodies or clothing or in any facility;
        (2) defining racist markings and insignia prohibited under subdivision (1); and
        (3) requiring reassignment of any employee who violates the rules adopted under this subsection.
The rules adopted under this subsection must apply to all facilities subject to rules adopted by the department, including a juvenile detention facility operated under IC 31-31-8-5 and a juvenile detention center operated under IC 31-31-9-3.
    (c) For purposes of IC 4-22-2 , the terms "policies" and "procedures" as used in this section relate solely to internal policies and procedures not having the force of law.

SOURCE: IC 11-12-1-6; (03)IN1020.1.2. -->     SECTION 2. IC 11-12-1-6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 6. A community corrections advisory board established under section 2 of this chapter shall:
        (1) prohibit employees working in community corrections premises and facilities operated by the community corrections advisory board from displaying racist markings or insignia:
            (A) on their bodies or clothing; or
            (B) in any community corrections premises or facilities; and
        (2) reassign any employee who violates the prohibition set forth in subdivision (1);
in compliance with the rules adopted by the department under IC 11-12-3-3.

SOURCE: IC 11-12-3-3; (03)IN1020.1.3. -->     SECTION 3. IC 11-12-3-3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. The department shall adopt rules under IC 4-22-2 :
        (1) prohibiting community corrections employees from displaying racist markings or insignia on their bodies or clothing or in any state operated community corrections facility;
        (2) defining the racist markings and insignia prohibited under subdivision (1); and
        (3) requiring reassignment of any employee who violates the rules adopted under this section.

SOURCE: IC 11-12-4-2.5; (03)IN1020.1.4. -->     SECTION 4. IC 11-12-4-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2.5. The department shall adopt rules under

IC 4-22-2 :
        (1) prohibiting county jail employees and officers from displaying racist markings or insignia on their bodies or clothing or in any county jail;
        (2) defining the racist markings and insignia prohibited under subdivision (1); and
        (3) requiring reassignment of any employee who violates the rules adopted under this section.

SOURCE: IC 36-2-13-5; (03)IN1020.1.5. -->     SECTION 5. IC 36-2-13-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 5. (a) The sheriff shall:
        (1) arrest without process persons who commit an offense within his view, take them before a court of the county having jurisdiction, and detain them in custody until the cause of the arrest has been investigated;
        (2) suppress breaches of the peace, calling the power of the county to his aid if necessary;
        (3) pursue and jail felons;
        (4) execute all process directed to him by legal authority;
        (5) serve all process directed to him from a court or the county executive;
        (6) attend and preserve order in all courts of the county;
        (7) take care of the county jail and the prisoners there; and
        (8) take photographs, fingerprints, and other identification data as he shall prescribe of persons taken into custody for felonies or misdemeanors; and
        (9) enforce rules concerning county jail employees and officers adopted under IC 11-12-4-2.5.
    (b) A person who:
        (1) refuses to be photographed;
        (2) refuses to be fingerprinted;
        (3) withholds information; or
        (4) gives false information;
as prescribed in subsection (a)(8), commits a Class C misdemeanor.