Bill Text: IN SB0165 | 2010 | Regular Session | Introduced
Bill Title: Parole and clemency commission.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-05 - First reading: referred to Committee on Corrections, Criminal, and Civil Matters [SB0165 Detail]
Download: Indiana-2010-SB0165-Introduced.html
Citations Affected: IC 11-8-2; IC 11-9; IC 11-13; IC 33-40-1-2;
IC 35-38; IC 35-50-6-1.
Synopsis: Parole and clemency commission. Changes the name of the
parole board to the parole and clemency commission. Makes
conforming amendments.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(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
(4) Define the duties of a deputy commissioner and a superintendent.
(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.
(b) IC 11-10-5 applies to teachers employed under that chapter, notwithstanding IC 4-15-2.
(c) 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.
(d) 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 division.
(e) 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.
(f) The department shall provide six (6) hours of training to employees who interact with persons with mental illness, addictive disorders, mental retardation, 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.
(g) 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.
(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.
(1) organize the division and employ personnel as are needed to properly discharge the functions of the
(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) cooperate with public and private agencies, local
communities, and private groups and individuals for the
development and improvement of its services;
(7) explain its functions to the public; and
(8) 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 and clemency commission 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.
(b) If one (1) or more member acts on behalf of the
instead, upon completion of the inquiry, investigation, hearing, or
review, file with the board parole and clemency commission the
complete record of the proceedings together with his the member's
findings, conclusions, and recommended decision. The board parole
and clemency commission shall, based upon the record and the
findings, conclusions, and recommendations, render a final decision.
(b) The parole
(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.
(b) Parole and discharge eligibility for offenders sentenced for offenses under laws other than IC 35-50 is as follows:
(1) A person sentenced upon conviction of a felony to an indeterminate term of imprisonment is eligible for consideration for release on parole upon completion of
(2) A person sentenced upon conviction of a felony to a determinate term of imprisonment is eligible for consideration for release on parole upon completion of one-half (1/2) of
(3) A person sentenced upon conviction of first degree murder or second degree murder to a term of life imprisonment is eligible for consideration for release on parole upon completion of twenty (20) years of time served on the sentence. A person sentenced upon conviction of a felony other than first degree murder or second degree murder to a term of life imprisonment is eligible for consideration for release on parole upon completion of fifteen (15) years of time served on the sentence. A person sentenced upon conviction of more than one (1) felony to more than one (1) term of life imprisonment is not eligible for consideration for release on parole under this section. A person sentenced to a term of life imprisonment does not earn credit time with respect to that
term.
(4) A person sentenced upon conviction of a misdemeanor is not
eligible for parole and shall, instead, be discharged upon
completion of his the person's term of imprisonment, less the
credit time he the person has earned with respect to that term.
(c) A person whose parole is revoked may be reinstated on parole
by the parole board and clemency commission any time after the
revocation, regardless of whether the offender was sentenced under
IC 35-50 or another law. The parole board and clemency commission
may adopt, under IC 4-22-2, rules and regulations regarding eligibility
for reinstatement.
(b) A person sentenced for an offense under laws other than IC 35-50 who is eligible for release on parole, or a person whose parole is revoked and is eligible for reinstatement on parole under rules adopted by the parole
(1) reports regarding the person's medical, psychological, educational, vocational, employment, economic, and social condition and history;
(2) official reports of the person's history of criminality;
(3) reports of earlier parole or probation experiences;
(4) reports concerning the person's present commitment that are relevant to the parole release determination;
(5) any relevant information submitted by or on behalf of the person being considered; and
(6) such other relevant information concerning the person as may be reasonably available.
(c) Unless the victim has requested in writing not to be notified, the
department shall notify a victim of a felony (or the next of kin of the
victim if the felony resulted in the death of the victim) or any witness
involved in the prosecution of an offender imprisoned for the
commission of a felony when the offender is:
(1) to be discharged from imprisonment;
(2) to be released on parole under IC 35-50-6-1;
(3) to have a parole release hearing under this chapter;
(4) to have a parole violation hearing;
(5) an escaped committed offender; or
(6) to be released from departmental custody under any temporary
release program administered by the department, including the
following:
(A) Placement on minimum security assignment to a program
authorized by IC 11-10-1-3 or IC 35-38-3-6 and requiring
periodic reporting to a designated official, including a
regulated community assignment program.
(B) Assignment to a minimum security work release program.
(d) The department shall make the notification required under
subsection (c):
(1) at least forty (40) days before a discharge, release, or hearing
occurs; and
(2) not later than twenty-four (24) hours after the escape of a
committed offender.
The department shall supply the information to a victim (or a next of
kin of a victim in the appropriate case) and a witness at the address
supplied to the department by the victim (or next of kin) or witness. A
victim (or next of kin) is responsible for supplying the department with
any change of address or telephone number of the victim (or next of
kin).
(e) The probation officer conducting the presentence investigation
shall inform the victim and witness described in subsection (c), at the
time of the interview with the victim or witness, of the right of the
victim or witness to receive notification from the department under
subsection (c). The probation department for the sentencing court shall
forward the most recent list of the addresses or telephone numbers, or
both, of victims to the department of correction. The probation
department shall supply the department with the information required
by this section as soon as possible but not later than five (5) days from
the receipt of the information from the victim. A victim (or next of kin)
is responsible for supplying the department with the correct address
and telephone number of the victim (or next of kin).
(f) Notwithstanding IC 11-8-5-2 and IC 4-1-6, an inmate may not
have access to the name and address of a victim and a witness. Upon
the filing of a motion by any person requesting or objecting to the
release of victim information, witness information, or both that is
retained by the department, the court shall review the information that
is the subject of the motion in camera before ruling on the motion.
(g) The notice required under subsection (c) must specify whether
the prisoner is being discharged, is being released on parole, is being
released on lifetime parole, is having a parole release hearing, is having
a parole violation hearing, or has escaped. The notice must contain the
following information:
(1) The name of the prisoner.
(2) The date of the offense.
(3) The date of the conviction.
(4) The felony of which the prisoner was convicted.
(5) The sentence imposed.
(6) The amount of time served.
(7) The date and location of the interview (if applicable).
(h) The parole board and clemency commission shall adopt rules
under IC 4-22-2 and make available to offenders the criteria considered
in making parole release determinations. The criteria must include the:
(1) nature and circumstances of the crime for which the offender
is committed;
(2) offender's prior criminal record;
(3) offender's conduct and attitude during the commitment; and
(4) offender's parole plan.
(i) The hearing prescribed by this section may be conducted in an
informal manner without regard to rules of evidence. In connection
with the hearing, however:
(1) reasonable, advance written notice, including the date, time,
and place of the hearing shall be provided to the person being
considered;
(2) the person being considered shall be given access, in accord
with IC 11-8-5, to records and reports considered by the parole
board in making its parole release decision;
(3) the person being considered may appear, speak in the person's
own behalf, and present documentary evidence;
(4) irrelevant, immaterial, or unduly repetitious evidence shall be
excluded; and
(5) a record of the proceeding, to include the results of the parole
board's and clemency commission's investigation, notice of the
hearing, and evidence adduced at the hearing, shall be made and
preserved.
(j) If parole is denied, the parole
(1) will engage in further specified criminal activity; or
(2) will not conform to appropriate specified conditions of parole.
(k) If parole is denied, the parole
(1) finds that special circumstances exist for the holding of a hearing; and
(2) gives reasonable notice to the person being considered for parole.
(l) The parole
(m) If the
(1) the community in which the crime committed by the offender occurred;
(2) law enforcement officers who have jurisdiction in the community in which the crime occurred;
(3) the victim of the crime committed by the offender, or if the victim is deceased or incompetent for any reason, the victim's relatives or friends; and
(4) friends or relatives of the offender.
If the
However, the board parole and clemency commission shall accept
and consider any supplements or amendments to any previous
statements from the victim or the victim's relatives or friends.
(n) 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
(c) If a person is released on parole, the parolee shall be given a written statement of the conditions of parole. Signed copies of this statement shall be:
(1) retained by the parolee;
(2) forwarded to any person charged with the parolee's supervision; and
(3) placed in the parolee's master file.
(d) The parole
(e) As a condition of parole, the parole
(1) consider:
(A) the residence of the parolee prior to the parolee's incarceration; and
(B) the parolee's place of employment; and
(2) assign the parolee to reside in the county where the parolee resided prior to the parolee's incarceration unless assignment on this basis would be detrimental to the parolee's successful reintegration into the community.
(f) As a condition of parole, the parole
commission may require the parolee to:
(1) periodically undergo a laboratory chemical test (as defined in
IC 14-15-8-1) or series of tests to detect and confirm the presence
of a controlled substance (as defined in IC 35-48-1-9); and
(2) have the results of any test under this subsection reported to
the parole board and clemency commission by the laboratory.
The parolee is responsible for any charges resulting from a test
required under this subsection. However, a person's parole may not be
revoked on the basis of the person's inability to pay for a test under this
subsection.
(g) As a condition of parole, the parole board: and clemency
commission:
(1) may require a parolee who is a sex offender (as defined in
IC 11-8-8-4.5) to:
(A) participate in a treatment program for sex offenders
approved by the parole board; and
(B) avoid contact with any person who is less than sixteen (16)
years of age unless the parolee:
(i) receives the parole board's and clemency commission's
approval; or
(ii) successfully completes the treatment program referred to
in clause (A); and
(2) shall:
(A) require a parolee who is a sex or violent offender (as
defined in IC 11-8-8-5) to register with a local law
enforcement authority under IC 11-8-8;
(B) prohibit a parolee who is a sex offender from residing
within one thousand (1,000) feet of school property (as defined
in IC 35-41-1-24.7) for the period of parole, unless the sex
offender obtains written approval from the parole board; and
clemency commission;
(C) prohibit a parolee who is a sex offender convicted of a sex
offense (as defined in IC 35-38-2-2.5) from residing within
one (1) mile of the victim of the sex offender's sex offense
unless the sex offender obtains a waiver under IC 35-38-2-2.5;
(D) prohibit a parolee who is a sex offender from owning,
operating, managing, being employed by, or volunteering at
any attraction designed to be primarily enjoyed by children
less than sixteen (16) years of age;
(E) require a parolee who is a sex offender to consent:
(i) to the search of the sex offender's personal computer at
any time; and
(ii) to the installation on the sex offender's personal computer or device with Internet capability, at the sex offender's expense, of one (1) or more hardware or software systems to monitor Internet usage; and
(F) prohibit the sex offender from:
(i) accessing or using certain web sites, chat rooms, or instant messaging programs frequented by children; and
(ii) deleting, erasing, or tampering with information on the sex offender's personal computer with intent to conceal an activity prohibited by item (i).
The parole
(h) The address of the victim of a parolee who is a sex offender convicted of a sex offense (as defined in IC 35-38-2-2.5) is confidential, even if the sex offender obtains a waiver under IC 35-38-2-2.5.
(i) As a condition of parole, the parole
(j) As a condition of parole, the parole
(1) shall require a parolee who is a sexually violent predator under IC 35-38-1-7.5; and
(2) may require a parolee who is a sex or violent offender (as defined in IC 11-8-8-5);
to 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.
(k) As a condition of parole, the parole
(l) As a condition of parole, the parole
parole board prohibits a parolee convicted of an offense under
IC 35-46-3 from having direct or indirect contact with an individual,
the parole board and clemency commission may also prohibit the
parolee from having direct or indirect contact with any animal
belonging to the individual.
(m) A parolee may be responsible for the reasonable expenses, as
determined by the department, of the parolee's participation in a
treatment or other program required as a condition of parole under this
section. However, a person's parole may not be revoked solely on the
basis of the person's inability to pay for a program required as a
condition of parole under this section.
(1) A person released on parole from an indeterminate term of imprisonment remains on parole until the expiration date of the term of imprisonment, except that the parole
(2) A person released on parole from a determinate term of imprisonment remains on parole until the determinate term expires, except that the parole
(3) A person released on parole from a term of life imprisonment remains on parole for life, except that the parole
(b) When parole is terminated by discharge, the parole
(1) establishing methods and procedures for parole administration, including investigation, supervision, workloads, recordkeeping, and reporting;
(2) providing information to and otherwise assisting the parole
(3) assisting persons in preparing parole release plans;
(4) providing employment counseling and assistance in job and residential placement;
(5) providing family and individual counseling and treatment placement;
(6) providing financial counseling;
(7) providing vocational and educational counseling placement;
(8) supervising and assisting out of state parolees accepted under an interstate compact;
(9) assisting the parole
(10) notifying the parole
(11) notifying the parole
(12) cooperating with public and private agencies and with individual citizens concerned with the treatment or welfare of parolees, and assisting the parolee in obtaining services from those agencies and citizens.
(b) Courts, probation officers, and other public officials shall cooperate with the department in obtaining information relating to persons committed to the department.
(c) The department shall cause the name of any person released on parole to be entered into the Indiana data communications system (IDACS).
(1) execute warrants issued by the parole
(2) serve orders, subpoenas, and notices issued by the parole
(3) conduct investigations necessary to the performance of
(4) visit and confer with any person under
(5) act as a probation officer if requested by the appropriate court and if that request is approved by the department;
(6) search a parolee's person or property if
(7) arrest a parolee without a warrant if
reasonable cause to believe that the parolee has violated or is
about to violate a condition to remaining on parole and that an
emergency situation exists, so that awaiting action by the parole
board and clemency commission under section 8 of this chapter
would create an undue risk to the public or to the parolee; and
(8) exercise any other power reasonably necessary in discharging
his the employee's duties and powers.
(b) An employee of the department assigned to supervise and assist
parolees is not considered a law enforcement officer under IC 5-2-1 or
IC 35-41-1.
(1) dismiss all further proceedings on the alleged violation;
(2) instruct the employee to handle the matter informally;
(3) request the parolee to meet informally with the parole
(4) intensify parole supervision and reporting.
(b) Upon a showing of probable cause to believe the parolee violated a condition to remaining on parole, the chairman (or a member of the parole
(c) Upon a showing of probable cause to believe the parolee violated a condition to remaining on parole, the chairman (or a member of the parole
(d) Upon a showing of probable cause to believe that an alleged parole violator has fled the state, the chairman (or a member of the parole
(1) issue a warrant for the arrest and confinement of the parolee; and
(2) order that the parolee be returned to the state;
to ensure the appearance of the parolee at a parole revocation hearing.
(e) If the parole
(1) the date, time, and place of the hearing;
(2) the condition alleged to have been violated;
(3) the procedures and rights applicable to that hearing; and
(4) the possible sanctions if a violation is found.
(f) If the parole
(1) the date, time, and place of the hearing;
(2) the condition alleged to have been violated;
(3) the procedures and rights applicable to the hearing;
(4)
(5) the possible sanctions if a violation is found at a revocation hearing.
(g) The issuance of an order to appear or arrest warrant under this section tolls the period of parole until the parole
(1) A parolee who is confined due to an alleged violation of parole shall be afforded a parole revocation hearing within sixty (60) days after the parolee is made available to the department by a jail or state correctional facility, if:
(A) there has been a final determination of any criminal charges against the parolee; or
(B) there has been a final resolution of any other detainers filed by any other jurisdiction against the parolee.
(2) A parolee who is not confined and against whom is pending a charge of parole violation shall be afforded a parole revocation hearing within one hundred eighty (180) days after the earlier of:
(A) the date an order was issued for the parolee's appearance
at a parole revocation hearing; or
(B) the date of the parolee's arrest on the parole violation
warrant.
The revocation hearing shall be conducted by at least one (1) member
of the parole board, and clemency commission, and the purpose of the
hearing is to determine whether a violation of a condition to remaining
on parole has occurred and, if so, the appropriate action. In connection
with the hearing, the parolee is entitled to those procedural safeguards
enumerated in section 9(a) of this chapter. The parolee may offer
evidence in mitigation of the alleged violation.
(b) If it is determined from the evidence presented that the parolee
did not commit a parole violation, the charge shall be dismissed.
(c) If it is determined that the parolee did violate parole, the parole
board and clemency commission may continue parole, with or without
modifying the conditions, or revoke the parole and order the parolee
imprisoned on either a continuous or intermittent basis. If, however, the
violation is the commission of a new felony, the parole board and
clemency commission shall revoke the parole and order continuous
imprisonment.
(d) The parolee shall be provided with a written statement of the
reasons for the action taken under subsection (c).
(e) Unless good cause for the delay is established in the record of
the proceeding, the parole revocation charge shall be dismissed if the
revocation hearing is not held within the time established by subsection
(a).
(1) identify the inmate to the parole
(2) provide the parole
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 4. The parole board and clemency commission
shall consider all relevant factors in determining whether the inmate is
to be discharged under this chapter and must consider a community
investigation report submitted to the parole board. and clemency
commission. The parole board and clemency commission shall give
special consideration to an inmate who demonstrates each of the
following:
(1) A good conduct history during confinement.
(2) Proof that the inmate will have suitable living quarters in a
community if the inmate is discharged.
(3) Proof that one (1) or more employers in the area in which the
inmate would reside if discharged have offered to employ the
inmate for at least thirty (30) hours a week on the same terms as
the employer employs other employees.
(4) Proof that the inmate:
(A) is at least a high school graduate; or
(B) has obtained:
(i) a general equivalency degree; or
(ii) a state of Indiana general educational development
(GED) diploma.
(1) has been properly rehabilitated; and
(2) has suitable plans to carry out if discharged;
the parole
(b) An inmate who is discharged from the department under this section shall be placed on parole as follows:
(1) An inmate who is required to be placed on parole for the remainder of the inmate's life under IC 35-50-6-1(e) shall be placed on parole for the remainder of the inmate's life.
(2) An inmate who is:
(A) not an inmate described in subdivision (1); and
(B) not required to serve a period of probation;
shall be placed on parole for two (2) years.
JULY 1, 2010]: Sec. 6. If the parole board and clemency commission
denies an inmate's request to be discharged under this chapter, the
inmate may petition for a new review not earlier than one (1) year after
the parole board and clemency commission denies the request.
(1) confined in a penal facility in Indiana or committed to the department of correction due to a criminal conviction or delinquency adjudication; and
(2) financially unable to employ counsel;
in a postconviction proceeding testing the legality of the person's conviction, commitment, or confinement, if the time for appeal has expired.
(b) The state public defender shall also represent a person who is committed to the department of correction due to a criminal conviction or delinquency adjudication, and who is financially unable to employ counsel, in proceedings before the department of correction or parole
(c) This section does not require the state public defender to pursue a claim or defense that is not warranted under law and cannot be supported by a good faith argument for an extension, a modification, or a reversal of law, or that for any other reason is without merit.
(d) This section does not prohibit an offender from proceeding on the offender's own behalf or otherwise refusing the services of the state public defender.
(b) If a court imposes a sentence on a person described in subsection (a) that does not involve a commitment to the department of correction, the court shall order the parole
supervises a sexually violent predator who has been released from
imprisonment and placed on lifetime parole under IC 35-50-6-1(e).
(c) If a person described in subsection (b) is also required to be
supervised by a court, a probation department, a community corrections
program, a community transition program, or another similar program
upon the person's release from imprisonment, the parole board and
clemency commission 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 and clemency commission's supervisory
responsibility during the period in which the other supervising
agency is required to supervise the person;
in accordance with IC 35-50-6-1(g).
(b) As used in this section, "sex offense" means any of the following:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual battery (IC 35-42-4-8).
(9) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
(10) Incest (IC 35-46-1-3).
(c) A condition of remaining on probation or parole after conviction for a sex offense is that the offender not reside within one (1) mile of the residence of the victim of the offender's sex offense.
(d) An offender:
(1) who will be placed on probation shall provide the sentencing court and the probation department with the address where the offender intends to reside during the period of probation:
(A) at the time of sentencing if the offender will be placed on probation without first being incarcerated; or
(B) before the offender's release from incarceration if the offender will be placed on probation after completing a term of incarceration; or
(2) who will be placed on parole shall provide the parole
(e) An offender, while on probation or parole, may not establish a new residence within one (1) mile of the residence of the victim of the offender's sex offense unless the offender first obtains a waiver from the:
(1) court, if the offender is placed on probation; or
(2) parole
for the change of address under subsection (f).
(f) The court or parole
(1) the offender has successfully completed a sex offender treatment program during the period of probation or parole;
(2) the offender is in compliance with all terms of the offender's probation or parole; and
(3) good cause exists to allow the offender to reside within one (1) mile of the residence of the victim of the offender's sex offense.
However, the court or parole
(g) If the court or parole
(h) The address of the victim of the offender's sex offense is confidential even if the court or parole
(b) A person:
(1) who will be placed on probation shall provide the sentencing court and the probation department with the address where the person intends to reside during the period of probation:
(A) at the time of sentencing if the person will be placed on probation without first being incarcerated; or
(B) before the person's release from incarceration if the person will be placed on probation after completing a term of incarceration; or
(2) who will be placed on parole shall provide the parole
(c) A person, while on probation or parole, may not reside within one thousand (1,000) feet of the residence of the victim of the stalking unless the person first obtains a waiver under subsection (d) from the:
(1) court, if the person is placed on probation; or
(2) parole
(d) The court or parole
(1) the person is in compliance with all terms of the person's probation or parole; and
(2) good cause exists to allow the person to reside within one thousand (1,000) feet of the residence of the victim of the stalking.
(e) If the court or parole
(f) The address of the victim of the stalking is confidential even if the court or parole
(1) shall dismiss the person's petition; and
(2) may make any further orders that the court determines to be appropriate, including any of the following:
(A) An order providing for notification of the parole
(B) An order requesting that the petitioner's sample be added to the Indiana data base established under IC 10-13-6.
(1) released on parole for not more than twenty-four (24) months, as determined by the parole
(2) discharged upon a finding by the committing court that the person was assigned to a 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
(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
(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, or another similar program upon the person's release from
imprisonment, the parole board and clemency commission 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 and clemency commission'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: and clemency commission:
(A) at least as stringent; and
(B) at least as effective;
as supervision by the parole board. and clemency commission.
(h) The parole board and clemency commission 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 and clemency commission shall
recommence its supervision of a person on lifetime parole.
(i) If a court orders the parole board and clemency commission 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 and clemency commission shall place
the sexually violent predator on lifetime parole and supervise the
person in the same manner in which the parole board and clemency
commission supervises a sexually violent predator on lifetime parole
whose sentence includes a commitment to the department of correction.