Introduced Version
HOUSE BILL No. 1020
_____
DIGEST OF INTRODUCED BILL
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.
Smith V, Cheney, Ayres, Foley
January 7, 2003, read first time and referred to Committee on Human Affairs.
Introduced
First Regular Session 113th General Assembly (2003)
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,
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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NEW will appear in that style type in the introductory clause of each SECTION that adds
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HOUSE BILL No. 1020
A BILL FOR AN ACT to amend the Indiana Code concerning
corrections.
Be it enacted by the General Assembly of the State of Indiana:
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
:
(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.