Bill Text: IN HB1352 | 2010 | Regular Session | Introduced
Bill Title: Nonprofit or faith based community transition programs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-13 - First reading: referred to Committee on Public Policy [HB1352 Detail]
Download: Indiana-2010-HB1352-Introduced.html
Citations Affected: IC 11-8-1; IC 11-10; IC 11-12; IC 33-23-14-3;
IC 34-6-2-38; IC 34-13-3-3; IC 35-38-1; IC 35-41-1; IC 35-44-3-9.3;
IC 35-50-6.
Synopsis: Nonprofit or faith based community transition programs.
Establishes that nonprofit or faith based community transition
programs are eligible to receive certain offenders for community
transition programs. Sets the per diem reimbursement rate for nonprofit
or faith based community transition programs. Provides that certain
individuals who provide services to offenders placed with a nonprofit
or faith based community transition program are considered to be
public employees for certain purposes. Provides immunity for
individuals or entities operating a nonprofit or faith based community
transition program.
Effective: July 1, 2010.
January 13, 2010, read first time and referred to Committee on Public Policy.
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A BILL FOR AN ACT to amend the Indiana Code concerning
corrections.
(b) "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.
(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 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;
(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 listed in IC 35-50-2-2(b)(4).
(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 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;
(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 listed in IC 35-50-2-2(b)(4).
(1) that is:
(A) exempt from federal income taxation under section 501(c)(3) of the Internal Revenue Code; or
(B) operated as a part of or is directly affiliated with a church or religious ministry;
and has staff with training or experience in spiritual counseling, addictions counseling, vocational counseling, or a combination of the foregoing; and
(2) that accepts the assignment of a person committed to the department for a period after a person's nonprofit or faith based 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.
(1) Murder (IC 35-42-1-1).
(2) Voluntary manslaughter (IC 35-42-1-3).
(3) Involuntary manslaughter (IC 35-42-1-4).
(4) Reckless homicide (IC 35-42-1-5).
(5) Battery (IC 35-42-2-1) with a deadly weapon or battery causing death.
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Kidnapping (IC 35-42-3-2).
(8) Confinement (IC 35-42-3-3) with a deadly weapon.
(9) Sexual battery (IC 35-42-4-8) with a deadly weapon.
(10) Rape (IC 35-42-4-1).
(11) Criminal deviate conduct (IC 35-42-4-2).
(12) Child molesting (IC 35-42-4-3).
(13) Child solicitation (IC 35-42-4-6).
(14) Sexual misconduct with a minor as a Class A felony (IC 35-42-4-9).
(15) Robbery (IC 35-42-5-1).
(16) Burglary as a Class A felony or a Class B felony (IC 35-43-2-1).
(17) Operating a motor vehicle while intoxicated causing death (IC 9-30-5-5).
(18) Arson (IC 35-43-1-1) resulting in serious bodily injury.
(19) Resisting law enforcement (IC 35-44-3-3) with a deadly weapon.
(20) Escape (IC 35-44-3-5) with a deadly weapon.
(21) Rioting (IC 35-45-1-2) with a deadly weapon.
(22) An attempt to commit an offense described in subdivisions (1) through (21).
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 or a nonprofit or faith based 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.
(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) If a person is accepted into a nonprofit or faith based community transition program, this chapter applies to a person:
(1) who is committed to the department under IC 35-50 for one (1) or more felonies;
(2) is a nonviolent offender;
(3) is not serving a sentence for a conviction for a felony described in:
(A) IC 16-42-19; or
(B) IC 35-48-4; and
(4) against whom a court imposed a sentence of at least one and one-half (1 1/2) years.
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 or nonprofit or faith based 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 credit time after notice is sent to each court under this
section, the offender may become ineligible for a community transition
program or nonprofit or faith based community transition
program.
(c) If the offender's expected release date changes as the result of
the gain of credit time after notice is sent to each court under this
section, the offender may be assigned to a community transition
program or a nonprofit or faith based 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 or nonprofit or
faith based 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 credit time.
program.
(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 or a nonprofit or faith based 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 or a nonprofit or faith based 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 or a nonprofit or faith based 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 or a nonprofit or faith
based 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.
(b) 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.
(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.
(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 or nonprofit or faith based 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).
entity receiving the offender under section 7 of this chapter shall
transfer the offender to the intake person for the community transition
program or the nonprofit or faith based community transition
program.
(b) As soon as is practicable after receiving the offender, the
community transition program or the nonprofit or faith based
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 or a nonprofit or faith
based community transition program; and
(2) refuses to participate in the community transition program or
a nonprofit or faith based community transition program.
(1) the rules concerning the conduct of persons in the community transition program or the nonprofit or faith based 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) The community transition program or the nonprofit or faith based 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 earned credit time 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 or a nonprofit or faith based community transition program for the duration of the sentence or sentences the offender is actively serving.
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 or the nonprofit or faith based
community transition program at the discretion of the community
transition program or the nonprofit or faith based community
transition program. Unless otherwise ordered by the sentencing court,
if the community transition program or the nonprofit or faith based
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 or the
nonprofit or faith based community transition program.
(5) To pay transportation costs to and from work and other work
related incidental expenses incurred by the community transition
program or the nonprofit or faith based 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.
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 or a nonprofit or faith
based 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
or the nonprofit or faith based community transition program
to another facility or program; or
(2) continue the offender's assignment to the community
transition program or the nonprofit or faith based community
transition program and return the offender to the community
transition program or the nonprofit or faith based 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 credit time during the period of the
offender's medical treatment.
(e) The department shall adopt rules under IC 4-22-2 to implement
this section.
(1) released on parole;
(2) assigned to a community transition program or a nonprofit or faith based 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 a nonprofit or faith based community transition program; or
(3) discharged from the department.
(1) released on parole;
(2) assigned to a community transition program or a nonprofit or faith based 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 credit time, 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.
Chapter 11. Nonprofit and Faith Based Community Transition Program
Sec. 1. (a) A nonprofit or faith based community transition program is eligible to receive nonviolent offenders under this chapter upon written approval by the department.
(b) A nonprofit or faith based community transition program must submit an application for enrollment to the department.
(c) The application for enrollment shall be developed by the department.
Sec. 2. (a) The department shall issue a written approval or denial of an application for enrollment within sixty (60) days after the receipt of the application. However, the department may extend the period for approval by an additional sixty (60) days for good cause.
(b) A nonprofit or faith based community transition program shall provide information in addition to the information required in the application, as requested by the department.
Sec. 3. Subject to section 4 of this chapter, a nonprofit or faith based community transition program that receives written approval of its program under section 2 of this chapter is eligible to receive placement of a nonviolent offender under IC 11-10-11.5.
Sec. 4. The department and the nonprofit or faith based community transition program shall enter into an agreement governing placements of nonviolent offenders with the program before any nonviolent offender may be placed with the program. The department may terminate a program's eligibility to receive placements under IC 11-10-11.5, if the program fails to comply with the agreement.
Sec. 5. (a) The department shall reimburse a nonprofit or faith based community transition program on a per diem basis for services provided to persons assigned to a community transition program under IC 11-10-11.5.
(b) The department shall set the per diem rate under this section. In setting the per diem rate for a community transition program, the department may consider the direct costs incurred by the nonprofit or faith based community transition program to provide the program. The per diem rate may not be less than fifty percent (50%) of the amount of the average daily cost of incarcerating an offender in the department under IC 11-10-13.
(c) The per diem rate paid under this section shall be paid from appropriations to the department.
(b) A reentry court has jurisdiction over an individual who:
(1) resides in the county in which the reentry court is located; and
(2) has been released from the custody of the department of correction:
(A) on probation;
(B) on parole;
(C) as part of a community transition program or nonprofit or faith based community transition program under IC 11-10-11.5; or
(D) to a community corrections program as part of a sentence reduction or sentence modification under IC 35-38-1-17.
(c) A reentry court having jurisdiction over an individual loses jurisdiction over the individual:
(1) when the individual's participation in a community transition program or nonprofit or faith based community transition program ends, unless the individual is required to serve an additional period on probation, parole, or community corrections;
(2) when the individual's period of probation, parole, or community corrections expires; or
(3) if the individual's probation, parole, or community corrections placement is revoked and the individual is returned to the custody of the department of correction.
(d) A reentry court does not have jurisdiction over an individual who has been released from the department of correction after serving the individual's entire sentence.
(b) The term also includes:
(1) attorneys at law whether employed by the governmental entity as employees or independent contractors;
(2) physicians licensed under IC 25-22.5 and optometrists who provide medical or optical care to:
(A) confined offenders (as defined in IC 11-8-1); or
(B) offenders placed with a nonprofit or faith based community transition program (as defined in IC 11-8-1-8.6);
within the course of their employment by, or contractual relationship with, the department of correction, or as the result of an offender's placement with a nonprofit or faith based
community transition program; and
(3) volunteers or employees of a nonprofit or faith based
community transition program (as defined in IC 11-8-1-8.6)
providing a placement for a person committed to the
department of correction.
However, the term does not include
(1) an independent contractor (other than an attorney at law, a
physician, or an optometrist described in this section),
(2) an agent or employee of an independent contractor (other
than volunteers or employees of a nonprofit or faith based
community transition program (as defined in IC 11-8-1-8.6)),
(3) a person appointed by the governor to an honorary advisory or
honorary military position, or
(4) a physician licensed under IC 25-22.5 with regard to a claim
against the physician for an act or omission occurring or allegedly
occurring in the physician's capacity as an employee of a hospital.
(c) For purposes of IC 34-13-3 and IC 34-13-4, the term includes a
person that engages in an act or omission before July 1, 2004, in the
person's capacity as:
(1) a contractor under IC 6-1.1-4-32 (repealed);
(2) an employee acting within the scope of the employee's duties
for a contractor under IC 6-1.1-4-32 (repealed);
(3) a subcontractor of the contractor under IC 6-1.1-4-32
(repealed) that is acting within the scope of the subcontractor's
duties; or
(4) an employee of a subcontractor described in subdivision (3)
that is acting within the scope of the employee's duties.
(1) The natural condition of unimproved property.
(2) The condition of a reservoir, dam, canal, conduit, drain, or similar structure when used by a person for a purpose that is not foreseeable.
(3) The temporary condition of a public thoroughfare or extreme sport area that results from weather.
(4) The condition of an unpaved road, trail, or footpath, the purpose of which is to provide access to a recreation or scenic area.
(5) The design, construction, control, operation, or normal condition of an extreme sport area, if all entrances to the extreme sport area are marked with:
(A) a set of rules governing the use of the extreme sport area;
(B) a warning concerning the hazards and dangers associated with the use of the extreme sport area; and
(C) a statement that the extreme sport area may be used only by persons operating extreme sport equipment.
This subdivision shall not be construed to relieve a governmental entity from liability for the continuing duty to maintain extreme sports areas in a reasonably safe condition.
(6) The initiation of a judicial or an administrative proceeding.
(7) The performance of a discretionary function. However, the provision of medical or optical care as provided in IC 34-6-2-38 shall be considered as a ministerial act.
(8) The adoption and enforcement of or failure to adopt or enforce a law (including rules and regulations), unless the act of enforcement constitutes false arrest or false imprisonment.
(9) An act or omission performed in good faith and without malice under the apparent authority of a statute which is invalid if the employee would not have been liable had the statute been valid.
(10) The act or omission of anyone other than the governmental entity or the governmental entity's employee.
(11) The issuance, denial, suspension, or revocation of, or failure or refusal to issue, deny, suspend, or revoke any permit, license, certificate, approval, order, or similar authorization, where the authority is discretionary under the law.
(12) Failure to make an inspection, or making an inadequate or negligent inspection, of any property, other than the property of a governmental entity, to determine whether the property complied with or violates any law or contains a hazard to health or safety.
(13) Entry upon any property where the entry is expressly or impliedly authorized by law.
(14) Misrepresentation if unintentional.
(15) Theft by another person of money in the employee's official custody, unless the loss was sustained because of the employee's own negligent or wrongful act or omission.
(16) Injury to the property of a person under the jurisdiction and control of the department of correction if the person has not exhausted the administrative remedies and procedures provided by section 7 of this chapter.
(17) Injury to the person or property of a person under supervision of a governmental entity and who is:
(A) on probation; or
(B) assigned to an alcohol and drug services program under IC 12-23, a minimum security release program under IC 11-10-8, a pretrial conditional release program under IC 35-33-8, a community transition program under IC 11-10-11.5, or a community corrections program under IC 11-12.
For purposes of this subdivision, a person committed to the department of correction to a program described in this subdivision shall be treated as a person under the supervision of a governmental entity.
(18) Design of a highway (as defined in IC 9-13-2-73), toll road project (as defined in IC 8-15-2-4(4)), tollway (as defined in IC 8-15-3-7), or project (as defined in IC 8-15.7-2-14) if the claimed loss occurs at least twenty (20) years after the public highway, toll road project, tollway, or project was designed or substantially redesigned; except that this subdivision shall not be construed to relieve a responsible governmental entity from the continuing duty to provide and maintain public highways in a reasonably safe condition.
(19) Development, adoption, implementation, operation, maintenance, or use of an enhanced emergency communication system.
(20) Injury to a student or a student's property by an employee of a school corporation if the employee is acting reasonably under a discipline policy adopted under IC 20-33-8-12.
(21) An act or omission performed in good faith under the apparent authority of a court order described in IC 35-46-1-15.1 that is invalid, including an arrest or imprisonment related to the enforcement of the court order, if the governmental entity or employee would not have been liable had the court order been valid.
(22) An act taken to investigate or remediate hazardous substances, petroleum, or other pollutants associated with a brownfield (as defined in IC 13-11-2-19.3) unless:
(A) the loss is a result of reckless conduct; or
(B) the governmental entity was responsible for the initial placement of the hazardous substances, petroleum, or other pollutants on the brownfield.
(b) Not later than forty-five (45) days after receiving a notice under IC 11-10-11.5-2, the sentencing court may order the department of correction to retain control over a person until the person completes the person's fixed term of imprisonment, less the credit time the person has earned with respect to the term, if the court makes specific findings that support a determination:
(1) that placement of the person in a community transition program or nonprofit or faith based community transition program:
(A) places the person in danger of serious bodily injury or death; or
(B) represents a substantial threat to the safety of others; or
(2) of other good cause.
If the court issues an order under this section, the department of correction may not assign a person to a community transition program or nonprofit or faith based community transition program.
(c) The court may make a determination under this section without a hearing. The court shall consider any written statement presented to the court by a victim of the offender's crime or by an offender under IC 11-10-11.5-4.5. The court in its discretion may consider statements submitted by a victim after the time allowed for the submission of statements under IC 11-10-11.5-4.5.
(d) The court shall make written findings for a determination under this section, whether or not a hearing was held.
(e) Not later than five (5) days after making a determination under this section, the court shall send a copy of the order to the:
(1) prosecuting attorney where the person's case originated; and
(2) department of correction.
(b) A sentencing court may sentence a person or modify the sentence of a person to assign the person to a community transition program or nonprofit or faith based community transition program
for any period that begins after the person's community transition
program commencement date (as defined in IC 11-8-1-5.6) or the
person's nonprofit or faith based community transition
commencement date (as defined in IC 11-8-1-8.7) and ends when the
person completes the person's fixed term of imprisonment, less the
credit time the person has earned with respect to the term, if the court
makes specific findings of fact that support a determination that it is in
the best interests of justice to make the assignment. The order may
include any other condition that the court could impose if the court had
placed the person on probation under IC 35-38-2 or in a community
corrections program under IC 35-38-2.6.
(c) The court may make a determination under this section without
a hearing. The court shall consider any written statement presented to
the court by a victim of the offender's crime or by an offender under
IC 11-10-11.5-4.5. The court in its discretion may consider statements
submitted by a victim after the time allowed for the submission of
statements under IC 11-10-11.5-4.5.
(d) The court shall make written findings for a determination under
this section, whether or not a hearing was held.
(e) Not later than five (5) days after making a determination under
this section, the court shall send a copy of the order to the:
(1) prosecuting attorney where the person's case originated; and
(2) department of correction.
(1) confine in a penal facility;
(2) commit to the department of correction; or
(3) assign to a community transition program under IC 11-10-11.5 or a nonprofit or faith based community transition program.
(1) Alcohol.
(2) A cigarette or tobacco product.
(3) A controlled substance.
(4) An item that may be used as a weapon.
(b) As used in this section, "inmate outside a facility" means a person who is incarcerated in a penal facility or detained in a juvenile facility on a full-time basis as the result of a conviction or a juvenile adjudication but who has been or is being transported to another location to participate in or prepare for a judicial proceeding. The term does not include the following:
(1) An adult or juvenile pretrial detainee.
(2) A person serving an intermittent term of imprisonment or detention.
(3) A person serving a term of imprisonment or detention as:
(A) a condition of probation;
(B) a condition of a community corrections program;
(C) part of a community transition program or nonprofit or faith based community transition program;
(D) part of a reentry court program;
(E) part of a work release program; or
(F) part of a community based program that is similar to a program described in clauses (A) through (E).
(4) A person who has escaped from incarceration or walked away from secure detention.
(5) A person on temporary leave (as described in IC 11-10-9) or temporary release (as described in IC 11-10-10).
(c) A person who, with the intent of providing contraband to an inmate outside a facility:
(1) delivers contraband to an inmate outside a facility; or
(2) places contraband in a location where an inmate outside a facility could obtain the contraband;
commits trafficking with an inmate outside a facility, a Class A misdemeanor. However, the offense is a Class D felony if the contraband is an item described in subsection (a)(3), and a Class C felony if the contraband is an item described in subsection (a)(4).
(1) released on parole for not more than twenty-four (24) months, as determined by the parole board;
(2) discharged upon a finding by the committing court that the person was assigned to a community transition program or a
nonprofit or faith based community transition program and
may be discharged without the requirement of parole; or
(3) released to the committing court if the sentence included a
period of probation.
(b) This subsection does not apply to a person described in
subsection (d), (e), or (f). A person released on parole remains on
parole from the date of release until the person's fixed term expires,
unless the person's parole is revoked or the person is discharged from
that term by the parole board. In any event, if the person's parole is not
revoked, the parole board shall discharge the person after the period set
under subsection (a) or the expiration of the person's fixed term,
whichever is shorter.
(c) A person whose parole is revoked shall be imprisoned for all or
part of the remainder of the person's fixed term. However, the person
shall again be released on parole when the person completes that
remainder, less the credit time the person has earned since the
revocation. The parole board may reinstate the person on parole at any
time after the revocation.
(d) This subsection does not apply to a person who is a sexually
violent predator under IC 35-38-1-7.5. When a sex offender (as defined
in IC 11-8-8-4.5) completes the sex offender's fixed term of
imprisonment, less credit time earned with respect to that term, the sex
offender shall be placed on parole for not more than ten (10) years.
(e) This subsection applies to a person who:
(1) is a sexually violent predator under IC 35-38-1-7.5;
(2) has been convicted of murder (IC 35-42-1-1); or
(3) has been convicted of voluntary manslaughter (IC 35-42-1-3).
When a person described in this subsection completes the person's
fixed term of imprisonment, less credit time earned with respect to that
term, the person shall be placed on parole for the remainder of the
person's life.
(f) This subsection applies to a parolee in another jurisdiction who
is a person described in subsection (e) and whose parole supervision is
transferred to Indiana from another jurisdiction. In accordance with
IC 11-13-4-1(2) (Interstate Compact for Out-of-State Probationers and
Parolees) and rules adopted under Article VII (d)(8) of the Interstate
Compact for Adult Offender Supervision (IC 11-13-4.5), a parolee who
is a person described in subsection (e) and whose parole supervision is
transferred to Indiana is subject to the same conditions of parole as a
person described in subsection (e) who was convicted in Indiana,
including:
(1) lifetime parole (as described in subsection (e)); and
(2) the requirement that the person wear a monitoring device (as described in IC 35-38-2.5-3) that can transmit information twenty-four (24) hours each day regarding a person's precise location, if applicable.
(g) If a person being supervised on lifetime parole as described in subsection (e) is also required to be supervised by a court, a probation department, a community corrections program, a community transition program, a nonprofit or faith based community transition program, or another similar program upon the person's release from imprisonment, the parole board may:
(1) supervise the person while the person is being supervised by the other supervising agency; or
(2) permit the other supervising agency to exercise all or part of the parole board's supervisory responsibility during the period in which the other supervising agency is required to supervise the person, if supervision by the other supervising agency will be, in the opinion of the parole board:
(A) at least as stringent; and
(B) at least as effective;
as supervision by the parole board.
(h) The parole board is not required to supervise a person on lifetime parole during any period in which the person is imprisoned. However, upon the person's release from imprisonment, the parole board shall recommence its supervision of a person on lifetime parole.
(i) If a court orders the parole board to place a sexually violent predator whose sentence does not include a commitment to the department of correction on lifetime parole under IC 35-38-1-29, the parole board shall place the sexually violent predator on lifetime parole and supervise the person in the same manner in which the parole board supervises a sexually violent predator on lifetime parole whose sentence includes a commitment to the department of correction.
(1) is in credit Class I;
(2) has demonstrated a pattern consistent with rehabilitation; and
(3) successfully completes requirements to obtain one (1) of the following:
(A) A general educational development (GED) diploma under IC 20-20-6, if the person has not previously obtained a high
school diploma.
(B) A high school diploma, if the person has not previously
obtained a general educational development (GED) diploma.
(C) An associate's degree from an approved postsecondary
educational institution (as defined under IC 21-7-13-6(a)).
(D) A bachelor's degree from an approved postsecondary
educational institution (as defined under IC 21-7-13-6(a)).
(b) In addition to any credit time that a person earns under
subsection (a) or section 3 of this chapter, a person may earn credit
time if, while confined by the department of correction, the person:
(1) is in credit Class I;
(2) demonstrates a pattern consistent with rehabilitation; and
(3) successfully completes requirements to obtain at least one (1)
of the following:
(A) A certificate of completion of a career and technical
education program approved by the department of correction.
(B) A certificate of completion of a substance abuse program
approved by the department of correction.
(C) A certificate of completion of a literacy and basic life
skills program approved by the department of correction.
(c) The department of correction shall establish admissions criteria
and other requirements for programs available for earning credit time
under subsection (b). A person may not earn credit time under both
subsections (a) and (b) for the same program of study.
(d) The amount of credit time a person may earn under this section
is the following:
(1) Six (6) months for completion of a state of Indiana general
educational development (GED) diploma under IC 20-20-6.
(2) One (1) year for graduation from high school.
(3) One (1) year for completion of an associate's degree.
(4) Two (2) years for completion of a bachelor's degree.
(5) Not more than a total of six (6) months of credit, as
determined by the department of correction, for the completion of
one (1) or more career and technical education programs
approved by the department of correction.
(6) Not more than a total of six (6) months of credit, as
determined by the department of correction, for the completion of
one (1) or more substance abuse programs approved by the
department of correction.
(7) Not more than a total of six (6) months credit, as determined
by the department of correction, for the completion of one (1) or
more literacy and basic life skills programs approved by the
department of correction.
However, a person who does not have a substance abuse problem that
qualifies the person to earn credit in a substance abuse program may
earn not more than a total of twelve (12) months of credit, as
determined by the department of correction, for the completion of one
(1) or more career and technical education programs approved by the
department of correction. If a person earns more than six (6) months of
credit for the completion of one (1) or more career and technical
education programs, the person is ineligible to earn credit for the
completion of one (1) or more substance abuse programs.
(e) Credit time earned by a person under this section is subtracted
from the release date that would otherwise apply to the person after
subtracting all other credit time earned by the person.
(f) A person does not earn credit time under subsection (a) unless
the person completes at least a portion of the degree requirements after
June 30, 1993.
(g) A person does not earn credit time under subsection (b) unless
the person completes at least a portion of the program requirements
after June 30, 1999.
(h) Credit time earned by a person under subsection (a) for a
diploma or degree completed before July 1, 1999, shall be subtracted
from:
(1) the release date that would otherwise apply to the person after
subtracting all other credit time earned by the person, if the
person has not been convicted of an offense described in
subdivision (2); or
(2) the period of imprisonment imposed on the person by the
sentencing court, if the person has been convicted of one (1) of
the following crimes:
(A) Rape (IC 35-42-4-1).
(B) Criminal deviate conduct (IC 35-42-4-2).
(C) Child molesting (IC 35-42-4-3).
(D) Child exploitation (IC 35-42-4-4(b)).
(E) Vicarious sexual gratification (IC 35-42-4-5).
(F) Child solicitation (IC 35-42-4-6).
(G) Child seduction (IC 35-42-4-7).
(H) Sexual misconduct with a minor as a Class A felony, Class
B felony, or Class C felony (IC 35-42-4-9).
(I) Incest (IC 35-46-1-3).
(J) Sexual battery (IC 35-42-4-8).
(K) Kidnapping (IC 35-42-3-2), if the victim is less than
eighteen (18) years of age.
(L) Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age.
(M) An attempt or a conspiracy to commit a crime listed in clauses (A) through (L).
(i) The maximum amount of credit time a person may earn under this section is the lesser of:
(1) four (4) years; or
(2) one-third (1/3) of the person's total applicable credit time.
(j) The amount of credit time earned under this section is reduced to the extent that application of the credit time would otherwise result in:
(1) postconviction release (as defined in IC 35-40-4-6); or
(2) assignment of the person to a community transition program or nonprofit or faith based community transition program;
in less than forty-five (45) days after the person earns the credit time.
(k) A person may earn credit time for multiple degrees at the same education level under subsection (d) only in accordance with guidelines approved by the department of correction. The department of correction may approve guidelines for proper sequence of education degrees under subsection (d).
(l) A person may not earn credit time:
(1) for a general educational development (GED) diploma if the person has previously earned a high school diploma; or
(2) for a high school diploma if the person has previously earned a general educational development (GED) diploma.
(b) A person who is a credit restricted felon and who is imprisoned for a crime or imprisoned awaiting trial or sentencing is initially assigned to Class IV. A credit restricted felon may not be assigned to Class I or Class II.
(c) A person who is not assigned to Class IV may be reassigned to Class II or Class III if the person violates any of the following:
(1) A rule of the department of correction.
(2) A rule of the penal facility in which the person is imprisoned.
(3) A rule or condition of a community transition program or nonprofit or faith based community transition program.
However, a violation of a condition of parole or probation may not be the basis for reassignment. Before a person may be reassigned to a
lower credit time class, the person must be granted a hearing to
determine the person's guilt or innocence and, if found guilty, whether
reassignment is an appropriate disciplinary action for the violation. The
person may waive the right to the hearing.
(d) A person who is assigned to Class IV may be reassigned to Class
III if the person violates any of the following:
(1) A rule of the department of correction.
(2) A rule of the penal facility in which the person is imprisoned.
(3) A rule or condition of a community transition program.
However, a violation of a condition of parole or probation may not be
the basis for reassignment. Before a person may be reassigned to Class
III, the person must be granted a hearing to determine the person's guilt
or innocence and, if found guilty, whether reassignment is an
appropriate disciplinary action for the violation. The person may waive
the right to the hearing.
(e) In connection with the hearing granted under subsection (c) or
(d), 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 the person's own behalf;
(5) call witnesses and present evidence;
(6) confront and cross-examine each witness, unless the hearing
authority finds that to do so would subject a witness to a
substantial risk of harm;
(7) have the assistance of a lay advocate (the department may
require that the advocate be an employee of, or a fellow prisoner
in, the same facility or program);
(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 the person's testimony or any evidence
derived from the person's testimony is used in any criminal
proceedings; and
(10) have the person's record expunged of any reference to the
charge if the person 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.
(f) A person may be reassigned from Class III to Class I, Class II, or
Class IV, or from Class II to Class I. A person's assignment to Class III
or Class II shall be reviewed at least once every six (6) months to
determine if the person should be reassigned to a higher credit time
class. A credit restricted felon may not be reassigned to Class I or Class
II.
(1) A violation of one (1) or more rules of the department of correction.
(2) If the person is not committed to the department, a violation of one (1) or more rules of the penal facility in which the person is imprisoned.
(3) A violation of one (1) or more rules or conditions of a community transition program or nonprofit or faith based community transition program.
(4) If a court determines that a civil claim brought by the person in a state or an administrative court is frivolous, unreasonable, or groundless.
(5) If the person is a sex offender (as defined in IC 11-8-8-5) and refuses to register before being released from the department as required under IC 11-8-8-7.
(6) If the person is a sex offender (as defined in IC 11-8-8-5) and refuses to participate in a sex offender treatment program specifically offered to the sex offender by the department of correction while the person is serving a period of incarceration with the department of correction.
However, the violation of a condition of parole or probation may not be the basis for deprivation. Whenever a person is deprived of credit time, the person may also be reassigned to Class II (if the person is not a credit restricted felon) or Class III.
(b) Before a person may be deprived of earned credit time, the person must be granted a hearing to determine the person's guilt or innocence and, if found guilty, whether deprivation of earned credit time is an appropriate disciplinary action for the violation. In connection with the hearing, the person is entitled to the procedural safeguards listed in section 4(e) of this chapter. The person may waive the person's right to the hearing.
(c) Any part of the credit time of which a person is deprived under this section may be restored.
