Home Detentions, Community Corrections, and Escape: The Statutes Fixed by HB 1287

House Bill 1287 was passed on April 20th of 2023 with bipartisan support and the backing of the Public Defender Counsel and the IPAC. It was enacted as an emergency order and took immediate effect upon signing. This bill corrected a group of statutes that previously restricted prosecutors from sentencing defendants directly into community corrections for non-suspendable cases. The State v. Russell case, which came down from the Court of Appeals, pointed out that community corrections were not eligible for direct placement unless a defendant was sentenced to a non-suspendable sentence. This bewildered the legal community as it limited options for most cases, leaving only probation or the Department of Corrections as viable alternatives, making plea negotiations more difficult. This program explains how State v. Russell impacted community corrections placement, how the legislature addressed the issue by allowing for direct placement into community corrections, and the new escape statute.

Featuring: Victoria Thomas, Hancock County Prosecutors Office; Mitchell Swedarsky, Marion County Public Defenders Agency; Zach Stock, Indiana Public Defender Council