Offenses committed by incarcerated individuals

The Senate Corrections & Criminal Law Committee heard Sen. Houchin’s SB 405 on offenses committed by incarcerated individuals. The bill provides that the knowing or intentional possession of a cell phone, storage media, a SIM card, or any other cellular or wireless communications device while incarcerated in a jail or state penal facility is a Level 5 felony instead of a Class A misdemeanor. It also provides that a person convicted of a misdemeanor offense may be committed to the Department of Correction for an executed sentence if the person was serving a prior, unrelated sentence at the Department of Correction when the misdemeanor was committed. Additionally, the bill provides that a person convicted of a Level 6 felony may be sentenced to the Department of Correction if the person committed the Level 6 felony in or on the premises of a Department of Correction facility

The bill was amended to remove the provision regarding cellular phone possession only. The Indiana Prosecuting Attorneys Council testified in support of the bill. The amended bill passed 9-0.

Read the bill at: