HB1301 • 2026

A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Crime

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Representative Vernon Smith
Last action: 2026-01-06
Official status: Introduced House Bill (H)
Effective date: Not listed

Plain English Breakdown

The bill summary does not provide detailed information on what happens if a petition for sentence modification or reduction is denied, leaving this as an unknown point.

Indiana Bill for Criminal Law Changes

This bill allows certain older prisoners who have served long sentences, excluding those convicted of murder, to petition courts for sentence modifications or reductions based on evidence of rehabilitation and reduced risk.

What This Bill Does

Requires the Department of Correction to issue a certificate of eligibility to some people in prison if they meet specific age and time-served requirements.
Allows someone with this certificate to file a petition for sentence modification without needing approval from the prosecutor.
Sets criteria that courts must consider when ruling on petitions for sentence modifications, including evidence that the person is no longer dangerous and has shown significant rehabilitative efforts.

Who It Names or Affects

People in prison who are over a certain age and have served long sentences for crimes other than murder.
Courts that will hear petitions from prisoners asking for sentence modifications or reductions.

Terms To Know

Certificate of Eligibility: A document given to some older prisoners who have served long sentences, allowing them to ask the court to change their sentences.
Sentence Modification: Changing a prison sentence based on new evidence or circumstances.

Limits and Unknowns

The bill does not specify what happens if someone's petition for sentence modification is denied.
It is unclear how many prisoners will be eligible and apply under these new rules.

Bill History

2026-01-06 House
Authored by Representative Smith V
2026-01-06 House
First reading: referred to Committee on Courts and Criminal Code

Official Summary Text

A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.
Sentence modification.

Current Bill Text

Read the full stored bill text

A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Sentence modification.

Requires the department of correction to issue a certificate of eligibility for rehabilitative release (certificate) to certain convicted persons. Provides that a certificate must be issued to the following: (1) A person sentenced for a crime other than murder who is at least 60 years of age, and has served at least 20 years in the department of correction. (2) A person serving a sentence for murder who is at least 62 years of age, and has served at least 30 years in the department of correction. Allows a convicted person who has received a certificate to file a petition for sentence modification without the consent of the prosecuting attorney. Provides certain criteria that the court must consider when ruling on a petition for sentence modification. Allows a court to grant a petition for sentence modification if the court finds, by clear and convincing evidence, that: (1) the convicted person is no longer a danger to public safety; (2) the convicted person has demonstrated significant rehabilitative efforts, including participation in educational, vocational, and therapeutic programs; and (3) the interest of justice supports sentence modification. Allows the state public defender to represent a convicted person on a petition for sentence modification that is based upon a certificate. Allows certain convicted persons to file a petition for sentence reduction. Requires a petition for sentence reduction to identify information related the convicted person, sentence sought to be reduced, and evidence in support of the request. Allows a court to dismiss an incomplete petition or set a hearing on a properly filed petition. Requires that notice of a hearing be served on the petitioner, convicted person, counsel, department of correction, prosecuting attorney, and the victim or witness. Requires a court to appoint a public defender to represent the convicted person. Provides that the court is to take certain factors into consideration when deciding a petition for sentence reduction. Specifies that if the evidence supports that the convicted person does not present a significant safety risk to the community, there is a rebuttable presumption that the convicted person's sentence should be reduced by at least 20%. Requires the court to issue a final appealable order with findings of fact.