IC 11TITLE 11. CORRECTIONS
           Art. 1.REPEALED
           Art. 2.REPEALED
           Art. 3.REPEALED
           Art. 4.REPEALED
           Art. 5.REPEALED
           Art. 6.REPEALED
           Art. 7.REPEALED
           Art. 8.GENERAL PROVISIONS: DEPARTMENT OF CORRECTION
           Art. 9.PAROLE BOARD
           Art. 10.CORRECTIONAL SERVICES AND PROGRAMS
           Art. 11.CORRECTIONAL STANDARDS AND PROCEDURES
           Art. 12.COMMUNITY CORRECTIONS
           Art. 13.PROBATION AND PAROLE
           Art. 14.BOOT CAMP FOR YOUTHFUL OFFENDERS

 

IC 11-1ARTICLE 1. REPEALED

Repealed by Acts 1979, P.L.120, SEC.22.

 

IC 11-2ARTICLE 2. REPEALED

Repealed by Acts 1979, P.L.120, SEC.22.

 

IC 11-3ARTICLE 3. REPEALED

Repealed by Acts 1979, P.L.120, SEC.22.

 

IC 11-4ARTICLE 4. REPEALED

Repealed by Acts 1979, P.L.120, SEC.22.

 

IC 11-5ARTICLE 5. REPEALED

Repealed by Acts 1979, P.L.120, SEC.22.

 

IC 11-6ARTICLE 6. REPEALED

Repealed by Acts 1979, P.L.120, SEC.22.

 

IC 11-7ARTICLE 7. REPEALED

Repealed by Acts 1979, P.L.120, SEC.22.

 

IC 11-8ARTICLE 8. GENERAL PROVISIONS: DEPARTMENT OF CORRECTION
           Ch. 1.Definitions
           Ch. 2.Organization of Department
           Ch. 3.Contracts and Payment for Correctional Services
           Ch. 4.Interstate Corrections Compact
           Ch. 4.5.International Prisoner Transfer or Exchange Under Treaty
           Ch. 5.Confidential Records
           Ch. 6.Business Interests
           Ch. 7.Victim Notification Services
           Ch. 8.Sex Offender Registration
           Ch. 9.Correctional Police Officers
           Ch. 10.Video Conferencing by Confined Persons

 

IC 11-8-1Chapter 1. Definitions
           11-8-1-1Application of definitions
           11-8-1-1.5"Accrued time"
           11-8-1-2"Adult"
           11-8-1-3Repealed
           11-8-1-4"Commissioner"
           11-8-1-5"Committed"
           11-8-1-5.4"Community corrections program"
           11-8-1-5.5"Community transition program"
           11-8-1-5.6"Community transition program commencement date"
           11-8-1-6"Confined"
           11-8-1-6.5"Credit time"
           11-8-1-7"Department"
           11-8-1-8"Discharge"
           11-8-1-8.3"Educational credit"
           11-8-1-8.5"Expected release date"
           11-8-1-8.7"Good time credit"
           11-8-1-9"Offender"
           11-8-1-10"Person"

 

IC 11-8-1-1Application of definitions

     Sec. 1. The definitions set out in this chapter apply throughout this title.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-1-1.5"Accrued time"

     Sec. 1.5. "Accrued time" has the meaning set forth in IC 35-50-6-0.5.

As added by P.L.74-2015, SEC.2.

 

IC 11-8-1-2"Adult"

     Sec. 2. "Adult" means a person eighteen (18) years of age or older or a criminal offender under eighteen (18) years of age.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-1-3Repealed

As added by Acts 1979, P.L.120, SEC.1. Repealed by P.L.246-2005, SEC.226.

 

IC 11-8-1-4"Commissioner"

     Sec. 4. "Commissioner" refers to the commissioner of correction.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-1-5"Committed"

     Sec. 5. "Committed" means placed under the custody or made a ward of the department of correction. The term includes a minimum security assignment, including an assignment to a community transition program under IC 11-10-11.5.

As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.90-2000, SEC.1.

 

IC 11-8-1-5.4"Community corrections program"

     Sec. 5.4. "Community corrections program" has the meaning set forth in IC 11-12-1-1.

As added by P.L.273-1999, SEC.204.

 

IC 11-8-1-5.5"Community transition program"

     Sec. 5.5. "Community transition program" means assignment of a person committed to the department to:

(1) a community corrections program; or

(2) in a county or combination of counties that do not have a community corrections program, a program of supervision by the probation department of a court;

for a period after a person's community transition program commencement date until the person completes the person's fixed term of imprisonment, less the credit time the person has earned with respect to the term.

As added by P.L.273-1999, SEC.205.

 

IC 11-8-1-5.6"Community transition program commencement date"

     Sec. 5.6. (a) "Community transition program commencement date" means the following:

(1) Not earlier than sixty (60) days and not later than thirty (30) days before an offender's expected release date, if the most serious offense for which the person is committed is a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014).

(2) Not earlier than ninety (90) days and not later than thirty (30) days before an offender's expected release date, if the most serious offense for which the person is committed is a Class C felony (for a crime committed before July 1, 2014) or a Level 5 felony (for a crime committed after June 30, 2014) and subdivision (3) does not apply.

(3) Not earlier than one hundred twenty (120) days and not later than thirty (30) days before an offender's expected release date, if:

(A) the most serious offense for which the person is committed is a Class C felony (for a crime committed before July 1, 2014) or a Level 5 felony (for a crime committed after June 30, 2014);

(B) all of the offenses for which the person was concurrently or consecutively sentenced are offenses under IC 16-42-19 or IC 35-48-4; and

(C) none of the offenses for which the person was concurrently or consecutively sentenced are nonsuspendible under IC 35-50-2-2.2.

(4) Not earlier than one hundred twenty (120) days and not later than thirty (30) days before an offender's expected release date, if the most serious offense for which the person is committed is a Class A or Class B felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014) and subdivision (5) does not apply.

(5) Not earlier than one hundred eighty (180) days and not later than thirty (30) days before an offender's expected release date, if:

(A) the most serious offense for which the person is committed is a Class A or Class B felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014);

(B) all of the offenses for which the person was concurrently or consecutively sentenced are offenses under IC 16-42-19 or IC 35-48-4; and

(C) none of the offenses for which the person was concurrently or consecutively sentenced are nonsuspendible under IC 35-50-2-2.2.

     (b) This subsection applies only to a person whose community transition program commencement date is less than forty-five (45) days after May 11, 2008, solely as a result of the amendment of subsection (a) by P.L.291-2001. The community transition program commencement date for a person described by this subsection is June 26, 2001.

As added by P.L.273-1999, SEC.206. Amended by P.L.291-2001, SEC.223; P.L.85-2004, SEC.30; P.L.220-2011, SEC.242; P.L.158-2013, SEC.170.

 

IC 11-8-1-6"Confined"

     Sec. 6. "Confined" has the same meaning as "committed" except it does not refer to any part of:

(1) parole;

(2) a minimum security assignment to a program requiring periodic reporting to a designated official; or

(3) intermittent service of a term of imprisonment;

that does not entail imprisonment in a correctional or penal facility.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-1-6.5"Credit time"

     Sec. 6.5. "Credit time" has the meaning set forth in IC 35-50-6-0.5.

As added by P.L.74-2015, SEC.3.

 

IC 11-8-1-7"Department"

     Sec. 7. "Department" refers to the department of correction.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-1-8"Discharge"

     Sec. 8. "Discharge" means termination of a commitment to the department of correction.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-1-8.3"Educational credit"

     Sec. 8.3. "Educational credit" has the meaning set forth in IC 35-50-6-0.5.

As added by P.L.74-2015, SEC.4.

 

IC 11-8-1-8.5"Expected release date"

     Sec. 8.5. "Expected release date" means the most likely date on which a person would be entitled under IC 35-50-6-1(a)(2) or IC 35-50-6-1(a)(3) to release to the committing court for probation or release on parole considering:

(1) the term of the sentence;

(2) the term of any other concurrent or consecutive sentence that the person must serve;

(3) credit time that the person has earned before sentencing;

(4) credit time that the person has earned on and after sentencing; and

(5) the amount of credit time that the person would earn if the person remains in the credit time class in which the person is currently assigned during the person's period of imprisonment.

As added by P.L.273-1999, SEC.207.

 

IC 11-8-1-8.7"Good time credit"

     Sec. 8.7. "Good time credit" has the meaning set forth in IC 35-50-6-0.5.

As added by P.L.74-2015, SEC.5.

 

IC 11-8-1-9"Offender"

     Sec. 9. "Offender" means:

(1) a criminal offender, which is a person of any age who is convicted of a crime; or

(2) a delinquent offender, which is a person who is adjudged delinquent by a juvenile court.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-1-10"Person"

     Sec. 10. "Person" means an individual, corporation, limited liability company, partnership, unincorporated association, or governmental entity.

As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.8-1993, SEC.180.

 

IC 11-8-2Chapter 2. Organization of Department
           11-8-2-1Department of correction; establishment
           11-8-2-2Repealed
           11-8-2-3Repealed
           11-8-2-4Office of commissioner of correction; commissioner's qualifications, term, salary
           11-8-2-5Commissioner's powers and duties
           11-8-2-6Deputy commissioners; appointment; qualifications; terms; salary
           11-8-2-7Correctional facilities for criminal offenders and delinquent offenders; wardens; appointment; qualifications; salary; vacancies
           11-8-2-8Personnel; standards; programs
           11-8-2-9Research and statistics
           11-8-2-10Continuance of rules adopted and in effect on October 1, 1980
           11-8-2-11Corrections drug abuse fund
           11-8-2-12Educational benefits for survivors of hazardous duty employee who dies in line of duty
           11-8-2-12.4Duties concerning the Indiana sex and violent offender registry
           11-8-2-13Operation of the Indiana sex and violent offender registry
           11-8-2-14Correctional professional's fund
           11-8-2-15Completion of new facilities; closing existing facilities; department review; conversion of mental health facilities into correctional facilities

 

IC 11-8-2-1Department of correction; establishment

     Sec. 1. There is established in the executive branch of state government a department of correction.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-2-2Repealed

As added by Acts 1979, P.L.120, SEC.1. Repealed by P.L.246-2005, SEC.226.

 

IC 11-8-2-3Repealed

As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.292-2001, SEC.3. Repealed by P.L.246-2005, SEC.226.

 

IC 11-8-2-4Office of commissioner of correction; commissioner's qualifications, term, salary

     Sec. 4. There is established the office of commissioner of correction. The commissioner must hold at least a bachelor's degree from an accredited college or university and must have held a management position in correctional or related work for at least five (5) years. The commissioner shall be appointed by and serve at the pleasure of the governor. The commissioner is entitled to a salary to be determined by the state budget agency with the approval of the governor.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-2-5Commissioner's powers and duties

     Sec. 5. (a) The commissioner shall do the following:

(1) Organize the department and employ personnel necessary to discharge the duties and powers of the department.

(2) Administer and supervise the department, including all state owned or operated correctional facilities.

(3) Except for employees of the parole board, be the appointing authority for all positions in the department.

(4) Define the duties of a deputy commissioner and a warden.

(5) Accept committed persons for study, evaluation, classification, custody, care, training, and reintegration.

(6) Determine the capacity of all state owned or operated correctional facilities and programs and keep all Indiana courts having criminal or juvenile jurisdiction informed, on a quarterly basis, of the populations of those facilities and programs.

(7) Utilize state owned or operated correctional facilities and programs to accomplish the purposes of the department and acquire or establish, according to law, additional facilities and programs whenever necessary to accomplish those purposes.

(8) Develop policies, programs, and services for committed persons, for administration of facilities, and for conduct of employees of the department.

(9) Administer, according to law, the money or other property of the department and the money or other property retained by the department for committed persons.

(10) Keep an accurate and complete record of all department proceedings, which includes the responsibility for the custody and preservation of all papers and documents of the department.

(11) Make an annual report to the governor according to subsection (c).

(12) Develop, collect, and maintain information concerning offenders, sentencing practices, and correctional treatment as the commissioner considers useful in penological research or in developing programs.

(13) Cooperate with and encourage public and private agencies and other persons in the development and improvement of correctional facilities, programs, and services.

(14) Explain correctional programs and services to the public.

(15) As required under 42 U.S.C. 15483, after January 1, 2006, provide information to the election division to coordinate the computerized list of voters maintained under IC 3-7-26.3 with department records concerning individuals disfranchised under IC 3-7-46.

     (b) The commissioner may:

(1) when authorized by law, adopt departmental rules under IC 4-22-2;

(2) delegate powers and duties conferred on the commissioner by law to a deputy commissioner or commissioners and other employees of the department;

(3) issue warrants for the return of escaped committed persons (an employee of the department or any person authorized to execute warrants may execute a warrant issued for the return of an escaped person);

(4) appoint personnel to be sworn in as correctional police officers; and

(5) exercise any other power reasonably necessary in discharging the commissioner's duties and powers.

     (c) The annual report of the department shall be transmitted to the governor by September 1 of each year and must contain:

(1) a description of the operation of the department for the fiscal year ending June 30;

(2) a description of the facilities and programs of the department;

(3) an evaluation of the adequacy and effectiveness of those facilities and programs considering the number and needs of committed persons or other persons receiving services; and

(4) any other information required by law.

Recommendations for alteration, expansion, or discontinuance of facilities or programs, for funding, or for statutory changes may be included in the annual report.

As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.209-2003, SEC.200; P.L.246-2005, SEC.91; P.L.77-2009, SEC.3; P.L.6-2012, SEC.77; P.L.23-2012, SEC.1; P.L.67-2017, SEC.6.

 

IC 11-8-2-6Deputy commissioners; appointment; qualifications; terms; salary

     Sec. 6. The commissioner shall appoint one (1) or more deputy commissioners. A deputy commissioner must hold at least a bachelor's degree from an accredited college or university and must have held a management position in correctional or related work for a minimum of three (3) years. A deputy commissioner shall serve at the pleasure of the commissioner. A deputy commissioner is entitled to a salary to be determined by the budget agency with the approval of the governor.

As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.246-2005, SEC.92.

 

IC 11-8-2-7Correctional facilities for criminal offenders and delinquent offenders; wardens; appointment; qualifications; salary; vacancies

     Sec. 7. (a) The commissioner shall determine which state owned or operated correctional facilities are to be maintained for criminal offenders and which are to be maintained for delinquent offenders.

     (b) The commissioner shall determine which state owned or operated correctional facilities need, for effective management, administration by a warden. The commissioner shall appoint a warden for each correctional facility. However, the commissioner may appoint a person as warden of two (2) or more facilities if the commissioner finds that it would be economical to do so and would not adversely effect the management of the facilities.

     (c) Except as provided in subsection (d), a warden must hold at least a bachelor's degree from an accredited college or university.

     (d) If a warden does not hold at least a bachelor's degree from an accredited college or university, the warden must have at least ten (10) years of experience in public safety work.

     (e) In addition to the requirements described in subsections (c) and (d), a warden must have held a management position in correctional or related work for a minimum of five (5) years. A warden is entitled to a salary to be determined by the budget agency with the approval of the governor.

     (f) If a warden position becomes vacant, the commissioner may appoint an acting warden to discharge the duties and powers of a warden on a temporary basis.

As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.43-2002, SEC.1; P.L.246-2005, SEC.93; P.L.47-2008, SEC.1; P.L.100-2012, SEC.28; P.L.67-2017, SEC.7.

 

IC 11-8-2-8Personnel; standards; programs

     Sec. 8. (a) The department shall cooperate with the state personnel department in establishing minimum qualification standards for employees of the department and in establishing a system of personnel recruitment, selection, employment, and distribution.

     (b) The department shall conduct training programs designed to equip employees for duty in its facilities and programs and raise their level of performance. Training programs conducted by the department need not be limited to inservice training. They may include preemployment training, internship programs, and scholarship programs in cooperation with appropriate agencies. When funds are appropriated, the department may provide educational stipends or tuition reimbursement in such amounts and under such conditions as may be determined by the department and the personnel department.

     (c) The department shall conduct a training program on cultural diversity awareness that must be a required course for each employee of the department who has contact with incarcerated persons.

     (d) The department shall provide six (6) hours of training to employees who interact with persons with mental illness, addictive disorders, intellectual disabilities, and developmental disabilities concerning the interaction, to be taught by persons approved by the secretary of family and social services, using teaching methods approved by the secretary of family and social services and the commissioner. The commissioner or the commissioner's designee may credit hours of substantially similar training received by an employee toward the required six (6) hours of training.

     (e) The department shall establish a correctional officer training program with a curriculum, and administration by agencies, to be determined by the commissioner. A certificate of completion shall be issued to any person satisfactorily completing the training program. A certificate may also be issued to any person who has received training in another jurisdiction if the commissioner determines that the training was at least equivalent to the training program maintained under this subsection.

As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.3-1989, SEC.94; P.L.25-2000, SEC.2; P.L.85-2004, SEC.41; P.L.246-2005, SEC.94; P.L.100-2012, SEC.29; P.L.117-2015, SEC.5.

 

IC 11-8-2-9Research and statistics

     Sec. 9. (a) The department shall establish a program of research and statistics, alone or in cooperation with others, for the purpose of assisting in the identification and achievement of realistic short term and long term departmental goals, the making of administrative decisions, and the evaluation of the facilities and programs of the entire state correctional system. Information relating to the following must be compiled:

(1) An inventory of current facilities and programs, including residential and nonresidential community programs and offender participation.

(2) Population characteristics and trends, including the following concerning offenders:

(A) Ethnicity.

(B) Gender.

(3) Judicial sentencing practices.

(4) Service area resources, needs, and capabilities.

(5) Recidivism of offenders.

(6) Projected operating and capital expenditures.

     (b) The department may conduct research into the causes, detection, and treatment of criminality and delinquency and disseminate the results of that research.

As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.142-1995, SEC.1.

 

IC 11-8-2-10Continuance of rules adopted and in effect on October 1, 1980

     Sec. 10. All rules adopted by the department and in effect on October 1, 1980, continue in effect until amended or repealed by the department, according to IC 4-22-2, under rule-making authority given to the department under this article.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-2-11Corrections drug abuse fund

     Sec. 11. (a) The corrections drug abuse fund is established. The department shall administer the fund. Expenditures from the fund may be made only in accordance with appropriations made by the general assembly.

     (b) The department may use money from the fund to provide drug abuse therapy for offenders.

     (c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.

     (d) Money in the fund at the end of a fiscal year does not revert to the state general fund.

As added by P.L.51-1989, SEC.3.

 

IC 11-8-2-12Educational benefits for survivors of hazardous duty employee who dies in line of duty

     Sec. 12. Each child and surviving spouse of a hazardous duty employee of the department who:

(1) works within a prison or juvenile facility; or

(2) performs parole or emergency response operations and functions;

and dies in the line of duty is eligible to attend any state educational institution under IC 21-14-6 without paying tuition or mandatory fees.

As added by P.L.8-2006, SEC.2. Amended by P.L.2-2007, SEC.150.

 

IC 11-8-2-12.4Duties concerning the Indiana sex and violent offender registry

     Sec. 12.4. The department shall do the following:

(1) Maintain the Indiana sex and violent offender registry established under IC 36-2-13-5.5. The department shall ensure that a sex offender's Social Security number remains unavailable to the public.

(2) Prescribe and approve a format for sex or violent offender registration as required by IC 11-8-8.

(3) Provide:

(A) judges;

(B) law enforcement officials;

(C) prosecuting attorneys;

(D) parole officers;

(E) probation officers; and

(F) community corrections officials;

with information and training concerning the requirements of IC 11-8-8 and the use of the Indiana sex and violent offender registry.

(4) Upon request of a neighborhood association:

(A) transmit to the neighborhood association information concerning sex or violent offenders who reside near the location of the neighborhood association; or

(B) provide instructional materials concerning the use of the Indiana sex and violent offender registry to the neighborhood association.

(5) Maintain records on every sex or violent offender who:

(A) is incarcerated;

(B) has relocated out of state; and

(C) is no longer required to register due to the expiration of the sex or violent offender's registration period.

(6) Create policies that provide for a schedule of progressive parole incentives and violation sanctions, including judicial review procedures, and submit the policies to the parole board for review.

As added by P.L.140-2006, SEC.10 and P.L.173-2006, SEC.10. Amended by P.L.216-2007, SEC.8; P.L.179-2014, SEC.1.

 

IC 11-8-2-13Operation of the Indiana sex and violent offender registry

     Sec. 13. (a) The Indiana sex and violent offender registry established under IC 36-2-13-5.5 and maintained by the department under section 12.4 of this chapter must include the names of each offender who is or has been required to register under IC 11-8-8.

     (b) The department shall do the following:

(1) Ensure that the Indiana sex and violent offender registry is updated at least once per day with information provided by a local law enforcement authority (as defined in IC 11-8-8-2).

(2) Publish the Indiana sex and violent offender registry on the Internet through the computer gateway administered by the office of technology established by IC 4-13.1-2-1, and ensure that the Indiana sex and violent offender registry displays the following or similar words:

"Based on information submitted to law enforcement, a person whose name appears in this registry has been convicted of a sex or violent offense or has been adjudicated a delinquent child for an act that would be a sex or violent offense if committed by an adult.".

(3) If:

(A) an offender's registration period has expired as described in IC 11-8-8-19; or

(B) an offender is deceased;

ensure that the offender's information is no longer published to the public portal of the sex and violent offender registry Internet web site established under IC 36-2-13-5.5.

As added by P.L.140-2006, SEC.11 and P.L.173-2006, SEC.11. Amended by P.L.216-2007, SEC.9; P.L.214-2013, SEC.3.

 

IC 11-8-2-14Correctional professional's fund

     Sec. 14. (a) The correctional professionals assistance fund of Indiana is established to provide monetary assistance, including tuition assistance, to a correctional employee or the family member of a correctional employee. Monetary assistance may be paid from the fund to the correctional employee or a family member of a correctional employee if:

(1) the employee or employee's family member attends a postsecondary educational institution; or

(2) the employee:

(A) suffers a loss as the result of a natural disaster;

(B) is killed or injured in the line of duty; or

(C) is suffering from other catastrophic events defined by a written protocol approved by the commissioner.

     (b) The expenses of administering the fund shall be paid from money in the fund.

     (c) The fund consists of:

(1) grants;

(2) donations;

(3) employee contributions; and

(4) appropriations;

made to the fund.

     (d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.

     (e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

     (f) Money in the fund is continually appropriated to carry out the purposes of the fund.

As added by P.L.77-2009, SEC.4. Amended by P.L.23-2012, SEC.2.

 

IC 11-8-2-15Completion of new facilities; closing existing facilities; department review; conversion of mental health facilities into correctional facilities

     Sec. 15. (a) Upon completion of a new correctional facility, the department shall conduct a review of the capacity of all previously existing facilities to determine the feasibility of closing the facilities. In conducting a review under this section, the department shall consider whether the closing of an existing facility would be consistent with the public safety and sound correctional policy.

     (b) The executive department shall study the feasibility and economic impact of converting one (1) or more state mental health facilities into correctional facilities. The study shall be transmitted to the speaker of the house of representatives and the president pro tempore of the senate before issuance of bonds to finance the construction of a new women's prison.

     (c) This section codifies P.L.240-1991, SECTION 118. This section does not impose duties on the department of correction or the executive department other than the duties imposed by P.L.240-1991, SECTION 118.

As added by P.L.220-2011, SEC.243.

 

IC 11-8-3Chapter 3. Contracts and Payment for Correctional Services
           11-8-3-1Contract for services for committed persons
           11-8-3-2Contract to receive persons into facilities and programs operated by department
           11-8-3-3Repealed

 

IC 11-8-3-1Contract for services for committed persons

     Sec. 1. (a) The department may contract with any city, county, state, or federal authority, or with other public or private organizations, for:

(1) the custody, care, confinement, or treatment of committed persons; or

(2) the provision of other correctional or related services to committed persons.

     (b) Before transferring a committed person to the custody, care, or control of an agency or organization under such a contract, the department must approve the receiving facility or program as suitable for the supervision and care of the person.

     (c) The department may contract with individuals for the provision of services to the department.

     (d) To fund contracts under this section the department may use:

(1) its regular budgeted monies; and

(2) if applicable, monies deducted from the person's earnings under IC 11-10-7-5 or IC 11-10-8-6.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-3-2Contract to receive persons into facilities and programs operated by department

     Sec. 2. The department may contract with any city, county, state, other state, or federal authority to receive persons committed to that authority into facilities and programs operated by the department. The department may charge, under such contracts, fees for its services commensurate with its costs.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-3-3Repealed

As added by Acts 1982, P.L.205, SEC.2. Amended by P.L.5-1988, SEC.59. Repealed by P.L.242-1999, SEC.11.

 

IC 11-8-4Chapter 4. Interstate Corrections Compact
           11-8-4-1Declaration of policy; purpose
           11-8-4-2Definitions
           11-8-4-3Contracts with other states; contents
           11-8-4-4Contracts with other states; confinement in institution in territory of other party state; receiving state to act as agent for sending state
           11-8-4-5Inspection of facilities; visiting inmates in institutions
           11-8-4-6Inmates subject to jurisdiction of sending state
           11-8-4-7Reports on inmates by receiving state; review
           11-8-4-8Humane treatment of inmates
           11-8-4-9Hearings; facilities; governing law of sending state; records
           11-8-4-10Place of release of inmate; cost of return
           11-8-4-11Inmates' benefits or obligations on account of actions or proceedings they could have participated in if confined in institutions of sending state
           11-8-4-12Rights of parent, guardian, trustee, or other persons
           11-8-4-13Finality of decisions of sending state in respect of any matter
           11-8-4-14Escape
           11-8-4-15Federal aid
           11-8-4-16Effective date
           11-8-4-17Withdrawal from compact
           11-8-4-18Effect of compact on agreements or arrangements with nonparty state
           11-8-4-19Construction; severability
           11-8-4-20Authority of commissioner to carry out compact; delegation of authority

 

IC 11-8-4-1Declaration of policy; purpose

     Sec. 1. The party states, desiring by common action fully to utilize and improve their institutional facilities and provide adequate programs for various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, care, and training of offenders with the most economical use of human and material resources.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-4-2Definitions

     Sec. 2. As used in this compact, unless the context clearly requires otherwise:

     "State" means a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; or the Commonwealth of Puerto Rico.

     "Sending state" means a state party to this compact in which conviction or court commitment was had.

     "Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had.

     "Inmate" means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution.

     "Institution" means a penal or correctional facility, including but not limited to, a facility for individuals with a mental illness in which inmates may lawfully be confined.

As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.99-2007, SEC.38.

 

IC 11-8-4-3Contracts with other states; contents

     Sec. 3. (a) The department may make one (1) or more contracts with any one (1) or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:

(1) Its duration.

(2) Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of correctional services, facilities, programs, or treatment not reasonably included as part of normal maintenance.

(3) Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom.

(4) Delivery and retaking of inmates.

(5) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities, and rights of the sending and receiving states.

     (b) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-4-4Contracts with other states; confinement in institution in territory of other party state; receiving state to act as agent for sending state

     Sec. 4. Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to section 3 of this chapter, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate correctional program, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in regard solely as agent for the sending state.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-4-5Inspection of facilities; visiting inmates in institutions

     Sec. 5. The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-4-6Inmates subject to jurisdiction of sending state

     Sec. 6. Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided, that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of section 3 of this chapter.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-4-7Reports on inmates by receiving state; review

     Sec. 7. Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-4-8Humane treatment of inmates

     Sec. 8. All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-4-9Hearings; facilities; governing law of sending state; records

     Sec. 9. Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of the section, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-4-10Place of release of inmate; cost of return

     Sec. 10. Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-4-11Inmates' benefits or obligations on account of actions or proceedings they could have participated in if confined in institutions of sending state

     Sec. 11. Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-4-12Rights of parent, guardian, trustee, or other persons

     Sec. 12. The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-4-13Finality of decisions of sending state in respect of any matter

     Sec. 13. Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment, or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-4-14Escape

     Sec. 14. An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-4-15Federal aid

     Sec. 15. Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision; provided, that if such program or activity is not part of the customary correctional regimen, the express consent of the appropriate official of the sending state shall be required therefor.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-4-16Effective date

     Sec. 16. This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two (2) states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-4-17Withdrawal from compact

     Sec. 17. This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one (1) year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-4-18Effect of compact on agreements or arrangements with nonparty state

     Sec. 18. Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which this state may have with a nonparty state for the confinement, care, or training of inmates nor to repeal any other laws of this state authorizing the making of cooperative institutional arrangements.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-4-19Construction; severability

     Sec. 19. The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-4-20Authority of commissioner to carry out compact; delegation of authority

     Sec. 20. The commissioner is hereby authorized and directed to do all things necessary or incidental to the carrying out of this compact in every particular and he may in his discretion delegate this authority.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-4.5Chapter 4.5. International Prisoner Transfer or Exchange Under Treaty
           11-8-4.5-1Application of chapter
           11-8-4.5-2Authorization of transfer or exchange
           11-8-4.5-3Sentence

 

IC 11-8-4.5-1Application of chapter

     Sec. 1. This chapter applies if a treaty is in effect between the United States and a foreign country providing for the transfer or exchange of a convicted person to the country in which the person is a citizen or national.

As added by P.L.71-1994, SEC.1.

 

IC 11-8-4.5-2Authorization of transfer or exchange

     Sec. 2. The governor may, subject to the terms of the treaty, authorize the commissioner to:

(1) allow for the transfer or exchange of a convicted person; and

(2) take any other action necessary to execute the terms of the treaty.

As added by P.L.71-1994, SEC.1.

 

IC 11-8-4.5-3Sentence

     Sec. 3. If the commissioner transfers a person from the custody of the department under this chapter, the transfer does not affect the sentence under which the person was committed to the department. The person's sentence continues to run during the period that the person is in the custody of the appropriate officials of the United States or the foreign country to which the person is transferred. The person is subject to return to the custody of the department under this chapter if the person has not completed the person's sentence.

As added by P.L.71-1994, SEC.1.

 

IC 11-8-5Chapter 5. Confidential Records
           11-8-5-1"Personal information" defined
           11-8-5-2Classification; denial of access; disclosure to certain parties
           11-8-5-3Parties not authorized to be agents
           11-8-5-4Access controls to be established
           11-8-5-5Repealed

 

IC 11-8-5-1"Personal information" defined

     Sec. 1. As used in this chapter, "personal information" has the meaning set out in IC 4-1-6-1.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-5-2Classification; denial of access; disclosure to certain parties

     Sec. 2. (a) The department may, under IC 4-22-2, classify as confidential the following personal information maintained on a person who has been committed to the department or who has received correctional services from the department:

(1) Medical, psychiatric, or psychological data or opinion which might adversely affect that person's emotional well-being.

(2) Information relating to a pending investigation of alleged criminal activity or other misconduct.

(3) Information which, if disclosed, might result in physical harm to that person or other persons.

(4) Sources of information obtained only upon a promise of confidentiality.

(5) Information required by law or promulgated rule to be maintained as confidential.

     (b) The department may deny the person about whom the information pertains and other persons access to information classified as confidential under subsection (a). However, confidential information shall be disclosed:

(1) upon the order of a court;

(2) to employees of the department who need the information in the performance of their lawful duties;

(3) to other agencies in accord with IC 4-1-6-2(m) and IC 4-1-6-8.5;

(4) to the governor or the governor's designee;

(5) for research purposes in accord with IC 4-1-6-8.6(b);

(6) to the department of correction ombudsman bureau in accord with IC 11-11-1.5;

(7) to a person who is or may be the victim of inmate fraud (IC 35-43-5-20) if the commissioner determines that the interest in disclosure overrides the interest to be served by nondisclosure; or

(8) if the commissioner determines there exists a compelling public interest as defined in IC 4-1-6-1, for disclosure which overrides the interest to be served by nondisclosure.

     (c) The department shall disclose information classified as confidential under subsection (a)(1) to a physician, psychiatrist, or psychologist designated in writing by the person about whom the information pertains.

     (d) The department may disclose confidential information to the following:

(1) A provider of sex offender management, treatment, or programming.

(2) A provider of mental health services.

(3) Any other service provider working with the department to assist in the successful return of an offender to the community following the offender's release from incarceration.

     (e) This subsection does not prohibit the department from sharing information available on the Indiana sex offender registry with another person.

As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.292-2001, SEC.4; P.L.140-2006, SEC.12 and P.L.173-2006, SEC.12; P.L.81-2008, SEC.1.

 

IC 11-8-5-3Parties not authorized to be agents

     Sec. 3. A committed person or a person receiving correctional services from the department may not be an authorized agent for purposes of IC 4-1-6-3.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-5-4Access controls to be established

     Sec. 4. The department shall, consistent with IC 4-1-6 and this chapter, establish, under IC 4-22-2, access controls for all categories of personal information maintained by that agency.

As added by Acts 1979, P.L.120, SEC.1.

 

IC 11-8-5-5Repealed

As added by Acts 1979, P.L.120, SEC.1. Repealed by P.L.19-1983, SEC.12.

 

IC 11-8-6Chapter 6. Business Interests
           11-8-6-1Prohibited activities
           11-8-6-2Exceptions

 

IC 11-8-6-1Prohibited activities

     Sec. 1. A person committed to the department may not, without the express consent of the department:

(1) conduct a private business on department grounds or use the services or resources of the department for a private enterprise;

(2) use a department facility as the principal office for a business;

(3) use a post office box provided by the department for persons committed to the department as a business address;

(4) solicit funds or contributions for any purpose while in the custody or under the control of the department; or

(5) do business with the department or provide a service for profit to persons committed to the department.

As added by Acts 1981, P.L.133, SEC.1.

 

IC 11-8-6-2Exceptions

     Sec. 2. The department may grant an exception to section 1 of this chapter if appropriate after considering the general welfare and safety of:

(1) the public;

(2) other persons under its control;

(3) the individual seeking the exception; and

(4) the family of the individual seeking the exception.

As added by Acts 1981, P.L.133, SEC.1.

 

IC 11-8-7Chapter 7. Victim Notification Services
           11-8-7-1"Registered crime victim"
           11-8-7-2Automated victim notification system
           11-8-7-3System update; cause of action not established
           11-8-7-4Funding sources for system
           11-8-7-5Rules

 

IC 11-8-7-1"Registered crime victim"

     Sec. 1. As used in the chapter, "registered crime victim" refers to a crime victim who registers to receive victim notification services under section 2(a)(3) of this chapter if the department establishes an automated victim notification system under this chapter.

As added by P.L.64-2005, SEC.4.

 

IC 11-8-7-2Automated victim notification system

     Sec. 2. (a) The department shall establish an automated victim notification system that must do the following:

(1) Automatically notify a registered crime victim when a committed offender who committed the crime against the victim:

(A) is assigned to a:

(i) department facility; or

(ii) county jail or any other facility not operated by the department;

(B) is transferred to a:

(i) department facility; or

(ii) county jail or any other facility not operated by the department;

(C) is given a different security classification;

(D) is released on temporary leave;

(E) is discharged;

(F) has escaped;

(G) has a change in the committed offender's expected date of release from incarceration;

(H) is scheduled to have a parole release hearing;

(I) has requested clemency or pardon consideration;

(J) is to be placed in a minimum security:

(i) facility; or

(ii) work release program;

or is permitted to participate in another minimum security assignment; or

(K) dies during the committed offender's period of incarceration.

(2) Allow a registered crime victim to receive the most recent status report for an offender by calling the automated victim notification system on a toll free telephone number.

(3) Allow a crime victim to register or update the victim's registration for the automated victim notification system by calling a toll free telephone number.

     (b) For purposes of subsection (a), a sheriff responsible for the operation of a county jail shall immediately notify the department if a committed offender:

(1) is transferred to another county jail or another facility not operated by the department of correction;

(2) is released on temporary leave;

(3) is discharged; or

(4) has escaped.

Sheriffs and other law enforcement officers and prosecuting attorneys shall cooperate with the department in establishing and maintaining an automated victim notification system.

     (c) An automated victim notification system may transmit information to a person by:

(1) telephone;

(2) electronic mail; or

(3) another method as determined by the department.

     (d) The department shall provide the opportunity for a registered crime victim to receive periodic status reports concerning the committed offender who committed the crime against the registered crime victim, including reports stating:

(1) the committed offender's projected date of release from imprisonment;

(2) the facility where the committed offender is imprisoned; and

(3) the current security classification of the committed offender.

     (e) A registered crime victim may choose to receive a status report described in subsection (d):

(1) annually;

(2) quarterly;

(3) monthly; or

(4) when triggered by an event described in subsection (a)(1).

As added by P.L.64-2005, SEC.4. Amended by P.L.147-2012, SEC.1.

 

IC 11-8-7-3System update; cause of action not established

     Sec. 3. (a) The department must ensure that the offender information contained in an automated victim notification system is updated frequently enough to timely notify a registered crime victim that an offender has:

(1) been released;

(2) been discharged; or

(3) escaped.

     (b) The failure of an automated victim notification system to provide notice to the victim does not establish a separate cause of action by the victim against:

(1) the state; or

(2) the department.

As added by P.L.64-2005, SEC.4.

 

IC 11-8-7-4Funding sources for system

     Sec. 4. If the department establishes an automated victim notification system under this chapter, the department, in cooperation with the Indiana criminal justice institute:

(1) may use money in the victim and witness assistance fund under IC 5-2-6-14(e); and

(2) shall seek:

(A) federal grants; and

(B) other funding.

As added by P.L.64-2005, SEC.4.

 

IC 11-8-7-5Rules

     Sec. 5. The department may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.64-2005, SEC.4.

 

IC 11-8-8Chapter 8. Sex Offender Registration
           11-8-8-0.1Repealed
           11-8-8-0.2Application of certain amendments to prior law
           11-8-8-1"Correctional facility"
           11-8-8-1.2"Electronic chat room username"
           11-8-8-1.4"Electronic mail address"
           11-8-8-1.6"Instant messaging username"
           11-8-8-1.8"Social networking web site username"
           11-8-8-2"Local law enforcement authority"
           11-8-8-3"Principal residence"
           11-8-8-4"Register"
           11-8-8-4.5"Sex offender"
           11-8-8-5"Sex or violent offender"
           11-8-8-5.2"Sex offense"
           11-8-8-6"Sexually violent predator"
           11-8-8-7Persons required to register; registration locations; time limits; photographs; duties of local law enforcement
           11-8-8-8Required registration information; consent to computer search
           11-8-8-9Informing of duty to register; registration time limits; offenders not committed to the department
           11-8-8-10Duty to transmit fingerprints to Federal Bureau of Investigation
           11-8-8-11Change in registration location or status; duty to register or notify; updates
           11-8-8-12Temporary residence
           11-8-8-13Verification of current residences
           11-8-8-14Annual reporting; quarterly reporting for sexually violent predators; registration and photographs
           11-8-8-15Possession of valid Indiana driver's license or identification card required
           11-8-8-16Name changes
           11-8-8-17Registration violations; penalty
           11-8-8-18Sexually violent predator; duty to notify
           11-8-8-19Expiration of duty to register; lifetime registration; out-of-state registrants
           11-8-8-20Interstate agreements; department to determine status of out-of-state offenders
           11-8-8-21Sex and violent offender fund
           11-8-8-22Procedure for retroactive application of ameliorative statutes

 

IC 11-8-8-0.1Repealed

As added by P.L.220-2011, SEC.244. Repealed by P.L.63-2012, SEC.15.

 

IC 11-8-8-0.2Application of certain amendments to prior law

     Sec. 0.2. The amendments made to IC 5-2-12-4, IC 5-2-12-9, and IC 5-2-12-12 (before their repeal) by P.L.33-1996 apply to a child who is adjudicated a delinquent child after June 30, 1996, for an act that would be an offense described in IC 5-2-12-4(1) (before its repeal), as amended by P.L.33-1996.

As added by P.L.220-2011, SEC.245. Amended by P.L.63-2012, SEC.16.

 

IC 11-8-8-1"Correctional facility"

     Sec. 1. As used in this chapter, "correctional facility" has the meaning set forth in IC 4-13.5-1-1.

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.

 

IC 11-8-8-1.2"Electronic chat room username"

     Sec. 1.2. As used in this chapter, "electronic chat room username" means an identifier that allows a person to communicate over the Internet in real time using typed text.

As added by P.L.119-2008, SEC.1.

 

IC 11-8-8-1.4"Electronic mail address"

     Sec. 1.4. As used in this chapter, "electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered.

As added by P.L.119-2008, SEC.2.

 

IC 11-8-8-1.6"Instant messaging username"

     Sec. 1.6. As used in this chapter, "instant messaging username" means an identifier that allows a person to communicate over the Internet in real time using typed text.

As added by P.L.119-2008, SEC.3.

 

IC 11-8-8-1.8"Social networking web site username"

     Sec. 1.8. As used in this chapter, "social networking web site username" means an identifier or profile that allows a person to create, use, or modify a social networking web site, as defined in IC 35-31.5-2-307.

As added by P.L.119-2008, SEC.4. Amended by P.L.85-2017, SEC.43.

 

IC 11-8-8-2"Local law enforcement authority"

     Sec. 2. As used in this chapter, "local law enforcement authority" means the:

(1) chief of police of a consolidated city; or

(2) sheriff of a county that does not contain a consolidated city.

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.

 

IC 11-8-8-3"Principal residence"

     Sec. 3. As used in this chapter, "principal residence" means the residence where a sex or violent offender spends the most time. The term includes a residence owned or leased by another person if the sex or violent offender:

(1) does not own or lease a residence; or

(2) spends more time at the residence owned or leased by the other person than at the residence owned or leased by the sex or violent offender.

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13. Amended by P.L.216-2007, SEC.10.

 

IC 11-8-8-4"Register"

     Sec. 4. As used in this chapter, "register" means to report in person to a local law enforcement authority and provide the information required under section 8 of this chapter.

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13. Amended by P.L.216-2007, SEC.11.

 

IC 11-8-8-4.5"Sex offender"

     Sec. 4.5. (a) Except as provided in section 22 of this chapter, as used in this chapter, "sex offender" means a person convicted of any of the following offenses:

(1) Rape (IC 35-42-4-1).

(2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).

(3) Child molesting (IC 35-42-4-3).

(4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).

(5) Vicarious sexual gratification (including performing sexual conduct in the presence of a minor) (IC 35-42-4-5).

(6) Child solicitation (IC 35-42-4-6).

(7) Child seduction (IC 35-42-4-7).

(8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a crime committed after June 30, 2014), unless:

(A) the person is convicted of sexual misconduct with a minor as a Class C felony (for a crime committed before July 1, 2014) or a Level 5 felony (for a crime committed after June 30, 2014);

(B) the person is not more than:

(i) four (4) years older than the victim if the offense was committed after June 30, 2007; or

(ii) five (5) years older than the victim if the offense was committed before July 1, 2007; and

(C) the sentencing court finds that the person should not be required to register as a sex offender.

(9) Incest (IC 35-46-1-3).

(10) Sexual battery (IC 35-42-4-8).

(11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age, and the person who kidnapped the victim is not the victim's parent or guardian.

(12) Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age, and the person who confined or removed the victim is not the victim's parent or guardian.

(13) Possession of child pornography (IC 35-42-4-4(d) or IC 35-42-4-4(e)).

(14) Promoting prostitution (IC 35-45-4-4) as a Class B felony (for a crime committed before July 1, 2014) or a Level 4 felony (for a crime committed after June 30, 2014).

(15) Promotion of human trafficking under IC 35-42-3.5-1(a)(2).

(16) Promotion of human trafficking of a minor under IC 35-42-3.5-1(b)(1)(B) or IC 35-42-3.5-1(b)(2).

(17) Sexual trafficking of a minor (IC 35-42-3.5-1(c)).

(18) Human trafficking under IC 35-42-3.5-1(d)(3) if the victim is less than eighteen (18) years of age.

(19) Sexual misconduct by a service provider with a detained or supervised child (IC 35-44.1-3-10(c)).

(20) An attempt or conspiracy to commit a crime listed in this subsection.

(21) A crime under the laws of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in this subsection.

     (b) The term includes:

(1) a person who is required to register as a sex offender in any jurisdiction; and

(2) a child who has committed a delinquent act and who:

(A) is at least fourteen (14) years of age;

(B) is on probation, is on parole, is discharged from a facility by the department of correction, is discharged from a secure private facility (as defined in IC 31-9-2-115), or is discharged from a juvenile detention facility as a result of an adjudication as a delinquent child for an act that would be an offense described in subsection (a) if committed by an adult; and

(C) is found by a court by clear and convincing evidence to be likely to repeat an act that would be an offense described in subsection (a) if committed by an adult.

     (c) In making a determination under subsection (b)(2)(C), the court shall consider expert testimony concerning whether a child is likely to repeat an act that would be an offense described in subsection (a) if committed by an adult.

As added by P.L.216-2007, SEC.12. Amended by P.L.1-2012, SEC.2; P.L.72-2012, SEC.1; P.L.13-2013, SEC.41; P.L.214-2013, SEC.4; P.L.158-2013, SEC.171; P.L.185-2014, SEC.2; P.L.168-2014, SEC.20; P.L.75-2016, SEC.1; P.L.13-2016, SEC.4.

 

IC 11-8-8-5"Sex or violent offender"

     Sec. 5. (a) Except as provided in section 22 of this chapter, as used in this chapter, "sex or violent offender" means a person convicted of any of the following offenses:

(1) Rape (IC 35-42-4-1).

(2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).

(3) Child molesting (IC 35-42-4-3).

(4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).

(5) Vicarious sexual gratification (including performing sexual conduct in the presence of a minor) (IC 35-42-4-5).

(6) Child solicitation (IC 35-42-4-6).

(7) Child seduction (IC 35-42-4-7).

(8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a crime committed after June 30, 2014), unless:

(A) the person is convicted of sexual misconduct with a minor as a Class C felony (for a crime committed before July 1, 2014) or a Level 5 felony (for a crime committed after June 30, 2014);

(B) the person is not more than:

(i) four (4) years older than the victim if the offense was committed after June 30, 2007; or

(ii) five (5) years older than the victim if the offense was committed before July 1, 2007; and

(C) the sentencing court finds that the person should not be required to register as a sex offender.

(9) Incest (IC 35-46-1-3).

(10) Sexual battery (IC 35-42-4-8).

(11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age, and the person who kidnapped the victim is not the victim's parent or guardian.

(12) Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age, and the person who confined or removed the victim is not the victim's parent or guardian.

(13) Possession of child pornography (IC 35-42-4-4(d) or IC 35-42-4-4(e)).

(14) Promoting prostitution (IC 35-45-4-4) as a Class B felony (for a crime committed before July 1, 2014) or a Level 4 felony (for a crime committed after June 30, 2014).

(15) Promotion of human trafficking under IC 35-42-3.5-1(a)(2).

(16) Promotion of human trafficking of a minor under IC 35-42-3.5-1(b)(1)(B) or IC 35-42-3.5-1(b)(2).

(17) Sexual trafficking of a minor (IC 35-42-3.5-1(c)).

(18) Human trafficking under IC 35-42-3.5-1(d)(3) if the victim is less than eighteen (18) years of age.

(19) Murder (IC 35-42-1-1).

(20) Voluntary manslaughter (IC 35-42-1-3).

(21) Sexual misconduct by a service provider with a detained or supervised child (IC 35-44.1-3-10(c)).

(22) An attempt or conspiracy to commit a crime listed in this subsection.

(23) A crime under the laws of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in this subsection.

     (b) The term includes:

(1) a person who is required to register as a sex or violent offender in any jurisdiction; and

(2) a child who has committed a delinquent act and who:

(A) is at least fourteen (14) years of age;

(B) is on probation, is on parole, is discharged from a facility by the department of correction, is discharged from a secure private facility (as defined in IC 31-9-2-115), or is discharged from a juvenile detention facility as a result of an adjudication as a delinquent child for an act that would be an offense described in subsection (a) if committed by an adult; and

(C) is found by a court by clear and convincing evidence to be likely to repeat an act that would be an offense described in subsection (a) if committed by an adult.

     (c) In making a determination under subsection (b)(2)(C), the court shall consider expert testimony concerning whether a child is likely to repeat an act that would be an offense described in subsection (a) if committed by an adult.

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13. Amended by P.L.216-2007, SEC.13; P.L.1-2012, SEC.3; P.L.72-2012, SEC.2; P.L.13-2013, SEC.42; P.L.214-2013, SEC.5; P.L.158-2013, SEC.172; P.L.185-2014, SEC.3; P.L.168-2014, SEC.21; P.L.75-2016, SEC.2; P.L.13-2016, SEC.5.

 

IC 11-8-8-5.2"Sex offense"

     Sec. 5.2. As used in this chapter, "sex offense" means an offense listed in section 4.5(a) of this chapter.

As added by P.L.216-2007, SEC.14.

 

IC 11-8-8-6"Sexually violent predator"

     Sec. 6. As used in this chapter, "sexually violent predator" has the meaning set forth in IC 35-38-1-7.5.

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.

 

IC 11-8-8-7Persons required to register; registration locations; time limits; photographs; duties of local law enforcement

     Sec. 7. (a) Subject to section 19 of this chapter, the following persons must register under this chapter:

(1) A sex or violent offender who resides in Indiana. A sex or violent offender resides in Indiana if either of the following applies:

(A) The sex or violent offender spends or intends to spend at least seven (7) days (including part of a day) in Indiana during a one hundred eighty (180) day period.

(B) The sex or violent offender owns real property in Indiana and returns to Indiana at any time.

(2) A sex or violent offender who works or carries on a vocation or intends to work or carry on a vocation full time or part time for a period:

(A) exceeding seven (7) consecutive days; or

(B) for a total period exceeding fourteen (14) days;

during any calendar year in Indiana regardless of whether the sex or violent offender is financially compensated, volunteered, or is acting for the purpose of government or educational benefit.

(3) A sex or violent offender who is enrolled or intends to be enrolled on a full-time or part-time basis in any public or private educational institution, including any secondary school, trade, or professional institution, or postsecondary educational institution.

     (b) Except as provided in subsection (e), a sex or violent offender who resides in Indiana shall register with the local law enforcement authority in the county where the sex or violent offender resides. If a sex or violent offender resides in more than one (1) county, the sex or violent offender shall register with the local law enforcement authority in each county in which the sex or violent offender resides. If the sex or violent offender is also required to register under subsection (a)(2) or (a)(3), the sex or violent offender shall also register with the local law enforcement authority in the county in which the offender is required to register under subsection (c) or (d).

     (c) A sex or violent offender described in subsection (a)(2) shall register with the local law enforcement authority in the county where the sex or violent offender is or intends to be employed or carry on a vocation. If a sex or violent offender is or intends to be employed or carry on a vocation in more than one (1) county, the sex or violent offender shall register with the local law enforcement authority in each county. If the sex or violent offender is also required to register under subsection (a)(1) or (a)(3), the sex or violent offender shall also register with the local law enforcement authority in the county in which the offender is required to register under subsection (b) or (d).

     (d) A sex or violent offender described in subsection (a)(3) shall register with the local law enforcement authority in the county where the sex or violent offender is enrolled or intends to be enrolled as a student. If the sex or violent offender is also required to register under subsection (a)(1) or (a)(2), the sex or violent offender shall also register with the local law enforcement authority in the county in which the offender is required to register under subsection (b) or (c).

     (e) A sex or violent offender described in subsection (a)(1)(B) shall register with the local law enforcement authority in the county in which the real property is located. If the sex or violent offender is also required to register under subsection (a)(1)(A), (a)(2), or (a)(3), the sex or violent offender shall also register with the local law enforcement authority in the county in which the offender is required to register under subsection (b), (c), or (d).

     (f) A sex or violent offender committed to the department shall register with the department before the sex or violent offender is placed in a community transition program, placed in a work release program, or released from incarceration, whichever occurs first. The department shall forward the sex or violent offender's registration information to the local law enforcement authority of every county in which the sex or violent offender is required to register. If a sex or violent offender released from the department under this subsection:

(1) informs the department of the offender's intended location of residence upon release; and

(2) does not move to this location upon release;

the offender shall, not later than seventy-two (72) hours after the date on which the offender is released, report in person to the local law enforcement authority having jurisdiction over the offender's current address or location.

     (g) This subsection does not apply to a sex or violent offender who is a sexually violent predator. A sex or violent offender not committed to the department shall register not more than seven (7) days after the sex or violent offender:

(1) is released from a penal facility (as defined in IC 35-31.5-2-232);

(2) is released from a secure private facility (as defined in IC 31-9-2-115);

(3) is released from a juvenile detention facility;

(4) is transferred to a community transition program;

(5) is placed on parole;

(6) is placed on probation;

(7) is placed on home detention; or

(8) arrives at the place where the sex or violent offender is required to register under subsection (b), (c), or (d);

whichever occurs first. A sex or violent offender required to register in more than one (1) county under subsection (b), (c), (d), or (e) shall register in each appropriate county not more than seventy-two (72) hours after the sex or violent offender's arrival in that county or acquisition of real estate in that county.

     (h) This subsection applies to a sex or violent offender who is a sexually violent predator. A sex or violent offender who is a sexually violent predator shall register not more than seventy-two (72) hours after the sex or violent offender:

(1) is released from a penal facility (as defined in IC 35-31.5-2-232);

(2) is released from a secure private facility (as defined in IC 31-9-2-115);

(3) is released from a juvenile detention facility;

(4) is transferred to a community transition program;

(5) is placed on parole;

(6) is placed on probation;

(7) is placed on home detention; or

(8) arrives at the place where the sexually violent predator is required to register under subsection (b), (c), or (d);

whichever occurs first. A sex or violent offender who is a sexually violent predator required to register in more than one (1) county under subsection (b), (c), (d), or (e) shall register in each appropriate county not more than seventy-two (72) hours after the offender's arrival in that county or acquisition of real estate in that county.

     (i) The local law enforcement authority with whom a sex or violent offender registers under this section shall make and publish a photograph of the sex or violent offender on the Indiana sex and violent offender registry web site established under IC 36-2-13-5.5. The local law enforcement authority shall make a photograph of the sex or violent offender that complies with the requirements of IC 36-2-13-5.5 at least once per year. The sheriff of a county containing a consolidated city shall provide the police chief of the consolidated city with all photographic and computer equipment necessary to enable the police chief of the consolidated city to transmit sex or violent offender photographs (and other identifying information required by IC 36-2-13-5.5) to the Indiana sex and violent offender registry web site established under IC 36-2-13-5.5. In addition, the sheriff of a county containing a consolidated city shall provide all funding for the county's financial obligation for the establishment and maintenance of the Indiana sex and violent offender registry web site established under IC 36-2-13-5.5.

     (j) When a sex or violent offender registers, the local law enforcement authority shall:

(1) immediately update the Indiana sex and violent offender registry web site established under IC 36-2-13-5.5;

(2) notify every law enforcement agency having jurisdiction in the county where the sex or violent offender resides; and

(3) update the National Crime Information Center National Sex Offender Registry data base via the Indiana data and communications system (IDACS).

When a sex or violent offender from a jurisdiction outside Indiana registers a change of address, electronic mail address, instant messaging username, electronic chat room username, social networking web site username, employment, vocation, or enrollment in Indiana, the local law enforcement authority shall provide the department with the information provided by the sex or violent offender during registration.

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13. Amended by P.L.2-2007, SEC.151; P.L.216-2007, SEC.15; P.L.119-2008, SEC.5; P.L.114-2012, SEC.24; P.L.214-2013, SEC.6.

 

IC 11-8-8-8Required registration information; consent to computer search

     Sec. 8. (a) The registration required under this chapter must include the following information:

(1) The sex or violent offender's full name, alias, any name by which the sex or violent offender was previously known, date of birth, sex, race, height, weight, hair color, eye color, any scars, marks, or tattoos, Social Security number, driver's license number or state identification card number, vehicle description, vehicle plate number, and vehicle identification number for any vehicle the sex or violent offender owns or operates on a regular basis, principal residence address, other address where the sex or violent offender spends more than seven (7) nights in a fourteen (14) day period, and mailing address, if different from the sex or violent offender's principal residence address.

(2) A description of the offense for which the sex or violent offender was convicted, the date of conviction, the county of the conviction, the cause number of the conviction, and the sentence imposed, if applicable.

(3) If the person is required to register under section 7(a)(2) or 7(a)(3) of this chapter, the name and address of each of the sex or violent offender's employers in Indiana, the name and address of each campus or location where the sex or violent offender is enrolled in school in Indiana, and the address where the sex or violent offender stays or intends to stay while in Indiana.

(4) A recent photograph of the sex or violent offender.

(5) If the sex or violent offender is a sexually violent predator, that the sex or violent offender is a sexually violent predator.

(6) If the sex or violent offender is required to register for life, that the sex or violent offender is required to register for life.

(7) Any electronic mail address, instant messaging username, electronic chat room username, or social networking web site username that the sex or violent offender uses or intends to use.

(8) Any other information required by the department.

     (b) If a sex or violent offender on probation or parole registers any information under subsection (a)(7), the offender shall sign a consent form authorizing the:

(1) search of the sex or violent offender's personal computer or device with Internet capability, at any time; and

(2) installation on the sex or violent offender's personal computer or device with Internet capability, at the sex or violent offender's expense, of hardware or software to monitor the sex or violent offender's Internet usage.

     (c) If the information described in subsection (a) changes, the sex or violent offender shall report in person to the local law enforcement authority having jurisdiction over the sex or violent offender's principal address not later than seventy-two (72) hours after the change and submit the new information to the local law enforcement authority. Upon request of the local law enforcement authority, the sex or violent offender shall permit a new photograph of the sex or violent offender to be made.

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13. Amended by P.L.216-2007, SEC.16; P.L.119-2008, SEC.6; P.L.214-2013, SEC.7.

 

IC 11-8-8-9Informing of duty to register; registration time limits; offenders not committed to the department

     Sec. 9. (a) Not more than seven (7) days before an Indiana sex or violent offender who is required to register under this chapter is scheduled to be released from a secure private facility (as defined in IC 31-9-2-115), or released from a juvenile detention facility, an official of the facility shall do the following:

(1) Orally inform the sex or violent offender of the sex or violent offender's duty to register under this chapter and require the sex or violent offender to sign a written statement that the sex or violent offender was orally informed or, if the sex or violent offender refuses to sign the statement, certify that the sex or violent offender was orally informed of the duty to register.

(2) Deliver a form advising the sex or violent offender of the sex or violent offender's duty to register under this chapter and require the sex or violent offender to sign a written statement that the sex or violent offender received the written notice or, if the sex or violent offender refuses to sign the statement, certify that the sex or violent offender was given the written notice of the duty to register.

(3) Obtain the address where the sex or violent offender expects to reside after the sex or violent offender's release.

(4) Transmit to the local law enforcement authority in the county where the sex or violent offender expects to reside the sex or violent offender's name, date of release or transfer, new address, and the offense or delinquent act committed by the sex or violent offender.

     (b) Not more than seventy-two (72) hours after a sex or violent offender who is required to register under this chapter is released or transferred as described in subsection (a), an official of the facility shall transmit to the state police the following:

(1) The sex or violent offender's fingerprints, photograph, and identification factors.

(2) The address where the sex or violent offender expects to reside after the sex or violent offender's release.

(3) The complete criminal history data (as defined in IC 10-13-3-5) or, if the sex or violent offender committed a delinquent act, juvenile history data (as defined in IC 10-13-4-4) of the sex or violent offender.

(4) Information regarding the sex or violent offender's past treatment for mental disorders.

(5) Information as to whether the sex or violent offender has been determined to be a sexually violent predator.

     (c) This subsection applies if a sex or violent offender is placed on probation or in a community corrections program without being confined in a penal facility. The probation office serving the court in which the sex or violent offender is sentenced shall perform the duties required under subsections (a) and (b).

     (d) For any sex or violent offender who is not committed to the department, the probation office of the sentencing court shall transmit to the department a copy of:

        (1) the sex or violent offender's:

(A) sentencing order; and

(B) presentence investigation; and

(2) any other information required by the department to make a determination concerning sex or violent offender registration.

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13. Amended by P.L.216-2007, SEC.17; P.L.3-2008, SEC.87.

 

IC 11-8-8-10Duty to transmit fingerprints to Federal Bureau of Investigation

     Sec. 10. Notwithstanding any other law, upon receiving a sex or violent offender's fingerprints from a correctional facility, the state police shall immediately send the fingerprints to the Federal Bureau of Investigation.

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13. Amended by P.L.216-2007, SEC.18.

 

IC 11-8-8-11Change in registration location or status; duty to register or notify; updates

     Sec. 11. (a) If a sex or violent offender who is required to register under this chapter changes:

(1) principal residence address; or

(2) if section 7(a)(2) or 7(a)(3) of this chapter applies, the place where the sex or violent offender stays in Indiana;

the sex or violent offender shall report in person to the local law enforcement authority having jurisdiction over the sex or violent offender's current principal address or location and, if the offender moves to a new county in Indiana, to the local law enforcement authority having jurisdiction over the sex or violent offender's new principal address or location not more than seventy-two (72) hours after the address change.

     (b) If a sex or violent offender moves to a new county in Indiana, the local law enforcement authority where the sex or violent offender's current principal residence address is located shall inform the local law enforcement authority in the new county in Indiana of the sex or violent offender's residence and forward all relevant registration information concerning the sex or violent offender to the local law enforcement authority in the new county. The local law enforcement authority receiving notice under this subsection shall verify the address of the sex or violent offender under section 13 of this chapter not more than seven (7) days after receiving the notice.

     (c) If a sex or violent offender who is required to register under section 7(a)(2) or 7(a)(3) of this chapter changes the sex or violent offender's principal place of employment, principal place of vocation, or campus or location where the sex or violent offender is enrolled in school, the sex or violent offender shall report in person:

(1) to the local law enforcement authority having jurisdiction over the sex or violent offender's current principal place of employment, principal place of vocation, or campus or location where the sex or violent offender is enrolled in school; and

(2) if the sex or violent offender changes the sex or violent offender's place of employment, vocation, or enrollment to a new county in Indiana, to the local law enforcement authority having jurisdiction over the sex or violent offender's new principal place of employment, principal place of vocation, or campus or location where the sex or violent offender is enrolled in school;

not more than seventy-two (72) hours after the change.

     (d) If a sex or violent offender moves the sex or violent offender's place of employment, vocation, or enrollment to a new county in Indiana, the local law enforcement authority having jurisdiction over the sex or violent offender's current principal place of employment, principal place of vocation, or campus or location where the sex or violent offender is enrolled in school shall inform the local law enforcement authority in the new county of the sex or violent offender's new principal place of employment, vocation, or enrollment by forwarding relevant registration information to the local law enforcement authority in the new county.

     (e) If a sex or violent offender moves the sex or violent offender's residence, place of employment, vocation, or enrollment to a new state, the local law enforcement authority shall inform the state police in the new state of the sex or violent offender's new place of residence, employment, vocation, or enrollment.

     (f) If a sex or violent offender who is required to register under this chapter changes or obtains a new:

(1) electronic mail address;

(2) instant messaging username;

(3) electronic chat room username; or

(4) social networking web site username;

the sex or violent offender shall report in person to the local law enforcement authority having jurisdiction over the sex or violent offender's current principal address or location and shall provide the local law enforcement authority with the new address or username not more than seventy-two (72) hours after the change or creation of the address or username.

     (g) A local law enforcement authority shall make registration information, including information concerning the duty to register and the penalty for failing to register, available to a sex or violent offender.

     (h) A local law enforcement authority who is notified of a change under subsection (a), (c), or (f) shall:

(1) immediately update the Indiana sex and violent offender registry web site established under IC 36-2-13-5.5;

(2) update the National Crime Information Center National Sex Offender Registry data base via the Indiana data and communications system (IDACS); and

(3) notify the department.

     (i) If a sex or violent offender who is registered with a local law enforcement authority becomes incarcerated, the local law enforcement authority shall transmit a copy of the information provided by the sex or violent offender during registration to the department.

     (j) If a sex or violent offender is no longer required to register due to the expiration of the registration period, or if a court grants a petition under section 22 of this chapter that removes the offender's duty to register under this chapter, the local law enforcement authority shall:

(1) ensure the offender's information is no longer published to the public portal of the sex and violent offender registry Internet web site established under IC 36-2-13-5.5; and

(2) transmit a copy of the information provided by the sex or violent offender during registration to the department.

     (k) This subsection applies only to a sex or violent offender who has:

(1) informed the local law enforcement authority of the offender's intention to move the offender's residence to a new location; and

(2) not moved the offender's residence to the new location.

Not later than seventy-two (72) hours after the date on which a sex or violent offender to whom this subsection applies was scheduled to move (according to information the offender provided to the local law enforcement authority before the move), the sex or violent offender shall report in person to the local law enforcement authority having jurisdiction over the offender's current address or location, even if the offender's address has not changed. An offender who fails to report as provided in this subsection may be prosecuted in the offender's original county of residence, in the county to which the offender intended to move, or in the offender's current county of residence.

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13. Amended by P.L.1-2007, SEC.100; P.L.216-2007, SEC.19; P.L.119-2008, SEC.7; P.L.214-2013, SEC.8.

 

IC 11-8-8-12Temporary residence

     Sec. 12. (a) As used in this section, "temporary residence" means a residence:

(1) that is established to provide transitional housing for a person without another residence; and

(2) in which a person is not typically permitted to reside for more than thirty (30) days in a sixty (60) day period.

     (b) This section applies only to a sex or violent offender who resides in a temporary residence. In addition to the other requirements of this chapter, a sex or violent offender who resides in a temporary residence shall register in person with the local law enforcement authority in which the temporary residence is located:

(1) not more than seventy-two (72) hours after the sex or violent offender moves into the temporary residence; and

(2) during the period in which the sex or violent offender resides in a temporary residence, at least once every seven (7) days following the sex or violent offender's initial registration under subdivision (1).

     (c) A sex or violent offender who does not have a principal residence or temporary residence shall report in person to the local law enforcement authority in the county where the sex or violent offender resides at least once every seven (7) days to report an address for the location where the sex or violent offender will stay during the time in which the sex or violent offender lacks a principal address or temporary residence.

     (d) A sex or violent offender's obligation to register in person once every seven (7) days terminates when the sex or violent offender no longer resides in the temporary residence or location described in subsection (c). However, all other requirements imposed on a sex or violent offender by this chapter continue in force, including the requirement that a sex or violent offender register the sex or violent offender's new address with the local law enforcement authority.

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13. Amended by P.L.216-2007, SEC.20.

 

IC 11-8-8-13Verification of current residences

     Sec. 13. (a) To verify a sex or violent offender's current residence, the local law enforcement authority having jurisdiction over the area of the sex or violent offender's current principal address or location shall do the following:

(1) Contact each offender in a manner approved or prescribed by the department at least one (1) time per year.

(2) Contact each offender who is designated a sexually violent predator in a manner approved or prescribed by the department at least once every ninety (90) days.

(3) Personally visit each sex or violent offender in the county at the sex or violent offender's listed address at least one (1) time per year, beginning seven (7) days after the local law enforcement authority receives a notice under section 7 of this chapter or the date the sex or violent offender is:

(A) released from a penal facility (as defined in IC 35-31.5-2-232), a secure private facility (as defined in IC 31-9-2-115), or a juvenile detention facility;

(B) placed in a community transition program;

(C) placed in a community corrections program;

(D) placed on parole; or

(E) placed on probation;

whichever occurs first.

(4) Personally visit each sex or violent offender who is designated a sexually violent predator under IC 35-38-1-7.5 at least once every ninety (90) days, beginning seven (7) days after the local law enforcement authority receives a notice under section 7 of this chapter or the date the sex or violent offender is:

(A) released from a penal facility (as defined in IC 35-31.5-2-232), a secure private facility (as defined in IC 31-9-2-115), or a juvenile detention facility;

(B) placed in a community transition program;

(C) placed in a community corrections program;

(D) placed on parole; or

(E) placed on probation;

whichever occurs first.

     (b) If a sex or violent offender appears not to reside at the sex or violent offender's listed address, the local law enforcement authority shall immediately notify the department and the prosecuting attorney.

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13. Amended by P.L.216-2007, SEC.21; P.L.114-2012, SEC.25; P.L.214-2013, SEC.9.

 

IC 11-8-8-14Annual reporting; quarterly reporting for sexually violent predators; registration and photographs

     Sec. 14. (a) This subsection does not apply to a sex or violent offender who is a sexually violent predator. In addition to the other requirements of this chapter, a sex or violent offender who is required to register under this chapter shall, at least one (1) time every three hundred sixty-five (365) days:

(1) report in person to the local law enforcement authority;

(2) register; and

(3) be photographed by the local law enforcement authority;

in each location where the offender is required to register.

     (b) This subsection applies to a sex or violent offender who is a sexually violent predator. In addition to the other requirements of this chapter, a sex or violent offender who is a sexually violent predator under IC 35-38-1-7.5 shall:

(1) report in person to the local law enforcement authority;

(2) register; and

(3) be photographed by the local law enforcement authority in each location where the sex or violent offender is required to register;

every ninety (90) days.

     (c) Each time a sex or violent offender who claims to be working or attending school registers in person, the sex or violent offender shall provide documentation to the local law enforcement authority providing evidence that the sex or violent offender is still working or attending school at the registered location.

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13. Amended by P.L.216-2007, SEC.22; P.L.214-2013, SEC.10.

 

IC 11-8-8-15Possession of valid Indiana driver's license or identification card required

     Sec. 15. (a) A sex or violent offender who is a resident of Indiana shall obtain and keep in the sex or violent offender's possession:

(1) a valid Indiana driver's license; or

(2) a valid Indiana identification card (as described in IC 9-24-16) or a photo exempt identification card (as described in IC 9-24-16.5);

that contains the offender's current address and current physical description.

     (b) A sex or violent offender required to register in Indiana who is not a resident of Indiana shall obtain and keep in the sex or violent offender's possession:

(1) a valid driver's license issued by the state in which the sex or violent offender resides; or

(2) a valid state issued identification card issued by the state in which the sex or violent offender resides;

that contains the offender's current address and current physical description.

     (c) A person who knowingly or intentionally violates this section commits failure of a sex or violent offender to possess identification, a Class A misdemeanor. However, the offense is a Level 6 felony if the person:

(1) is a sexually violent predator; or

(2) has a prior unrelated conviction:

(A) under this section; or

(B) based on the person's failure to comply with any requirement imposed on an offender under this chapter.

     (d) It is a defense to a prosecution under this section that:

(1) the person has been unable to obtain a valid driver's license, state issued identification card, or photo exempt identification card because less than thirty (30) days have passed since the person's release from incarceration;

(2) the person possesses a driver's license, state issued identification card, or photo exempt identification card that expired not more than thirty (30) days before the date the person violated subsection (a) or (b); or

(3) the person possesses a valid driver's license, state issued identification card, or photo exempt identification card, but the card does not reflect the person's current address or current physical description because fewer than thirty (30) days have passed since the person changed the person's current address or physical characteristics.

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13. Amended by P.L.216-2007, SEC.23; P.L.214-2013, SEC.11; P.L.158-2013, SEC.173; P.L.168-2014, SEC.22; P.L.197-2015, SEC.14.

 

IC 11-8-8-16Name changes

     Sec. 16. (a) A sex or violent offender who is required to register under this chapter may not petition for a change of name under IC 34-28-2.

     (b) If a sex or violent offender who is required to register under this chapter changes the sex or violent offender's name due to marriage, the sex or violent offender must register with the local law enforcement authority not more than seven (7) days after the name change.

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13. Amended by P.L.216-2007, SEC.24.

 

IC 11-8-8-17Registration violations; penalty

     Sec. 17. (a) A sex or violent offender who knowingly or intentionally:

(1) fails to register when required to register under this chapter;

(2) fails to register in every location where the sex or violent offender is required to register under this chapter;

(3) makes a material misstatement or omission while registering as a sex or violent offender under this chapter;

(4) fails to register in person as required under this chapter; or

(5) does not reside at the sex or violent offender's registered address or location;

commits a Level 6 felony.

     (b) The offense described in subsection (a) is a Level 5 felony if the sex or violent offender has a prior unrelated conviction for an offense:

(1) under this section; or

(2) based on the person's failure to comply with any requirement imposed on a sex or violent offender under this chapter or under IC 5-2-12 before its repeal.

     (c) It is not a defense to a prosecution under this section that the sex or violent offender was unable to pay the sex or violent offender registration fee or the sex or violent offender address change fee described under IC 36-2-13-5.6.

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13. Amended by P.L.216-2007, SEC.25; P.L.158-2013, SEC.174.

 

IC 11-8-8-18Sexually violent predator; duty to notify

     Sec. 18. (a) A sexually violent predator who will be absent from the sexually violent predator's principal residence for more than seventy-two (72) hours shall inform the local law enforcement authority in the county where the sexually violent predator's principal address is located, in person, of the following:

(1) That the sexually violent predator will be absent from the sexually violent predator's principal residence for more than seventy-two (72) hours.

(2) The location where the sexually violent predator will be located during the absence from the sexually violent predator's principal residence.

(3) The length of time the sexually violent predator will be absent from the sexually violent predator's principal residence.

     (b) A sexually violent predator who will spend more than seventy-two (72) hours in a county in which the sexually violent predator is not required to register shall inform the local law enforcement authority in the county in which the sexually violent predator is not required to register, in person, of the following:

(1) That the sexually violent predator will spend more than seventy-two (72) hours in the county.

(2) The location where the sexually violent predator will be located while spending time in the county.

(3) The length of time the sexually violent predator will remain in the county.

Upon request of the local law enforcement authority of the county in which the sexually violent predator is not required to register, the sexually violent predator shall provide the local law enforcement authority with any additional information that will assist the local law enforcement authority in determining the sexually violent predator's whereabouts during the sexually violent predator's stay in the county.

     (c) A sexually violent predator who knowingly or intentionally violates this section commits failure to notify, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section based on the person's failure to comply with any requirement imposed on a sex or violent offender under this chapter.

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13. Amended by P.L.216-2007, SEC.26; P.L.158-2013, SEC.175.

 

IC 11-8-8-19Expiration of duty to register; lifetime registration; out-of-state registrants

     Sec. 19. (a) Except as provided in subsections (b) through (f), a sex or violent offender is required to register under this chapter until the expiration of ten (10) years after the date the sex or violent offender:

(1) is released from a penal facility (as defined in IC 35-31.5-2-232) or a secure juvenile detention facility of a state or another jurisdiction;

(2) is placed in a community transition program;

(3) is placed in a community corrections program;

(4) is placed on parole; or

(5) is placed on probation;

for the sex or violent offense requiring registration, whichever occurs last. The registration period is tolled during any period that the sex or violent offender is incarcerated. The registration period does not restart if the offender is convicted of a subsequent offense. However, if the subsequent offense is a sex or violent offense, a new registration period may be imposed in accordance with this chapter. The department shall ensure that an offender who is no longer required to register as a sex or violent offender is notified that the obligation to register has expired, and shall ensure that the offender's information is no longer published to the public portal of the sex and violent offender registry Internet web site established under IC 36-2-13-5.5.

     (b) A sex or violent offender who is a sexually violent predator is required to register for life.

     (c) A sex or violent offender who is convicted of at least one (1) offense under section 5(a) of this chapter that the sex or violent offender committed:

(1) when the person was at least eighteen (18) years of age; and

(2) against a victim who was less than twelve (12) years of age at the time of the crime;

is required to register for life.

     (d) A sex or violent offender who is convicted of at least one (1) offense under section 5(a) of this chapter in which the sex offender:

(1) proximately caused serious bodily injury or death to the victim;

(2) used force or the threat of force against the victim or a member of the victim's family, unless the offense is sexual battery as a Class D felony (for an offense committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014); or

(3) rendered the victim unconscious or otherwise incapable of giving voluntary consent;

is required to register for life.

     (e) A sex or violent offender who is convicted of at least two (2) unrelated offenses under section 5(a) of this chapter is required to register for life.

     (f) A person who is required to register as a sex or violent offender in any jurisdiction shall register for the period required by the other jurisdiction or the period described in this section, whichever is longer.

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13. Amended by P.L.216-2007, SEC.27; P.L.119-2008, SEC.8; P.L.114-2012, SEC.26; P.L.214-2013, SEC.12; P.L.158-2013, SEC.176; P.L.168-2014, SEC.23; P.L.5-2015, SEC.33.

 

IC 11-8-8-20Interstate agreements; department to determine status of out-of-state offenders

     Sec. 20. (a) The department may enter into a compact or agreement with one (1) or more jurisdictions outside Indiana to exchange notifications concerning the change of address, employment, vocation, or enrollment of a sex or violent offender between Indiana and the other jurisdiction or the other jurisdiction and Indiana.

     (b) If the department receives information that a sex or violent offender has relocated to Indiana to reside, engage in employment or a vocation, or enroll in school, or that a sex or violent offender has been convicted in Indiana but not sentenced to the department, the department shall determine:

(1) whether the person is defined as a:

(A) sex offender under IC 11-8-8-4.5; or

(B) sex or violent offender under IC 11-8-8-5;

(2) whether the person is a sexually violent predator under IC 35-38-1-7.5;

(3) the period for which the person will be required to register as a sex or violent offender in Indiana; and

(4) any other matter required by law to make a registration determination.

     (c) After the department has made a determination under subsection (b), the department shall update the sex and violent offender registry web site and transmit the department's determination to the local law enforcement authority having jurisdiction over the county where the sex or violent offender resides, is employed, and attends school. The department shall transmit:

(1) the sex or violent offender's name, date of relocation, and new address (if applicable), the offense or delinquent act committed by the sex or violent offender, and any other available descriptive information;

(2) whether the sex or violent offender is a sexually violent predator;

(3) the period for which the sex or violent offender will be required to register in Indiana; and

(4) anything else required by law to make a registration determination.

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13. Amended by P.L.216-2007, SEC.28; P.L.3-2008, SEC.88.

 

IC 11-8-8-21Sex and violent offender fund

     Sec. 21. (a) The state sex and violent offender administration fund is established to assist the department in carrying out its duties under IC 11-8-2-12.4 concerning the Indiana sex and violent offender registry. The fund shall be administered by the department.

     (b) The expenses of administering the fund shall be paid from money in the fund.

     (c) The fund consists of:

(1) grants;

(2) donations;

(3) appropriations;

(4) money from the annual sex or violent offender registration fee (IC 36-2-13-5.6(a)(1)(A)); and

(5) money from the sex or violent offender address change fee (IC 36-2-13-5.6(a)(1)(B)).

     (d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.

     (e) Money in the fund is continually appropriated to carry out the purposes of the fund.

As added by P.L.216-2007, SEC.29.

 

IC 11-8-8-22Procedure for retroactive application of ameliorative statutes

     Sec. 22. (a) As used in this section, "offender" means a sex offender (as defined in section 4.5 of this chapter) and a sex or violent offender (as defined in section 5 of this chapter).

     (b) Subsection (g) applies to an offender required to register under this chapter if, due to a change in federal or state law after June 30, 2007, an individual who engaged in the same conduct as the offender:

(1) would not be required to register under this chapter; or

(2) would be required to register under this chapter but under less restrictive conditions than the offender is required to meet.

     (c) A person to whom this section applies may petition a court to:

(1) remove the person's designation as an offender and order the department to remove all information regarding the person from the public portal of the sex and violent offender registry Internet web site established under IC 36-2-13-5.5; or

(2) require the person to register under less restrictive conditions.

     (d) A petition under this section shall be filed in the circuit or superior court of the county in which the offender resides. If the offender resides in more than one (1) county, the petition shall be filed in the circuit or superior court of the county in which the offender resides the greatest time. If the offender does not reside in Indiana, the petition shall be filed in the circuit or superior court of the county where the offender is employed the greatest time. If the offender does not reside or work in Indiana, but is a student in Indiana, the petition shall be filed in the circuit or superior court of the county where the offender is a student. If the offender is not a student in Indiana and does not reside or work in Indiana, the petition shall be filed in the county where the offender was most recently convicted of a crime listed in section 5 of this chapter.

     (e) After receiving a petition under this section, the court may:

(1) summarily dismiss the petition; or

(2) give notice to:

(A) the department;

(B) the attorney general;

(C) the prosecuting attorney of:

(i) the county where the petition was filed;

(ii) the county where offender was most recently convicted of an offense listed in section 5 of this chapter; and

(iii) the county where the offender resides; and

(D) the sheriff of the county where the offender resides;

and set the matter for hearing. The date set for a hearing must not be less than sixty (60) days after the court gives notice under this subsection.

     (f) If a court sets a matter for a hearing under this section, the prosecuting attorney of the county in which the action is pending shall appear and respond, unless the prosecuting attorney requests the attorney general to appear and respond and the attorney general agrees to represent the interests of the state in the matter. If the attorney general agrees to appear, the attorney general shall give notice to:

(1) the prosecuting attorney; and

(2) the court.

     (g) A court may grant a petition under this section if, following a hearing, the court makes the following findings:

(1) The law requiring the petitioner to register as an offender has changed since the date on which the petitioner was initially required to register.

(2) If the petitioner who was required to register as an offender before the change in law engaged in the same conduct after the change in law occurred, the petitioner would:

(A) not be required to register as an offender; or

(B) be required to register as an offender, but under less restrictive conditions.

(3) If the petitioner seeks relief under this section because a change in law makes a previously unavailable defense available to the petitioner, that the petitioner has proved the defense.

The court has the discretion to deny a petition under this section, even if the court makes the findings under this subsection.

     (h) The petitioner has the burden of proof in a hearing under this section.

     (i) If the court grants a petition under this section, the court shall notify:

(1) the victim of the offense, if applicable;

(2) the department of correction; and

(3) the local law enforcement authority of every county in which the petitioner is currently required to register.

     (j) An offender may base a petition filed under this section on a claim that the application or registration requirements constitute ex post facto punishment.

     (k) A petition filed under this section must:

(1) be submitted under the penalties of perjury;

(2) list each of the offender's criminal convictions and state for each conviction:

(A) the date of the judgment of conviction;

(B) the court that entered the judgment of conviction;

(C) the crime that the offender pled guilty to or was convicted of; and

(D) whether the offender was convicted of the crime in a trial or pled guilty to the criminal charges; and

(3) list each jurisdiction in which the offender is required to register as a sex offender or a violent offender.

     (l) The attorney general may initiate an appeal from any order granting an offender relief under this section.

As added by P.L.216-2007, SEC.30. Amended by P.L.103-2010, SEC.2; P.L.214-2013, SEC.13.

 

IC 11-8-9Chapter 9. Correctional Police Officers
           11-8-9-1Appointment of a correctional police officer; training
           11-8-9-2Oath; conditions of employment
           11-8-9-3Police powers
           11-8-9-4Limitations on the exercise of police powers

 

IC 11-8-9-1Appointment of a correctional police officer; training

     Sec. 1. The commissioner may appoint an individual to serve as a correctional police officer. An individual appointed to serve as a correctional police officer may not exercise police powers until the individual successfully completes a program of instruction certified by the department and the law enforcement training board.

As added by P.L.77-2009, SEC.5.

 

IC 11-8-9-2Oath; conditions of employment

     Sec. 2. An individual appointed as a correctional police officer under section 1 of this chapter shall take an appropriate oath of office in the form and manner prescribed by the commissioner. A correctional police officer serves at the pleasure of the commissioner.

As added by P.L.77-2009, SEC.5.

 

IC 11-8-9-3Police powers

     Sec. 3. Except as provided in section 4 of this chapter, a correctional police officer may:

(1) make an arrest;

(2) conduct a search or a seizure of a person or property;

(3) carry a firearm; and

(4) exercise other police powers with respect to the enforcement of Indiana laws.

As added by P.L.77-2009, SEC.5.

 

IC 11-8-9-4Limitations on the exercise of police powers

     Sec. 4. (a) A correctional police officer may not make an arrest, conduct a search or a seizure of a person or property, or exercise other police powers unless the arrest, search, seizure, or exercise of other police powers is performed:

(1) in connection with an offense committed on the property of the department;

(2) in connection with an offense involving an offender who is committed to the department;

(3) in connection with an offense committed in the presence of the officer; or

(4) while assisting another law enforcement officer who has requested the assistance of the correctional police officer.

     (b) The commissioner may additionally limit the exercise of the powers described in subsection (a).

As added by P.L.77-2009, SEC.5.

 

IC 11-8-10Chapter 10. Video Conferencing by Confined Persons
           11-8-10-1Video conferencing by confined persons
           11-8-10-2Mental health evaluations

 

IC 11-8-10-1Video conferencing by confined persons

     Sec. 1. (a) If:

(1) a person is confined in a department facility;

(2) the person is required to make an appearance before the judge of a court;

(3) the:

(A) department facility; and

(B) court room;

have the capability of conducting two-way video conferencing between the department facility and the court room;

(4) the judge, on the judge's own motion, orders the person to make the person's appearance by use of video conferencing; and

(5) the person consents to the use of video conferencing;

the person shall appear before the judge while located in the department facility by use of video conferencing.

     (b) If a person's appearance before a judge under this section is conducted by video conferencing, the judge shall ensure that the appearance is recorded if a record of the appearance would have been kept if the person had appeared in the judge's court room.

As added by P.L.159-2015, SEC.1.

 

IC 11-8-10-2Mental health evaluations

     Sec. 2. (a) This section applies only to a mental health evaluation conducted for the purpose of mental health assessment and treatment. This section does not apply to a mental health evaluation conducted for the purpose of:

(1) determining whether a person is competent to stand trial; or

(2) establishing a defense to the commission of a crime, including the defense of mental disease or defect under IC 35-41-3-6.

     (b) If:

(1) a person is confined in a county jail;

(2) a judge of a court has ordered the person to undergo a mental health evaluation;

(3) the:

(A) county jail; and

(B) location of the provider of mental health services who will conduct the mental health evaluation;

have the capability of conducting two-way video conferencing between the county jail and the location;

(4) the mental health evaluation may be conducted by two-way video conferencing; and

(5) the judge, on the judge's own motion, orders the person to undergo the mental health evaluation by use of video conferencing;

the person shall undergo the mental health evaluation while located in the county jail by use of video conferencing.

     (c) If a person's mental health evaluation under this section is conducted by video conferencing, the mental health evaluation may not be recorded.

As added by P.L.159-2015, SEC.1.

 

IC 11-9ARTICLE 9. PAROLE BOARD
           Ch. 1.Organization, Powers, and Duties
           Ch. 2.Commutations, Pardons, Reprieves, and Remissions

 

IC 11-9-1Chapter 1. Organization, Powers, and Duties
           11-9-1-1Parole board; establishment, membership, appointment, term, vacancy; qualifications
           11-9-1-2Powers and duties
           11-9-1-3Inquiry, investigation, hearing, review; delegation of function; powers
           11-9-1-4Continuation of rules adopted and in effect on October 1, 1980

 

IC 11-9-1-1Parole board; establishment, membership, appointment, term, vacancy; qualifications

     Sec. 1. (a) There is established, as a division of the department, the parole board, consisting of five (5) members appointed by the governor, not more than three (3) of whom may be affiliated with the same political party. Members are appointed for a term of four (4) years. A vacancy occurring before the expiration of a term shall be filled by the governor for the remainder of the term. In the event of a temporary inability to act of any member, the governor may appoint a person qualified under this section to act in his place during the continuance of the inability. Members may be reappointed.

     (b) To qualify for membership a person must:

(1) hold at least a bachelor's degree from an accredited college or university; or

(2) have at least ten (10) years of law enforcement experience;

and must have the skill, training, or experience to analyze questions of law, administration, and public policy. Members shall devote full time to their duties, and are entitled to a salary to be determined by the state budget agency with the approval of the governor. The governor shall designate one (1) of the members to serve as chairman.

As added by Acts 1979, P.L.120, SEC.2. Amended by P.L.43-2001, SEC.1; P.L.100-2012, SEC.30.

 

IC 11-9-1-2Powers and duties

     Sec. 2. (a) The parole board shall:

(1) organize the division and employ personnel as are needed to properly discharge the functions of the board;

(2) make parole release and revocation decisions under IC 11-13-3 and IC 35-50-6-1;

(3) make pardon, clemency, reprieve, and remission recommendations to the governor under IC 11-9-2;

(4) collect, develop, and maintain statistical information concerning its services and decisions;

(5) keep records of its official actions and make them accessible according to law;

(6) review and approve policies created by the department under IC 11-8-2-12.4(6) that provide for a schedule of progressive parole incentives and violation sanctions, including judicial review procedures;

(7) cooperate with public and private agencies, local communities, and private groups and individuals for the development and improvement of its services;

(8) explain its functions to the public; and

(9) make an annual report to the governor by September 1 of each year containing a description of its operations for the preceding fiscal year ending June 30, an evaluation of its effectiveness, any recommendations for statutory, budgetary, or other changes considered necessary to improve its effectiveness, and any other information required by law.

     (b) The parole board may:

(1) conduct inquiries, investigations, and reviews and hold hearings to properly discharge its functions;

(2) issue subpoenas, enforceable by action in circuit and superior courts, to compel any person to appear, give sworn testimony, or produce documentary evidence relating to any matter under inquiry, investigation, hearing, or review;

(3) administer oaths and take testimony of persons under oath;

(4) request from any public agency assistance, services, and information that will enable it to properly discharge its functions;

(5) enter, without notice, premises within the department's control, to confer with any committed person;

(6) adopt, under IC 4-22-2, rules to properly discharge its functions; and

(7) exercise any other power necessary in discharging its duties and powers.

As added by Acts 1979, P.L.120, SEC.2. Amended by P.L.179-2014, SEC.2.

 

IC 11-9-1-3Inquiry, investigation, hearing, review; delegation of function; powers

     Sec. 3. (a) Whenever the parole board is conducting an inquiry, investigation, hearing, or review, that function may be delegated to one (1) or more members of the parole board.

     (b) If one (1) or more member acts on behalf of the board that member or employee may exercise all the powers of the parole board except the power to render a final decision as to any matter. The members shall instead, upon completion of the inquiry, investigation, hearing, or review, file with the board the complete record of the proceedings together with his findings, conclusions, and recommended decision. The board shall, based upon the record and the findings, conclusions, and recommendations, render a final decision.

As added by Acts 1979, P.L.120, SEC.2.

 

IC 11-9-1-4Continuation of rules adopted and in effect on October 1, 1980

     Sec. 4. All rules adopted by the parole board and in effect on October 1, 1980, continue in effect until altered by the parole board, according to IC 4-22-2, under rule-making authority given by IC 11-9.

As added by Acts 1979, P.L.120, SEC.2.

 

IC 11-9-2Chapter 2. Commutations, Pardons, Reprieves, and Remissions
           11-9-2-1Application
           11-9-2-2Recommendation of parole board to governor; notice to victim or next of kin of victim
           11-9-2-3Constitutional power of governor
           11-9-2-4Conditional pardon; removal of disabilities applicable to holding handgun permit or license

 

IC 11-9-2-1Application

     Sec. 1. An application to the governor for commutation of sentence, pardon, reprieve, or remission of fine or forfeiture shall be filed with the parole board. The application must be in writing and signed by the person seeking gubernatorial relief or by a person on his behalf. The board may require the applicant to furnish information, on forms provided by the parole board, that it considers necessary to conduct a proper inquiry and hearing regarding the application.

As added by Acts 1979, P.L.120, SEC.2.

 

IC 11-9-2-2Recommendation of parole board to governor; notice to victim or next of kin of victim

     Sec. 2. (a) As used in this section, "victim" means a person who has suffered direct harm as a result of a violent crime (as defined in IC 5-2-6.1-8).

     (b) The parole board shall submit to the governor its recommendation regarding an application for commutation of sentence, pardon, reprieve, or remission of fine or forfeiture. Before submitting its recommendation, the parole board shall do all of the following:

(1) Notify:

(A) the sentencing court;

(B) the victim of the crime for which the person was convicted (or the next of kin of the victim if the victim is deceased or incompetent for any reason), unless the victim has made a written request not to be notified; and

(C) the prosecuting attorney of the county where the conviction was obtained.

(2) Conduct an investigation, which must include the collection of records, reports, and other information relevant to consideration of the application.

(3) Conduct a hearing where the petitioner and other interested persons are given an opportunity to appear and present information regarding the application. The hearing may be conducted in an informal manner without regard to formal rules of evidence.

     (c) The notice to a victim or the next of kin of a victim that is sent under subsection (b)(1) must comply with the requirements for notices to victims that are established under IC 11-13-3-3.

As added by Acts 1979, P.L.120, SEC.2. Amended by P.L.126-1985, SEC.1; P.L.134-1993, SEC.1; P.L.1-1994, SEC.42.

 

IC 11-9-2-3Constitutional power of governor

     Sec. 3. This chapter does not limit the constitutional power of the governor to grant pardons, reprieves, commutations, or remissions of fines and forfeitures.

As added by Acts 1979, P.L.120, SEC.2.

 

IC 11-9-2-4Conditional pardon; removal of disabilities applicable to holding handgun permit or license

     Sec. 4. The governor may issue a pardon that conditions the removal of all disabilities applicable to holding a handgun permit or other license issued under IC 35-47-2 upon a determination by the superintendent of state police that circumstances have changed to such an extent since the pardoned conviction was entered that the applicant for the permit or license is likely to handle handguns in compliance with the law.

As added by P.L.148-1987, SEC.1.

 

IC 11-10ARTICLE 10. CORRECTIONAL SERVICES AND PROGRAMS
           Ch. 1.Evaluation, Classification, and Assignment of Criminal Offenders
           Ch. 2.Commitment, Evaluation, and Assignment of Delinquent Offenders
           Ch. 3.Medical Care
           Ch. 4.Care and Treatment of Mentally Ill Offenders
           Ch. 5.Academic and Vocational Education
           Ch. 6.General Provisions Concerning Offender Employment
           Ch. 7.Private Employers and Offender Earnings
           Ch. 8.Minimum Security Release Program for Criminal Offenders and Offender Earnings
           Ch. 9.Temporary Leave─Criminal Offenders
           Ch. 10.Temporary Release─Delinquent Offenders
           Ch. 11.Recreation and Community Involvement in Correctional Programs
           Ch. 11.5.Assignment to Community Transition Program
           Ch. 12.Release Procedures
           Ch. 13.Costs of Incarceration
           Ch. 14.Transitional Dormitories
           Ch. 15.Offender Reentry Administrative Account
           Ch. 16.Specialized Vocational Program

 

IC 11-10-1Chapter 1. Evaluation, Classification, and Assignment of Criminal Offenders
           11-10-1-1Application of chapter
           11-10-1-2Evaluation; information to consider; use of reports or other information; previous evaluations and information; citizenship and immigration status; provide requested information
           11-10-1-3Security classification of offender; determination; assignment to facility or program
           11-10-1-4Court order for evaluation, classification, and determination of proposed assignment
           11-10-1-5Evaluation and classification of offender by local governmental unit or other public or private agency
           11-10-1-6Annual review of committed offender of current classification assignment; decision
           11-10-1-7Involuntary segregation of offender; review; disciplinary segregation

 

IC 11-10-1-1Application of chapter

     Sec. 1. This chapter applies only to criminal offenders.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-1-2Evaluation; information to consider; use of reports or other information; previous evaluations and information; citizenship and immigration status; provide requested information

     Sec. 2. (a) A committed criminal offender shall, within a reasonable time, be evaluated regarding:

(1) the offender's medical, psychological, educational, vocational, economic and social condition, and history;

(2) the circumstances surrounding the offender's present commitment;

(3) the offender's history of criminality;

(4) the citizenship or immigration status of the offender by making a reasonable effort to verify the offender's citizenship or immigration status with the United States Department of Homeland Security under 8 U.S.C. 1373(c); and

(5) any additional relevant matters.

     (b) In making the evaluation prescribed in subsection (a), the department may utilize any presentence report, any presentence memorandum filed by the offender, any reports of any presentence physical or mental examination, the record of the sentencing hearing, or other information forwarded by the sentencing court or other agency, if that information meets the department's minimum standards for criminal offender evaluation.

     (c) If an offender has undergone, within two (2) years before the date of the offender's commitment, a previous departmental evaluation under this section, the department may rely on the previous evaluation and the information used at that time. However, this subsection does not deprive an offender of the right to a medical and dental examination under IC 11-10-3.

     (d) If the department is unable to verify the citizenship or immigration status of a committed criminal offender, the department shall notify the United States Department of Homeland Security that the citizenship or immigration status of the offender could not be verified. The department shall provide the United States Department of Homeland Security with any information regarding the committed criminal offender that:

(1) is requested by the United States Department of Homeland Security; and

(2) is in the department's possession or the department is able to obtain.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.171-2011, SEC.8.

 

IC 11-10-1-3Security classification of offender; determination; assignment to facility or program

     Sec. 3. (a) Upon completion of the evaluation prescribed in section 2 of this chapter and before assigning him to a facility or program, the department shall determine the appropriate degree of security (maximum, medium, or minimum) for each offender as described in IC 35-38-3-6. In making that determination the department shall, in addition to other relevant information, consider:

(1) the results of the evaluation prescribed in section 2 of this chapter;

(2) the recommendations of the sentencing court; and

(3) the degree and kind of custodial control necessary for the protection of the public, staff, other confined persons, and the individual being considered.

     (b) After determining the offender's security classification, the department shall assign him to a facility or program; make an initial employment, education, training, or other assignment within that facility or program; and order medical, psychiatric, psychological, or other services. In making the assignment, the department shall, in addition to other relevant information, consider:

(1) the results of the evaluation prescribed in section 2 of this chapter;

(2) the offender's security classification;

(3) the offender's need for special therapy or programs, including employment, education, or training available only in specific facilities or programs;

(4) the likelihood of the offender's reintegration into the community in which the facility or program is located;

(5) the desirability of keeping the offender in a facility or program near the area in which he resided before commitment;

(6) the desires of the offender;

(7) the current population levels of the facilities or programs considered appropriate for the offender; and

(8) the length of the offender's sentence.

     (c) If the department determines that a committed offender is mentally or physically incapacitated to such an extent that proper custody, care, and control cannot be provided by the department, it shall make arrangements for placement outside the department.

     (d) Before assigning an offender to a facility or program, the department shall give him an opportunity to present pertinent information; discuss with him all aspects of the evaluation, classification, and assignment process; and work with him to determine a fair and appropriate assignment.

     (e) If an offender is sentenced to a term of imprisonment of one (1) year or less, the department may make an assignment under this section without making the evaluation prescribed in section 2 of this chapter. In determining the length of an offender's term, consecutive terms of imprisonment shall be added together.

     (f) This section does not prohibit the temporary assignment of an offender pending evaluation and classification.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.5-1988, SEC.60.

 

IC 11-10-1-4Court order for evaluation, classification, and determination of proposed assignment

     Sec. 4. Unless notified by the department that adequate space is unavailable, a court may order an offender who is to be sentenced by it and is subject to commitment to the department to be temporarily committed to the department, for not more than thirty (30) days, for evaluation, classification, and determination of proposed assignment under sections 2 and 3 of this chapter. The department shall forward to the court its written findings and recommendations.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-1-5Evaluation and classification of offender by local governmental unit or other public or private agency

     Sec. 5. This chapter does not preclude a local governmental unit or other public or private agency from evaluating or classifying an offender, before commitment to the department, as prescribed by sections 2 and 3 of this chapter, if those services are approved by the commissioner as a substitute for departmental services.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-1-6Annual review of committed offender of current classification assignment; decision

     Sec. 6. The department shall, at least annually, review, in accord with sections 2 and 3 of this chapter, every committed offender not on parole to determine the appropriateness of his current classification and assignment and to make a classification-assignment decision based upon that review. Before making a classification-assignment decision the department shall interview the offender, discuss with him the information on which the decision will be based, and allow him to challenge that information and present pertinent information of his own. The department shall promptly notify the offender, in writing, of his classification-assignment decision and the reasons for it.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-1-7Involuntary segregation of offender; review; disciplinary segregation

     Sec. 7. (a) An offender may be involuntarily segregated from the general population of a facility or program if the department first finds that segregation is necessary for the offender's own physical safety or the physical safety of others.

     (b) The department shall review an offender so segregated at least once every thirty (30) days to determine whether the reason for segregation still exists.

     (c) This section does not apply to disciplinary segregation under IC 11-11-5.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-2Chapter 2. Commitment, Evaluation, and Assignment of Delinquent Offenders
           11-10-2-0.3Property tax levies to reimbursement of department for keeping delinquent offenders; transfer of costs to state; transitional matters
           11-10-2-1Application of chapter
           11-10-2-2Commitment or award of guardianship; governing facts
           11-10-2-3Repealed
           11-10-2-4Evaluation; information to consider; utilization of reports or other information; previous evaluations and information
           11-10-2-5Assignment to facility or program
           11-10-2-6Court order for evaluation and determination of proposed assignment
           11-10-2-7Evaluation of offender by local governmental unit or other public or private agency
           11-10-2-8Semiannual review of current assignment of committed offender; decision
           11-10-2-9Involuntary segregation of offender; review; disciplinary segregation
           11-10-2-10Transfer to adult facility or program; requirements; custody
           11-10-2-11Division of youth services transitional fund

 

IC 11-10-2-0.3Property tax levies to reimbursement of department for keeping delinquent offenders; transfer of costs to state; transitional matters

     Sec. 0.3. (a) A county may not impose a property tax levy after December 31, 2008, for the county general fund to the extent that the levy is for the reimbursement of the department of correction under IC 11-10-2-3 (before its repeal by P.L.146-2008) or a related provision for the costs of keeping delinquent offenders.

     (b) The obligation to pay the costs of keeping delinquent offenders (as defined in IC 11-8-1-9), to the extent that the costs are for services delivered after December 31, 2008, is transferred from the counties to the state. The obligation transferred includes the costs of using after December 31, 2008, an institution or a facility in Indiana for providing educational services that, before January 1, 2009, were chargeable to a county family and children's fund, a county office, or a county under IC 20-26-11-12, IC 20-26-11-13, or IC 20-33-2-29.

     (c) The following definitions apply throughout this subsection:

(1) "Account" means an obligation of a county under IC 11-10-2-3 (before its repeal by P.L.146-2008) or another law to reimburse the state, including the department of correction, for the cost of keeping a delinquent offender before January 1, 2009.

(2) "Delinquent account" means an account that has not been paid to the state before six (6) months after the account is forwarded under this section or IC 4-24-7-4 (before its amendment by P.L.146-2008).

All accounts accruing before January 1, 2009, and not previously forwarded to a county auditor, and any reconciliations for any period before January 1, 2009, shall be forwarded to the county auditor before March 16, 2009. Upon receipt of an account, the county auditor shall draw a warrant on the treasurer of the county for the payment of the account, which shall be paid from the funds of the county that were appropriated for the payment. The county council of each county shall appropriate sufficient funds to pay these accounts.

     (d) A county and the department of correction may enter into agreements to resolve any issues arising under P.L.146-2008 concerning payments to vendors, payments to the county, payments to the state (including payments due for commitments before January 1, 2009), collection of amounts due to a county or the state from a parent, guardian, or custodian, and other matters affected by P.L.146-2008. Notwithstanding P.L.146-2008, the agreement, if approved by the governor and the county fiscal body, governs the responsibilities of the state and the county.

     (e) This section applies notwithstanding any other law.

As added by P.L.220-2011, SEC.246.

 

IC 11-10-2-1Application of chapter

     Sec. 1. This chapter applies only to delinquent offenders.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-2-2Commitment or award of guardianship; governing facts

     Sec. 2. Except as provided by section 6 of this chapter, the commitment or award of guardianship of a delinquent offender to the department is governed by the following:

(1) All commitments are to the department as opposed to a specific facility. The department shall determine the facility or program assignment. The initial conveyance of an offender must be to a place designated by the department.

(2) No offender under twelve (12) years of age or eighteen (18) years of age or older may be committed to the department.

(3) No offender known to be pregnant may be committed to the department.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-2-3Repealed

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.246-2005, SEC.95. Repealed by P.L.146-2008, SEC.808.

 

IC 11-10-2-4Evaluation; information to consider; utilization of reports or other information; previous evaluations and information

     Sec. 4. (a) A committed offender shall, within a reasonable time, be evaluated regarding:

(1) his medical, psychological, educational, vocational, economic and social condition, and history;

(2) the circumstances surrounding his present commitment;

(3) his history of delinquency; and

(4) any additional relevant matters.

     (b) In making the evaluation prescribed in subsection (a), the department may utilize reports of any precommitment physical or mental examination or other information or records forwarded by the committing court or other agency, if that information meets the department's minimum standards for delinquent offender evaluation.

     (c) If a committed offender has undergone, within one (1) year before the date of his commitment, a previous departmental evaluation under this section, the department may rely on the previous evaluation and the information used at that time. However, this subsection does not deprive an offender of the right to a medical and dental examination under IC 11-10-3.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-2-5Assignment to facility or program

     Sec. 5. (a) Upon completion of the evaluation prescribed in section 4 of this chapter, the department shall assign the offender to a facility or program; make an initial education, training, employment, or other assignment within that facility or program; and order medical, psychiatric, psychological, or other services it considers appropriate. In making the assignment, the department shall, among other relevant information, consider:

(1) the results of the evaluation prescribed in section 4 of this chapter;

(2) the recommendations of the committing court;

(3) the offender's need for special therapy or programs, including education, training, or employment available only in specific facilities or programs;

(4) the degree and type of custodial control necessary for the protection of the public, staff, other committed offenders, and the individual being considered;

(5) the likelihood of the offender's reintegration into the community in which the facility or program is located;

(6) the desirability of keeping the offender in a facility or program near the area in which he resided before commitment;

(7) the desires of the offender and his parents, guardian, or custodian;

(8) the current population levels of the facilities or programs considered appropriate for the offender; and

(9) the probable length of commitment.

     (b) If the department determines that a committed offender is mentally or physically incapacitated to such an extent that proper custody, care, and control cannot be provided by the department, it shall make arrangements for placement outside the department.

     (c) If an offender is found to be pregnant, the department may return her to the committing court for further disposition.

     (d) Before assigning an offender to a facility or program, the department shall give him an opportunity to present pertinent information, discuss with him all aspects of the evaluation and assignment process, and work with him to determine a fair and appropriate assignment.

     (e) The department shall, by certified mail, return receipt requested, notify the parent, guardian, custodian, or nearest relative of any committed offender of his physical location and any change in that location.

     (f) This section does not preclude the temporary assignment of an offender pending evaluation.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-2-6Court order for evaluation and determination of proposed assignment

     Sec. 6. A juvenile court may order a juvenile offender who is before the court for disposition and is subject to commitment to the department to be temporarily committed to the department, for not more than fourteen (14) days (excluding Saturdays, Sundays, and legal holidays) for evaluation and determination of proposed assignment under sections 4 and 5 of this chapter. The department shall forward to the court its written findings and recommendations.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-2-7Evaluation of offender by local governmental unit or other public or private agency

     Sec. 7. This chapter does not preclude a local governmental unit or other public or private agency from evaluating an offender, before commitment to the department, as prescribed by sections 4 and 5 of this chapter, if that service is approved by the commissioner as a substitute for departmental services.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-2-8Semiannual review of current assignment of committed offender; decision

     Sec. 8. The department shall, at least semiannually, review in accord with sections 4 and 5 of this chapter every committed offender who is not on parole to determine the appropriateness of his current assignment and to make an assignment decision based upon that review. Before making an assignment decision, the department shall interview the offender, discuss with him the information on which the decision will be based, and allow him to challenge that information and present pertinent information of his own. The department shall promptly notify the offender, in writing, of its assignment decision and the reasons for it.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-2-9Involuntary segregation of offender; review; disciplinary segregation

     Sec. 9. (a) An offender may be involuntarily segregated from the general population of a facility or program if the department first finds that segregation is necessary for the offender's own physical safety or the physical safety of others.

     (b) The department shall review an offender so segregated at least once every thirty (30) days to determine whether the reason for segregation still exists.

     (c) This section does not apply to disciplinary segregation under IC 11-11-5.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-2-10Transfer to adult facility or program; requirements; custody

     Sec. 10. (a) The commissioner may transfer a committed delinquent offender to an adult facility or program according to the following requirements:

(1) The offender must be seventeen (17) years of age or older at the time of transfer.

(2) The department must determine that:

(A) either the offender is incorrigible to the degree that his presence at a facility or program for delinquent offenders is seriously detrimental to the welfare of other offenders, or the transfer is necessary for the offender's own physical safety or the physical safety of others; and

(B) there is no other action reasonably available to alleviate the problem.

(3) No offender may be transferred to the Indiana state prison or the Pendleton Correctional Facility.

     (b) The offender is under the full custody of the adult facility or program to which he is transferred until he is returned to a facility or program for delinquent offenders, except that his parole or discharge from the department shall be determined under IC 11-13-6.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.12-1996, SEC.9.

 

IC 11-10-2-11Division of youth services transitional fund

     Sec. 11. (a) The division of youth services transitional services fund is established for the purposes described in subsection (e). The department shall administer the fund.

     (b) The fund consists of money collected under IC 31-40-1-3.5.

     (c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.

     (d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

     (e) Money in the fund is for the purposes of:

(1) augmenting and supplementing the funds appropriated to the department of correction to provide juvenile transitional services to delinquent offenders; and

(2) paying collection costs incurred under IC 31-40-1-3.5.

As added by P.L.204-2011, SEC.1.

 

IC 11-10-3Chapter 3. Medical Care
           11-10-3-1Definitions
           11-10-3-2Examination for communicable diseases and conditions on commitment; medical and dental examination; care committed person entitled to; prohibited acts
           11-10-3-2.5Offender blood testing; confidentiality; reporting requirements
           11-10-3-3Prenatal and postnatal care, treatment
           11-10-3-4Directives; inspections of health facilities and hospitals; definition; unused medications and supplies
           11-10-3-5Copayment requirements; exceptions
           11-10-3-6Payment of medical expenses of person committed to department
           11-10-3-7Determination on coverage of insurance for medical care expenses; department as Medicaid authorized representative; memorandum of understanding; reimbursement for medical care

 

IC 11-10-3-1Definitions

     Sec. 1. As used in this chapter:

     "Physician" means an individual holding a license to practice medicine in Indiana, issued by the medical licensing board of Indiana, or a medical officer of the United States government who is in Indiana performing his official duties.

     "Psychiatrist" means a physician who is certified or board qualified by the American Board of Psychiatry and Neurology, or a board with equivalent standards approved by the American Osteopathic Association.

     "Psychologist" means an individual holding a valid certificate to practice psychology in Indiana, issued by the state psychology board.

     "Qualified medical personnel" means individuals engaged in the delivery of a medical or health care service who have been licensed, certified, or otherwise properly qualified under the laws of Indiana applicable to that particular service.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.149-1987, SEC.1.

 

IC 11-10-3-2Examination for communicable diseases and conditions on commitment; medical and dental examination; care committed person entitled to; prohibited acts

     Sec. 2. (a) An individual committed to the department shall be immediately examined for communicable diseases and conditions by qualified medical personnel under the direct supervision of a physician. New admittees shall be segregated from the general population of a facility or program to the extent required by acceptable medical practice and standards until this examination is completed.

     (b) Within fourteen (14) days after commitment to the department, an individual shall be given the opportunity to receive a thorough medical and dental examination conducted according to acceptable medical practices and standards. All subsequent routine medical or dental examinations shall be scheduled by direction of a physician or dentist.

     (c) A confined person is entitled to:

(1) medical care, medical personnel, and medical facilities of a quality complying with applicable state licensing requirements;

(2) first aid or emergency medical treatment on a twenty-four (24) hour basis; and

(3) mental health care by a psychiatrist, a psychologist, or another mental health professional.

     (d) A committed person may not prescribe, dispense, or administer drugs or medication.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.135-1993, SEC.1.

 

IC 11-10-3-2.5Offender blood testing; confidentiality; reporting requirements

     Sec. 2.5. (a) As used in this section, "confirmatory test" means a laboratory test or a series of tests approved by the state department of health and used in conjunction with a screening test to confirm or refute the results of the screening test for the human immunodeficiency virus (HIV) antigen or antibodies to the human immunodeficiency virus (HIV).

     (b) As used in this section, "screening test" means a laboratory screening test or a series of tests approved by the state department of health to determine the possible presence of the human immunodeficiency virus (HIV) antigen or antibodies to the human immunodeficiency virus (HIV).

     (c) For an individual who is committed to the department after June 30, 2001, the examination required under section 2(a) of this chapter must include the following:

(1) A blood test for hepatitis C.

(2) A screening test for the human immunodeficiency virus (HIV) antigen or antibodies to the human immunodeficiency virus (HIV).

     (d) If the screening test required under subsection (c)(2) indicates the presence of antibodies to the human immunodeficiency virus (HIV), the department shall administer a confirmatory test to the individual.

     (e) The department may require an individual who:

(1) was committed to the department before July 1, 2001; and

(2) is in the custody of the department after June 30, 2001;

to undergo the tests required by subsection (c) and, if applicable, subsection (d).

     (f) Except as otherwise provided by state or federal law, the results of a test administered under this section are confidential.

     (g) The department shall, beginning September 1, 2002, file an annual report in an electronic format under IC 5-14-6 with the executive director of the legislative services agency containing statistical information on the number of individuals tested and the number of positive test results determined under this section.

As added by P.L.293-2001, SEC.1. Amended by P.L.28-2004, SEC.83.

 

IC 11-10-3-3Prenatal and postnatal care, treatment

     Sec. 3. Necessary prenatal and postnatal care and treatment shall be provided consistent with acceptable medical practice and standards. When possible, arrangements shall be made for children to be born in a hospital outside the correctional facility. If a child is born in a correctional facility, this fact may not be mentioned on the birth certificate.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-3-4Directives; inspections of health facilities and hospitals; definition; unused medications and supplies

     Sec. 4. (a) The department shall establish directives governing:

(1) medical care to be provided to committed individuals, including treatment for intellectual disabilities, alcoholism, and drug addiction;

(2) administration of medical facilities and health centers operated by the department;

(3) medical equipment, supplies, and devices to be available for medical care;

(4) provision of special diets to committed individuals;

(5) acquisition, storage, handling, distribution, and dispensing of all medication and drugs;

(6) the return of unused medications that meet the requirements of IC 25-26-13-25(k)(1) through IC 25-26-13-25(k)(6) to the pharmacy that dispensed the medication;

(7) training programs and first aid emergency care for committed individuals and department personnel;

(8) medical records of committed individuals; and

(9) professional staffing requirements for medical care.

     (b) The state department of health shall make an annual inspection of every health facility, health center, or hospital:

(1) operated by the department; and

(2) not accredited by a nationally recognized accrediting organization;

and report to the commissioner whether that facility, center, or hospital meets the requirements established by the state department of health. Any noncompliance with those requirements must be stated in writing to the commissioner, with a copy to the governor.

     (c) For purposes of IC 4-22-2, the term "directive" as used in this section relates solely to internal policy and procedure not having the force of law.

     (d) For purposes of subsection (a)(6), the department:

(1) shall return medication that belonged to a Medicaid recipient; and

(2) may return other unused medication;

to the pharmacy that dispensed the medication if the unused medication meets the requirements of IC 25-26-13-25(k)(1) through IC 25-26-13-25(k)(6).

     (e) The department may establish directives concerning the return of unused medical devices or medical supplies that are used for prescription drug therapy and that meet the requirements of IC 25-26-13-25(l).

     (f) A pharmacist or pharmacy that enters into an agreement with the department to accept the return of:

(1) unused medications that meet the requirements of IC 25-26-13-25(k)(1) through IC 25-26-13-25(k)(6); or

(2) unused medical devices or medical supplies that are used for prescription drug therapy and that meet the requirements of IC 25-26-13-25(l);

may negotiate with the department a fee for processing the returns.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.2-1992, SEC.102; P.L.174-2011, SEC.1; P.L.156-2011, SEC.4; P.L.159-2012, SEC.1; P.L.117-2015, SEC.6.

 

IC 11-10-3-5Copayment requirements; exceptions

     Sec. 5. (a) This section does not apply to a person committed to the department who:

(1) maintains a policy of insurance from a private company covering:

(A) medical care;

(B) dental care;

(C) eye care; or

(D) any other health care related service; or

(2) is willing to pay for the person's own medical care.

     (b) Except as provided in subsection (c), a person committed to the department may be required to make a copayment in an amount of not more than ten dollars ($10) for each provision of any of the following services:

(1) Medical care.

(2) Dental care.

(3) Eye care.

(4) Any other health care related service.

     (c) A person committed to the department is not required to make the copayment under subsection (b) if:

(1) the person does not have funds in the person's commissary account or trust account at the time the service is provided;

(2) the person does not have funds in the person's commissary account or trust account within thirty (30) days after the service is provided;

(3) the service is provided in an emergency;

(4) the service is provided as a result of an injury received in the correctional facility; or

(5) the service is provided at the request of the administrator of the correctional facility.

     (d) Money collected under this section must be used to reimburse the department whenever a person makes a copayment as a result of health care related services provided during the person's confinement in a correctional facility.

     (e) The department shall adopt rules under IC 4-22-2 to implement this section.

As added by P.L.143-1995, SEC.1.

 

IC 11-10-3-6Payment of medical expenses of person committed to department

     Sec. 6. (a) This section:

(1) does not apply in the case of a person who is subject to lawful detention by a county sheriff and is:

(A) covered under private health coverage for health care services; or

(B) willing to pay for the person's own health care services;

(2) does not apply to an inmate receiving inpatient services under section 7 of this chapter; and

(3) does not affect copayments required under section 5 of this chapter.

     (b) The following definitions apply throughout this section:

(1) "Charge description master" means a listing of the amount charged by a hospital for each service, item, and procedure:

(A) provided by the hospital; and

(B) for which a separate charge exists.

(2) "Health care service" means the following:

(A) Medical care.

(B) Dental care.

(C) Eye care.

(D) Any other health care related service.

The term includes health care items and procedures.

     (c) Except as provided in subsection (d), when the department or a county is responsible for payment for health care services provided to a person who is committed to the department, the department shall reimburse:

(1) a physician licensed under IC 25-22.5;

(2) a hospital licensed under IC 16-21-2; or

(3) another health care provider;

for the cost of a health care service at the federal Medicare reimbursement rate for the health care service provided plus four percent (4%).

     (d) If there is no federal Medicare reimbursement rate for a health care service described in subsection (c), the department shall do the following:

(1) If the health care service is provided by a hospital, the department shall reimburse the hospital an amount equal to sixty-five percent (65%) of the amount charged by the hospital according to the hospital's charge description master.

(2) If the health care service is provided by a physician or another health care provider, the department shall reimburse the physician or health care provider an amount equal to sixty-five percent (65%) of the amount charged by the physician or health care provider.

As added by P.L.229-2011, SEC.102. Amended by P.L.205-2013, SEC.169; P.L.185-2015, SEC.1.

 

IC 11-10-3-7Determination on coverage of insurance for medical care expenses; department as Medicaid authorized representative; memorandum of understanding; reimbursement for medical care

     Sec. 7. (a) If the department or a county incurs medical care expenses in providing medical care to an inmate who is committed to the department and the medical care expenses are not reimbursed, the department or the county shall attempt to determine the amount, if any, of the medical care expenses that may be paid:

(1) by a policy of insurance that is maintained by the inmate and that covers medical care, dental care, eye care, or any other health care related service; or

(2) by Medicaid.

     (b) For an inmate who:

(1) is committed to the department and resides in a department facility or jail;

(2) incurs or will incur medical care expenses that are not otherwise reimbursable;

(3) is unwilling or unable to pay for the inmate's own health care services; and

(4) is potentially eligible for Medicaid (IC 12-15);

the department is the inmate's Medicaid authorized representative and may apply for Medicaid on behalf of the inmate.

     (c) The department and the office of the secretary of family and social services shall enter into a written memorandum of understanding providing that the department shall reimburse the office of the secretary for administrative costs and the state share of the Medicaid costs incurred for an inmate.

     (d) Reimbursement under this section for reimbursable health care services provided by a health care provider, including a hospital, to an inmate as an inpatient in a hospital must be as follows:

(1) For inmates eligible and participating in the healthy Indiana plan (IC 12-15-44.5), the reimbursement rates described in IC 12-15-44.5-5.

(2) For inmates other than those described in subdivision (1) who are eligible under the Medicaid program, the reimbursement rates provided under the Medicaid program, except that reimbursement for inpatient hospital services shall be reimbursed at rates equal to the fee-for-service rates described in IC 16-21-10-8(a)(1).

Hospital assessment fee funds collected under IC 16-21-10 or the healthy Indiana plan trust fund (IC 12-15-44.2-17) may not be used as the state share of Medicaid costs for the reimbursement of health care services provided to the inmate as an inpatient in the hospital.

As added by P.L.205-2013, SEC.170. Amended by P.L.185-2015, SEC.2; P.L.30-2016, SEC.1.

 

IC 11-10-4Chapter 4. Care and Treatment of Mentally Ill Offenders
           11-10-4-1Definitions
           11-10-4-2Providing care and treatment
           11-10-4-3Involuntary transfers to division of mental health and addiction or to mental health facility
           11-10-4-4Voluntary transfers to division of mental health and addiction or mental health facility
           11-10-4-5Transfer not to extend offender's term of imprisonment or confinement; commitment proceedings
           11-10-4-6Administration of drug for controlling mental or emotional disorder; requirements
           11-10-4-6.6Repealed
           11-10-4-7Rules
           11-10-4-8Notification to division of mental health and addiction of commitment of offender; copy of evaluation
           11-10-4-9Transfer of mental health and health records

 

IC 11-10-4-1Definitions

     Sec. 1. (a) As used in this chapter, the terms used in IC 12-26 have the meanings set forth in IC 12-7-2.

     (b) As used in this chapter, "qualified medical personnel" has the meaning set out in IC 11-10-3-1.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.2-1992, SEC.103.

 

IC 11-10-4-2Providing care and treatment

     Sec. 2. The department shall provide for the care and treatment of every confined offender who is determined to be mentally ill by a psychiatrist employed or retained by the department. To provide that care and treatment, the department may:

(1) establish and operate its own mental health facilities and programs;

(2) transfer offenders to the division of mental health and addiction, subject to the approval of the director of the division of mental health and addiction; or

(3) contract with any city, county, state, or federal authority or with other public or private organizations for the provision of care and treatment.

As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1980, P.L.87, SEC.1; P.L.2-1992, SEC.104; P.L.135-1993, SEC.2; P.L.215-2001, SEC.19.

 

IC 11-10-4-3Involuntary transfers to division of mental health and addiction or to mental health facility

     Sec. 3. (a) A committed offender may be involuntarily transferred to the division of mental health and addiction or to a mental health facility only if:

(1) the offender has been examined by a psychiatrist employed or retained by the department and the psychiatrist reports to the department in writing that, in the psychiatrist's opinion, the offender has a mental illness and is in need of care and treatment by the division of mental health and addiction or in a mental health facility;

(2) the director of mental health approves of the transfer if the offender is to be transferred to the division of mental health and addiction; and

(3) the department affords the offender a hearing to determine the need for the transfer, which hearing must comply with the following minimum standards:

(A) The offender shall be given at least ten (10) days advance written and verbal notice of the date, time, and place of the hearing and the reason for the contemplated transfer. This notice must advise the offender of the rights enumerated in clauses (C) and (D). Notice must also be given to one (1) of the following:

(i) The offender's spouse.

(ii) The offender's parent.

(iii) The offender's attorney.

(iv) The offender's guardian.

(v) The offender's custodian.

(vi) The offender's relative.

(B) A copy of the psychiatrist's report must be given to the offender not later than at the time notice of the hearing is given.

(C) The offender is entitled to appear in person, speak in the offender's own behalf, call witnesses, present documentary evidence, and confront and cross-examine witnesses.

(D) The offender is entitled to be represented by counsel or other representative.

(E) The offender must be given a written statement of the findings of fact, the evidence relied upon, and the reasons for the action taken.

(F) A finding that the offender is in need of mental health care and treatment in the division of mental health and addiction or a mental health facility must be based upon clear and convincing evidence.

     (b) If the official in charge of the facility or program to which the offender is assigned determines that emergency care and treatment in the division of mental health and addiction or a mental health facility is necessary to control a mentally ill offender who is either gravely disabled or dangerous, that offender may be involuntarily transferred, subject to the approval of the director of the division of mental health and addiction, before holding the hearing described in subsection (a)(3). However, this subsection does not deprive the offender of the offender's right to a hearing.

     (c) The official in charge of the division of mental health and addiction or facility to which an offender is transferred under this section must give the offender a semiannual written report, based on a psychiatrist's examination, concerning the offender's mental condition and the need for continued care and treatment in the division of mental health and addiction or facility. If the report states that the offender is still in need of care and treatment in the division of mental health and addiction or a mental health facility, the division of mental health and addiction or facility shall, upon request of the offender or a representative in the offender's behalf, conduct a hearing to review the need for that continued care and treatment. The hearing must comply with the minimum standards established by subsection (a)(3). The division of mental health and addiction or facility to which the offender is transferred under this section may conduct a hearing under this subsection upon its initiative.

     (d) If the division of mental health and addiction or facility to which an offender is transferred under this section determines that the offender no longer needs care and treatment in the division of mental health and addiction or facility, the division of mental health and addiction or facility shall return the offender to the custody of the department of correction, and the department of correction shall reassign the offender to another facility or program.

     (e) After an offender has been involuntarily transferred to and accepted by the division of mental health and addiction, the department shall transmit any information required by the division of state court administration for transmission to the NICS (as defined in IC 35-47-2.5-2.5) in accordance with IC 33-24-6-3.

As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1980, P.L.87, SEC.2; P.L.2-1992, SEC.105; P.L.215-2001, SEC.20; P.L.99-2007, SEC.39; P.L.110-2009, SEC.6.

 

IC 11-10-4-4Voluntary transfers to division of mental health and addiction or mental health facility

     Sec. 4. (a) An offender who believes the offender to have a mental illness and to be in need of care and treatment in the division of mental health and addiction or a mental health facility shall, at the offender's request for transfer, be examined by a psychiatrist employed or retained by the department of correction, who shall report the psychiatrist's findings to the department of correction. If the report states that the offender has a mental illness and is in need of care and treatment in the division of mental health and addiction or a mental health facility, the department of correction shall transfer the offender to the division of mental health and addiction, subject to the approval of the director of the division of mental health and addiction, or to a mental health facility. If the department of correction intends to transfer an offender to the division of mental health and addiction, the department of correction shall transmit a copy of the psychiatrist's report to the division of mental health and addiction.

     (b) Section 3(c) and 3(d) of this chapter apply to transfers under this section.

As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1980, P.L.87, SEC.3; P.L.2-1992, SEC.106; P.L.215-2001, SEC.21; P.L.99-2007, SEC.40.

 

IC 11-10-4-5Transfer not to extend offender's term of imprisonment or confinement; commitment proceedings

     Sec. 5. A transfer under this chapter does not extend an offender's term of imprisonment or commitment. However, if it is determined that an offender transferred under this chapter will be in need of mental health care and treatment after the offender's term of imprisonment or commitment ends, the division of mental health and addiction or facility to which the offender was transferred may institute commitment proceedings under IC 12-26.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.2-1992, SEC.107; P.L.215-2001, SEC.22.

 

IC 11-10-4-6Administration of drug for controlling mental or emotional disorder; requirements

     Sec. 6. The administration of a drug by the department for the purpose of controlling a mental or emotional disorder is subject to the following requirements:

(1) The particular drug must be prescribed by a physician who has examined the offender.

(2) The drug must be administered by either a physician or qualified medical personnel under the direct supervision of a physician.

(3) The offender must be periodically observed, during the duration of the drug's effect, by qualified medical personnel.

(4) A drug may be administered for a period longer than seventy-two (72) hours only if the administration is part of a psychotherapeutic program of treatment prescribed and detailed in writing by a physician.

(5) A drug may be administered for the purpose of controlling substance abuse, including a federal Food and Drug Administration approved long acting, nonaddictive medication for the treatment of opioid or alcohol dependence.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.187-2015, SEC.2; P.L.209-2015, SEC.2.

 

IC 11-10-4-6.6Repealed

As added by P.L.170-2009, SEC.1. Amended by P.L.143-2011, SEC.2. Repealed by P.L.133-2012, SEC.66.

 

IC 11-10-4-7Rules

     Sec. 7. The department may adopt, under IC 4-22-2, rules to implement this chapter.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-4-8Notification to division of mental health and addiction of commitment of offender; copy of evaluation

     Sec. 8. Whenever an offender sentenced under IC 35-36-2-5 is committed to the department of correction, the department of correction shall immediately inform the division of mental health and addiction of the commitment and provide the division of mental health and addiction with a copy of the evaluation made by the department of correction under IC 11-10-1-2.

As added by P.L.127-1985, SEC.1. Amended by P.L.2-1992, SEC.108; P.L.215-2001, SEC.23.

 

IC 11-10-4-9Transfer of mental health and health records

     Sec. 9. (a) As used in this section, "mental health record" has the meaning set forth in IC 16-18-2-226.

     (b) Subject to the conditions described in subsection (e), a psychiatrist or behavioral health care provider may, with or without the offender's consent, provide a copy of an offender's health and mental health records to a facility, an agency, or a health care provider responsible for the incarceration of an offender. The facility or agency responsible for the incarceration of an offender shall maintain any health and mental health records provided under this subsection as part of the offender's health record.

     (c) Subject to the conditions described in subsection (e), if an offender is transferred to a different facility, the operator of the facility or agency from which the offender is transferred shall provide the offender's health and mental health records to the facility that is used to:

(1) house; or

(2) provide mental health treatment to;

the offender, including a county jail or a community mental health center.

     (d) The department shall maintain health and mental health records for each offender incarcerated by the department. Subject to the conditions described in subsection (e), after an offender is released from incarceration, the department shall provide the offender's health and mental health records, if any, to a mental health facility, mental health provider, or designated health care provider that is providing mental health treatment to the offender.

     (e) An offender's health and mental health records may be disclosed under this section only if the records are necessary for:

(1) the provision of health care to the offender;

(2) the health and safety of the offender or other offenders;

(3) the health and safety of others at the facility;

(4) the health and safety of persons responsible for transporting or transferring the offender from one location to another;

(5) law enforcement on the premises of a facility; or

(6) the administration and maintenance of the safety, security, and good order of the facility.

     (f) All records covered under this section are subject to privacy and confidentiality laws, rules, and procedures enacted by the state or federal government.

As added by P.L.93-2007, SEC.1.

 

IC 11-10-5Chapter 5. Academic and Vocational Education
           11-10-5-1Implementation of academic and vocational education curricula and programs; funding
           11-10-5-2Adoption of rules for licensing of teachers
           11-10-5-3Limited teaching and conditional vocational certificates; qualification of applicants
           11-10-5-4Repealed
           11-10-5-5Employee wage payment arrangements
           11-10-5-6Educational assistance for tuition, books, and supplies

 

IC 11-10-5-1Implementation of academic and vocational education curricula and programs; funding

     Sec. 1. The department shall, after consulting with the state superintendent of public instruction and the Indiana commission on vocational and technical education of the department of workforce development, implement academic and vocational education curricula and programs for confined offenders, by utilizing qualified personnel employed by the department or by arranging for instruction to be given by public or private educational agencies in Indiana. The department shall include special education programs, which shall be governed under IC 20-35-2. To provide funding for development and implementation of academic and vocational education curricula and programs, the department may accept gifts and apply for and receive grants from any source.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.217-1987, SEC.26; P.L.1-1990, SEC.161; P.L.135-1993, SEC.3; P.L.21-1995, SEC.13; P.L.1-2005, SEC.121.

 

IC 11-10-5-2Adoption of rules for licensing of teachers

     Sec. 2. The state board of education shall, in accord with IC 20-28-4 and IC 20-28-5, adopt rules under IC 4-22-2 for the licensing of teachers to be employed by the department.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.20-1984, SEC.10; P.L.46-1992, SEC.2; P.L.1-2005, SEC.122; P.L.246-2005, SEC.96; P.L.90-2011, SEC.1.

 

IC 11-10-5-3Limited teaching and conditional vocational certificates; qualification of applicants

     Sec. 3. Limited certificates valid for one (1) year may be granted, upon the request of the commissioner, according to rules of the state board of education. Modification of these rules may be made by the state board of education in a way reasonably calculated to make available an adequate supply of qualified teachers. A limited certificate may be issued in cases where special education and qualifications warrant the waiver of part of the prerequisite professional education required for certification to teach in the public schools. The limited certificate, however, may be issued only to applicants who have graduated from an accredited college or university. Teachers of vocational education need not be graduates of an accredited college or university but shall meet requirements for conditional vocational certificates as determined by the department of education.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.20-1984, SEC.11; P.L.46-1992, SEC.3; P.L.1-2005, SEC.123; P.L.246-2005, SEC.97; P.L.90-2011, SEC.2.

 

IC 11-10-5-4Repealed

As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1982, P.L.92, SEC.1; P.L.96-1988, SEC.1; P.L.12-1992, SEC.68; P.L.170-2002, SEC.79. Repealed by P.L.100-2012, SEC.31.

 

IC 11-10-5-5Employee wage payment arrangements

     Sec. 5. (a) Notwithstanding IC 22-2-5-2, the correctional institution and:

(1) an employee if there is no representative described under subdivision (2) or (3) for that employee;

(2) the exclusive representative of its certificated employees with respect to those employees; or

(3) a labor organization representing its noncertificated employees with respect to those employees;

may agree in writing to a wage payment arrangement.

     (b) A wage payment arrangement under subsection (a) may provide that compensation earned during a school year may be paid:

(1) using equal installments or any other method; and

(2) over:

(A) all or part of that school year; or

(B) any other period that begins not earlier than the first day of that school year and ends not later than thirteen (13) months after the wage payment arrangement period begins.

Such an arrangement may provide that compensation earned in a calendar year is paid in the next calendar year, so long as all the compensation is paid within the thirteen (13) month period beginning with the first day of the school year.

     (c) A wage payment arrangement under subsection (a) must be structured in such a manner so that it is not considered:

(1) a nonqualified deferred compensation plan for purposes of Section 409A of the Internal Revenue Code; or

(2) deferred compensation for purposes of Section 457(f) of the Internal Revenue Code.

     (d) Absent an agreement under subsection (a), the correctional institution remains subject to IC 22-2-5-1.

     (e) Wage payments required under a wage payment arrangement entered into under subsection (a) are enforceable under IC 22-2-5-2.

     (f) If an employee leaves employment for any reason, either permanently or temporarily, the amount due the employee under IC 22-2-5-1 and IC 22-2-9-2 is the total amount of the wages earned and unpaid.

     (g) Employment with the correctional institution may not be conditioned upon the acceptance of a wage payment arrangement under subsection (a).

     (h) An employee may revoke a wage payment arrangement under subsection (a) at the beginning of each school year.

As added by P.L.41-2009, SEC.1.

 

IC 11-10-5-6Educational assistance for tuition, books, and supplies

     Sec. 6. The department may provide financial assistance for tuition, books, and supplies for an offender who:

(1) is:

(A) convicted of a felony;

(B) sentenced to a term of imprisonment for that felony; and

(C) confined for that felony by the department; and

(2) enrolls in a degree program at an eligible institution (as defined in IC 21-12-1-8(2)) of higher education.

As added by P.L.229-2011, SEC.103.

 

IC 11-10-6Chapter 6. General Provisions Concerning Offender Employment
           11-10-6-1Industry and farm product advisory council; establishment; duties; meetings, membership
           11-10-6-2Industry and farm programs; establishment and administration; recycling programs
           11-10-6-3Duties and opportunities of confined persons
           11-10-6-4Repealed
           11-10-6-5Sale of goods in open market
           11-10-6-6Industry and farm products revolving fund; establishment; review; revenues
           11-10-6-7Industry and farm products revolving fund; request for allocation; records; annual budget
           11-10-6-8Industry and farm products revolving fund; excess cash assets; remaining cash assets
           11-10-6-9Advances for purchasing materials, supplies, or equipment used in manufacturing or processing goods
           11-10-6-10Claims for payment for supplies and services furnished by correctional facilities to programs
           11-10-6-11Contract for management of program or activity operated for employment of offenders
           11-10-6-12Wage payments and wage claims

 

IC 11-10-6-1Industry and farm product advisory council; establishment; duties; meetings, membership

     Sec. 1. (a) There is hereby established an industry and farm product advisory council to assist the department in determining the need for products, the estimated volume or number of units required, pricing policies, and other matters relating to sales or promotion of such products manufactured or produced within the correctional system. The commissioner shall inform the council each year of the estimated number of offenders required to be employed at each institution during the year by the department and the offender work schedules for industry and farm production. With data furnished by the department, the council shall recommend to the commissioner an annual sales and production plan for all industry and farm programs. The council shall study and advise in such other areas or matters as may be referred by the commissioner or the administrator in charge of industry and farm programs.

     (b) The council shall meet annually or at such other times as the commissioner considers necessary. The council is composed of the following members:

(1) the commissioner, who shall be chairman;

(2) the commissioner of the department of administration;

(3) the state budget director;

(4) the administrator in charge of the industry and farm programs, who shall act as secretary of the council; and

(5) the commissioner, at his discretion, may appoint two (2) persons who are major users of industry and farm products or who represent the general public.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-6-2Industry and farm programs; establishment and administration; recycling programs

     Sec. 2. (a) The department shall establish, maintain, and operate industry and farm programs for offenders designed to equip the participant with a marketable skill which will provide to the participant a means of earning a livelihood upon the participant's return to the community. The department shall appoint an administrator who is the chief executive officer of the industry and farm programs. The commissioner or the administrator in charge of the industry and farm programs shall be responsible for planning, coordination, operation, and employment and supervision of personnel of the industry and farm programs at the correctional institutions. The programs may include:

(1) the production, manufacture, raising, or processing of any product or item for use or sale by the department;

(2) entering into contractual agreements and other arrangements with other state agencies or political subdivisions for the employment of offenders, including employment involving the conservation and improvement of the natural resources of Indiana or its political subdivisions; and

(3) the employment, to the extent that is practical within the industry and farm programs, of those offenders who have received specialized vocational training by the department.

     (b) The department shall examine the feasibility of, and, if reasonably achievable, develop programs for:

(1) the production of products using recycled materials; or

(2) processing waste materials.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.10-1990, SEC.10.

 

IC 11-10-6-3Duties and opportunities of confined persons

     Sec. 3. (a) A confined person may be required to keep his own living quarters clean and orderly.

     (b) A confined offender may be required to:

(1) perform general maintenance work and assist in providing other services essential to the administration of the facility or program; and

(2) work in a business, commercial, industrial, or agricultural enterprise operated by the department.

     (c) A confined offender may not be denied the opportunity to participate in educational, training, or voluntary employment programs solely because of compulsory work.

     (d) If an offender is eligible for an offender reentry administrative account under IC 11-10-15, at least ten percent (10%) and not more than twenty percent (20%) of the offender's gross earnings earned under subsection (b)(2) shall be deposited in the offender's reentry administrative account.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.104-2009, SEC.1.

 

IC 11-10-6-4Repealed

As added by Acts 1979, P.L.120, SEC.3. Repealed by P.L.49-1997, SEC.86.

 

IC 11-10-6-5Sale of goods in open market

     Sec. 5. Goods produced in whole or in part by committed persons in this state may be sold on the open market.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-6-6Industry and farm products revolving fund; establishment; review; revenues

     Sec. 6. The industry and farm products revolving fund is hereby established. The state budget agency shall annually review the revolving fund for the purpose of determining whether the current level is adequate to meet the expenditures required to sustain offender employment programs, and shall report to the state budget committee its recommendations regarding any changes in the amount of the fund. All revenues derived from the sale of goods produced or manufactured by the department, from the lease of farm land and appurtenances operated by the department's industry and farm program, or from the employment of offenders by other state agencies or political subdivisions shall be paid into the fund to be expended in the manner provided by law.

As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1980, P.L.88, SEC.1.

 

IC 11-10-6-7Industry and farm products revolving fund; request for allocation; records; annual budget

     Sec. 7. The department shall:

(1) request the state budget agency to allocate, as needed, funds from the revolving fund for the cost of operating the department's industry and farm programs for offender employment;

(2) keep complete records showing all transactions in such a manner as to be able to prepare at the end of each fiscal year, an operating statement for each industry and farm program operated by the department; the department shall also prepare an annual consolidated operating statement for all industry and farm programs; and

(3) prepare, prior to the beginning of each fiscal year, an annual budget of proposed expenditures for industry and farm programs, including expenditures for offender compensation; this annual budget shall be submitted to the state budget agency for approval, and no expenditure in excess of this approved budget may be made without the approval of the state budget agency.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-6-8Industry and farm products revolving fund; excess cash assets; remaining cash assets

     Sec. 8. Any cash assets in excess of one million five hundred thousand dollars ($1,500,000) remaining in the industry and farm products revolving fund at the close of any fiscal year shall be paid into a special fund to be used for capital expenditures for the department or support of the industry and farm products revolving fund. The cash assets remaining in the revolving fund at the close of any fiscal year shall include and be limited to all items of cash less the total amount of all accounts payable including all of the unliquidated obligations which appear as a matter of record in the office of the auditor of state.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.149-1983, SEC.1.

 

IC 11-10-6-9Advances for purchasing materials, supplies, or equipment used in manufacturing or processing goods

     Sec. 9. Upon the request of a state department, agency, or institution and with the approval of the state budget agency, funds appropriated to that department, agency, or institution for goods to be furnished by the department of correction may be wholly or partially advanced to the offender employment revolving fund to assist in purchasing materials, supplies, or equipment used in manufacturing or processing those goods.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-6-10Claims for payment for supplies and services furnished by correctional facilities to programs

     Sec. 10. Claims for payment for supplies and services furnished by the correctional facilities to the industry and farm programs during the applicable accounting period in the operation of offender employment programs established in those facilities shall be presented to the department. These claims shall be itemized and, if allowed, shall be paid from the industry and farm products revolving fund. No part of the revolving fund shall be used for the purpose of paying the salaries of employees and offenders, other than those who are engaged in the administration and operation of an industry and farm program.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-6-11Contract for management of program or activity operated for employment of offenders

     Sec. 11. The department may contract with private persons or businesses, or governmental agencies and political subdivisions of the state, for the management of any industry and farm program or activity operated for the employment of offenders.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-6-12Wage payments and wage claims

     Sec. 12. An offender employed in accordance with this chapter is subject to IC 22-2-5-3 and IC 22-2-9-8.

As added by P.L.223-2013, SEC.3.

 

IC 11-10-7Chapter 7. Private Employers and Offender Earnings
           11-10-7-1Application of chapter
           11-10-7-2Programs for employment of offenders by private persons; establishment; lease of land and improvements
           11-10-7-3Agreement between commissioner and private person; wages; employment on voluntary basis; unemployment compensation
           11-10-7-4Laws governing commercial or agricultural enterprise established under this chapter
           11-10-7-5Earnings of offender; distribution

 

IC 11-10-7-1Application of chapter

     Sec. 1. This chapter applies only to criminal offenders.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-7-2Programs for employment of offenders by private persons; establishment; lease of land and improvements

     Sec. 2. (a) The commissioner may establish programs for the employment of offenders by private persons. In establishing these programs, the commissioner may enter into agreements with any private person under which that person establishes, by construction, lease, or otherwise, facilities within the exterior boundary of any state adult correctional facility, for the manufacture and processing of goods or any other business, commercial, or agricultural enterprise.

     (b) In administering this chapter, the commissioner may, as a part of or in connection with any agreement made under subsection (a), lease, for not more than twenty (20) years, land, with the improvements on it, located on the grounds of any state correctional facility for use by the private party to that agreement for providing employment under this chapter.

As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1980, P.L.87, SEC.4.

 

IC 11-10-7-3Agreement between commissioner and private person; wages; employment on voluntary basis; unemployment compensation

     Sec. 3. (a) Any agreement entered into between the commissioner and a private person under this chapter must provide that an offender employed by a private person under this chapter will be paid at least the prevailing wage for that type of work as established by the department of workforce development, including applicable wage increases for overtime work.

     (b) An offender may be employed under this chapter only on a voluntary basis and only after the offender has been informed of the conditions of the offender's employment.

     (c) An offender employed under this chapter is not eligible for unemployment compensation benefits under workforce development laws.

     (d) An offender employed in accordance with this chapter is subject to IC 22-2-5-3 and IC 22-2-9-8.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.18-1987, SEC.10; P.L.21-1995, SEC.14; P.L.223-2013, SEC.4.

 

IC 11-10-7-4Laws governing commercial or agricultural enterprise established under this chapter

     Sec. 4. A commercial or agricultural enterprise established under this chapter is a private enterprise subject to laws governing the operation of similar enterprises in Indiana.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-7-5Earnings of offender; distribution

     Sec. 5. (a) The earnings of an offender employed under this chapter shall be surrendered to the department. This amount shall be distributed in the following order:

(1) Not less than twenty percent (20%) of the offender's gross earnings to be given to the offender or retained by the department. If retained by the department, the amount, with accrued interest if interest on the amount is earned, must be returned to the offender not later than at the time of the offender's release on parole or discharge.

(2) State and federal income taxes and Social Security deductions.

(3) The expenses of room and board, as fixed by the department and the budget agency, in facilities operated by the department, or, if the offender is housed in a facility not operated by the department, the amount paid by the department to the operator of the facility or other appropriate authority for room and board and other incidentals as established by agreement between the department and the appropriate authority.

(4) The support of the offender's dependents, when directed by the offender or ordered by the court to pay this support. If the offender's dependents are receiving welfare assistance, the appropriate county office of the division of family resources or welfare department in another state shall be notified of these disbursements.

(5) Ten percent (10%) of the offender's gross earnings, to be deposited in the violent crime victims compensation fund established by IC 5-2-6.1-40.

(6) If an offender is eligible for an offender reentry administrative account under IC 11-10-15, at least ten percent (10%) and not more than twenty percent (20%) of the offender's gross earnings, to be deposited in the offender's reentry administrative account.

     (b) Any remaining amount shall be given to the offender or retained by the department in accord with subsection (a)(1).

     (c) The department may, when special circumstances warrant or for just cause, waive the collection of room and board charges by or on behalf of a facility operated by the department or, if the offender is housed in a facility not operated by the department, authorize payment of room and board charges from other available funds.

As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1980, P.L.87, SEC.5; P.L.2-1992, SEC.109; P.L.4-1993, SEC.13; P.L.5-1993, SEC.26; P.L.47-1993, SEC.4; P.L.1-1994, SEC.43; P.L.146-2008, SEC.369; P.L.44-2009, SEC.5; P.L.104-2009, SEC.2.

 

IC 11-10-8Chapter 8. Minimum Security Release Program for Criminal Offenders and Offender Earnings
           11-10-8-1Application of chapter
           11-10-8-2Establishment of programs; violent crime offenders
           11-10-8-3Assignment to program; requirements
           11-10-8-4Contracts for confinement of offenders
           11-10-8-5Directives; establishment
           11-10-8-6Earnings of offender; distribution
           11-10-8-6.5Work release—study release subsistence special revenue fund
           11-10-8-7Supervision over conditions of employment
           11-10-8-8Status of offender while going to or from employment
           11-10-8-9Notice to victim before assignment of offender to work release program

 

IC 11-10-8-1Application of chapter

     Sec. 1. This chapter applies only to criminal offenders.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-8-2Establishment of programs; violent crime offenders

     Sec. 2. (a) Except as provided in subsection (b), the department shall establish a minimum security release program in which eligible committed offenders may be temporarily released from custody to:

(1) work;

(2) conduct a business or other self-employed occupation, including housekeeping or attending to family needs;

(3) attend an academic or vocational training institution or program;

(4) obtain medical, psychiatric, or psychological treatment, including treatment for drug addiction or alcoholism; or

(5) accomplish other purposes consistent with programs of the department.

     (b) An offender convicted of:

(1) a violent crime (as defined in IC 5-2-6.1-8); or

(2) a sex offense under IC 35-42-4 or IC 35-46-1-3;

is not eligible to participate in a minimum security assignment that constitutes an assignment of the offender to a program requiring weekly reporting to a designated official.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.136-1989, SEC.2; P.L.2-1992, SEC.110; P.L.47-1993, SEC.5; P.L.144-1995, SEC.1.

 

IC 11-10-8-3Assignment to program; requirements

     Sec. 3. (a) Before an offender may be assigned to a minimum security release program:

(1) the offender must be assigned to a minimum security classification in accord with IC 35-38-3 (any change in the degree of security, from minimum to a higher degree, whether the change occurs before or after assignment to a release program, renders the offender ineligible for participation in the release program, and the department shall take appropriate action for the offender's immediate removal from the release program and reassignment to a facility or program consistent with the offender's degree of security assignment); and

(2) the department must find that:

(A) the offender is likely to respond affirmatively to the program;

(B) it is reasonably unlikely that the offender will commit another crime while assigned to the program; and

(C) the offender demonstrates reading and writing skills that meet minimum literacy standards:

(i) developed by the department; and

(ii) established under rules adopted by the department under IC 4-22-2.

     (b) The minimum literacy standards adopted by the department under subsection (a)(2)(C) must provide that an offender is exempt from those standards if the department determines that:

(1) the offender is unable to meet the minimum literacy standards as a result of a disability; or

(2) the length of the offender's sentence prevents the offender from achieving the minimum literacy standards before the expiration of the offender's sentence.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.150-1987, SEC.1; P.L.23-1993, SEC.34; P.L.1-2005, SEC.124; P.L.1-2007, SEC.101.

 

IC 11-10-8-4Contracts for confinement of offenders

     Sec. 4. The department may enter into contracts with appropriate city, county, state, or federal authorities for the confinement of, and provision of other correctional services to, offenders; and the city, county, and state authorities may enter into such contracts. If the department determines that an offender participating in a minimum security release program does not require the security of a public detention facility, it may contract with other public or private agencies for his custody and care.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-8-5Directives; establishment

     Sec. 5. (a) The department shall establish directives governing:

(1) eligibility and selection of prospective employers for participation in the work release program;

(2) eligibility and selection of institutions and programs for participation in the study release program;

(3) eligibility and selection of hospitals, clinics, or other agencies or individuals for participation in the medical release program;

(4) the procedure by which an offender may apply for participation in a minimum security release program;

(5) custody of an offender during the time he is not actively engaged in the activity to which he is assigned;

(6) conduct of an offender participating in a minimum security release program, including sanctions for violation of rules of conduct;

(7) accounting procedures for the disposition of a participating offender's earnings;

(8) an offender's voluntary or involuntary removal from a minimum security release program;

(9) departmental assistance in obtaining medical treatment or suitable employment, academic, or vocational training in the programs authorized by this chapter; and

(10) any additional matters concerning the general administration of programs authorized by this chapter.

     (b) For purposes of IC 4-22-2, the term "directive" as used in this section relates solely to internal policy and procedure not having the force of law.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-8-6Earnings of offender; distribution

     Sec. 6. (a) The earnings of an offender employed in a work release program under this chapter, less payroll deductions required by law and court ordered deductions for satisfaction of a judgment against the offender, shall be surrendered to the department or its designated representative. The remaining earnings shall be distributed in the following order:

(1) State and federal income taxes and Social Security deductions not otherwise withheld.

(2) The cost of membership in an employee organization.

(3) Ten percent (10%) of the offender's gross earnings, to be deposited in the violent crime victims compensation fund established by IC 5-2-6.1-40.

(4) Not less than fifteen percent (15%) of the offender's gross earnings, if that amount of the gross is available after the above deductions, to be given to the offender or retained by the department. If retained by the department, the amount, with accrued interest, must be returned to the offender not later than at the time of the offender's release on parole or discharge.

(5) The expense of room and board, as fixed by the department and the budget agency, in facilities operated by the department, or, if the offender is housed in a facility not operated by the department, the amount paid by the department to the operator of the facility or other appropriate authority for room and board and other incidentals as established by agreement between the department and the appropriate authority.

(6) Transportation cost to and from work, and other work related incidental expenses.

(7) Court ordered costs or fines imposed as a result of conviction of an offense under Indiana law, unless the costs or fines are being paid through other means.

(8) If an offender is eligible for an offender reentry administrative account under IC 11-10-15, at least ten percent (10%) and not more than twenty percent (20%) of the offender's gross earnings, to be deposited in the offender's reentry administrative account.

     (b) After the amounts prescribed in subsection (a) are deducted, the department may, out of the remaining amount:

(1) when directed by the offender or ordered by the court, pay for the support of the offender's dependents (if the offender's dependents are receiving welfare assistance, the appropriate county office of the division of family resources or welfare department in another state shall be notified of these disbursements); and

(2) with the consent of the offender, pay to the offender's victims or others any unpaid obligations of the offender.

     (c) Any remaining amount shall be given to the offender or retained by the department in accord with subsection (a)(4).

     (d) The department may, when special circumstances warrant or for just cause, waive the collection of room and board charges by or on behalf of a facility operated by the department or, if the offender is housed in a facility not operated by the department, authorize payment of room and board charges from other available funds.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.2-1992, SEC.111; P.L.4-1993, SEC.14; P.L.5-1993, SEC.27; P.L.47-1993, SEC.6; P.L.1-1994, SEC.44; P.L.146-2008, SEC.370; P.L.44-2009, SEC.6; P.L.104-2009, SEC.3.

 

IC 11-10-8-6.5Work release—study release subsistence special revenue fund

     Sec. 6.5. (a) There is created the work release-study release subsistence special revenue fund to be used for:

(1) construction of new work release or study release facilities;

(2) maintenance of work release or study release facilities;

(3) general operating costs of the work release or study release programs, including offender services;

(4) providing programs or services established under IC 11-13-8; or

(5) the matching of federal funds for use in the work release or study release programs.

     (b) Money collected under section 6(a)(5) of this chapter shall be deposited in the fund not later than the fifteenth day of the month following the month in which it was received.

     (c) Earnings on the money deposited in the fund shall be deposited in the fund.

     (d) The commissioner shall submit a proposed budget for expenditure of the money in the fund to the state budget agency for approval in accord with IC 4-12-1.

     (e) If the fund is abolished, its contents revert to the state general fund.

     (f) Money in the fund is continuously appropriated for the purposes provided under this article.

As added by Acts 1980, P.L.88, SEC.2. Amended by P.L.240-1991(ss2), SEC.55.

 

IC 11-10-8-7Supervision over conditions of employment

     Sec. 7. The department of labor shall exercise the same supervision over conditions of employment for offenders under this chapter as the department of labor does over conditions of employment for persons who are not committed.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.37-1985, SEC.3.

 

IC 11-10-8-8Status of offender while going to or from employment

     Sec. 8. An offender employed under this chapter by an employer other than the department is not an agent, employee, or involuntary servant of the department while working or going to or from the employment.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-8-9Notice to victim before assignment of offender to work release program

     Sec. 9. Before the department may assign an offender to a work release program, the department must notify any victim of the offender's crime of the right to submit a written statement to:

(1) a sentencing court in accordance with IC 11-10-11.5-4.5, if the offender is under consideration for assignment to a community transition program; and

(2) the department, if the offender is under consideration for assignment to any other work release program.

If the name or address of a victim of the offender's crime changes after the offender is sentenced for the offense, and the offender's sentence may result in the offender's assignment to the work release program, the victim is responsible for notifying the department of the name or address change.

As added by P.L.90-2000, SEC.2.

 

IC 11-10-9Chapter 9. Temporary Leave─Criminal Offenders
           11-10-9-1Application of chapter
           11-10-9-2Purpose; period of time; written authorization; custodial agent; directives

 

IC 11-10-9-1Application of chapter

     Sec. 1. This chapter applies only to confined criminal offenders.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-9-2Purpose; period of time; written authorization; custodial agent; directives

     Sec. 2. (a) The department may grant an offender a temporary leave from a correctional facility or program for a designated purpose and period of time, in Indiana, either alone or accompanied by a department employee or other custodial agent:

(1) to visit a close relative who is seriously ill;

(2) to attend the funeral of a close relative;

(3) to obtain medical, psychiatric, or psychological services;

(4) to make arrangements for employment, admittance to an educational or vocational training institution or program or participation in any other activity authorized by the department;

(5) to secure a residence or make other preparation for release or discharge;

(6) to appear before any group whose purpose is to obtain an understanding of crime or corrections, including appearances on television or radio;

(7) to return to his home or other place authorized by the department during what appears to be his terminal illness; or

(8) for any other purpose the department determines to be in the best interest of the offender and the public.

     (b) All temporary leaves other than one granted under subsection (a)(7) are limited to five (5) days or less.

     (c) Before an offender is released under this chapter, the department shall give him a written authorization for temporary leave which specifies the conditions of that leave. At all times while on leave, the offender must keep the authorization in his possession.

     (d) An offender must be accompanied by a department employee or other custodial agent while on temporary leave unless he has been assigned a minimum security classification described in IC 35-38-3-6.

     (e) The department may establish directives governing the implementation of this chapter, including an offender's eligibility for, and conduct while on, temporary leave. For purposes of IC 4-22-2, the term "directive" as used in this subsection relates solely to internal policy and procedure not having the force of law.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.5-1988, SEC.61.

 

IC 11-10-10Chapter 10. Temporary Release─Delinquent Offenders
           11-10-10-1Application of chapter
           11-10-10-2Purpose and period of time
           11-10-10-3Directives

 

IC 11-10-10-1Application of chapter

     Sec. 1. This chapter applies only to committed delinquent offenders.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-10-2Purpose and period of time

     Sec. 2. The department may temporarily release an offender from a correctional facility or program for a designated purpose and period of time, in Indiana, either alone or accompanied by a department employee or other custodial agent:

(1) to attend or make arrangements for attending an academic or vocational training institution or program, including attendance in a public school;

(2) to obtain or make arrangements for obtaining medical, psychiatric, or psychological services, including treatment for drug addiction or alcoholism;

(3) to work or make arrangements for employment;

(4) to visit a close relative who is seriously ill;

(5) to visit his immediate family;

(6) to attend the funeral of a close relative;

(7) to make preparations for release or discharge;

(8) for recreational purposes;

(9) to return to his home or other place authorized by the department during what appears to be his terminal illness; or

(10) for any other purpose the department determines to be in the best interest of the offender and the public.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-10-3Directives

     Sec. 3. The department may establish directives governing the implementation of this chapter, including an offender's eligibility for, and conduct while on, temporary release. For purposes of IC 4-22-2, the term "directive" as used in this subsection relates solely to internal policy and procedure not having the force of law.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-11Chapter 11. Recreation and Community Involvement in Correctional Programs
           11-10-11-1Establishment of programs and activities, purpose; range of programs and activities
           11-10-11-2Opportunity for physical exercise
           11-10-11-3Development and maintenance of programs involving community organizations and others

 

IC 11-10-11-1Establishment of programs and activities, purpose; range of programs and activities

     Sec. 1. (a) To the greatest extent possible, consistent with the security of facilities and programs and departmental resources, the department shall establish recreational and cultural programs and activities designed to develop and maintain the physical and mental health of confined persons.

     (b) The programs and activities should cover a wide range of interests and talents and include:

(1) meaningful, relevant reading material;

(2) reasonable availability of radio and television;

(3) reasonable opportunities to engage in musical endeavors, painting, crafts, and other creative pursuits; and

(4) availability of physical recreation and sports.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-11-2Opportunity for physical exercise

     Sec. 2. A confined person shall be given a reasonable opportunity for physical exercise outside of his immediate living quarters and out of doors if feasible.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-11-3Development and maintenance of programs involving community organizations and others

     Sec. 3. The department shall encourage and assist in the development and maintenance of programs designed to involve community organizations and other persons in correctional programs.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-11.5Chapter 11.5. Assignment to Community Transition Program
           11-10-11.5-1Applicability of chapter
           11-10-11.5-2Notice of offender's eligibility for program
           11-10-11.5-3Provision of other information
           11-10-11.5-3.5Nonresident's ineligibility for program
           11-10-11.5-3.6Sentences by multiple courts
           11-10-11.5-4Copy of notice sent to prosecuting attorney
           11-10-11.5-4.5Offender's and victim's rights to submit written statement
           11-10-11.5-5Commencement date; Level 5 or Level 6 felony
           11-10-11.5-6Commencement date; order under IC 35-38-1-25
           11-10-11.5-7Transportation of offender to sheriff or other person
           11-10-11.5-8Transfer of offender to intake person; voluntary participation in program; disciplinary action
           11-10-11.5-9Duration of assignment to program
           11-10-11.5-10Good time credit
           11-10-11.5-11Rules and conditions
           11-10-11.5-11.5Community transition required; request for delay; disciplinary action
           11-10-11.5-12Collection and distribution of earnings
           11-10-11.5-13Repealed
           11-10-11.5-14Medical care while in program

 

IC 11-10-11.5-1Applicability of chapter

     Sec. 1. (a) This chapter applies to a person:

(1) who is committed to the department under IC 35-50 for one (1) or more felonies; and

(2) against whom a court imposed a sentence of at least two (2) years.

     (b) This chapter applies only to a person whose community transition program commencement date occurs after August 31, 1999.

As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000, SEC.3; P.L.85-2004, SEC.31; P.L.220-2011, SEC.247.

 

IC 11-10-11.5-2Notice of offender's eligibility for program

     Sec. 2. (a) Not earlier than sixty (60) days and not later than forty-five (45) days before an offender's community transition program commencement date, the department shall give written notice of the offender's eligibility for a community transition program to each court that sentenced the offender for a period of imprisonment that the offender is still actively serving. The notice must include the following information:

(1) The person's name.

(2) A description of the offenses for which the person was committed to the department.

(3) The person's expected release date.

(4) The person's community transition program commencement date designated by the department.

(5) The person's current security and credit time classifications.

(6) A report summarizing the person's conduct while committed to the department.

(7) Any other information that the department determines would assist the sentencing court in determining whether to issue an order under IC 35-38-1-24 or IC 35-38-1-25.

     (b) If the offender's expected release date changes as the result of the loss of educational credit or good time credit after notice is sent to each court under this section, the offender may become ineligible for a community transition program.

     (c) If the offender's expected release date changes as the result of the gain of educational credit or good time credit after notice is sent to each court under this section, the offender may be assigned to a community transition program if the department determines that:

(1) a sufficient amount of time exists to allow a court under IC 35-38-1-24 or IC 35-38-1-25 to consider a written statement described in section 4.5 of this chapter; and

(2) an offender will have at least thirty (30) days remaining on the offender's sentence after the court's consideration of a written statement under subdivision (1), calculated as follows:

(A) Beginning on the date the department will assign the offender to a minimum security classification and place the offender in a community transition program.

(B) Ending with the recalculated expected release date.

     (d) The department shall notify each court whenever the department finds that an offender is ineligible for the program because of a change in the person's educational credit or good time credit.

As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000, SEC.4; P.L.85-2004, SEC.32; P.L.74-2015, SEC.6.

 

IC 11-10-11.5-3Provision of other information

     Sec. 3. The department shall provide any other information requested by the sentencing court.

As added by P.L.273-1999, SEC.208.

 

IC 11-10-11.5-3.5Nonresident's ineligibility for program

     Sec. 3.5. An offender who resides outside Indiana is not eligible for a community transition program.

As added by P.L.90-2000, SEC.5.

 

IC 11-10-11.5-3.6Sentences by multiple courts

     Sec. 3.6. If an offender who is eligible to be assigned to a community transition program is sentenced by more than one (1) court, the offender must be considered for assignment to a community transition program located in the community where the court that imposed the sentence with the longest period of imprisonment that the offender is actively serving is located. However, before an offender may be assigned to a community transition program, each court that sentenced the offender to a period of imprisonment that the offender is actively serving must agree to the assignment.

As added by P.L.90-2000, SEC.6.

 

IC 11-10-11.5-4Copy of notice sent to prosecuting attorney

     Sec. 4. The department shall send a copy of a notice required under section 2 of this chapter to the prosecuting attorney where the person's case originated. The notice under this section need not include the information described in section 2(6) through 2(7) and section 3 of this chapter. However, upon request to the sentencing court, the court receiving the notice under section 2 of this chapter shall permit the prosecuting attorney to review and obtain copies of any information included in the notice.

As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000, SEC.7.

 

IC 11-10-11.5-4.5Offender's and victim's rights to submit written statement

     Sec. 4.5. (a) Before the department may assign an offender to a minimum security classification and place the offender in a community transition program, the department shall notify:

(1) the offender and any victim of the offender's crime of the right to submit a written statement regarding the offender's assignment to the community transition program; and

(2) the offender of the right to submit a written statement objecting to the offender's placement in a community transition program;

to each court that sentenced the offender to a period of imprisonment that the offender is actively serving. If the name or address of a victim of the offender's crime changes after the offender is sentenced for the offense, and the offender's sentence may result in the offender's assignment to the community transition program, the victim is responsible for notifying the department of the name or address change.

     (b) An offender or a victim of the offender's crime who wishes to submit a written statement under subsection (a)(1) must submit the statement to each court and the department not later than ten (10) working days after receiving notice from the department under subsection (a).

     (c) An offender's written statement objecting to the offender's placement in a community transition program under subsection (a)(2) must be submitted to each court and the department:

(1) not later than ten (10) working days after receiving notice from the department under subsection (a); or

(2) before the offender is transported under section 7 of this chapter;

whichever occurs first.

As added by P.L.90-2000, SEC.8. Amended by P.L.85-2004, SEC.33.

 

IC 11-10-11.5-5Commencement date; Level 5 or Level 6 felony

     Sec. 5. (a) This section applies to a person if the most serious offense for which the person is committed is a Class C or Class D felony (for a crime committed before July 1, 2014) or Level 5 or Level 6 felony (for a crime committed after June 30, 2014).

     (b) Unless the department has received:

(1) an order under IC 35-38-1-24; or

(2) a warrant order of detainer seeking the transfer of the person to a county or another jurisdiction;

the department shall assign a person to a minimum security classification and place the person in a community transition program beginning with the community transition program commencement date designated by the department until the person completes the person's fixed term of imprisonment, less the credit time the person has earned with respect to the term.

As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000, SEC.9; P.L.85-2004, SEC.34; P.L.158-2013, SEC.177.

 

IC 11-10-11.5-6Commencement date; order under IC 35-38-1-25

     Sec. 6. (a) This section applies to a person if the sentencing court orders the department to assign a person to a community transition program under IC 35-38-1-25.

     (b) The department shall assign a minimum security classification and place the person in a community transition program beginning with the date specified in the sentencing court's order until the person completes the person's fixed term of imprisonment, less the credit time the person has earned with respect to the term.

As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000, SEC.10.

 

IC 11-10-11.5-7Transportation of offender to sheriff or other person

     Sec. 7. Not later than seven (7) regular business days after a person is assigned to a community transition program under this chapter, the department shall:

(1) comply with the procedures in IC 11-10-12-1(a)(1) and IC 11-10-12-1(a)(2); and

(2) transport the person to:

(A) the sheriff of the county where the person's case originated;

(B) any other person ordered by the sentencing court; or

(C) a person or an entity designated by the supervising authority of the community transition program to which the person is assigned.

The department may, upon request of the person, issue the work clothing described in IC 11-10-12-1(b).

As added by P.L.273-1999, SEC.208. Amended by P.L.85-2004, SEC.35.

 

IC 11-10-11.5-8Transfer of offender to intake person; voluntary participation in program; disciplinary action

     Sec. 8. (a) The person or entity receiving the offender under section 7 of this chapter shall transfer the offender to the intake person for the community transition program.

     (b) As soon as is practicable after receiving the offender, the community transition program shall provide the offender with a reasonable opportunity to review the rules and conditions applicable to the offender's assignment in the program.

     (c) The department may take disciplinary action under IC 11-11-5 against an offender who:

(1) has been assigned to a minimum security classification and placed in a community transition program; and

(2) refuses to participate in the community transition program.

As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000, SEC.11; P.L.85-2004, SEC.36.

 

IC 11-10-11.5-9Duration of assignment to program

     Sec. 9. A person assigned to a community transition program shall remain in the assignment until the person completes the person's fixed term of imprisonment, less the credit time the person has earned with respect to the term, unless the community transition program causes the person to be returned to the department for reassignment from the community transition program to a program or facility administered by the department under section 11.5(b) of this chapter. IC 11-10-12-2 does not apply to a person who completes an assignment in a community transition program.

As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000, SEC.12.

 

IC 11-10-11.5-10Good time credit

     Sec. 10. A person assigned to a community transition program continues to earn good time credit during the person's assignment to a community transition program.

As added by P.L.273-1999, SEC.208. Amended by P.L.74-2015, SEC.7.

 

IC 11-10-11.5-11Rules and conditions

     Sec. 11. (a) While assigned to a community transition program, a person must comply with:

(1) the rules concerning the conduct of persons in the community transition program, including rules related to payments described in section 12 of this chapter, that are adopted by the community corrections advisory board establishing the program or, in counties that are not served by a community corrections program, that are jointly adopted by the courts in the county with felony jurisdiction; and

(2) any conditions established by the sentencing court for the person.

     (b) As a rule of the community transition program, a person convicted of a sex offense (as defined in IC 11-8-8-5.2) may not use a social networking web site (as defined in IC 35-31.5-2-307) or an instant messaging or chat room program (as defined in IC 35-31.5-2-173) to communicate, directly or through an intermediary, with a child less than sixteen (16) years of age. However, the rules of the community transition program may permit the offender to communicate using a social networking web site or an instant messaging or chat room program with:

(1) the offender's own child, stepchild, or sibling; or

(2) another relative of the offender specifically named in the rules applicable to that person.

     (c) As a rule of the community transition program, an individual may be required to receive:

(1) addiction counseling;

(2) inpatient detoxification;

(3) case management;

(4) daily living skills; and

(5) medication assisted treatment, including a federal Food and Drug Administration approved long acting, nonaddictive medication for the treatment of opioid or alcohol dependence.

As added by P.L.273-1999, SEC.208. Amended by P.L.3-2008, SEC.89; P.L.247-2013, SEC.1; P.L.187-2015, SEC.3; P.L.209-2015, SEC.3.

 

IC 11-10-11.5-11.5Community transition required; request for delay; disciplinary action

     Sec. 11.5. (a) Except as provided in section 4.5 of this chapter, an offender is not entitled to refuse to be placed into a community transition program. However, the offender may request that an assignment to a community transition program be delayed if the offender will be enrolled in department programming on the community transition program commencement date designated by the department.

     (b) The community transition program, following a hearing and upon a finding of probable cause that the offender has failed to comply with a rule or condition under section 11 of this chapter, may:

(1) request a court to issue a warrant ordering the department to immediately:

(A) return the offender to the department; or

(B) reassign the offender to a program or facility administered by the department; or

(2) take disciplinary action against an offender who violates rules of conduct. Disciplinary action under this subdivision may include the loss of educational credit or good time credit under IC 35-50-6-5.

     (c) An offender who is returned to the department under subsection (b) is not eligible for assignment to another community transition program for the duration of the sentence or sentences the offender is actively serving.

As added by P.L.90-2000, SEC.13. Amended by P.L.85-2004, SEC.37; P.L.74-2015, SEC.8.

 

IC 11-10-11.5-12Collection and distribution of earnings

     Sec. 12. (a) Any earnings of a person employed while in a community transition program, less payroll deductions required by law and court ordered deductions for satisfaction of a judgment against that person, may be collected by the community transition program at the discretion of the community transition program. Unless otherwise ordered by the sentencing court, if the community transition program collects the earnings under this section, the remaining earnings shall be distributed in the following order:

(1) To pay state and federal income taxes and Social Security deductions not otherwise withheld.

(2) To pay the cost of membership in an employee organization.

(3) Not less than twenty-five percent (25%) of the person's gross earnings, if that amount of the gross is available after the above deductions, to be given to that person or retained for the person, with accrued interest, until the person's release or discharge.

(4) To pay for the person's room and board or electronic monitoring provided by the community transition program.

(5) To pay transportation costs to and from work and other work related incidental expenses incurred by the community transition program.

(6) To pay court ordered costs, fines, or restitution.

     (b) After the amounts prescribed in subsection (a) are deducted, the remaining amount may be used to:

(1) when directed by the person or ordered by the court, pay for the support of the person's dependents (if the person's dependents are receiving welfare assistance, the appropriate office of family and children or welfare department in another state shall be notified of such disbursements); and

(2) with the consent of the person, pay to the person's victims or others any unpaid obligations of that person.

     (c) Any remaining amount shall be given to the person or retained for the person according to subsection (a)(3).

     (d) The collection of room and board or electronic monitoring costs under subsection (a)(4) may be waived.

As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000, SEC.14.

 

IC 11-10-11.5-13Repealed

As added by P.L.273-1999, SEC.208. Repealed by P.L.90-2000, SEC.25.

 

IC 11-10-11.5-14Medical care while in program

     Sec. 14. (a) A person assigned to a community transition program is responsible for the person's medical care while in the program. However, if the sentencing court finds that the person is unable to pay for necessary medical care, the department shall provide for the necessary medical care.

     (b) The department, without a hearing, may transfer a person assigned to a community transition program to a facility operated by the department or another place determined by the department for medical treatment that is not covered by payments made by the offender or by insurance covering the offender.

     (c) Whenever the department makes a transfer under subsection (b), the department may:

(1) reassign the offender from the community transition program to another facility or program; or

(2) continue the offender's assignment to the community transition program and return the offender to the community transition program upon the completion of the medical treatment.

     (d) An offender who is transferred for medical treatment under subsection (b) continues to earn good time credit during the period of the offender's medical treatment.

     (e) The department shall adopt rules under IC 4-22-2 to implement this section.

As added by P.L.90-2000, SEC.15. Amended by P.L.74-2015, SEC.9.

 

IC 11-10-12Chapter 12. Release Procedures
           11-10-12-1Committed offenders; return of property, issuance of clothes
           11-10-12-2Committed criminal offender; transportation; money for immediate needs
           11-10-12-3Committed delinquent offenders; transportation, immediate financial needs
           11-10-12-4Certification of discharge; informing offender of restoration of voting rights; serious sex offender issues
           11-10-12-5Assistance to committed offenders in applying for TANF
           11-10-12-5.3Assistance in Medicaid application before release or discharge; timing of assistance; Medicaid authorization
           11-10-12-5.7Assistance in securing treatment for mental illness or addictive disorder upon release or discharge; timing of assistance; Medicaid; use of outside entity
           11-10-12-6Committed offender's use of Internet for employment search; restrictions

 

IC 11-10-12-1Committed offenders; return of property, issuance of clothes

     Sec. 1. (a) When a committed offender is released on parole or discharged from the department, the department shall:

(1) within a reasonable period of time, return any property or money, including accumulated earnings, held for the offender; and

(2) provide him, if he is unable to provide them for himself, with at least one (1) set of clothing appropriate for the season of the year of such quality and styling that he will not be identified as an ex-offender.

     (b) The department, upon request by the offender, may issue a complete set of serviceable work clothing, including work shoes, to an offender whose occupation will require such clothing.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-12-2Committed criminal offender; transportation; money for immediate needs

     Sec. 2. (a) When a committed criminal offender is released on parole or probation or is discharged, the department, at the discretion of the department, shall:

(1) either:

(A) procure transportation for him to his designated place of residence;

(B) procure public transportation for the released offender to the Indiana city or town that is nearest to the released offender's designated place of residence; or

(C) upon request of the offender, provide transportation for the released offender to any other place in Indiana as the commissioner may designate; and

(2) provide him with an amount of money to be determined by the department in accordance with procedures approved by the budget agency to enable him to meet his immediate needs.

Except as provided in subdivision (2), a criminal offender is not entitled to receive a payment in lieu of transportation under this subsection.

     (b) The department shall establish standards for use in determining the amount of money to be paid under subsection (a)(2) to a criminal offender upon release on parole or probation or upon discharge. These standards:

(1) must be consistently applied to each criminal offender upon release or discharge;

(2) must take into account amounts earned by criminal offenders through work release programs before release or discharge; and

(3) may allow for no payment to criminal offenders who are determined by the department to have accumulated a sufficient amount of money to meet the criminal offender's immediate needs upon release or discharge.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.128-1985, SEC.1; P.L.240-1991(ss2), SEC.56; P.L.264-1999, SEC.1.

 

IC 11-10-12-3Committed delinquent offenders; transportation, immediate financial needs

     Sec. 3. When a committed delinquent offender is released on parole or discharged, the department shall, when the offender's parents, guardian, or custodian have not provided transportation, procure transportation to his destination. If the department determines that a paroled or discharged offender's immediate financial needs will not be provided for, it shall provide him with an amount of money to be determined by the department, with the approval of the state budget agency, to assist him in meeting those needs.

As added by Acts 1979, P.L.120, SEC.3.

 

IC 11-10-12-4Certification of discharge; informing offender of restoration of voting rights; serious sex offender issues

     Sec. 4. Upon the discharge of a criminal offender, the department shall do the following:

(1) Certify the discharge to the clerk of the sentencing court, who shall make an entry on the record of judgment that the sentence has been satisfied.

(2) Inform the criminal offender in writing of the right to register to vote under IC 3-7-13-5.

(3) Provide the criminal offender with a copy of the voter's bill of rights prescribed by the Indiana election commission under IC 3-5-8.

(4) If the criminal offender is a serious sex offender (as defined in IC 35-42-4-14(a)), inform the criminal offender that:

(A) a serious sex offender who knowingly or intentionally enters school property commits unlawful entry by a serious sex offender, a Level 6 felony, under IC 35-42-4-14(b); and

(B) a serious sex offender may be eligible to vote by mail or absentee ballot.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.9-2004, SEC.19; P.L.235-2015, SEC.2.

 

IC 11-10-12-5Assistance to committed offenders in applying for TANF

     Sec. 5. (a) The department shall assist a committed offender in applying for assistance under the federal Temporary Assistance for Needy Families (TANF) program (45 CFR 260 et seq.) so that the committed offender might be eligible for assistance when the offender is subsequently:

(1) released on parole;

(2) assigned to a community transition program; or

(3) discharged from the department.

     (b) The department shall provide the assistance described in subsection (a) in sufficient time to ensure that the committed offender will be able to receive assistance at the time the committed offender is:

(1) released on parole;

(2) assigned to a community transition program; or

(3) discharged from the department.

As added by P.L.161-2007, SEC.4.

 

IC 11-10-12-5.3Assistance in Medicaid application before release or discharge; timing of assistance; Medicaid authorization

     Sec. 5.3. (a) The department shall assist a committed offender in applying for Medicaid, as the authorized representative as described in IC 11-10-3-7 or as a health navigator under the requirements of IC 27-19-2-12, so that the committed offender might be eligible for assistance when the offender is subsequently:

(1) released on parole;

(2) assigned to a community transition program; or

(3) discharged from the department.

     (b) The department shall provide the assistance described in subsection (a) in sufficient time to ensure that the committed offender will be able to receive assistance at the time the committed offender is:

(1) released on parole;

(2) assigned to a community transition program; or

(3) discharged from the department.

     (c) The department shall implement the requirements under this section to establish an inmate's Medicaid coverage regardless of the inmate's medical need. Upon a determination that the inmate qualifies for Medicaid coverage, the office of the secretary of family and social services, division of family resources, shall authorize and then immediately suspend Medicaid coverage for those inmates not requiring immediate medical attention.

As added by P.L.185-2015, SEC.3.

 

IC 11-10-12-5.7Assistance in securing treatment for mental illness or addictive disorder upon release or discharge; timing of assistance; Medicaid; use of outside entity

     Sec. 5.7. (a) The department shall assist a committed offender who has a mental illness or addictive disorder in securing treatment through an approved Medicaid program, as the authorized representative as described in IC 11-10-3-7 or as a health navigator under the requirements of IC 27-19-2-12, so that the committed offender might be eligible for treatment when the offender is:

(1) released on parole;

(2) assigned to a community transition program;

(3) discharged from the department; or

(4) required to receive inpatient psychiatric services while incarcerated to the extent authorized under federal law.

     (b) The department shall provide the assistance described in subsection (a) in sufficient time to ensure that the committed offender will be able to receive treatment at the time the committed offender is:

(1) released on parole;

(2) assigned to a community transition program; or

(3) discharged from the department.

     (c) Subject to federal law, an inmate placed in a work release program or other department program involving alternative sentencing programs is eligible for Medicaid covered services.

     (d) The department may use a community mental health center (as defined in IC 12-7-2-38), hospital, mental health professional, or other provider certified or licensed by the division of mental health and addiction to provide treatment for a mental illness or addictive disorder through the Medicaid program.

As added by P.L.185-2015, SEC.4.

 

IC 11-10-12-6Committed offender's use of Internet for employment search; restrictions

     Sec. 6. (a) The department, during the ninety (90) days before a committed offender is:

(1) released on parole;

(2) assigned to a community transition program;

(3) discharged from the department; or

(4) released on probation;

shall allow the committed offender to have Internet access to use web sites that contain employment information in accordance with rules adopted by the department.

     (b) The department shall provide employment counseling and Internet assistance to a committed offender who qualifies for Internet access under subsection (a), by a person trained in employment counseling and the use of Internet employment services.

     (c) The department may restrict Internet access for a committed offender under subsection (a) if the committed offender:

(1) has a warrant or detainer seeking transfer of the person to a county or another jurisdiction;

(2) is no longer within ninety (90) days of release due to loss of educational credit or good time credit, or the imposition of an additional criminal sentence;

(3) does not reside in a department facility; or

(4) has engaged in misconduct involving use of the Internet.

As added by P.L.119-2008, SEC.9. Amended by P.L.74-2015, SEC.10.

 

IC 11-10-13Chapter 13. Costs of Incarceration
           11-10-13-1Methodology for determining the average daily cost of incarcerating an offender
           11-10-13-2Department's duty to determine the average daily cost of incarceration
           11-10-13-3Report of cost of incarceration to be provided to certain criminal courts
           11-10-13-4Report to be updated biannually; exception
           11-10-13-5Use of county data by the department
           11-10-13-6Annual actuarial study of projected costs of incarceration; study to be provided to legislative council
           11-10-13-7Rulemaking authority

 

IC 11-10-13-1Methodology for determining the average daily cost of incarcerating an offender

     Sec. 1. The department shall develop a methodology for determining the average daily cost of incarcerating an offender.

As added by P.L.85-2004, SEC.1.

 

IC 11-10-13-2Department's duty to determine the average daily cost of incarceration

     Sec. 2. The department shall determine the average daily cost of incarcerating an offender in:

(1) the department; and

(2) each county jail.

As added by P.L.85-2004, SEC.1.

 

IC 11-10-13-3Report of cost of incarceration to be provided to certain criminal courts

     Sec. 3. The department shall provide each court with jurisdiction over felony and misdemeanor cases with a report enumerating the average daily costs of incarcerating an offender.

As added by P.L.85-2004, SEC.1.

 

IC 11-10-13-4Report to be updated biannually; exception

     Sec. 4. (a) The department shall update the report described in section 3 of this chapter twice each calendar year. However, if the average daily cost of incarcerating an offender deviates less than one percent (1%) from the previous cost determination, the department is not required to update the report.

     (b) The department shall update the report described in section 3 of this chapter, if necessary, after receiving the semiannual incarceration cost analysis from each county sheriff under IC 36-2-13-5.

As added by P.L.85-2004, SEC.1.

 

IC 11-10-13-5Use of county data by the department

     Sec. 5. The department may use the semiannual incarceration cost analysis of a county sheriff under IC 36-2-13-5 as the daily cost of incarcerating an offender in that county jail.

As added by P.L.85-2004, SEC.1.

 

IC 11-10-13-6Annual actuarial study of projected costs of incarceration; study to be provided to legislative council

     Sec. 6. (a) The department shall annually conduct or contract with a third party to annually conduct an actuarially based study of projected costs of incarceration.

     (b) The study must:

(1) consider:

(A) the present and anticipated future costs of incarcerating the current inmate population;

(B) the effect of educational credit and good time credit;

(C) the effect of inmate mortality rates;

(D) the projected increase in costs of incarceration; and

(E) any other factor determined to be relevant by the department or the third party contractor; and

(2) provide an analysis of the projected costs of incarceration for each subsequent calendar year after the year the study is conducted until each inmate in the current inmate population is no longer serving the executed sentence for which the inmate is incarcerated in the department.

     (c) Before July 1 of each year, the department shall provide the legislative council with the results of the study. The department shall provide the results in an electronic format under IC 5-14-6.

As added by P.L.85-2004, SEC.1. Amended by P.L.74-2015, SEC.11.

 

IC 11-10-13-7Rulemaking authority

     Sec. 7. The department may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.85-2004, SEC.1.

 

IC 11-10-14Chapter 14. Transitional Dormitories
           11-10-14-1Transitional dormitory
           11-10-14-2Programming and training; volunteers; contract with faith based organization
           11-10-14-3Application; eligibility
           11-10-14-4Director; responsibilities
           11-10-14-5Report to legislative council

 

IC 11-10-14-1Transitional dormitory

     Sec. 1. Before January 1, 2007, the department may provide a transitional dormitory at any security facility approved by the commissioner.

As added by P.L.213-2005, SEC.1.

 

IC 11-10-14-2Programming and training; volunteers; contract with faith based organization

     Sec. 2. (a) A transitional dormitory may provide programming and training in the following areas:

(1) Drug addiction and alcoholism treatment.

(2) Employment skills and vocations.

(3) Personal responsibility.

(4) Faith and religion.

(5) Peer support.

(6) Motivation.

     (b) Except as provided in subsection (c), the department shall:

(1) use volunteers recruited under section 4(b)(2) of this chapter; and

(2) provide other staff;

necessary for the operation of a transitional dormitory.

     (c) The department may contract with a faith based organization to provide staff necessary for the operation of a transitional dormitory.

As added by P.L.213-2005, SEC.1.

 

IC 11-10-14-3Application; eligibility

     Sec. 3. (a) An offender who wishes to reside in a transitional dormitory must submit a written application to the director of the transitional dormitory. An application must be on a form prescribed by the department.

     (b) The director shall review each application and, not more than thirty (30) days after receipt of the application, issue a written decision to the offender.

     (c) The director may determine eligibility based on the following criteria:

(1) A preference shall be given to an offender who has less than twenty-four (24) months until the offender's expected release date.

(2) Previous disciplinary action taken against an offender under IC 11-11-5-3.

(3) Security risks presented by admitting an offender to a transitional dormitory.

(4) An offender's demonstrated interest in the programs offered by a transitional dormitory.

(5) An offender's previous attempts to reside in a transitional dormitory at any penal facility.

(6) Other criteria developed by the department.

     (d) An offender being treated under IC 11-10-4 is ineligible for placement in a transitional dormitory unless a psychiatrist treating the offender certifies to the director at or near the time the offender submits an application under subsection (a) that the offender can meaningfully participate in the programs offered by a transitional dormitory.

As added by P.L.213-2005, SEC.1.

 

IC 11-10-14-4Director; responsibilities

     Sec. 4. (a) The department shall select a person to be the director of each transitional dormitory. The department may select a person to be a director who is employed by a faith based organization.

     (b) The director's responsibilities include the following:

(1) Implement each program component.

(2) Recruit volunteers to provide instruction and training in the transitional dormitory with an emphasis on recruiting volunteers for religious programs.

(3) Oversee the day to day operations of the transitional dormitory.

(4) Provide information requested by the warden regarding an offender or a program.

(5) Remove an offender from the transitional dormitory for:

(A) population management concerns;

(B) misconduct;

(C) security or safety concerns;

(D) mental health concerns; or

(E) lack of meaningful participation in the programs and training.

As added by P.L.213-2005, SEC.1. Amended by P.L.67-2017, SEC.8.

 

IC 11-10-14-5Report to legislative council

     Sec. 5. (a) The department shall submit an evaluation report to the legislative council on the faith based transitional dormitory program one (1) year after its inception and continue to provide a report to the legislative council on or before December 1 of each year.

     (b) The report described in subsection (a) must be in an electronic format under IC 5-14-6.

     (c) The report described in subsection (a) must contain the following:

(1) An extensive evaluation of the faith based transitional dormitory program.

(2) Statistics that include the number of inmates who:

(A) have enrolled in a faith based transitional dormitory program;

(B) have completed a faith based transitional dormitory program; and

(C) have been released from the department and did not participate in a faith based transitional dormitory program.

(3) The results of a survey of the employees of faith based transitional dormitories. The survey must ask the employees their opinions concerning the progress of the faith based transitional dormitories, how the program could improve, and how the program is successful.

As added by P.L.213-2005, SEC.1.

 

IC 11-10-15Chapter 15. Offender Reentry Administrative Account
           11-10-15-1Eligibility
           11-10-15-2Offender's earnings
           11-10-15-3Withdrawal of funds
           11-10-15-4Offender released or discharged from incarceration
           11-10-15-5Closure of account
           11-10-15-6Fiduciary duty

 

IC 11-10-15-1Eligibility

     Sec. 1. (a) An offender is not eligible for an offender reentry administrative account under this chapter if the offender's expected release date is after the date when the offender would be eighty (80) years of age, except if:

(1) the offender's appeals have not been exhausted;

(2) the department determines the offender may have an offender reentry administrative account; and

(3) the offender agrees to have an offender reentry administrative account.

An offender reentry administrative account established for an offender described in this subsection is subject to all other department rules concerning offender reentry administrative accounts.

     (b) Except as provided in subsection (a), the department shall provide each offender who has earnings under IC 11-10-6, IC 11-10-7, or IC 11-10-8 with an offender reentry administrative account.

As added by P.L.104-2009, SEC.4.

 

IC 11-10-15-2Offender's earnings

     Sec. 2. The part of an offender's earnings distributed under IC 11-10-6-3(d), IC 11-10-7-5(a)(6), or IC 11-10-8-6(a)(8) shall be deposited in the offender reentry administrative account of the offender.

As added by P.L.104-2009, SEC.4.

 

IC 11-10-15-3Withdrawal of funds

     Sec. 3. The funds in the offender reentry administrative account of an offender may not be withdrawn before the offender's release or discharge from incarceration by the department.

As added by P.L.104-2009, SEC.4.

 

IC 11-10-15-4Offender released or discharged from incarceration

     Sec. 4. When an offender is released or discharged from incarceration by the department, the department shall issue the offender a check for the balance in the offender's offender reentry administrative account.

As added by P.L.104-2009, SEC.4.

 

IC 11-10-15-5Closure of account

     Sec. 5. Once an offender reentry administrative account has been established under this chapter, the account may not be closed until the offender is no longer confined with the department.

As added by P.L.104-2009, SEC.4.

 

IC 11-10-15-6Fiduciary duty

     Sec. 6. The department owes a fiduciary duty to an offender who has an offender reentry administrative account for any funds deposited into the offender's reentry administrative account.

As added by P.L.104-2009, SEC.4.

 

IC 11-10-16Chapter 16. Specialized Vocational Program
           11-10-16-1Specialized vocational programs; eligible inmates
           11-10-16-2Admission criteria
           11-10-16-3Program directors; duties
           11-10-16-4Program applications

 

IC 11-10-16-1Specialized vocational programs; eligible inmates

     Sec. 1. (a) The department may provide a specialized vocational program to train minimum security risk inmates in a trade that is capable of providing an inmate with employment paying a sustainable wage.

     (b) The specialized vocational program may include, but is not limited to, training in:

(1) truck driving;

(2) manufacturing;

(3) plumbing;

(4) heating, ventilation, and air conditioning;

(5) construction; and

(6) diesel technology.

     (c) An inmate may participate in a specialized vocational program only if the inmate is eligible to work outside a perimeter fence.

As added by P.L.73-2015, SEC.1.

 

IC 11-10-16-2Admission criteria

     Sec. 2. (a) The department may require the following criteria for admission into a specialized vocational program:

(1) An inmate with less than twenty-four (24) months until the inmate's expected release date may be given preference for participation in the specialized vocational program.

(2) An inmate who has been disciplined for misconduct within the previous year is not eligible for participation in the specialized vocational program.

(3) An inmate who presents a security risk is not eligible for participation in the specialized vocational program.

(4) An inmate who is under the care of a physician is eligible for participation in the specialized vocational program if the physician determines that the inmate can meaningfully and safely participate in the program.

     (b) The department may require an inmate to have successfully completed or be currently enrolled in other programs provided by the department, including:

(1) a drug addiction and alcoholism treatment program;

(2) an employment skills and vocational program;

(3) a personal responsibility program;

(4) a peer support program;

(5) a motivation program;

(6) a parenting program; and

(7) a program in preparation for a state of Indiana high school equivalency diploma.

As added by P.L.73-2015, SEC.1.

 

IC 11-10-16-3Program directors; duties

     Sec. 3. (a) The warden may appoint a person to direct the specialized vocational program. Each facility that has a specialized vocational program must have a facility manager to direct the program.

     (b) The director shall do the following:

(1) Establish and oversee the day to day operations of the specialized vocational program.

(2) Recruit volunteers and businesses to provide instruction and training in:

(A) the specialized vocational program; and

(B) any related certification program.

(3) Provide information requested by the warden regarding an inmate or a specialized vocational program.

(4) Determine the appropriate number of inmates in each specialized vocational program, considering the availability of:

(A) qualified staff; and

(B) appropriate facilities and equipment.

The director may remove one (1) or more inmates from a program if necessary to comply with this subdivision.

(5) Remove an inmate from a specialized vocational program at any time due to:

(A) misconduct;

(B) security issues;

(C) safety issues;

(D) health concerns; or

(E) lack of meaningful participation in the program.

(6) Carry out other duties concerning the specialized vocational program as directed by the warden.

As added by P.L.73-2015, SEC.1. Amended by P.L.67-2017, SEC.9.

 

IC 11-10-16-4Program applications

     Sec. 4. (a) An inmate who wishes to participate in a specialized vocational program must submit a written application to the director. The application must be on a form prescribed by the department.

     (b) The director shall review each application and, not more than thirty (30) days after receipt of the application, issue a written decision to the inmate.

     (c) The director shall determine eligibility in accordance with this chapter. In addition, the director may consider any other relevant information contained in the inmate's written application that may have a bearing on the inmate's ability to successfully complete the specialized vocational program, including the inmate's demonstrated interest in the program.

As added by P.L.73-2015, SEC.1.

 

IC 11-11ARTICLE 11. CORRECTIONAL STANDARDS AND PROCEDURES
           Ch. 1.Grievance Procedure
           Ch. 1.5.Department of Correction Ombudsman Bureau
           Ch. 2.Searches and Seizures
           Ch. 3.Correspondence, Censorship, and Visitation
           Ch. 4.Religious and Personal Expression
           Ch. 5.Conduct and Discipline
           Ch. 6.Safe, Healthful Environment and Inspection
           Ch. 7.Access to Legal Materials

 

IC 11-11-1Chapter 1. Grievance Procedure
           11-11-1-1"Administrative act" defined
           11-11-1-2Submission of grievances; minimum requirements
           11-11-1-3Utilization of committed persons in grievance procedure
           11-11-1-4Procedure

 

IC 11-11-1-1"Administrative act" defined

     Sec. 1. As used in this chapter, "administrative act" means an action, decision, directive, omission, policy, practice, procedure, or rule of the department or one (1) of its employees.

As added by Acts 1979, P.L.120, SEC.4.

 

IC 11-11-1-2Submission of grievances; minimum requirements

     Sec. 2. The commissioner shall implement a departmental procedure in which a committed person may submit grievances arising out of the administrative acts of the department that affect that person. Although the procedure should encourage flexibility and informality in the resolution of grievances, it must be consistent with the following minimum requirements:

(1) A committed person shall be informed of the grievance procedure as part of his orientation.

(2) The department must periodically communicate to a committed person the rules and policies affecting him.

(3) The department shall keep the person reasonably informed as to the status and ultimate disposition of his grievance.

(4) The department may not undertake any act or practice that would discipline a person for, or otherwise discourage or limit him from, utilizing the grievance procedure.

As added by Acts 1979, P.L.120, SEC.4.

 

IC 11-11-1-3Utilization of committed persons in grievance procedure

     Sec. 3. The procedure established under section 2 of this chapter may provide for the utilization of committed persons in the grievance procedure.

As added by Acts 1979, P.L.120, SEC.4.

 

IC 11-11-1-4Procedure

     Sec. 4. For purposes of IC 4-22-2, the term "procedure" as used in this section relates solely to internal policy and procedure not having the force of law.

As added by Acts 1979, P.L.120, SEC.4.

 

IC 11-11-1.5Chapter 1.5. Department of Correction Ombudsman Bureau
           11-11-1.5-1"Bureau" defined
           11-11-1.5-2"Ombudsman" defined
           11-11-1.5-3Access to records and other facilities
           11-11-1.5-4Office space for ombudsman bureau
           11-11-1.5-5No investigation of certain employment complaints

 

IC 11-11-1.5-1"Bureau" defined

     Sec. 1. As used in this chapter, "bureau" refers to the department of correction ombudsman bureau established within the department of administration by IC 4-13-1.2-3. The term includes individuals approved to act in the capacity of ombudsmen by the department of correction ombudsman bureau.

As added by P.L.292-2001, SEC.5.

 

IC 11-11-1.5-2"Ombudsman" defined

     Sec. 2. As used in this chapter, "ombudsman" means an employee of the bureau or an individual approved by the bureau to investigate and resolve complaints regarding the health and safety of any person, and violations by the department of specific laws, rules, or written policies.

As added by P.L.292-2001, SEC.5.

 

IC 11-11-1.5-3Access to records and other facilities

     Sec. 3. The department shall provide an ombudsman with:

(1) appropriate access to the records of an offender who files a complaint under this chapter; and

(2) immediate access to any correctional facility administered or supervised by the department of correction.

As added by P.L.292-2001, SEC.5.

 

IC 11-11-1.5-4Office space for ombudsman bureau

     Sec. 4. The Indiana department of administration shall provide and maintain office space for the bureau.

As added by P.L.292-2001, SEC.5.

 

IC 11-11-1.5-5No investigation of certain employment complaints

     Sec. 5. An ombudsman shall not investigate a complaint from an employee of the department that relates to the employee's employment relationship with the department.

As added by P.L.292-2001, SEC.5.

 

IC 11-11-2Chapter 2. Searches and Seizures
           11-11-2-1Definitions
           11-11-2-2Prohibited property; notification of classification; permitted property
           11-11-2-3Procedure for reasonable searches and seizures
           11-11-2-4Seized property; written notice to affected person; disposition
           11-11-2-5Limitation on amount of property confined person may possess; disposition of property beyond permissible limits
           11-11-2-6Inmate fraud investigation; freezing accounts; coordination with prosecuting attorney; disposition of unlawful proceeds

 

IC 11-11-2-1Definitions

     Sec. 1. As used in this chapter:

     "Contraband" means property the possession of which is in violation of an Indiana or federal statute.

     "Prohibited property" means property other than contraband that the department does not permit a confined person to possess. The term includes money in a confined person's account that was derived from inmate fraud (IC 35-43-5-20).

As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.81-2008, SEC.2.

 

IC 11-11-2-2Prohibited property; notification of classification; permitted property

     Sec. 2. The department shall determine what type of property other than contraband a confined person may not possess and shall inform him of that classification. In carrying out this section, the department may inform a confined person of the type or items of property he is permitted to possess, in which event all other property not contraband is prohibited property. Property that a confined person is otherwise permitted to possess may become prohibited property due to the means by which it is possessed or used.

As added by Acts 1979, P.L.120, SEC.4.

 

IC 11-11-2-3Procedure for reasonable searches and seizures

     Sec. 3. (a) The department may conduct reasonable searches of its facilities and persons confined in them and may seize contraband or prohibited property.

     (b) Searches and seizures shall be conducted so as to avoid unnecessary force, embarrassment, or indignity to confined persons. The department shall establish procedures for searches and seizures.

     (c) For purposes of IC 4-22-2, the term "procedures" as used in this section relates solely to internal policy and procedure not having the force of law.

As added by Acts 1979, P.L.120, SEC.4.

 

IC 11-11-2-4Seized property; written notice to affected person; disposition

     Sec. 4. (a) When the department seizes property, it shall give the affected person written notice of the seizure. This notice must include the date of the seizure, the property seized, the name of the person who seized the property, the reason for the seizure, and the fact that the department's action may be challenged through the grievance procedure.

     (b) When the department seizes property of a confined person that it later determines is neither contraband nor prohibited property, it shall return the property to that person or make such other reasonable disposition as directed by that person.

     (c) Except as provided in subsection (d) or section 6 of this chapter, when the department seizes prohibited property, it shall forward the property to a person or address designated by the confined person or make any other reasonable disposition.

     (d) Except as provided in section 6 of this chapter, money seized as prohibited property shall be deposited in the inmate recreation fund of that institution established under IC 4-24-6-6.

As added by Acts 1979, P.L.120, SEC.4. Amended by Acts 1980, P.L.87, SEC.6; P.L.81-2008, SEC.3.

 

IC 11-11-2-5Limitation on amount of property confined person may possess; disposition of property beyond permissible limits

     Sec. 5. The department may, for purposes of maintaining the security of its facilities and programs, securing the health and safety of individuals, and promoting administrative manageability, limit the amount of property a confined person may possess at any one time. The department may seize and dispose of property accumulated by a committed person beyond permissible limits in accord with the provisions of this chapter governing the seizure and disposition of prohibited property.

As added by Acts 1979, P.L.120, SEC.4.

 

IC 11-11-2-6Inmate fraud investigation; freezing accounts; coordination with prosecuting attorney; disposition of unlawful proceeds

     Sec. 6. (a) This section applies if the department has reasonable suspicion that money in a confined person's account was derived from the commission of inmate fraud (IC 35-43-5-20).

     (b) If the department has reasonable suspicion that money in a confined person's account was derived from the commission of inmate fraud, the department may freeze all or a part of the confined person's account for not more than one hundred eighty (180) days while the department conducts an investigation to determine whether money in the confined person's account derives from inmate fraud. If the department freezes the account of a confined person under this subsection, the department shall notify the confined person in writing.

     (c) If the department's investigation reveals that no money in the confined person's account was derived from inmate fraud, the department shall unfreeze the account at the conclusion of the investigation.

     (d) If the department's investigation reveals that money in the confined person's account may have been derived from the commission of inmate fraud, the department shall notify the prosecuting attorney of the results of the department's investigation.

     (e) If the prosecuting attorney charges the confined person with inmate fraud, the department shall freeze the confined person's account until the case reaches final judgment.

     (f) If the prosecuting attorney does not charge the confined person with inmate fraud, or if the confined person is acquitted of the charge of inmate fraud, the department shall unfreeze the confined person's account.

     (g) If the confined person is convicted of inmate fraud, the department, in consultation with the prosecuting attorney, shall locate the money or property derived from inmate fraud and return it to the rightful owner.

     (h) If, ninety (90) days after the date of a confined person's conviction for inmate fraud, the department has located the money or property derived from the commission of inmate fraud but is unable to return the money to the rightful owner, the department shall deposit the money in the violent crime victims compensation fund established by IC 5-2-6.1-40.

As added by P.L.81-2008, SEC.4.

 

IC 11-11-3Chapter 3. Correspondence, Censorship, and Visitation
           11-11-3-1Construction of terms
           11-11-3-2Unlimited correspondence; exceptions; prior approval
           11-11-3-3Repealed
           11-11-3-4Inspecting and reading correspondence; removal of items
           11-11-3-5Stationery, envelopes, and postage
           11-11-3-6Printed matter
           11-11-3-7Incoming and outgoing packages; inspection; notice of removal of funds, contraband, or prohibited property
           11-11-3-8Visitors; reasonable restriction
           11-11-3-9Visitors; prohibition; notice to confined person

 

IC 11-11-3-1Construction of terms

     Sec. 1. As used in this chapter, the terms defined in IC 11-11-2-1 have the meanings set out in that section.

As added by Acts 1979, P.L.120, SEC.4.

 

IC 11-11-3-2Unlimited correspondence; exceptions; prior approval

     Sec. 2. (a) A confined person may send and receive, in any language, an unlimited amount of correspondence to or from any person, except as provided by subsection (b).

     (b) The department may require prior approval of correspondence between a confined person and another person if the other person is on parole or:

(1) is being held in a correctional facility;

(2) has been sentenced to a community corrections program;

(3) is being held in a county jail; or

(4) is participating in a work release program;

operated by the department, a county sheriff, a county, the United States, or any state.

     (c) If the department determines that the correspondence referred to under subsection (b) is in the best interest of both the confined person and the facility involved, such correspondence shall be permitted.

     (d) When the department has prohibited correspondence referred to under subsection (b) it shall follow the procedure for notification and availability of the grievance procedure as provided in sections 4(d) and 4(e) of this chapter.

As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.150-1983, SEC.1; P.L.101-2006, SEC.21.

 

IC 11-11-3-3Repealed

As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.99-1986, SEC.1. Repealed by P.L.145-1995, SEC.2.

 

IC 11-11-3-4Inspecting and reading correspondence; removal of items

     Sec. 4. (a) The department may read and examine correspondence sent to or from a confined person unless it is clearly marked as correspondence that is privileged under state or federal law. The department may not disclose the contents of the correspondence to another person unless:

(1) the department has reasonable grounds to believe that the correspondence:

(A) poses an immediate danger to the safety of an individual or a serious threat to the security of the facility or program; or

(B) is prohibited under section 2(b) of this chapter;

(2) the correspondence contains contraband or prohibited property;

(3) the confined person has been:

(A) convicted of a crime that involved the use of correspondence to engage in an illegal activity; or

(B) found guilty after a hearing conducted by the department of using correspondence to commit misconduct;

(4) the department receives a written request from a supervising authority of any federal or state law enforcement agency stating that the agency has reasonable grounds to believe that a crime is being committed or has been committed by the confined person and that the department should monitor the confined person's correspondence; or

(5) the department has reasonable grounds to believe that the correspondence may pose a threat to national security.

     (b) The department may open correspondence that is sent to or from a confined person to inspect for and remove contraband or prohibited property and to permit removal of funds for crediting to the confined person's account. The correspondence may not be read, censored, copied, or otherwise interfered with in regard to its prompt delivery unless it is not clearly marked as correspondence that is privileged by other law and:

(1) the department has reasonable grounds to believe that the correspondence:

(A) poses an immediate danger to the safety of an individual or a serious threat to the security of the facility or program; or

(B) is prohibited under section 2(b) of this chapter;

(2) the correspondence contains contraband or prohibited property;

(3) the confined person has been:

(A) convicted of a crime that involved the use of correspondence to engage in an illegal activity; or

(B) found guilty after a hearing conducted by the department of using correspondence to commit misconduct;

(4) the department receives a written request from a supervising authority of any federal or state law enforcement agency stating that the agency has reasonable grounds to believe that a crime is being committed or has been committed by the confined person and that the department should monitor the confined person's correspondence; or

(5) the department has reasonable grounds to believe that the correspondence may pose a threat to national security.

     (c) The department may adopt procedures to inspect correspondence to or from an offender to determine whether the correspondence contains contraband or prohibited property under subsection (a) or (b). The department shall inform the offender whenever the department removes the offender's funds under subsection (b), including the dollar amount.

     (d) For purposes of this section, disagreement with the sender's or receiver's apparent moral, political, ethical, ethnic, or religious values or attitudes, veracity, or choice of words may not be used as a reason for censoring, copying, delaying, or disallowing the delivery of a personal communication.

     (e) This subsection does not apply to correspondence described under subsection (a)(4), (a)(5), (b)(4), or (b)(5). If the department delays, censors, copies, or withholds correspondence, it shall promptly notify the person. The notice must be in writing and specify the reason for the action, the name of the sender, the date of any postmark, the date the correspondence was received or deposited at the facility or program, the proposed disposition to be made of the correspondence, the name of the person who made the decision, and the fact that the department's action may be challenged through the grievance procedure.

     (f) The department shall maintain a record of each decision to withhold, copy, delay, or otherwise interfere with the prompt transmission of correspondence. This record must indicate the information set forth in the notice prescribed in subsection (e). The department shall establish policies to ensure that the contents of any monitored correspondence shall be shared only with necessary department staff. However, if the department believes that any correspondence contains evidence of criminal activity, that correspondence, or a copy, may be shared with appropriate federal or state law enforcement officials.

As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.150-1983, SEC.2; P.L.99-1986, SEC.2; P.L.145-1995, SEC.1; P.L.103-1999, SEC.1; P.L.101-2006, SEC.22.

 

IC 11-11-3-5Stationery, envelopes, and postage

     Sec. 5. (a) The department shall provide a confined person, without cost, a reasonable amount of stationery, envelopes, and postage for transmission of correspondence, and shall make available for purchase additional stationery, envelopes, and postage.

     (b) A confined person may elect to use another method of correspondence offered by the department instead of using stationery, envelopes, and postage provided by the department.

As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.78-2015, SEC.1.

 

IC 11-11-3-6Printed matter

     Sec. 6. (a) A confined person may acquire and possess printed matter on any subject, from any source. However, unless a confined person or the sender receives prior approval from the warden for the confined person to receive a book, magazine, newspaper, or other periodical from another source, a confined person may receive a book, magazine, newspaper, or other periodical only if it is mailed to the confined person directly from the publisher, the distributor, or an accredited postsecondary educational institution. The department may inspect all printed matter and exclude any material that is contraband or prohibited property. However, in the case of a confined adult, the department may not exclude printed matter on the grounds it is obscene or pornographic unless it is obscene under Indiana law. A periodical may be excluded only on an issue by issue basis. Printed matter obtained at cost to the confined person must be prepaid.

     (b) If the department withholds printed matter, it must promptly notify the confined person. The notice must be in writing and include the title of the matter, the date the matter was received at the facility or program, the name of the person who made the decision, whether the matter is objectionable in whole or in part, the reason for the decision, and the fact that the department's action may be challenged through the grievance procedure.

As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.156-1999, SEC.1; P.L.2-2007, SEC.152; P.L.67-2017, SEC.10.

 

IC 11-11-3-7Incoming and outgoing packages; inspection; notice of removal of funds, contraband, or prohibited property

     Sec. 7. The department may open all incoming and outgoing packages to inspect for and remove funds, contraband, or prohibited property. If the department removes contraband or prohibited property, it must notify the confined person of the removal. The notice must be in writing and include a description of the property, the date it was received at the facility or program, the name of the person who made the decision, the reason for the action, and the fact that the action may be challenged through the grievance procedure. A confined person must be informed in writing of the removal of funds, including the amount.

As added by Acts 1979, P.L.120, SEC.4.

 

IC 11-11-3-8Visitors; reasonable restriction

     Sec. 8. A confined person may receive visitors at reasonable times. The department may, for the purpose of maintaining the security of its facilities and programs, the safety of individuals, and administrative manageability, place reasonable restrictions on visits consistent with the following:

(1) Visits may be conducted in areas where a confined person and his visitors are not physically separated and that allow for as much informality and privacy as possible. Contact visits may be denied for a confined person who is assigned to a maximum security unit.

(2) Any restrictions regarding visiting times, the number of visitors a person may receive on a particular occasion or during a designated period of time, or the duration of a particular visit must take into account the accessibility of the facility or program to the visiting public, including sources of public transportation to or from the facility or program, and the distance a potential visitor must travel to visit with an offender.

(3) Any restrictions imposed on visitation under this section must be communicated to the confined person and be made accessible to the visiting public.

(4) The department may not impose restrictions on visitation that obstruct the availability of adequate legal representation, although an attorney or his agent may be required to visit during normal departmental working hours or at other reasonable times.

As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.97-1988, SEC.1.

 

IC 11-11-3-9Visitors; prohibition; notice to confined person

     Sec. 9. (a) A person may be prohibited from visiting a confined person, or the visit may be restricted to an extent greater than allowed under section 8 of this chapter, if the department has reasonable grounds to believe that the visit would threaten the security of the facility or program or the safety of individuals.

     (b) The department may restrict any person less than eighteen (18) years of age from visiting an offender, if:

(1) the offender has been:

(A) convicted of a sex offense under IC 35-42-4; or

(B) adjudicated delinquent as a result of an act that would be considered a sex offense under IC 35-42-4 if committed by an adult; and

(2) the victim of the sex offense was less than eighteen (18) years of age at the time of the offense.

     (c) If the department prohibits or restricts visitation between a confined person and another person under this section, it shall notify the confined person of that prohibition or restriction. The notice must be in writing and include the reason for the action, the name of the person who made the decision, and the fact that the action may be challenged through the grievance procedure.

     (d) The department shall establish written guidelines for implementing this section.

As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.97-1988, SEC.2; P.L.85-2004, SEC.38.

 

IC 11-11-4Chapter 4. Religious and Personal Expression
           11-11-4-1Confined person's rights
           11-11-4-2Supervision and control to maintain sanitary, safe, and secure environment

 

IC 11-11-4-1Confined person's rights

     Sec. 1. (a) A confined person is entitled to believe in the religion of his choice; and attendance at religious services or belief in any religion is not required. To the greatest extent possible, consistent with the security of facilities and programs and departmental resources, a confined person is entitled:

(1) to a diet sufficient to sustain good health, consistent with the dietary practices of his religion;

(2) to observe the religious days of worship or holidays of his religion;

(3) to possess and wear religious artifacts;

(4) to receive and possess religious literature; and

(5) to communicate, correspond with, and be visited by a clergyman or religious counselor of his choice.

     (b) Except at a confined person's request, the department may not release information about his religious practices or affiliation in a way that would be individually identifiable.

As added by Acts 1979, P.L.120, SEC.4.

 

IC 11-11-4-2Supervision and control to maintain sanitary, safe, and secure environment

     Sec. 2. The department may supervise and control the hygiene, grooming, and attire of confined offenders to the extent reasonably necessary to maintain a sanitary, safe, and secure environment.

As added by Acts 1979, P.L.120, SEC.4.

 

IC 11-11-5Chapter 5. Conduct and Discipline
           11-11-5-1Application of chapter
           11-11-5-2Rules; adoption
           11-11-5-3Disciplinary actions; permissible
           11-11-5-4Disciplinary actions; not permissible
           11-11-5-5Disciplinary actions; hearing; advice and representation; timeliness of charge; witnesses; evidence; use of statements in criminal proceedings
           11-11-5-6Segregation; review of status
           11-11-5-7Need for and appropriateness of continued segregation; review
           11-11-5-8Suspension of rights or procedures during emergency

 

IC 11-11-5-1Application of chapter

     Sec. 1. (a) This chapter applies to persons:

(1) placed in a community corrections program; or

(2) assigned to a community transition program.

     (b) This chapter does not apply to persons released on parole.

As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.105-2010, SEC.1.

 

IC 11-11-5-2Rules; adoption

     Sec. 2. The department shall adopt rules for the maintenance of order and discipline among committed persons. These rules must describe the conduct for which disciplinary action may be imposed, the type of disciplinary action that may be taken, and the disciplinary procedure to be followed. These rules shall be made available to all committed persons. The disciplinary action imposed must be proportionate to the seriousness of the violation. For purposes of IC 4-22-2, the term "rule" as used in this section relates solely to internal policy and procedure not having the force of law.

As added by Acts 1979, P.L.120, SEC.4.

 

IC 11-11-5-3Disciplinary actions; permissible

     Sec. 3. The department may impose any of the following as disciplinary action:

(1) A report, which may be made part of the person's record.

(2) Extra work.

(3) Loss or limitation of privileges.

(4) Change in work assignment.

(5) Restitution.

(6) Change in security classification.

(7) Transfer to another facility or program.

(8) Segregation from the general population of the facility or program for a fixed period of time.

(9) Reassignment to a lower credit time class under IC 35-50-6-4.

(10) Deprivation of earned educational credit or good time credit under IC 35-50-6-5.

As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.74-2015, SEC.12.

 

IC 11-11-5-4Disciplinary actions; not permissible

     Sec. 4. The department may not impose the following as disciplinary action:

(1) Corporal punishment.

(2) Confinement without an opportunity for at least one (1) hour of exercise five (5) days each week outside of immediate living quarters, unless the department finds and documents that this opportunity will jeopardize the physical safety of the offender, or others, or the security of the facility or program.

(3) A substantial change in heating, lighting, or ventilation.

(4) Restrictions on clothing, bedding, mail, visitation, reading and writing materials, or the use of hygienic facilities, except for abuse of these.

(5) Restrictions on:

(A) medical and dental care;

(B) access to courts, unless a committed person has brought a claim in a state or an administrative court, that the court determines to be frivolous, unreasonable, or groundless;

(C) access to legal counsel, government officials, or grievance proceedings; and

(D) access to personal legal papers and legal research materials.

(6) A deviation from the diet provided to other committed persons in that facility or program.

(7) Extra work exceeding a total of twenty (20) hours for one (1) rule violation, or exceeding four (4) hours in any twenty-four (24) hour period.

As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.146-1995, SEC.1; P.L.43-2002, SEC.2.

 

IC 11-11-5-5Disciplinary actions; hearing; advice and representation; timeliness of charge; witnesses; evidence; use of statements in criminal proceedings

     Sec. 5. (a) Before imposing any disciplinary action, the department shall afford the person charged with misconduct a hearing to determine his guilt or innocence and, if guilty, the appropriate action. The charged person may waive his right to a hearing. Also, before a charge is made, that person and a departmental employee may agree to the types of disciplinary action enumerated in sections 3(2) and 3(3) of this chapter if no record of the conduct or disciplinary action is placed in the person's file. In connection with the hearing, the person is entitled to:

(1) have not less than twenty-four (24) hours advance written notice of the date, time, and place of the hearing, and of the alleged misconduct, and the rule the misconduct is alleged to have violated;

(2) have reasonable time to prepare for the hearing;

(3) have an impartial decisionmaker;

(4) appear and speak in his own behalf;

(5) call witnesses and present evidence unless the person conducting the hearing finds that to do so would subject a witness to a substantial risk of harm, or would result in the admission of irrelevant or repetitive testimony;

(6) confront and cross-examine witnesses, unless the person conducting the hearing finds:

(A) that to do so would subject a witness to a substantial risk of harm;

(B) that to do so would result in the admission of irrelevant or repetitive testimony; or

(C) based upon good cause stated on the record, that a witness is unavailable to attend the hearing;

(7) have advice and representation by a lay advocate of his choice, if that lay advocate is available in the institution at the time of the hearing, in those hearings based upon a charge of institutional misconduct when the department determines he lacks the competency to understand the issues involved or to participate in the hearing, or when the punishment may be that specified in:

(A) section 3(5) of this chapter if the restitution is more than two hundred dollars ($200);

(B) section 3(8) of this chapter if the segregation is for more than fifteen (15) days; or

(C) section 3(6), 3(9), or 3(10) of this chapter;

(8) have a written statement of the findings of fact, the evidence relied upon, and the reasons for the action taken;

(9) have immunity if his testimony is used in any criminal proceeding;

(10) have his record expunged of any reference to the charge if he is found not guilty or if a finding of guilt is later overturned; and

(11) be reimbursed for state wages lost due to action taken pending the hearing if he is found not guilty or if a finding of guilt is later overturned.

Any finding of guilt must be supported by a preponderance of the evidence presented at the hearing.

     (b) The department may not charge a committed person with a disciplinary rule violation unless it does so within ten (10) days of the date it becomes aware of that person's alleged involvement in misconduct.

     (c) Consistent with the objective of adequate and effective representation and the integrity of the hearing system the department may adopt regulations which may limit the pool of persons eligible to advise and represent accused persons to inmates in the general population. In any event, facility or program employees and inmates may not directly or indirectly charge for advice or representation.

     (d) Any statement made by an accused person to departmental employees during the course of an investigation or hearing is not admissible against him in any criminal proceeding arising out of the same incident unless the accused:

(1) was informed:

(i) of his right to remain silent;

(ii) that anything he says can and will be used against him in court;

(iii) of his right to have an attorney present during any questioning;

(iv) his right to have an attorney appointed for him if he is unable to afford an attorney; and

(v) that if he decides to answer any questions, he may stop answering at any time during the interrogation; and

(2) voluntarily, knowingly, and intelligently waived his rights under subdivision (1) to remain silent or to have an attorney present, or both.

As added by Acts 1979, P.L.120, SEC.4. Amended by Acts 1980, P.L.87, SEC.7; P.L.99-1986, SEC.3; P.L.135-1993, SEC.4.

 

IC 11-11-5-6Segregation; review of status

     Sec. 6. Disciplinary action may not be taken against a person before a determination of guilt. However, a person charged with misconduct may be confined or separated from the general population of the facility or program for a reasonable period of time if his continued presence in the general population poses a serious threat to himself, others, property, or the security of the facility or program. The department must review the status of that person at least once every five (5) days to determine if the reason for segregation still exists. Any time spent confined or separated from the general population before a determination of guilt must be credited toward any period of disciplinary segregation imposed.

As added by Acts 1979, P.L.120, SEC.4.

 

IC 11-11-5-7Need for and appropriateness of continued segregation; review

     Sec. 7. (a) The need for and appropriateness of continued segregation of a person committed to the department under the laws of Indiana or another jurisdiction concerning custody of adults, and segregated from the general population upon a finding of misconduct, shall be reviewed by the department at least once every thirty (30) days.

     (b) The need for and appropriateness of continued segregation of a person committed to the department under the laws of Indiana or another jurisdiction concerning custody of juveniles, and segregated from the general population upon a finding of misconduct, shall be reviewed by the department at least once every three (3) days.

As added by Acts 1979, P.L.120, SEC.4.

 

IC 11-11-5-8Suspension of rights or procedures during emergency

     Sec. 8. Any of the rights or procedures enumerated in this chapter may be suspended upon declaration by the official in charge of the facility or program that there exists an emergency situation threatening the general security of the facility or program. The rights or procedures again apply upon declaration by the official in charge of the facility or program that the emergency has been resolved.

As added by Acts 1979, P.L.120, SEC.4.

 

IC 11-11-6Chapter 6. Safe, Healthful Environment and Inspection
           11-11-6-1Policies and procedures; adoption
           11-11-6-2Compliance with federal and state laws; inspections; correction of conditions; authority of department of health and fire marshal

 

IC 11-11-6-1Policies and procedures; adoption

     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) 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.

As added by Acts 1979, P.L.120, SEC.4.

 

IC 11-11-6-2Compliance with federal and state laws; inspections; correction of conditions; authority of department of health and fire marshal

     Sec. 2. (a) The facilities of the department must comply with federal and state health, sanitation, safety, and fire laws applicable to dwellings, food establishments, eating facilities, and public buildings.

     (b) Each department facility shall be inspected at least annually by:

(1) the state department of health if the facility is not accredited by a nationally recognized accrediting organization; and

(2) the state fire marshal;

who shall, within fifteen (15) days of the inspection, file a written report with the commissioner listing all unsafe, unsanitary, or unhealthy conditions within a facility that constitute a menace to the health, safety, and welfare of committed persons or department employees. In determining whether conditions are unsafe, unsanitary, or unhealthy, the state department of health and the state fire marshal shall consider the degree of overcrowding, the light, air, and space available to offenders within a facility, the size and arrangement of rooms and cells, the sanitary facilities, and the extent to which conditions in a facility endanger life or property.

     (c) The commissioner shall correct all unsafe, unsanitary, or unhealthy conditions reported by the state department of health or the state fire marshal with reasonable promptness. Failure by the department to initiate and continue action to correct unsafe, unsanitary, or unhealthy conditions within thirty (30) days of receiving a report of those conditions from the state department of health or the state fire marshal constitutes noncompliance with this subsection. Upon such noncompliance, the commissioner shall submit to the reporting agency and the governor a written statement explaining:

(1) why the reported condition or conditions have not been remedied;

(2) what the estimated cost of remedying the reported condition or conditions would be in terms of construction, renovation, manpower, space, and equipment;

(3) whether the reported condition or conditions can be corrected by using facilities of other governmental entities;

(4) whether additional state financing is required and, if so, the estimated amount needed; and

(5) the probable consequences of not remedying each reported unsafe, unsanitary, or unhealthy condition.

     (d) Notwithstanding other provisions of this section, the state department of health and state fire marshal retain authority to correct unhealthy, unsanitary, or unsafe conditions within a facility as provided by law.

As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.2-1992, SEC.112; P.L.156-2011, SEC.5.

 

IC 11-11-7Chapter 7. Access to Legal Materials
           11-11-7-1Access to legal materials to research legal matters and to prepare and file legal papers
           11-11-7-2Stationery, envelopes, postage, and notarial services for legal correspondence

 

IC 11-11-7-1Access to legal materials to research legal matters and to prepare and file legal papers

     Sec. 1. The department shall afford a confined person reasonable access to legal materials to enable him to research legal matters and prepare and file legal papers.

As added by Acts 1979, P.L.120, SEC.4.

 

IC 11-11-7-2Stationery, envelopes, postage, and notarial services for legal correspondence

     Sec. 2. The department shall provide an indigent confined person with free stationery, envelopes, postage, and notarial services for legal correspondence.

As added by Acts 1979, P.L.120, SEC.4.

 

IC 11-12ARTICLE 12. COMMUNITY CORRECTIONS
           Ch. 1.Locally and Regionally Operated Community Corrections
           Ch. 2.State Grants to Counties for Community Corrections and Charges to Participating Counties for Confined Offenders
           Ch. 3.State Operated Community Corrections
           Ch. 3.5.Repealed
           Ch. 3.7.Forensic Diversion Program
           Ch. 3.8.Mental Health and Addiction Forensic Treatment Services
           Ch. 4.Standards, Rules, and Construction of County Jails
           Ch. 5.County Jails: Work; Temporary Release
           Ch. 6.Repealed
           Ch. 7.Community Corrections Home Detention Fund
           Ch. 8.Interstate Compact on Community Corrections Transfers
           Ch. 9.Interstate Community Corrections Hearings
           Ch. 10.Community Transition Programs
           Ch. 11.County Misdemeanant Fund

 

IC 11-12-1Chapter 1. Locally and Regionally Operated Community Corrections
           11-12-1-1"Community corrections program" defined
           11-12-1-2Establishment; purpose
           11-12-1-2.5Community corrections programs; coordination of other programs
           11-12-1-3Acquisition of premises and facilities by purchase, lease, or gift; funding for establishment and operation; private agencies
           11-12-1-4Contracts with other counties for use of programs
           11-12-1-5Licensing, inspection, or supervisory requirements imposed by law

 

IC 11-12-1-1"Community corrections program" defined

     Sec. 1. As used in this article, "community corrections program" means a community based program that provides preventive services, services to offenders, services to persons charged with a crime or an act of delinquency, services to persons diverted from the criminal or delinquency process, services to persons sentenced to imprisonment, or services to victims of crime or delinquency, and is operated under a community corrections plan of a county and funded at least in part by the state subsidy provided in IC 11-12-2.

As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.240-1991(ss2), SEC.57.

 

IC 11-12-1-2Establishment; purpose

     Sec. 2. Notwithstanding any other law, a county or any combination of counties may establish and operate a community corrections advisory board for the purpose of coordinating or operating community corrections programs. The county, in consultation with the advisory board, shall coordinate or operate community corrections programs for any of the following:

(1) The prevention of crime or delinquency.

(2) Persons sentenced to imprisonment in a county or local penal facility other than a state owned or operated facility.

(3) Committed offenders.

(4) Persons ordered to participate in community corrections programs as a condition of probation.

As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.240-1991(ss2), SEC.58; P.L.104-1997, SEC.1.

 

IC 11-12-1-2.5Community corrections programs; coordination of other programs

     Sec. 2.5. (a) The community corrections programs described in section 2 of this chapter shall use evidence based services, programs, and practices that reduce the risk for recidivism among persons who participate in the community corrections programs.

     (b) The community corrections board may also coordinate or operate:

(1) educational;

(2) mental health;

(3) drug or alcohol abuse counseling; and

(4) housing;

programs. In addition, the board may provide supervision services for persons described in section 2 of this chapter.

     (c) Drug or alcohol abuse counseling programs under subsection (b) may include:

(1) addiction counseling;

(2) inpatient detoxification; and

(3) medication assisted treatment, including a federal Food and Drug Administration approved long acting, nonaddictive medication for the treatment of opioid or alcohol dependence.

As added by P.L.240-1991(ss2), SEC.59. Amended by P.L.104-1997, SEC.2; P.L.32-2000, SEC.4; P.L.224-2003, SEC.122; P.L.158-2014, SEC.1; P.L.184-2014, SEC.1; P.L.187-2015, SEC.4; P.L.209-2015, SEC.4.

 

IC 11-12-1-3Acquisition of premises and facilities by purchase, lease, or gift; funding for establishment and operation; private agencies

     Sec. 3. (a) A county or any combination of counties may acquire premises and facilities for community corrections programs by purchase, lease, or gift. These facilities and programs may be established and operated under a written contract with existing public or private agencies or institutions.

     (b) To provide necessary funding for the establishment, operation, and coordination of community corrections programs, a local unit of government may use unexpended funds, use appropriate tax funds, accept gifts, grants, and subsidies from any lawful source, and apply for and accept federal funds.

     (c) Private agencies may receive funding from any lawful source, but must comply with all rules and statutes of the department and the state board of accounts.

As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.240-1991(ss2), SEC.60.

 

IC 11-12-1-4Contracts with other counties for use of programs

     Sec. 4. Two (2) or more counties may contract with each other for programs or purchase from one (1) or more counties the use of these programs.

As added by Acts 1979, P.L.120, SEC.5.

 

IC 11-12-1-5Licensing, inspection, or supervisory requirements imposed by law

     Sec. 5. This chapter does not exclude a facility or program from applicable licensing, inspection, or other supervisory requirements imposed by law.

As added by Acts 1979, P.L.120, SEC.5.

 

IC 11-12-2Chapter 2. State Grants to Counties for Community Corrections and Charges to Participating Counties for Confined Offenders
           11-12-2-1Purpose and availability of grants; funding; certification of certain cost savings; transfer of funds from the department for certain programs
           11-12-2-2Community corrections advisory board; membership; terms; combined advisory board; officers; quorum; assistance and appropriations
           11-12-2-3Community corrections advisory board; duties
           11-12-2-3.5Community corrections advisory board; appointment of director; employees
           11-12-2-4Community corrections advisory board; application for financial aid; collaboration with probation
           11-12-2-5Powers and duties of department and commissioner
           11-12-2-6Eligibility for financial aid; requirement of compliance
           11-12-2-7Eligibility for financial aid; failure to qualify
           11-12-2-8Restriction on use of funds
           11-12-2-9Repealed
           11-12-2-10Termination of participation in subsidy program
           11-12-2-11Authority over county jail and persons confined therein
           11-12-2-12Community corrections funds established
           11-12-2-13Repealed
           11-12-2-13.5Repealed

 

IC 11-12-2-1Purpose and availability of grants; funding; certification of certain cost savings; transfer of funds from the department for certain programs

     Sec. 1. (a) For the purpose of encouraging counties to develop a coordinated local corrections-criminal justice system and providing effective alternatives to imprisonment at the state level, the commissioner shall, out of funds appropriated for such purposes, make grants to counties for the establishment and operation of community corrections programs and court supervised recidivism reduction programs. Appropriations intended for this purpose may not be used by the department for any other purpose. Money appropriated to the department of correction for the purpose of making grants under this chapter and any financial aid payments suspended under section 6 of this chapter do not revert to the state general fund at the close of any fiscal year, but remain available to the department of correction for its use in making grants under this chapter.

     (b) Before March 1 of each year, the department shall estimate the amount of any operational cost savings that will be realized in the state fiscal year ending June 30 from a reduction in the number of individuals who are in the custody or made a ward of the department of correction (as described in IC 11-8-1-5) that is attributable to the sentencing changes made in HEA 1006-2014 as enacted in the 2014 session of the general assembly. The department shall make the estimate under this subsection based on the best available information. If the department estimates that operational cost savings described in this subsection will be realized in the state fiscal year, the following apply to the department:

(1) The department shall certify the estimated amount of operational cost savings that will be realized to the budget agency and to the auditor of state.

(2) The department may, after review by the budget committee and approval by the budget agency, make additional grants as provided in this chapter to:

(A) county jails to provide evidence based mental health and addiction forensic treatment services; and

(B) counties for the establishment and operation of pretrial release programs, diversion programs, community corrections programs, and court supervised recidivism reduction programs;

from funds appropriated to the department for the department's operating expenses for the state fiscal year.

(3) The maximum aggregate amount of additional grants and transfers that may be made by the department under subdivision (2) for the state fiscal year may not exceed the lesser of:

(A) the amount of operational cost savings certified under subdivision (1); or

(B) eleven million dollars ($11,000,000).

Notwithstanding P.L.205-2013 (HEA 1001-2013), the amount of funds necessary to make any additional grants authorized and approved under this subsection and for any transfers authorized and approved under this subsection, and for providing the additional financial aid to courts from transfers authorized and approved under this subsection, is appropriated for those purposes for the state fiscal year, and the amount of the department's appropriation for operating expenses for the state fiscal year is reduced by a corresponding amount.

     (c) The commissioner shall coordinate with the division of mental health and addiction in issuing community corrections and court supervised recidivism reduction program grants to programs that provide alternative sentencing projects for persons with mental illness, addictive disorders, intellectual disabilities, and developmental disabilities. Programs for addictive disorders may include:

(1) addiction counseling;

(2) inpatient detoxification; and

(3) medication assisted treatment, including a federal Food and Drug Administration approved long acting, nonaddictive medication for the treatment of opioid or alcohol dependence.

     (d) Grants awarded under this chapter:

(1) must focus on funding evidence based programs, including programs that address cognitive behavior, that have as a primary goal the purpose of reforming offenders; and

(2) may be used for technology based programs, including an electronic monitoring program.

     (e) Before the tenth day of each month, the department shall compile the following information with respect to the previous month:

(1) The number of persons committed to the department.

(2) The number of persons:

(A) confined in a department facility;

(B) participating in a community corrections program; and

(C) confined in a local jail under contract with or on behalf of the department.

(3) For each facility operated by the department:

(A) the number of beds in each facility;

(B) the number of inmates housed in the facility;

(C) the highest felony classification of each inmate housed in the facility; and

(D) a list of all felonies for which persons housed in the facility have been sentenced.

     (f) The department shall:

(1) quarterly submit a report to the budget committee; and

(2) monthly submit a report to the justice reinvestment advisory council (as established in IC 33-38-9.5-2);

of the information compiled by the department under subsection (e). The report to the budget committee must be submitted in a form approved by the budget committee, and the report to the advisory council must be in a form approved by the advisory council.

As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.151-1983, SEC.1; P.L.85-2004, SEC.42; P.L.105-2010, SEC.2; P.L.168-2014, SEC.24; P.L.117-2015, SEC.7; P.L.179-2015, SEC.1; P.L.209-2015, SEC.5; P.L.149-2016, SEC.40; P.L.69-2016, SEC.1.

 

IC 11-12-2-2Community corrections advisory board; membership; terms; combined advisory board; officers; quorum; assistance and appropriations

     Sec. 2. (a) To qualify for financial aid under this chapter, a county must establish a community corrections advisory board by resolution of the county executive or, in a county having a consolidated city, by the city-county council. A community corrections advisory board consists of:

(1) the county sheriff or the sheriff's designee;

(2) the prosecuting attorney or the prosecuting attorney's designee;

(3) the executive of the most populous municipality in the county or the executive's designee;

(4) two (2) judges having criminal jurisdiction, if available, appointed by the circuit court judge or the judges' designees;

(5) one (1) judge having juvenile jurisdiction, appointed by the circuit court judge;

(6) one (1) public defender or the public defender's designee, if available, or one (1) attorney with a substantial criminal defense practice appointed by the county executive or, in a county having a consolidated city, by the city-county council;

(7) one (1) victim, or victim advocate if available, appointed by the county executive or, in a county having a consolidated city, by the city-county council;

(8) one (1) ex-offender, if available, appointed by the county executive or, in a county having a consolidated city, by the city-county council;

(9) the director of the local office of the department of child services or the director's designee;

(10) a representative from a juvenile correctional facility or juvenile detention center in the county, but if no facility exists, one (1) mental health representative chosen by the judge described in subdivision (5);

(11) a representative from the Juvenile Detention Alternatives Initiative, but if no program exists, a representative from the court appointed special advocate program in the county or guardian ad litem program in the county; and

(12) the following members appointed by the county executive or, in a county having a consolidated city, by the city-county council:

(A) One (1) member of the county fiscal body or the member's designee.

(B) One (1) probation officer.

(C) One (1) juvenile probation officer.

(D) One (1) educational administrator.

(E) One (1) representative of a private correctional agency, if such an agency exists in the county.

(F) One (1) mental health administrator, or, if there is none available in the county, one (1) psychiatrist, psychologist, or physician.

(G) Four (4) lay persons, at least one (1) of whom must be a member of a minority race if a racial minority resides in the county and a member of that minority is willing to serve.

     (b) Designees of officials designated under subsection (a)(1) through (a)(6), (a)(9), and (a)(12)(A) serve at the pleasure of the designating official.

     (c) Members of the advisory board appointed by the county executive or, in a county having a consolidated city, by the city-county council, shall be appointed for a term of four (4) years. The criminal defense attorney, the ex-offender, and the victim or victim advocate shall be appointed for a term of four (4) years. Other members serve only while holding the office or position held at the time of appointment. The circuit court judge may fill the position of the judge having juvenile court jurisdiction by self appointment if the circuit court judge is otherwise qualified. A vacancy occurring before the expiration of the term of office shall be filled in the same manner as original appointments for the unexpired term. Members may be reappointed.

     (d) Two (2) or more counties, by resolution of their county executives or, in a county having a consolidated city, by the city-county council, may combine to apply for financial aid under this chapter. If counties so combine, the counties may establish one (1) community corrections advisory board to serve these counties. This board must contain the representation prescribed in subsection (a), but the members may come from the participating counties as determined by agreement of the county executives or, in a county having a consolidated city, by the city-county council.

     (e) The members of the community corrections advisory board shall, within thirty (30) days after the last initial appointment is made, meet and elect one (1) member as chairman and another as vice chairman and appoint a secretary-treasurer who need not be a member. A majority of the members of a community corrections advisory board may provide for a number of members that is:

(1) less than a majority of the members; and

(2) at least six (6);

to constitute a quorum for purposes of transacting business. The affirmative votes of at least five (5) members, but not less than a majority of the members present, are required for the board to take action. A vacancy in the membership does not impair the right of a quorum to transact business.

     (f) The county executive and county fiscal body shall provide necessary assistance and appropriations to the community corrections advisory board established for that county. Appropriations required under this subsection are limited to amounts received from the following sources:

(1) Department grants.

(2) User fees.

(3) Other funds as contained within an approved plan.

Additional funds may be appropriated as determined by the county executive and county fiscal body.

As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.16-1986, SEC.6; P.L.240-1991(ss2), SEC.61; P.L.2-1992, SEC.113; P.L.4-1993, SEC.15; P.L.5-1993, SEC.28; P.L.104-1997, SEC.3; P.L.105-1997, SEC.1; P.L.34-2007, SEC.1; P.L.146-2008, SEC.371; P.L.44-2009, SEC.7; P.L.86-2017, SEC.1.

 

IC 11-12-2-3Community corrections advisory board; duties

     Sec. 3. (a) A community corrections advisory board shall:

(1) formulate:

(A) the community corrections plan and the application for financial aid required by section 4 of this chapter; and

(B) the forensic diversion program plan under IC 11-12-3.7;

(2) observe and coordinate community corrections programs in the county;

(3) make an annual report to the county fiscal body, county executive, or, in a county having a consolidated city, the city-county council, containing an evaluation of the effectiveness of programs receiving financial aid under this chapter and recommendations for improvement, modification, or discontinuance of these programs;

(4) ensure that programs receiving financial aid under this chapter comply with the standards adopted by the department under section 5 of this chapter; and

(5) recommend to the county executive or, in a county having a consolidated city, to the city-county council, the approval or disapproval of contracts with units of local government or nongovernmental agencies that desire to participate in the community corrections plan.

Before recommending approval of a contract, the advisory board must determine that a program is capable of meeting the standards adopted by the department under section 5 of this chapter.

     (b) A community corrections advisory board shall do the following:

(1) Adopt bylaws for the conduct of its own business.

(2) Hold a regular meeting at least one (1) time every three (3) months and at other times as needed to conduct all necessary business. Dates of regular meetings shall be established at the first meeting of each year.

(3) Comply with the public meeting and notice requirements under IC 5-14-1.5.

     (c) A community corrections advisory board may contain an office as designated by the county executive or, in a county having a consolidated city, by the city-county council.

     (d) Notwithstanding subsection (a)(4), the standards applied to a court alcohol and drug program or a problem solving court that provides services to a forensic diversion program under IC 11-12-3.7 must be the standards established under IC 12-23-14 or IC 33-23-16.

As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.240-1991(ss2), SEC.62; P.L.224-2003, SEC.123; P.L.85-2004, SEC.2; P.L.108-2010, SEC.1.

 

IC 11-12-2-3.5Community corrections advisory board; appointment of director; employees

     Sec. 3.5. (a) The community corrections advisory board shall appoint a director of the community corrections program, subject to the approval of the county executive or, in a county having a consolidated city, by the city-county council. A director may be removed for cause by a majority vote of the community corrections advisory board, subject to the approval of the county executive or, in a county having a consolidated city, of the city-county council.

     (b) The community corrections advisory board may establish personnel policies, procedures, and salary classification schedules for its employees. Employees of a community corrections program are county employees. The policies, procedures, and schedules established under this subsection may not be inconsistent with those established for other county employees.

As added by P.L.240-1991(ss2), SEC.63. Amended by P.L.179-2015, SEC.2.

 

IC 11-12-2-4Community corrections advisory board; application for financial aid; collaboration with probation

     Sec. 4. (a) Except as provided in subsection (h), a county or group of counties, or a court or a group of courts, seeking financial aid under this chapter must apply to the commissioner in a manner and form prescribed by the commissioner. If the application is for a community corrections program, the application must include a community corrections plan that has been approved by the community corrections board and the county executive or, in a county having a consolidated city, by the city-county council. If the application is for a court supervised recidivism reduction program, the application must include information required by the department. If:

(1) the application is from a county (not including a court); and

(2) the county operates a community corrections program;

the application must be approved by the community corrections advisory board. The commissioner shall give priority consideration to applicants that demonstrate collaboration between the local community corrections advisory board and court supervised recidivism reduction programs or juvenile justice programs. No county may receive financial aid until its application is approved by the commissioner.

     (b) A community corrections plan must comply with rules adopted under section 5 of this chapter and must include:

(1) a description of each program for which financial aid is sought;

(2) the purpose, objective, administrative structure, staffing, and duration of the program;

(3) a method to evaluate each component of the program to determine the overall use of department approved best practices for the program;

(4) the program's total operating budget, including all other sources of anticipated income;

(5) the amount of community involvement and client participation in the program;

(6) the location and description of facilities that will be used in the program;

(7) the manner in which counties that jointly apply for financial aid under this chapter will operate a coordinated community corrections program; and

(8) a plan of collaboration among the probation department, the community corrections program, and any other local criminal justice agency that receives funding from the department for the provision of community supervision for adult offenders. Counties are encouraged to include the courts, prosecuting attorneys, public defenders, and sheriffs when addressing the needs of the local criminal justice population. The community supervision collaboration plan must be submitted to the department and the Indiana judicial center by January 1, 2016, and must include:

(A) a description of the evidence based services provided to felony offenders by the community corrections program and the probation department;

(B) the manner in which the community corrections program and the probation department intend to reduce the duplication of services to offenders under community supervision;

(C) the manner in which the community corrections program and the probation department intend to coordinate operations and collaborate on the supervision of adult felony offenders;

(D) the eligibility criteria established for community based services provided to adult felony offenders;

(E) the criteria for using the community corrections program as an intermediate sanction for an offender's violation of probation conditions;

(F) a description of how financial aid from the department, program fees, and probation user fees will be used to provide services to adult felony offenders; and

(G) documentary evidence of compliance with department rules for community corrections programs and judicial conference of Indiana standards for probation departments.

     (c) A community corrections plan must be annually updated, approved by the county executive or, in a city having a consolidated city, by the city-county council, and submitted to the commissioner.

     (d) No amendment to or substantial modification of an approved community corrections plan may be placed in effect until the department and county executive, or in a county having a consolidated city, the city-county council, have approved the amendment or modification.

     (e) A copy of the final plan as approved by the department shall be made available to the board in a timely manner.

     (f) The commissioner may, subject to availability of funds, give priority in issuing additional financial aid to counties with a community supervision collaboration plan approved by the department and the Indiana judicial center. The additional financial aid may be used for any evidence based service or program in the approved plan.

     (g) Purposes for which the commissioner may award financial aid under this chapter include:

(1) assisting a county in defraying the expenses of incarceration;

(2) funding mental health, addiction, and cognitive behavior treatment programs for incarcerated persons;

(3) funding mental health, addiction, and cognitive behavior treatment programs for persons who are on probation, are supervised by a community corrections program, or are participating in a pretrial diversion program offered by a prosecuting attorney;

(4) funding work release and other community corrections programs;

(5) reimbursing a county for probation officer and community correction officer salaries; and

(6) funding a court appointed forensic advocate program (as described in IC 35-36-12) for persons who are on probation, are supervised by a community corrections program, or are participating in a pretrial diversion program.

     (h) If the application described in subsection (a) is for a juvenile justice program, the county executive, or in a county having a consolidated city, the city-county council, may apply directly to the division of youth services in a manner and form prescribed by the commissioner.

As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.240-1991(ss2), SEC.64; P.L.105-2010, SEC.3; P.L.24-2014, SEC.1; P.L.179-2015, SEC.3; P.L.69-2016, SEC.2; P.L.86-2017, SEC.2.

 

IC 11-12-2-5Powers and duties of department and commissioner

     Sec. 5. (a) The department shall do the following:

(1) Provide consultation and technical assistance to counties to aid in the development of community corrections plans.

(2) Provide training for community corrections personnel and board members to the extent funds are available.

(3) Adopt under IC 4-22-2 rules governing application by counties and courts for financial aid under this chapter, including the content of community corrections plans.

(4) Adopt under IC 4-22-2 rules governing the disbursement of monies to a county and the county's certification of expenditures.

(5) Adopt under IC 4-22-2 minimum standards for the establishment, operation, and evaluation of programs receiving financial aid under this chapter. (These standards must be sufficiently flexible to foster the development of new and improved correctional practices.)

(6) Examine and either approve or disapprove applications for financial aid. The department's approval or disapproval must be based on this chapter and the rules adopted under this chapter.

(7) Keep the budget agency informed of the amount of appropriation needed to adequately fund programs under this chapter.

(8) Adopt under IC 4-22-2 a formula or other method of determining a participating county's share of funds appropriated for purposes of this chapter. This formula or method must be approved by the budget agency before the formula is adopted and must be designed to accurately reflect a county's correctional needs and ability to pay.

(9) Keep counties informed of money appropriated for the purposes of this chapter.

(10) Provide an approved training curriculum for community corrections field officers.

(11) Require community corrections programs to submit in proposed budget requests an evaluation of the use of department approved best practices for each community corrections program component.

(12) Submit applications from counties and courts to the justice reinvestment advisory council established under IC 33-38-9.5 for review and recommendation unless otherwise authorized by the advisory council.

     (b) The commissioner may do the following:

(1) Visit and inspect any program receiving financial aid under this chapter.

(2) Require a participating county or program to submit information or statistics pertinent to the review of applications and programs.

(3) Expend up to three percent (3%) of the money appropriated to the department for community correction grants to provide technical assistance, consultation, and training to counties and to monitor and evaluate program delivery.

     (c) Notwithstanding any law prohibiting advance payments, the department of correction may advance grant money to a county or group of counties in order to assist a community corrections program. However, not more than twenty-five percent (25%) of the amount awarded to a county or group of counties may be paid in advance.

     (d) The commissioner shall disburse no more funds to any county or court under this chapter than are required to fund the community corrections plan or court supervised recidivism reduction program.

As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.151-1983, SEC.2; P.L.240-1991(ss2), SEC.65; P.L.104-1997, SEC.4; P.L.105-2010, SEC.4; P.L.179-2015, SEC.4.

 

IC 11-12-2-6Eligibility for financial aid; requirement of compliance

     Sec. 6. To remain eligible for financial aid under this chapter, a county must comply with its community corrections plan and the rules and minimum standards adopted by the department under section 5 of this chapter. If the commissioner determines that there are reasonable grounds to believe that a county is not complying with its plan, the rules, or the minimum standards, he shall, after giving at least thirty (30) days written notice to the board of county commissioners or city-county council, the community corrections advisory board, and the chief administrator of the program, conduct a hearing under IC 4-21.5-3 to ascertain whether compliance has been achieved. Upon a finding of noncompliance, the commissioner may suspend any part of the financial aid until compliance is achieved.

As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.7-1987, SEC.23.

 

IC 11-12-2-7Eligibility for financial aid; failure to qualify

     Sec. 7. Failure of a county to qualify for financial aid under this chapter does not affect its eligibility for other state funds for correctional purposes otherwise provided by law.

As added by Acts 1979, P.L.120, SEC.5.

 

IC 11-12-2-8Restriction on use of funds

     Sec. 8. Counties may not use funds received under this chapter to construct or renovate county jails or community correction facilities.

As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.136-1989, SEC.3; P.L.4-2001, SEC.1; P.L.179-2015, SEC.5.

 

IC 11-12-2-9Repealed

As added by Acts 1979, P.L.120, SEC.5. Amended by Acts 1981, P.L.134, SEC.1; Acts 1982, P.L.93, SEC.1; P.L.151-1983, SEC.3; P.L.25-1985, SEC.2; P.L.12-1996, SEC.10; P.L.146-2008, SEC.372. Repealed by P.L.105-2010, SEC.18.

 

IC 11-12-2-10Termination of participation in subsidy program

     Sec. 10. A county receiving financial aid under this chapter may terminate its participation by delivering a resolution of the board of county commissioners or city-county council to the commissioner. Upon withdrawal from the subsidy program, the board of county commissioners or city-county council may adopt a resolution stating that it is in the best interests of the county that the community corrections advisory board be dissolved, whereupon the county commissioners or city-county council shall pay and discharge any debts or liabilities of the advisory board, collect and distribute assets of the advisory board under the laws of Indiana, and pay over any remaining proceeds or property to the proper fund.

As added by Acts 1979, P.L.120, SEC.5. Amended by Acts 1981, P.L.109, SEC.2.

 

IC 11-12-2-11Authority over county jail and persons confined therein

     Sec. 11. This chapter does not limit or impair the statutory authority of any elected official, including the county sheriff's authority over the county jail and persons confined therein.

As added by Acts 1979, P.L.120, SEC.5.

 

IC 11-12-2-12Community corrections funds established

     Sec. 12. (a) A community corrections fund is established in each community having a community corrections program. The fund shall be administered by the community corrections advisory board in accordance with rules adopted by the department under subsection (c). The expenses of administering the fund shall be paid from money in the fund. Money in the fund at the end of a fiscal year does not revert to any other fund. The fund consists of fees deposited under subsection (b). Money in the fund may be used only for the provision of community corrections program services, including services allowed under IC 11-12-2-5(b)(3).

     (b) In addition to user fees collected under IC 31-40, IC 35-38-2-1, or any other user fee collected from a participant in a community corrections program by an agency or program, a community corrections program may collect from a participant a user fee assessed in accordance with rules adopted under subsection (c). Community corrections user fees collected under this section shall be deposited into the community corrections fund established by this section.

     (c) The department shall adopt rules under IC 4-22-2 governing the following:

(1) The maximum amount that a community corrections program or a court may assess as a user fee under subsection (b) or IC 35-38-2.5-6.

(2) Administration by community corrections advisory boards of community corrections funds and the community corrections home detention fund, including criteria for expenditures from the funds.

As added by P.L.136-1989, SEC.4. Amended by P.L.240-1991(ss2), SEC.66; P.L.1-1997, SEC.47; P.L.253-1997(ss), SEC.8.

 

IC 11-12-2-13Repealed

As added by P.L.240-1991(ss2), SEC.67. Repealed by P.L.73-1992, SEC.12.

 

IC 11-12-2-13.5Repealed

As added by P.L.73-1992, SEC.1. Repealed by P.L.1-1994, SEC.45.

 

IC 11-12-3Chapter 3. State Operated Community Corrections
           11-12-3-1Establishment and operation of programs; contract with public or private agency to provide services
           11-12-3-2Acquisition of premises and facilities

 

IC 11-12-3-1Establishment and operation of programs; contract with public or private agency to provide services

     Sec. 1. The department may:

(1) establish and operate community corrections programs if these programs are not being provided at the local level; and

(2) contract with any public or private agency approved by the commissioner, or any combination of those agencies, for the provision of community based services to committed persons, including the furnishing of custody, supervision, care, training, and reintegration.

As added by Acts 1979, P.L.120, SEC.5.

 

IC 11-12-3-2Acquisition of premises and facilities

     Sec. 2. (a) The department may acquire premises and facilities for community corrections by purchase, lease, contract, or gift.

     (b) To obtain necessary funding for the establishment and operation of community corrections programs, or to provide these services through contractual agreements with public and private agencies, the commissioner may accept gifts, grants, and subsidies from any lawful source, and apply for and accept federal funds.

As added by Acts 1979, P.L.120, SEC.5.

 

IC 11-12-3.5Chapter 3.5. Repealed

Repealed by P.L.85-2004, SEC.14.

 

IC 11-12-3.7Chapter 3.7. Forensic Diversion Program
           11-12-3.7-1"Addictive disorder"
           11-12-3.7-2"Advisory board"
           11-12-3.7-2.5"Autism spectrum disorder"
           11-12-3.7-2.8"Developmental disability"
           11-12-3.7-3"Drug dealing offense"
           11-12-3.7-4"Forensic diversion program"
           11-12-3.7-5"Mental illness"
           11-12-3.7-6"Violent offense"
           11-12-3.7-7Advisory board's duty to develop a plan
           11-12-3.7-7.5Persons to receive information and training concerning diversion programs
           11-12-3.7-8Request for treatment; tolling of speedy trial period
           11-12-3.7-9Periodic progress report; court order required for release from program
           11-12-3.7-10Forensic diversion advisory board; members
           11-12-3.7-11Eligibility for pre-conviction forensic diversion; advisements; stay of entry of judgment; consequences of successful completion or failure
           11-12-3.7-12Eligibility for post-conviction forensic diversion; probation; nonsuspendible sentences; consequences of successful or unsuccessful participation
           11-12-3.7-13Forensic diversion program account

 

IC 11-12-3.7-1"Addictive disorder"

     Sec. 1. As used in this chapter, "addictive disorder" means a diagnosable chronic substance use disorder of sufficient duration to meet diagnostic criteria within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

As added by P.L.85-2004, SEC.3.

 

IC 11-12-3.7-2"Advisory board"

     Sec. 2. As used in this chapter, "advisory board" means a:

(1) community corrections advisory board, if there is one in the county; or

(2) forensic diversion program advisory board, if there is not a community corrections advisory board in the county.

As added by P.L.85-2004, SEC.3.

 

IC 11-12-3.7-2.5"Autism spectrum disorder"

     Sec. 2.5. As used in this chapter, "autism spectrum disorder" has the meaning set forth in the most recent edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders.

As added by P.L.187-2015, SEC.5.

 

IC 11-12-3.7-2.8"Developmental disability"

     Sec. 2.8. As used in this chapter, "developmental disability" has the meaning set forth in IC 12-7-2-61.

As added by P.L.187-2015, SEC.6.

 

IC 11-12-3.7-3"Drug dealing offense"

     Sec. 3. As used in this chapter, "drug dealing offense" means one (1) or more of the following offenses:

(1) Dealing in cocaine or a narcotic drug (IC 35-48-4-1), unless the person received only minimal consideration as a result of the drug transaction.

(2) Dealing in methamphetamine (IC 35-48-4-1.1), unless the person received only minimal consideration as a result of the drug transaction.

(3) Dealing in a schedule I, II, III, IV, or V controlled substance (IC 35-48-4-2 through IC 35-48-4-4), unless the person received only minimal consideration as a result of the drug transaction.

(4) Dealing in marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid (IC 35-48-4-10), unless the person received only minimal consideration as a result of the drug transaction.

As added by P.L.85-2004, SEC.3. Amended by P.L.151-2006, SEC.5; P.L.138-2011, SEC.1; P.L.182-2011, SEC.1.

 

IC 11-12-3.7-4"Forensic diversion program"

     Sec. 4. As used in this chapter, "forensic diversion program" means a program designed to provide an adult:

(1) who has an intellectual disability, an autism spectrum disorder, a mental illness, an addictive disorder, or a combination of those conditions; and

(2) who has been charged with a crime that is not a violent offense;

an opportunity to receive community treatment addressing mental health and addiction and other services instead of or in addition to incarceration.

As added by P.L.85-2004, SEC.3. Amended by P.L.192-2007, SEC.4; P.L.187-2015, SEC.7.

 

IC 11-12-3.7-5"Mental illness"

     Sec. 5. As used in this chapter, "mental illness" means a psychiatric disorder that is of sufficient duration to meet diagnostic criteria within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

As added by P.L.85-2004, SEC.3.

 

IC 11-12-3.7-6"Violent offense"

     Sec. 6. As used in this chapter, "violent offense" means one (1) or more of the following offenses:

(1) Murder (IC 35-42-1-1).

(2) Attempted murder (IC 35-41-5-1).

(3) Voluntary manslaughter (IC 35-42-1-3).

(4) Involuntary manslaughter (IC 35-42-1-4).

(5) Reckless homicide (IC 35-42-1-5).

(6) Aggravated battery (IC 35-42-2-1.5).

(7) Battery (IC 35-42-2-1) as a:

(A) Class A felony, Class B felony, or Class C felony (for a crime committed before July 1, 2014); or

(B) Level 2 felony, Level 3 felony, or Level 5 felony (for a crime committed after June 30, 2014).

(8) Kidnapping (IC 35-42-3-2).

(9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8 that is a:

(A) Class A felony, Class B felony, or Class C felony (for a crime committed before July 1, 2014); or

(B) Level 1 felony, Level 2 felony, Level 3 felony, Level 4 felony, or Level 5 felony (for a crime committed after June 30, 2014).

(10) Sexual misconduct with a minor (IC 35-42-4-9) as a:

(A) Class A felony or Class B felony (for a crime committed before July 1, 2014); or

(B) Level 1 felony, Level 2 felony, or Level 4 felony (for a crime committed after June 30, 2014).

(11) Incest (IC 35-46-1-3).

(12) Robbery (IC 35-42-5-1) as a:

(A) Class A felony or a Class B felony (for a crime committed before July 1, 2014); or

(B) Level 2 felony or Level 3 felony (for a crime committed after June 30, 2014).

(13) Burglary (IC 35-43-2-1) as a:

(A) Class A felony or a Class B felony (for a crime committed before July 1, 2014); or

(B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony (for a crime committed after June 30, 2014).

(14) Carjacking (IC 35-42-5-2) (repealed).

(15) Assisting a criminal (IC 35-44.1-2-5) as a:

(A) Class C felony (for a crime committed before July 1, 2014); or

(B) Level 5 felony (for a crime committed after June 30, 2014).

(16) Escape (IC 35-44.1-3-4) as a:

(A) Class B felony or Class C felony (for a crime committed before July 1, 2014); or

(B) Level 4 felony or Level 5 felony (for a crime committed after June 30, 2014).

(17) Trafficking with an inmate (IC 35-44.1-3-5) as a:

(A) Class C felony (for a crime committed before July 1, 2014); or

(B) Level 5 felony (for a crime committed after June 30, 2014).

(18) Causing death when operating a vehicle (IC 9-30-5-5).

(19) Criminal confinement (IC 35-42-3-3) as a:

(A) Class B felony (for a crime committed before July 1, 2014); or

(B) Level 3 felony (for a crime committed after June 30, 2014).

(20) Arson (IC 35-43-1-1) as a:

(A) Class A or Class B felony (for a crime committed before July 1, 2014); or

(B) Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014).

(21) Possession, use, or manufacture of a weapon of mass destruction (IC 35-47-12-1).

(22) Terroristic mischief (IC 35-47-12-3) as a:

(A) Class B felony (for a crime committed before July 1, 2014); or

(B) Level 4 felony (for a crime committed after June 30, 2014).

(23) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).

(24) A violation of IC 35-47.5 (controlled explosives) as a:

(A) Class A or Class B felony (for a crime committed before July 1, 2014); or

(B) Level 2 or Level 4 felony (for a crime committed after June 30, 2014).

(25) Domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level 3 felony, or Level 5 felony.

(26) A crime under the laws of another jurisdiction, including a military court, that is substantially similar to any of the offenses listed in this subdivision.

(27) Any other crimes evidencing a propensity or history of violence.

As added by P.L.85-2004, SEC.3. Amended by P.L.125-2012, SEC.400; P.L.126-2012, SEC.31; P.L.158-2013, SEC.178; P.L.65-2016, SEC.4.

 

IC 11-12-3.7-7Advisory board's duty to develop a plan

     Sec. 7. (a) An advisory board shall develop a forensic diversion plan to provide an adult who:

(1) has an intellectual disability, a developmental disability, an autism spectrum disorder, a mental illness, an addictive disorder, or a combination of those conditions; and

(2) has been charged with a crime that is not a violent crime;

an opportunity, pre-conviction or post-conviction, to receive community treatment and other services addressing intellectual disabilities, developmental disabilities, autism spectrum disorders, mental health, and addictions instead of or in addition to incarceration.

     (b) The forensic diversion plan may include any combination of the following program components:

(1) Pre-conviction diversion for adults with mental illness.

(2) Pre-conviction diversion for adults with addictive disorders.

(3) Pre-conviction diversion for adults with developmental disabilities.

(4) Pre-conviction diversion for adults with intellectual disabilities.

(5) Pre-conviction diversion for individuals with an autism spectrum disorder.

(6) Post-conviction diversion for adults with mental illness.

(7) Post-conviction diversion for adults with addictive disorders.

(8) Post-conviction diversion for adults with intellectual disabilities.

(9) Post-conviction diversion for adults with developmental disabilities.

(10) Post-conviction diversion for individuals with an autism spectrum disorder.

     (c) In developing a plan, the advisory board must consider the ability of existing programs and resources within the community, including:

(1) a problem solving court established under IC 33-23-16;

(2) a court alcohol and drug program certified under IC 12-23-14-13;

(3) treatment providers certified by the division of mental health and addiction under IC 12-23-1-6 or IC 12-21-2-3(5); and

(4) other public and private agencies.

     (d) Development of a forensic diversion program plan under this chapter or IC 11-12-2-3 does not require implementation of a forensic diversion program.

     (e) The advisory board may:

(1) operate the program;

(2) contract with existing public or private agencies to operate one (1) or more components of the program; or

(3) take any combination of actions under subdivisions (1) or (2).

     (f) Any treatment services provided under the forensic diversion program:

(1) for addictions must be provided by an entity that is certified by the division of mental health and addiction under IC 12-23-1-6; or

(2) for mental health must be provided by an entity that is:

(A) certified by the division of mental health and addiction under IC 12-21-2-3(5);

(B) accredited by an accrediting body approved by the division of mental health and addiction; or

(C) licensed to provide mental health services under IC 25.

As added by P.L.85-2004, SEC.3. Amended by P.L.192-2007, SEC.5; P.L.108-2010, SEC.2; P.L.2-2014, SEC.55; P.L.187-2015, SEC.8.

 

IC 11-12-3.7-7.5Persons to receive information and training concerning diversion programs

     Sec. 7.5. The following persons shall provide or be provided information and training concerning diversion programs or other probationary programs available for individuals with an addictive disorder, including information on medication assisted treatment within these programs:

(1) Judges, provided by the Indiana judicial center.

(2) Prosecutors, provided by the prosecuting attorneys council.

(3) Public defenders, provided by the public defender council of Indiana.

As added by P.L.154-2015, SEC.1.

 

IC 11-12-3.7-8Request for treatment; tolling of speedy trial period

     Sec. 8. (a) An individual may request treatment under this chapter or the court may order an evaluation of the individual to determine if the individual is an appropriate candidate for forensic diversion.

     (b) A request for treatment or an order for an evaluation under this chapter tolls the running of the speedy trial time period until the court has made a determination of eligibility for the program under this section.

As added by P.L.85-2004, SEC.3.

 

IC 11-12-3.7-9Periodic progress report; court order required for release from program

     Sec. 9. (a) A court shall be provided with periodic progress reports on an individual who is ordered by the court to undergo treatment in a forensic diversion program.

     (b) A participant may not be released from a forensic diversion program without a court order. The court must consider the recommendation of the forensic diversion program before ordering a participant's release.

As added by P.L.85-2004, SEC.3.

 

IC 11-12-3.7-10Forensic diversion advisory board; members

     Sec. 10. (a) A county that does not have a community corrections advisory board may form a forensic diversion advisory board.

     (b) A forensic diversion advisory board formed under subsection (a) shall consist of the following:

(1) A judge exercising criminal jurisdiction in the county.

(2) The head of the county public defender office, if there is one in the county, or a criminal defense attorney who practices in the county if there is not a county public defender office in the county.

(3) The chief probation officer.

(4) The prosecuting attorney.

(5) The drug court judge or the designee of the drug court judge if there is a certified drug court in the county.

(6) The supervising judge of the court alcohol and drug services program or the designee of the supervising judge, if there is a certified court alcohol and drug services program in the county.

(7) An individual who is certified or licensed as a substance abuse professional.

(8) An individual who is certified or licensed as a mental health professional.

(9) An individual with expertise in substance abuse or mental health treatment.

As added by P.L.85-2004, SEC.3.

 

IC 11-12-3.7-11Eligibility for pre-conviction forensic diversion; advisements; stay of entry of judgment; consequences of successful completion or failure

     Sec. 11. (a) A person is eligible to participate in a pre-conviction forensic diversion program only if the person meets the following criteria:

(1) The person has an intellectual disability, a developmental disability, an autism spectrum disorder, a mental illness, an addictive disorder, or a combination of those conditions.

(2) The person has been charged with an offense that is:

(A) not a violent offense; and

(B) a Class A, B, or C misdemeanor, or a Level 6 felony that may be reduced to a Class A misdemeanor in accordance with IC 35-50-2-7.

(3) The person does not have a conviction for a violent offense in the previous ten (10) years.

(4) The court has determined that the person is an appropriate candidate to participate in a pre-conviction forensic diversion program.

(5) The person has been accepted into a pre-conviction forensic diversion program.

     (b) Before an eligible person is permitted to participate in a pre-conviction forensic diversion program, the court shall advise the person of the following:

(1) Before the individual is permitted to participate in the program, the individual will be required to enter a guilty plea to the offense with which the individual has been charged.

(2) The court will stay entry of the judgment of conviction during the time in which the individual is successfully participating in the program. If the individual stops successfully participating in the program, or does not successfully complete the program, the court will lift its stay, enter a judgment of conviction, and sentence the individual accordingly.

(3) If the individual participates in the program, the individual may be required to remain in the program for a period not to exceed three (3) years.

(4) During treatment the individual may be confined in an institution, be released for treatment in the community, receive supervised aftercare in the community, or may be required to receive a combination of these alternatives. Programs for addictive disorders may include:

(A) addiction counseling;

(B) inpatient detoxification;

(C) case management;

(D) daily living skills; and

(E) medication assisted treatment, including a federal Food and Drug Administration approved long acting, nonaddictive medication for the treatment of opioid or alcohol dependence.

(5) If the individual successfully completes the forensic diversion program, the court will waive entry of the judgment of conviction and dismiss the charges.

(6) The court shall determine, after considering a report from the forensic diversion program, whether the individual is successfully participating in or has successfully completed the program.

     (c) Before an eligible person may participate in a pre-conviction forensic diversion program, the person must plead guilty to the offense with which the person is charged.

     (d) Before an eligible person may be admitted to a facility under the control of the division of mental health and addiction, the individual must be committed to the facility under IC 12-26.

     (e) After the person has pleaded guilty, the court shall stay entry of judgment of conviction and place the person in the pre-conviction forensic diversion program for not more than:

(1) two (2) years, if the person has been charged with a misdemeanor; or

(2) three (3) years, if the person has been charged with a felony.

     (f) If, after considering the report of the forensic diversion program, the court determines that the person has:

(1) failed to successfully participate in the forensic diversion program, or failed to successfully complete the program, the court shall lift its stay, enter judgment of conviction, and sentence the person accordingly; or

(2) successfully completed the forensic diversion program, the court shall waive entry of the judgment of conviction and dismiss the charges.

As added by P.L.85-2004, SEC.3. Amended by P.L.192-2007, SEC.6; P.L.168-2014, SEC.25; P.L.187-2015, SEC.9; P.L.209-2015, SEC.6.

 

IC 11-12-3.7-12Eligibility for post-conviction forensic diversion; probation; nonsuspendible sentences; consequences of successful or unsuccessful participation

     Sec. 12. (a) A person is eligible to participate in a post-conviction forensic diversion program only if the person meets the following criteria:

(1) The person has an intellectual disability, a developmental disability, an autism spectrum disorder, a mental illness, an addictive disorder, or a combination of those conditions.

(2) The person has been convicted of an offense that is:

(A) not a violent offense; and

(B) not a drug dealing offense.

(3) The person does not have a conviction for a violent offense in the previous ten (10) years.

(4) The court has determined that the person is an appropriate candidate to participate in a post-conviction forensic diversion program.

(5) The person has been accepted into a post-conviction forensic diversion program.

     (b) If the person meets the eligibility criteria described in subsection (a) and has been convicted of an offense that may be suspended, the court may:

(1) suspend all or a portion of the person's sentence;

(2) place the person on probation for the suspended portion of the person's sentence; and

(3) require as a condition of probation that the person successfully participate in and successfully complete the post-conviction forensic diversion program.

     (c) If the person meets the eligibility criteria described in subsection (a) and has been convicted of an offense that is nonsuspendible, the court may:

(1) order the execution of the nonsuspendible sentence; and

(2) stay execution of all or part of the nonsuspendible portion of the sentence pending the person's successful participation in and successful completion of the post-conviction forensic diversion program.

The court shall treat the suspendible portion of a nonsuspendible sentence in accordance with subsection (b).

     (d) The person may be required to participate in the post-conviction forensic diversion program for no more than:

(1) two (2) years, if the person has been charged with a misdemeanor; or

(2) three (3) years, if the person has been charged with a felony.

The time periods described in this section only limit the amount of time a person may spend in the forensic diversion program and do not limit the amount of time a person may be placed on probation.

     (e) If, after considering the report of the forensic diversion program, the court determines that a person convicted of an offense that may be suspended has failed to successfully participate in the forensic diversion program, or has failed to successfully complete the program, the court may do any of the following:

(1) Revoke the person's probation.

(2) Order all or a portion of the person's suspended sentence to be executed.

(3) Modify the person's sentence.

(4) Order the person to serve all or a portion of the person's suspended sentence in:

(A) a work release program established by the department under IC 11-10-8 or IC 11-10-10; or

(B) a county work release program under IC 11-12-5.

     (f) If, after considering the report of the forensic diversion program, the court determines that a person convicted of a nonsuspendible offense failed to successfully participate in the forensic diversion program, or failed to successfully complete the program, the court may do any of the following:

(1) Lift its stay of execution of the nonsuspendible portion of the sentence and remand the person to the department.

(2) Order the person to serve all or a portion of the nonsuspendible portion of the sentence that is stayed in:

(A) a work release program established by the department under IC 11-10-8 or IC 11-10-10; or

(B) a county work release program under IC 11-12-5.

(3) Modify the person's sentence.

However, if the person failed to successfully participate in the forensic diversion program, or failed to successfully complete the program while serving the suspendible portion of a nonsuspendible sentence, the court may treat the suspendible portion of the sentence in accordance with subsection (e).

     (g) If, after considering the report of the forensic diversion program, the court determines that a person convicted of a nonsuspendible offense has successfully completed the program, the court shall waive execution of the nonsuspendible portion of the person's sentence.

As added by P.L.85-2004, SEC.3. Amended by P.L.39-2006, SEC.1; P.L.192-2007, SEC.7; P.L.187-2015, SEC.10.

 

IC 11-12-3.7-13Forensic diversion program account

     Sec. 13. (a) As used in this section, "account" means the forensic diversion program account established as an account within the state general fund by subsection (b).

     (b) The forensic diversion program account is established within the state general fund to administer and carry out the purposes of this chapter. The department shall administer the account.

     (c) The expenses of administering the account shall be paid from money in the account.

     (d) The treasurer of state shall invest money in the account in the same manner as other public money may be invested.

     (e) Money in the account at the end of the state fiscal year does not revert to the state general fund.

     (f) The account consists of:

(1) amounts appropriated by the general assembly; and

(2) donations, grants, and money received from any other source.

     (g) The department shall adopt guidelines governing the disbursement of funds to the advisory board to support the operation of the forensic diversion program.

     (h) There is annually appropriated to the department from the account an amount sufficient to carry out the purposes of this chapter.

As added by P.L.85-2004, SEC.3.

 

IC 11-12-3.8Chapter 3.8. Mental Health and Addiction Forensic Treatment Services
           11-12-3.8-1"Mental health and addiction forensic treatment services"
           11-12-3.8-1.5"Substance abuse treatment"
           11-12-3.8-2Eligibility
           11-12-3.8-3Certification
           11-12-3.8-4Repealed
           11-12-3.8-5Award of financial assistance
           11-12-3.8-6Expired

 

IC 11-12-3.8-1"Mental health and addiction forensic treatment services"

     Sec. 1. As used in this chapter, "mental health and addiction forensic treatment services" means evidence based treatment and recovery wraparound support services provided to individuals who have entered the criminal justice system as a felon or with a prior felony conviction. The term includes:

(1) mental health and substance abuse treatment assessments;

(2) vocational services;

(3) housing assistance;

(4) community support services;

(5) care coordination; and

(6) transportation assistance.

As added by P.L.184-2014, SEC.2. Amended by P.L.185-2015, SEC.5.

 

IC 11-12-3.8-1.5"Substance abuse treatment"

     Sec. 1.5. For purposes of this chapter, "substance abuse treatment" may include:

(1) addiction counseling;

(2) inpatient detoxification; and

(3) medication assisted treatment, including a federal Food and Drug Administration approved long acting, nonaddictive medication for the treatment of opioid or alcohol dependence.

As added by P.L.187-2015, SEC.11; P.L.209-2015, SEC.7.

 

IC 11-12-3.8-2Eligibility

     Sec. 2. An individual is eligible for mental health and addiction forensic treatment services if the individual:

(1) is a member of a household with an annual income that does not exceed two hundred percent (200%) of the federal income poverty level;

(2) is a resident of Indiana;

(3) is at least eighteen (18) years of age; and

(4) has entered the criminal justice system as a felon or with a prior felony conviction.

As added by P.L.184-2014, SEC.2.

 

IC 11-12-3.8-3Certification

     Sec. 3. Mental health and addiction forensic treatment services may be administered or coordinated only by a provider certified by the division of mental health and addiction.

As added by P.L.184-2014, SEC.2.

 

IC 11-12-3.8-4Repealed

As added by P.L.184-2014, SEC.2. Repealed by P.L.179-2015, SEC.6; P.L.209-2015, SEC.8.

 

IC 11-12-3.8-5Award of financial assistance

     Sec. 5. (a) The commissioner may award financial assistance to a community corrections program based on the proposed implementation of evidence based practices or the proposed coordination of services with other community supervision agencies operating in the same county.

     (b) Before providing financial assistance under this section, the commissioner shall consult with the judicial conference of Indiana and the division of mental health and addiction:

(1) for the purpose of more effectively addressing the need for:

(A) substance abuse treatment;

(B) mental health services; and

(C) other services for offenders placed on community supervision; and

(2) to avoid duplication of services.

     (c) Mental health and addiction forensic treatment services may be provided by grants under this section. Evidence based treatment and recovery wraparound support services may be provided to individuals who have entered the criminal justice system as a felon or with a prior felony conviction. Services provided under this section may include:

(1) mental health and substance abuse treatment;

(2) vocational services;

(3) housing assistance;

(4) community support services;

(5) care coordination; and

(6) transportation assistance.

     (d) Mental health and addiction forensic treatment services provided under this section shall be administered or coordinated by a provider certified by the division of mental health and addiction to provide mental health or substance abuse treatment.

     (e) The commissioner may award financial assistance under this chapter to the Marion County recidivism reduction pilot project established under section 6 of this chapter. This subsection expires June 30, 2017.

As added by P.L.184-2014, SEC.2. Amended by P.L.158-2014, SEC.2.

 

IC 11-12-3.8-6Expired

As added by P.L.158-2014, SEC.2. Expired 6-30-2017 by P.L.158-2014, SEC.2.

 

IC 11-12-4Chapter 4. Standards, Rules, and Construction of County Jails
           11-12-4-1Adoption of minimum standards; requirements of standards; committee of sheriffs; views and suggestions of sheriffs and county commissioners
           11-12-4-2Inspection of county jails; notice of noncompliance with standards; petition for injunction; recommendation to convene grand jury; action by sheriff
           11-12-4-3Rules for maintenance of order and discipline in county jail; requirements; disciplinary action
           11-12-4-4Jail officer; necessity; training
           11-12-4-5Construction; final plans and specifications; review
           11-12-4-6Plans and specifications; review for minimum standards
           11-12-4-7Report to division of fire and building safety and county commissioners; contents
           11-12-4-8Application of section; issuance of design release

 

IC 11-12-4-1Adoption of minimum standards; requirements of standards; committee of sheriffs; views and suggestions of sheriffs and county commissioners

     Sec. 1. (a) The department shall adopt under IC 4-22-2 minimum standards for county jails governing:

(1) general physical and environmental conditions;

(2) services and programs to be provided to confined persons; and

(3) procedures for the care and control of confined persons that are necessary to ensure the health and safety of confined persons, the security of the jail, and public safety.

However, the department may not adopt any standard that prohibits the placement of more than one (1) prisoner in a prisoner cell that has thirty-five (35) square feet or more of floor space per prisoner.

     (b) The standards must be sufficiently flexible to foster the development of new and improved practices and to accommodate local needs and circumstances. The standards must be consistent with the laws of Indiana and the rules of the state department of health and the fire prevention and building safety commission.

     (c) The commissioner shall select a committee of not less than five (5) county sheriffs to consult with the department before and during the drafting of the proposed minimum standards. County sheriffs shall be selected from the various classes of counties to ensure that densely, moderately, and sparsely populated counties are represented. Each county sheriff is entitled to the minimum salary per diem as provided in IC 4-10-11-2.1 for each day engaged in the official business of the committee and to reimbursement for traveling and other expenses, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.

     (d) At least sixty (60) days before setting the date for a public hearing under IC 4-22-2, the department shall forward copies of the proposed minimum standards to each county sheriff and each board of county commissioners and shall solicit their views and suggestions.

As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.152-1983, SEC.1; P.L.8-1984, SEC.15; P.L.245-1987, SEC.9; P.L.2-1992, SEC.114.

 

IC 11-12-4-2Inspection of county jails; notice of noncompliance with standards; petition for injunction; recommendation to convene grand jury; action by sheriff

     Sec. 2. (a) The department shall inspect each county jail at least one (1) time each year to determine whether it is complying with the standards adopted under section 1 of this chapter. If the department determines that a jail is not complying with the standards, the commissioner shall give written notice of this determination to the county sheriff, the board of county commissioners, the prosecuting attorney, the circuit court, superior court, or probate court, and all courts having criminal or juvenile jurisdiction in that county. This notice must specify which standards are not being met and state the commissioner's recommendations regarding compliance.

     (b) If after six (6) months from the date of the written notice the department determines that the county is not making a good faith effort toward compliance with the standards specified in the notice, the commissioner may:

(1) petition the circuit court, superior court, or probate court for an injunction prohibiting the confinement of persons in all or any part of the jail, or otherwise restricting the use of the jail; or

(2) recommend, in writing, to the prosecuting attorney and each court with criminal or juvenile jurisdiction that a grand jury be convened to tour and examine the county jail under IC 35-34-2-11.

     (c) Upon receipt of notice by the commissioner that the jail does not comply with standards adopted under section 1 of this chapter, the sheriff may bring an action in the circuit court, superior court, or probate court against the board of county commissioners or county council for appropriate mandatory or injunctive relief.

As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.5-2002, SEC.1; P.L.84-2016, SEC.61.

 

IC 11-12-4-3Rules for maintenance of order and discipline in county jail; requirements; disciplinary action

     Sec. 3. The county sheriff shall adopt rules for the maintenance of order and discipline among persons committed to the county jail. These rules must describe the conduct for which disciplinary action may be imposed, the type of disciplinary action that may be taken, and the disciplinary procedure to be followed. The rules and possible disciplinary action must be made available to all persons committed to the county jail. The disciplinary action imposed must be proportionate to the seriousness of the violation.

As added by Acts 1979, P.L.120, SEC.5.

 

IC 11-12-4-4Jail officer; necessity; training

     Sec. 4. (a) As used in this section, "jail officer" means a person whose duties include the daily or ongoing supervision of county jail inmates.

     (b) A person may be confined in the county jail only if there is a jail officer stationed in the jail.

     (c) A jail officer whose employment begins after December 31, 1985, shall complete the training required by this section during the first year of employment. This subsection does not apply to a jail officer who:

(1) has successfully completed minimum basic training requirements (other than training completed under IC 5-2-1-9(i)) for law enforcement officers established by the law enforcement training board; or

(2) is a law enforcement officer and is exempt from the training requirements of IC 5-2-1. For purposes of this subdivision, completion of the training requirements of IC 5-2-1-9(i) does not exempt an officer from the minimum basic training requirements of IC 5-2-1.

     (d) The law enforcement training board shall develop a forty (40) hour program for the specialized training of jail officers. The program training must include six (6) hours of training in interacting with persons with mental illness, addictive disorders, intellectual disabilities, and developmental disabilities, to be provided by persons approved by the secretary of family and social services and the law enforcement training board. The remainder of the training shall be provided by the board.

     (e) The board shall certify each person who successfully completes such a training program.

     (f) The department shall pay the cost of training each jail officer.

As added by P.L.153-1983, SEC.1. Amended by P.L.129-1985, SEC.1; P.L.30-1992, SEC.5; P.L.85-2004, SEC.43; P.L.117-2015, SEC.8; P.L.4-2017, SEC.2.

 

IC 11-12-4-5Construction; final plans and specifications; review

     Sec. 5. In addition to the approval required from the agencies listed under IC 36-1-12-10, all final plans and specifications for the construction of a county jail are subject to review by the department. Before construction may begin on a county jail, the board of county commissioners shall submit the plans and specifications to the department.

As added by P.L.130-1985, SEC.1.

 

IC 11-12-4-6Plans and specifications; review for minimum standards

     Sec. 6. The department shall review plans and specifications submitted by a county under section 5 of this chapter to determine whether the new jail will meet the minimum standards adopted by the department under section 1 of this chapter.

As added by P.L.130-1985, SEC.2.

 

IC 11-12-4-7Report to division of fire and building safety and county commissioners; contents

     Sec. 7. After conducting the review required by section 6 of this chapter, the department shall send a copy of the department's report to the division of fire and building safety and make a public report to the board of county commissioners. In the report, the department shall evaluate whether the jail, if constructed according to the plans and specifications submitted to the department, meets the minimum standards adopted by the department under section 1 of this chapter.

As added by P.L.130-1985, SEC.3. Amended by P.L.1-2006, SEC.182.

 

IC 11-12-4-8Application of section; issuance of design release

     Sec. 8. (a) This section does not apply to the approval of the plans and specifications for a county jail under IC 22-15-3 if the department has failed to submit its report under section 7 of this chapter to the division of fire and building safety within ten (10) regular working days of the date that the department received the plans and specifications from the board of county commissioners.

     (b) The division of fire and building safety may not issue a design release for a county jail under IC 22-15-3 until the division of fire and building safety receives the report of the department for that county jail under section 7 of this chapter.

As added by P.L.130-1985, SEC.4. Amended by P.L.245-1987, SEC.10; P.L.1-2006, SEC.183.

 

IC 11-12-5Chapter 5. County Jails: Work; Temporary Release
           11-12-5-1Inmates; clean and orderly quarters; general maintenance work
           11-12-5-2Temporary release from custody; purpose; eligibility
           11-12-5-3Earnings of person employed under this chapter; distribution; use of remaining amount; waiver of collection of room and board
           11-12-5-4Application of IC 11-12-5-2 and IC 11-12-5-3
           11-12-5-5Health care copayments
           11-12-5-5.5County reimbursement for health care services provided to person subject to lawful detention
           11-12-5-6Medical care expenses
           11-12-5-7Reimbursement of inmate medical care expenses
           11-12-5-8Return of unused medications, medical devices, or medical supplies
           11-12-5-9Assistance in applying for Medicaid before release or discharge; timing of assistance; contract with outside entity
           11-12-5-10Assistance in securing treatment for mental illness or addictive disorder; timing of assistance; outside entity assistance

 

IC 11-12-5-1Inmates; clean and orderly quarters; general maintenance work

     Sec. 1. (a) A person confined in a county jail may be required to keep his own living quarters clean and orderly.

     (b) A person confined in a county jail upon conviction of a crime may be required to perform general maintenance work and assist in providing other services essential to the administration of the facility or program. As used in this subsection, "general maintenance work" does not include construction, remodeling, or repair of the facility.

As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.72-1992, SEC.2; P.L.1-1993, SEC.67.

 

IC 11-12-5-2Temporary release from custody; purpose; eligibility

     Sec. 2. (a) The county sheriff may establish a program whereby persons who have been committed to the county jail upon conviction of a crime or adjudication of contempt may be temporarily released from custody to work, attend an academic or vocational training institution or program, or obtain medical, psychiatric, or psychological treatment, including treatment for drug addiction or alcoholism.

     (b) A person is eligible for temporary release under this section unless:

(1) the sentencing or committing court disapproves the person's release; or

(2) the person has been convicted of a sex offense under IC 35-42-4 or IC 35-46-1-3.

     (c) "Work" under this section includes assignment to a work party formed to perform any work the sheriff determines to be of benefit to the community.

     (d) Persons on work parties formed under this section may be required to wear distinctive jail uniforms.

As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.144-1995, SEC.2; P.L.264-1999, SEC.2.

 

IC 11-12-5-3Earnings of person employed under this chapter; distribution; use of remaining amount; waiver of collection of room and board

     Sec. 3. (a) Any earnings of a person employed under this chapter, less payroll deductions required by law and court ordered deductions for satisfaction of a judgment against that person, shall be collected by the county sheriff, probation department, county office of the division of family resources, or other agency designated by the sentencing or committing court. Unless otherwise ordered by the court, the remaining earnings shall be distributed in the following order:

(1) To pay state and federal income taxes and Social Security deductions not otherwise withheld.

(2) To pay the cost of membership in an employee organization.

(3) Not less than fifteen percent (15%) of the person's gross earnings, if that amount of the gross is available after the above deductions, to be given to that person or retained for the person, with accrued interest, until the person's release or discharge.

(4) To pay for the person's room and board provided by the county.

(5) To pay transportation costs to and from work, and other work related incidental expenses.

(6) To pay court ordered costs, fines, or restitution.

     (b) After the amounts prescribed in subsection (a) are deducted, the remaining amount may be used to:

(1) when directed by the person or ordered by the court, pay for the support of the person's dependents (if the person's dependents are receiving welfare assistance, the appropriate county office of the division of family resources or welfare department in another state shall be notified of such disbursements); and

(2) with the consent of the person, pay to the person's victims or others any unpaid obligations of that person.

     (c) Any remaining amount shall be given to the person or retained for the person according to subsection (a)(3).

     (d) The collection of room and board under subsection (a)(4) may be waived.

As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.2-1992, SEC.115; P.L.4-1993, SEC.16; P.L.5-1993, SEC.29; P.L.146-2008, SEC.373; P.L.44-2009, SEC.8.

 

IC 11-12-5-4Application of IC 11-12-5-2 and IC 11-12-5-3

     Sec. 4. Sections 2 and 3 of this chapter do not apply to a person serving a term of imprisonment under IC 35-38-2-2.3(c).

As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.5-1988, SEC.62; P.L.1-1991, SEC.99.

 

IC 11-12-5-5Health care copayments

     Sec. 5. (a) This section does not apply to a person confined to a county jail who:

(1) maintains a policy of insurance from a private company covering:

(A) medical care;

(B) dental care;

(C) eye care; or

(D) any other health care related service; or

(2) is willing to pay for the person's own medical care.

     (b) Except as provided in subsection (c), a person confined to a county jail may be required to make a copayment in an amount of not more than fifteen dollars ($15) for each provision of any of the following services:

(1) Medical care.

(2) Dental care.

(3) Eye care.

(4) Any other health care related service.

     (c) A person confined to a county jail is not required to make the copayment under subsection (b) if:

(1) the person does not have funds in the person's commissary account or trust account at the time the service is provided;

(2) the person does not have funds in the person's commissary account or trust account within sixty (60) days after the service is provided;

(3) the service is provided in an emergency;

(4) the service is provided as a result of an injury received in the county jail; or

(5) the service is provided at the request of the sheriff or jail administrator.

     (d) Money collected must be deposited into the county medical care for inmates fund.

     (e) Rules for the implementation of this section must be approved by the county legislative body.

As added by P.L.72-1994, SEC.1. Amended by P.L.143-1995, SEC.2; P.L.102-2002, SEC.1.

 

IC 11-12-5-5.5County reimbursement for health care services provided to person subject to lawful detention

     Sec. 5.5. (a) As used in this section, "charge description master" means a listing of the amount charged by a hospital for each service, item, and procedure:

(1) provided by the hospital; and

(2) for which a separate charge exists.

     (b) As used in this section, "health care services" includes health care items and procedures.

     (c) As used in this section, "lawful detention" means the following:

(1) Arrest.

(2) Custody following surrender in lieu of arrest.

(3) Detention in a penal facility.

(4) Detention for extradition or deportation.

(5) Custody for purposes incident to any of the above, including transportation, medical diagnosis or treatment, court appearances, work, or recreation.

The term does not include supervision of a person on probation or parole or constraint incidental to release with or without bail.

     (d) This section:

(1) does not apply in the case of a person who is subject to lawful detention by a county sheriff and is:

(A) covered under private health coverage for health care services; or

(B) willing to pay for the person's own health care services;

(2) does not apply to an inmate receiving inpatient services under IC 36-2-13-19; and

(3) does not affect copayments required under section 5 of this chapter.

     (e) Except as provided in subsections (f) and (g), a county that is responsible for payment for health care services provided to a person who is subject to lawful detention by the county's sheriff shall reimburse:

(1) a physician licensed under IC 25-22.5;

(2) a hospital licensed under IC 16-21-2; or

(3) another health care provider;

for the cost of a health care service at the federal Medicare reimbursement rate for the health care service provided plus four percent (4%).

     (f) Except as provided in subsection (g), if there is no federal Medicare reimbursement rate for a health care service described in subsection (e), the county shall do the following:

(1) If the health care service is provided by a hospital, the county shall reimburse the hospital an amount equal to sixty-five percent (65%) of the amount charged by the hospital according to the hospital's charge description master.