Bill Summary – FastDemocracy

LEGISLATIVE SERVICES AGENCY
                OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
                                    200 W. Washington St., Suite 301
                                         Indianapolis, IN 46204
                                             (317) 233-0696
                                                iga.in.gov
                                FISCAL IMPACT STATEMENT
LS 6450                                                           NOTE PREPARED: Dec 3, 2020
BILL NUMBER: HB 1331                                              BILL AMENDED:
SUBJECT: Strangulation.
FIRST AUTHOR: Rep. Gore                                           BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: X GENERAL                                         IMPACT: State & Local
                  DEDICATED
                  FEDERAL
Summary of Legislation: This bill enhances the penalties for strangulation.
Effective Date: July 1, 2021.
Explanation of State Expenditures: This bill has two provisions. First, it will enhance strangulation as a
Level 6 felony to a Level 5 felony and enhance Level 5 strangulation to a Level 4 felony. Secondly, it will
designate all crimes of strangulation as “crimes of violence”
Enhancements – The following table shows the estimated increase to DOC’s population from these two
enhancements and the added costs based on an annual marginal cost of $3,524.
                         FY 2022 FY 2023 FY 2024 FY 2025           FY 2026 FY 2027      FY 2028
      Level 6 to Level 5                  39      66        66           66      66          66
      Level 5 to Level 4                            5        10          15       15          15
        Total                             39      71       76            81      81          81
      Estimated Cost*               $137,436 $250,204 $267,824     $285,444 $285,444    $285,444
      * Based on annual marginal cost of $3,524
Crimes of Violence – Under current law, persons convicted and sentenced for strangulation as a Level 5
felony are designated as “crimes of violence”. As proposed, Level 6 felons would now be Level 5 felons and
would now be committing a “crime of violence”.
HB 1331                                             1
First, persons who are convicted and sentenced for a crime of violence are ineligible for certain occupational
licenses. Both the Professional Licensing Agency and the Department of Homeland Security will be required
to screen applicants to determine whether they have committed any strangulation felony before being granted
certain occupational licenses. The Professional Licensing Agency should be able to implement this
requirement with existing resources.
Second, if the crimes were not crimes of violence, then current law caps the consecutive terms of sentences
which these persons may need to serve when more than one crime was committed in a single episode.
Consequently, persons who are convicted of more than one crime that includes strangulation in a single
episode could be given longer prison terms if their consecutive terms are not capped by current statute.
Having more offenders not qualify for this statutory cap would increase DOC’s future population. OFMA
cannot determine how this might affect future prison population levels. [An average 39 new offenders who
were Level 6 felons and now Level 5 felons would be committed to DOC each year and would be affected
by this requirement.]
Third, parole agents employed by DOC are required to prepare a community investigation report about a
person if the person is 1) sentenced for a crime of violence, 2) committed to DOC, and 3) is to be supervised
on parole (IC 11-13-3-3(n)(1)). Adding 39 new offenders who are sentenced for Level 5 strangulation will
increase the number of community investigation reports that need to be prepared before being released on
parole.
A “community investigation” reports on the attitudes and opinions of: (1) the community in which the crime
occurred; (2) law enforcement officers who have jurisdiction in the community in which the crime occurred;
(3) the victim of the crime or the victims’s relatives or friends; (4) friends of the offender (IC 11-13-3-3 (m)).
According to the staffing report obtained from the State Personnel Department, DOC employed 145 parole
officers on December 1, 2020.
Explanation of State Revenues:
Explanation of Local Expenditures: Enhancing strangulation from felony levels 5 and 6 to felony levels
5 and 4 could increase the pretrial population in county jails. The following table shows the percentage of
persons who were convicted and sentenced for strangulation of Level 6 and Level 5 felonies and the
percentage of persons who were convicted and sentenced for a Level 4 felony as a violent crime.
                              Percentage of Offenders with Pretrial Credit
                Level 6                           Level 5                           Level 4
                 86%                               90%                                94%
The average cost per day to incarcerate a prisoner is approximately $54 based on the per diem payments
reported by U.S. Marshals to house federal prisoners in 16 county jails across Indiana during federal FY
2017.
Explanation of Local Revenues:
State Agencies Affected: Department of Correction; Professional Licensing Agency.
HB 1331                                                 2
Local Agencies Affected: County sheriffs, prosecution attorneys, courts with criminal jurisdiction.
Information Sources: Department of Correction, Abstracts of Judgement Indiana Supreme Court, Indiana
Code. U.S. Marshals.
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
HB 1331                                            3
Statutes affected: 
1. Introduced House Bill (H): 35-42-2-9, 35-50-1-2