Ind. Code § 11-10-11.5-11.5 — Indiana Code / Title 11 / Article 10 / Chapter 11.5 / Section 11-10-11.5-11.5
Community transition required; request for delay; disciplinary action
Status: in_force

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.
Ind. Code § 11-10-13-5 — Indiana Code / Title 11 / Article 10 / Chapter 13 / Section 11-10-13-5
Use of county data by the department
Status: in_force

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.
Ind. Code § 11-10-14-5 — Indiana Code / Title 11 / Article 10 / Chapter 14 / Section 11-10-14-5
Annual report
Status: in_force

Sec. 5. (a) The department shall include an evaluation report on the faith based transitional dormitory program in the annual report made under IC 11-8-2-5(a)(16).

(b) 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. Amended by P.L.130-2018, SEC.39.
Ind. Code § 11-13-1-10 — Indiana Code / Title 11 / Article 13 / Chapter 1 / Section 11-13-1-10
Conferences and workshops; expenses for attendance
Status: in_force

Sec. 10. The judicial conference of Indiana may arrange conferences or workshops for probation officers and judges administering probation in order to enhance knowledge about and improve the delivery of probation services. The judicial conference of Indiana may arrange joint conferences or workshops for probation officers, judges administering probation, community corrections officers and employees, prosecuting attorneys, and defense attorneys in order to enhance knowledge about, coordinate, and improve the delivery of probation and community corrections services. The expenses of probation officers and judges incurred in attending these conferences or workshops shall be paid in the same manner as other expenses are paid in the courts in which they serve. The expenses of community corrections officers and employees may be paid by the county in the same manner as other county employee expenses are paid.

As added by Acts 1979, P.L.120, SEC.6. Amended by Acts 1980, P.L.89, SEC.7; P.L.179-2015, SEC.9.
Ind. Code § 11-10-8-3 — Indiana Code / Title 11 / Article 10 / Chapter 8 / Section 11-10-8-3
Assignment to program; requirements
Status: in_force

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.
Ind. Code § 11-12-5-6 — Indiana Code / Title 11 / Article 12 / Chapter 5 / Section 11-12-5-6
Medical care expenses
Status: in_force

Sec. 6. (a) As used in this section, "medical care expenses" refers to expenses relating to the following services provided to a county jail inmate:

(1) Medical care.

(2) Dental care.

(3) Eye care.

(4) Any other health care related service.

(b) The medical care expenses of a person committed to a county jail by another county are the responsibility of the committing county.

(c) The medical care expenses of a person committed to a county jail by the department of correction are the responsibility of the department of correction.

As added by P.L.141-1999, SEC.1.
Ind. Code § 11-8-1-12 — Indiana Code / Title 11 / Article 8 / Chapter 1 / Section 11-8-1-12
"Restraints"
Status: in_force

Sec. 12. "Restraints" has the meaning set forth in IC 11-10-3.5-1.

As added by P.L.78-2022, SEC.2.
Ind. Code § 11-12-2-8 — Indiana Code / Title 11 / Article 12 / Chapter 2 / Section 11-12-2-8
Restriction on use of funds
Status: in_force

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.
Ind. Code § 11-12-10-2.5 — Indiana Code / Title 11 / Article 12 / Chapter 10 / Section 11-12-10-2.5
Transfer to program where offender resides
Status: in_force

Sec. 2.5. A sentencing court may transfer an offender to a community transition program located where the offender resides if the receiving community transition program agrees to accept the transfer. In addition, if more than one (1) court sentenced the offender, all of the courts that sentenced the offender to a period of imprisonment that the offender was actively serving at the time of the offender's assignment to the community transition program must agree to the transfer in writing.

As added by P.L.90-2000, SEC.16.
Ind. Code § 11-10-14-4 — Indiana Code / Title 11 / Article 10 / Chapter 14 / Section 11-10-14-4
Director; responsibilities
Status: in_force

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.
Ind. Code § 11-10-5-6 — Indiana Code / Title 11 / Article 10 / Chapter 5 / Section 11-10-5-6
Educational assistance for tuition, books, and supplies
Status: in_force

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.
Ind. Code § 11-12-4-3 — Indiana Code / Title 11 / Article 12 / Chapter 4 / Section 11-12-4-3
Rules for maintenance of order and discipline in county jail; requirements; disciplinary action
Status: in_force

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.
Ind. Code § 11-12-9-8 — Indiana Code / Title 11 / Article 12 / Chapter 9 / Section 11-12-9-8
Hearings held in other states; records
Status: repealed

Sec. 8. (a) If a person being supervised in another state under the interstate compact set forth in IC 11-12-8 (expired July 1, 2025) is alleged to have violated a term of the person's community corrections sentence, any appropriate judicial or administrative officer or agency in the other state may conduct a hearing concerning the alleged violation.

(b) Upon receipt of the record of a hearing held in another state under a statute substantially similar to IC 11-12-8 (expired July 1, 2025) and this chapter, the record has the same standing and effect as though the proceeding of which it is a record had been conducted before the appropriate officer in Indiana. The recommendations contained in or accompanying the record shall be fully considered by the appropriate officer in making a decision concerning the alleged violation.

As added by P.L.73-1994, SEC.2. Amended by P.L.23-2026, SEC.71.
Ind. Code § 11-12-1-2.5 — Indiana Code / Title 11 / Article 12 / Chapter 1 / Section 11-12-1-2.5
Community corrections programs; coordination of other programs
Status: in_force

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.
Ind. Code § 11-8-8-11 — Indiana Code / Title 11 / Article 8 / Chapter 8 / Section 11-8-8-11
Change in registration location or status; duty to register or notify; updates
Status: in_force

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 website 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 website 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 website 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; P.L.1-2025, SEC.157.
Ind. Code § 11-8-5-3 — Indiana Code / Title 11 / Article 8 / Chapter 5 / Section 11-8-5-3
Parties not authorized to be agents
Status: in_force

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.
Ind. Code § 11-13-3-2 — Indiana Code / Title 11 / Article 13 / Chapter 3 / Section 11-13-3-2
Release on parole and discharge; IC 35-50 offenders; eligibility for offenders under other laws; reinstatement after revocation of parole
Status: in_force

Sec. 2. (a) Release on parole and discharge of an offender sentenced for an offense under IC 35-50 shall be determined under IC 35-50-6.

(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 his minimum term of imprisonment, less the credit time he has earned with respect to that term.

(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 his determinate term of imprisonment or at the expiration of twenty (20) years, whichever comes first, less the credit time he has earned with respect to that term.

(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 term of imprisonment, less the credit time he has earned with respect to that term.

(c) A person whose parole is revoked may be reinstated on parole by the parole board any time after the revocation, regardless of whether the offender was sentenced under IC 35-50 or another law. The parole board may adopt, under IC 4-22-2, rules and regulations regarding eligibility for reinstatement.

As added by Acts 1979, P.L.120, SEC.6.
Ind. Code § 11-12-3.7-13 — Indiana Code / Title 11 / Article 12 / Chapter 3.7 / Section 11-12-3.7-13
Forensic diversion program account
Status: in_force

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.
Ind. Code § 11-13-6-5.5 — Indiana Code / Title 11 / Article 13 / Chapter 6 / Section 11-13-6-5.5
Victim notification upon release of sex offender
Status: in_force

Sec. 5.5. (a) This section shall not be construed to limit victims' rights granted by IC 35-40 or any other law.

(b) As used in this section, "sex offense" refers to a sex offense described in IC 11-8-8-5.

(c) As used in this section, "victim" means a person who has suffered direct harm as a result of a delinquent act that would be a sex offense if the delinquent offender were an adult. The term includes a victim's representative appointed under IC 35-40-13.

(d) Unless a victim has requested in writing not to be notified, the department shall notify the victim involved in the adjudication of a delinquent offender committed to the department for a sex offense of the delinquent offender's:

(1) discharge from the department of correction;

(2) release from the department of correction under any temporary release program administered by the department;

(3) release on parole;

(4) parole release hearing under this chapter;

(5) parole violation hearing under this chapter; or

(6) escape from commitment to the department of correction.

(e) The department shall make the notification required under subsection (d):

(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 delinquent offender from commitment to the department of correction.

The department shall supply the information to a victim at the address supplied to the department by the victim. A victim is responsible for supplying the department with any change of address or telephone number of the victim.

(f) The probation officer preparing the predispositional report under IC 31-37-17 shall inform the victim before the predispositional report is prepared of the right of the victim to receive notification from the department under subsection (d). The probation department shall forward the most recent list of the addresses or telephone numbers, or both, of victims to the department. 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 after the receipt of the information. A victim is responsible for supplying the department with the correct address and telephone number of the victim.

(g) Notwithstanding IC 11-8-5-2 and IC 4-1-6, a delinquent offender may not have access to the name and address of a victim. Upon the filing of a motion by a person requesting or objecting to the release of victim information or representative information, or both, that is retained by the department, the court shall review in camera the information that is the subject of the motion before ruling on the motion.

(h) The notice required under subsection (d) must specify whether the delinquent offender is being discharged, is being released under a temporary release program administered by the department, is being released on 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 delinquent offender.

(2) The date of the delinquent act.

(3) The date of the adjudication as a delinquent offender.

(4) The delinquent act of which the delinquent offender was adjudicated.

(5) The disposition imposed.

(6) The amount of time for which the delinquent offender was committed to the department.

(7) The date and location of the interview (if applicable).

As added by P.L.77-2001, SEC.1. Amended by P.L.140-2006, SEC.16 and P.L.173-2006, SEC.16; P.L.146-2008, SEC.374.
Ind. Code § 11-13-6-8 — Indiana Code / Title 11 / Article 13 / Chapter 6 / Section 11-13-6-8
Probable cause hearing
Status: in_force

Sec. 8. (a) Upon the arrest and confinement of a parolee for an alleged violation of a condition of parole, a person other than the one who reported or investigated the alleged violation or who recommended revocation shall hold a preliminary hearing to determine whether there is probable cause to believe a violation of a condition has occurred. In connection with the hearing the parolee is entitled to:

(1) appear and speak in his own behalf;

(2) call witnesses and present documentary evidence;

(3) confront and cross-examine witnesses, unless the person conducting the hearing finds that to do so would subject the witness to a substantial risk of harm; and

(4) have a written statement of the findings of fact and the evidence relied upon.

(b) The parolee's parent, guardian, or custodian is entitled to be present at the hearing.

(c) If it is determined there is not probable cause to believe the parolee violated a condition of his parole, the charge shall be dismissed.

(d) If it is determined from the evidence presented that there is probable cause to believe the parolee violated a condition of his parole, confinement of the parolee may be continued pending a parole revocation hearing.

(e) In a case where the alleged violation of parole is based on a criminal conviction or a delinquency adjudication, the preliminary hearing required by this section need not be held.

(f) Unless good cause for the delay is established in the record of the proceeding, the parole revocation charge shall be dismissed if the preliminary hearing is not held within ten (10) days after the date of the arrest.

As added by Acts 1979, P.L.120, SEC.6.
Ind. Code § 11-8-8-5 — Indiana Code / Title 11 / Article 8 / Chapter 8 / Section 11-8-8-5
"Sex or violent offender"
Status: in_force

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).

(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 sex abuse material (IC 35-42-4-4(d) or IC 35-42-4-4(e)) (before July 1, 2026), or a child sex abuse material offense under IC 35-42-4-4.5 (after June 30, 2026).

(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 sexual trafficking under IC 35-42-3.5-1.1.

(16) Promotion of child sexual trafficking under IC 35-42-3.5-1.2(a).

(17) Promotion of sexual trafficking of a younger child (IC 35-42-3.5-1.2(c)).

(18) Child sexual trafficking (IC 35-42-3.5-1.3).

(19) Human trafficking under IC 35-42-3.5-1.4 if the victim is less than eighteen (18) years of age.

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

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

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

(b) The term includes:

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

(2) a person who has been designated:

(A) a sex offender;

(B) a sexually violent predator; or

(C) with a substantially equivalent designation;

in another jurisdiction, and who was or would be subjected to the sex offender registration reporting requirements in the other jurisdiction if the person resided, worked, volunteered, attended school, or owned real property in that jurisdiction, as determined by the department;

(3) a person who has been convicted of failure to register as a sex offender in any jurisdiction; and

(4) a child who has committed a delinquent act, or a person prosecuted under IC 31-30-1-4(d) for an offense described in subsection (a) committed when the person was less than eighteen (18) years of age, but who was at least twenty-one (21) years of age when the charge was filed, 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 31-9-2.1-223), 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)(4)(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.

(d) A person ordered to register under subsection (b)(4) may petition the court to reconsider the order at any time after completing court ordered sex offender treatment. The court shall consider expert testimony concerning whether a child or person is likely to repeat an offense described in subsection (a) or 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; P.L.144-2018, SEC.4; P.L.142-2020, SEC.13; P.L.115-2023, SEC.2; P.L.218-2025, SEC.4; P.L.92-2026, SEC.9; P.L.145-2026, SEC.54.
Ind. Code § 11-13-3-3 — Indiana Code / Title 11 / Article 13 / Chapter 3 / Section 11-13-3-3
Release on parole or discharge; reinstatement; hearing; investigations; notice to victims and witnesses; criteria; conduct of hearing; denial of parole; parole of persons imprisoned out of state
Status: in_force

Sec. 3. (a) A person sentenced under IC 35-50 shall be released on parole or discharged from the person's term of imprisonment under IC 35-50 without a parole release hearing.

(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 board shall, before the date of the person's parole eligibility, be granted a parole release hearing to determine whether parole will be granted or denied. The hearing shall be conducted by one (1) or more of the parole board members. If one (1) or more of the members conduct the hearing on behalf of the parole board, the final decision shall be rendered by the full parole board based upon the record of the proceeding and the hearing conductor's findings. Before the hearing, the parole board shall order an investigation to include the collection and consideration of:

(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) not later than twenty-four (24) hours after the escape of a committed offender;

(2) at least forty (40) days before:

(A) the discharge or release of a committed offender; or

(B) the date of a hearing concerning a committed offender's possible discharge or release; and

(3) if the date of a committed offender's discharge or release as referred to in subdivision (2)(A) is changed during the forty (40) day notification period referred to in subdivision (2), as soon as possible but not more than forty-eight (48) hours after the change in the discharge or release date.

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 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 investigation, notice of the hearing, and evidence adduced at the hearing, shall be made and preserved.

(j) If parole is denied, the parole board shall give the person written notice of the denial and the reasons for the denial. The parole board may not parole a person if it determines that there is substantial reason to believe that the person:

(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 board shall conduct another parole release hearing not earlier than five (5) years after the date of the hearing at which parole was denied. However, the board may conduct a hearing earlier than five (5) years after denial of parole if the board:

(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 board may parole a person who is outside Indiana on a record made by the appropriate authorities of the jurisdiction in which that person is imprisoned.

(m) If the board is considering the release on parole of an offender who is serving a sentence of life in prison, a determinate term of imprisonment of at least ten (10) years, or an indeterminate term of imprisonment with a minimum term of at least ten (10) years, in addition to the investigation required under subsection (b), except as provided in subsection (n), the board may order and consider a community investigation, which may include an investigation and report that substantially reflects the attitudes and opinions of:

(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 board reconsiders for release on parole an offender who was previously released on parole and whose parole was revoked under section 10 of this chapter, the board may use a community investigation prepared for an earlier parole hearing to comply with this subsection. However, the board shall accept and consider any supplements or amendments to any previous statements from the victim or the victim's relatives or friends.

(n) The board shall conduct the community investigation described in subsection (m) if:

(1) the person was convicted of a crime of violence (as defined in IC 35-31.5-2-79); or

(2) the person is a sex offender (as defined in IC 11-8-8-4.5).

(o) 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).

As added by Acts 1979, P.L.120, SEC.6. Amended by Acts 1981, P.L.135, SEC.1; P.L.311-1983, SEC.34; P.L.131-1985, SEC.1; P.L.151-1987, SEC.1; P.L.33-1989, SEC.11; P.L.138-1989, SEC.1; P.L.36-1990, SEC.2; P.L.134-1993, SEC.2; P.L.1-1994, SEC.46; P.L.147-1995, SEC.1; P.L.172-2001, SEC.1; P.L.139-2006, SEC.1, P.L.140-2006, SEC.14, and P.L.173-2006, SEC.14; P.L.105-2010, SEC.5; P.L.147-2012, SEC.3; P.L.55-2017, SEC.1; P.L.85-2026, SEC.3.
Ind. Code § 11-10-2-11 — Indiana Code / Title 11 / Article 10 / Chapter 2 / Section 11-10-2-11
Division of youth services transitional fund
Status: in_force

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.
Ind. Code § 11-13-3-10 — Indiana Code / Title 11 / Article 13 / Chapter 3 / Section 11-13-3-10
Parole revocation hearing
Status: in_force

Sec. 10. (a) Parole revocation hearings shall be conducted as follows:

(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 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 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:

(1) Level 1 felony or Level 2 felony, the parole board shall revoke the parole and order continuous imprisonment; or

(2) Level 3 felony, Level 4 felony, Level 5 felony, or Level 6 felony, the parole board may 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).

(f) A parolee may admit to a violation of parole and waive the right to a parole revocation hearing if the parole officer notifies the parolee of the alleged violation in writing and provides notice of the parole revocation hearing before the parole revocation hearing. If the parolee:

(1) admits to a violation and requests to waive the parole revocation hearing, the parole officer shall advise the person that by waiving the right to a parole revocation hearing, the person forfeits the rights provided under section 9(a) of this chapter; and

(2) waives the right to a parole revocation hearing, the person can be subjected only to sanctions that have been approved under IC 11-9-1-2.

As added by Acts 1979, P.L.120, SEC.6. Amended by P.L.128-1985, SEC.2; P.L.179-2014, SEC.3.
Ind. Code § 11-10-9-2 — Indiana Code / Title 11 / Article 10 / Chapter 9 / Section 11-10-9-2
Purpose; period of time; written authorization; custodial agent; directives
Status: in_force

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.
Ind. Code § 11-13-4.5-1 — Indiana Code / Title 11 / Article 13 / Chapter 4.5 / Section 11-13-4.5-1
Interstate compact
Status: in_force

Sec. 1. The governor shall enter into a compact on behalf of the state with any other state in the form substantially as follows:

ARTICLE I

DEFINITIONS

As used in this compact, unless the context clearly requires a different construction:

(1) "Adult" means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law.

(2) "Bylaws" mean those bylaws established by the interstate commission for its governance or for directing or controlling the interstate commission's actions or conduct.

(3) "Compact administrator" means the individual in each compacting state appointed under the terms of this compact responsible for the administration and management of the state's supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the interstate commission, and policies adopted by the state council under this compact.

(4) "Compacting state" means any state that has enacted the enabling legislation for this compact.

(5) "Commissioner" means the voting representative of each compacting state appointed under Article II of this compact.

(6) "Interstate commission" means the interstate commission for adult offender supervision established by this compact.

(7) "Member" means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner.

(8) "Non-compacting state" means any state that has not enacted the enabling legislation for this compact.

(9) "Offender" means an adult placed under or subject to supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies.

(10) "Person" means any individual, corporation, business enterprise, or other legal entity, either public or private.

(11) "Rules" means acts of the interstate commission, adopted under Article VIII of this compact, substantially affecting interested parties in addition to the interstate commission.

(12) "State" means a state of the United States, the District of Columbia, or any other territorial possession of the United States.

(13) "State council" means the resident members of the state council for interstate adult offender supervision created by each state under Article II of this compact.

ARTICLE II

THE COMPACT COMMISSION

(1) The interstate commission for adult offender supervision is established.

(2) The interstate commission is a body corporate and joint agency of the compacting states. The interstate commission has all the responsibilities, powers, and duties set forth in this chapter, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

(3) The interstate commission consists of commissioners selected and appointed by resident members of a state council for interstate adult offender supervision for each state. In addition to the commissioners, who are the voting representatives of each state, the interstate commission shall include individuals who are not commissioners but who are members of interested organizations; such non-commissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, and crime victims. All non-commissioner members of the interstate commission are ex officio nonvoting members. The interstate commission may provide in its bylaws for such additional, ex officio, nonvoting members as it considers necessary.

(4) Each compacting state represented at any meeting of the interstate commission is entitled to one (1) vote. A majority of the compacting states constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission.

(5) The interstate commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of twenty-seven (27) or more compacting states, shall call additional meetings. Public notice shall be given of all meetings, and meetings shall be open to the public.

(6) The interstate commission shall establish an executive committee that must include commission officers, members, and others as shall be determined by the bylaws. The executive committee has authority to act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rulemaking or amendment to the compact. The executive committee oversees the day to day activities managed by the executive director and interstate commission staff, administers enforcement and compliance with the provisions of the compact, its bylaws, and as directed by the interstate commission, and performs other duties as directed by commission or set forth in the bylaws.

ARTICLE III

THE STATE COUNCIL

Each member state shall create a state council for interstate adult offender supervision that shall be responsible for the appointment of the commissioner who shall serve on the interstate commission from that state. Each state council shall appoint as its commissioner the compact administrator from that state to serve on the interstate commission in such capacity or under applicable law of the member state. Although each member state may determine the membership of its own state council, its membership must include at least one (1) representative from the legislative, judicial, and executive branches of government, victims groups, and compact administrators. Each compacting state retains the right to determine the qualifications of the compact administrator, who shall be appointed by the state council or by the governor in consultation with the general assembly and the judiciary. In addition to appointment of its commissioner to the national interstate commission, each state council shall exercise oversight and advocacy concerning its participation in interstate commission activities and other duties as may be determined by each member state, including but not limited to development of policy concerning operations and procedures of the compact within that state.

ARTICLE IV

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The interstate commission shall have the following powers:

(1) To adopt a seal and suitable bylaws governing the management and operation of the interstate commission.

(2) To adopt rules that are binding in the compacting states to the extent and in the manner provided in this compact.

(3) To oversee, supervise, and coordinate the interstate movement of offenders, subject to the terms of this compact and any bylaws adopted and rules adopted by the compact commission.

(4) To enforce compliance with compact provisions, interstate commission rules, and bylaws, using all necessary and proper means, including but not limited to the use of judicial process.

(5) To establish and maintain offices.

(6) To purchase and maintain insurance and bonds.

(7) To borrow, accept, or contract for services of personnel, including, but not limited to, members and their staffs.

(8) To establish and appoint committees and hire staff it considers necessary for the carrying out of its functions, including, but not limited to, an executive committee as required by Article II that may act on behalf of the interstate commission in carrying out its powers and duties.

(9) To elect or appoint officers, attorneys, employees, agents, or consultants, to fix their compensation, define their duties, and determine their qualifications, and to establish the interstate commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel.

(10) To accept donations and grants of money, equipment, supplies, materials, and services and to receive, use, and dispose of them.

(11) To lease, purchase, accept contributions or donations of, or otherwise own, hold, improve, or use any real, personal, or mixed property.

(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any real, personal, or mixed property.

(13) To establish a budget and make expenditures and levy dues as provided in Article IX of this compact.

(14) To sue and be sued.

(15) To provide for dispute resolution among compacting states.

(16) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

(17) To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the interstate commission during the preceding year. Such reports must include any recommendations that may have been adopted by the interstate commission.

(18) To coordinate education, training, and public awareness regarding the interstate movement of offenders for officials involved in such activity.

(19) To establish uniform standards for the reporting, collecting, and exchanging of data.

ARTICLE V

ORGANIZATION AND OPERATION OF THE INTERSTATE

COMMISSION

Part A. Bylaws

The interstate commission shall, by a majority of the members, within twelve (12) months of the first interstate commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including:

(1) establishing the fiscal year of the interstate commission;

(2) establishing an executive committee and such other committees as may be necessary;

(3) providing reasonable standards and procedures:

(A) for the establishment of committees; and

(B) governing any general or specific delegation of any authority or function of the interstate commission;

(4) providing reasonable procedures for calling and conducting meetings of the interstate commission and ensuring reasonable notice of each meeting;

(5) establishing the titles and responsibilities of the officers of the interstate commission;

(6) providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the interstate commission;

(7) providing a mechanism for winding up the operations of the interstate commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment and reserving of its debts and obligations;

(8) providing transition rules for start up administration of the compact; and

(9) establishing standards and procedures for compliance and technical assistance in carrying out the compact.

Part B. Officers and Staff

(a) The interstate commission, by a majority of the members, shall elect from among its members a chairperson and a vice chairperson, each of whom shall have such authorities and duties as may be specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice chairperson, shall preside at all meetings of the interstate commission. The officers elected shall serve without compensation or remuneration from the interstate commission. However, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission.

(b) The interstate commission, through its executive committee, shall appoint or retain an executive director for such time, upon such terms and conditions, and for such compensation as the interstate commission may find appropriate. The executive director shall serve as secretary to the interstate commission and hire and supervise such other staff as may be authorized by the interstate commission, but shall not be a member.

Part C. Corporate Records of the Interstate Commission

The interstate commission shall maintain its corporate books and records in accordance with the bylaws.

Part D. Qualified Immunity, Defense, and Indemnification

(a) The members, officers, executive director, and employees of the interstate commission are immune from suit and liability, either personally or in their official capacities, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error, or omission that occurs within the scope of interstate commission employment, duties, or responsibilities. However, nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.

(b) The interstate commission shall defend the commissioner of a compacting state, the commissioner's representatives or employees, and the interstate commission's representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurs within the scope of interstate commission employment, duties, or responsibilities or that the defendant has a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, as long as the actual or alleged act, error, or omission did not result from intentional wrongdoing on the part of the person.

(c) The interstate commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, and the interstate commission's representatives or employees harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurs within the scope of interstate commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from gross negligence or intentional wrongdoing on the part of the person.

ARTICLE VI

ACTIVITIES OF THE INTERSTATE COMMISSION

(a) The interstate commission shall meet and take such actions as are consistent with the provisions of this compact. Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the interstate commission, the act shall have been taken at a meeting of the interstate commission and shall have received an affirmative vote of a majority of the members present.

(b) Each member of the interstate commission is entitled to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. A member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a state council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where members are present in person.

(c) The interstate commission shall meet at least once during each calendar year. The chairperson of the interstate commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings.

(d) The interstate commission's bylaws shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In adopting rules, the interstate commission may make available to law enforcement agencies records and information otherwise exempt from disclosure and may enter into agreements with law enforcement agencies to receive or exchange information or records, subject to nondisclosure and confidentiality provisions.

(e) Public notice shall be given of all meetings, and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission shall adopt rules consistent with the principles contained in the "Government in Sunshine Act," 5 U.S.C. 552(b), as amended. The interstate commission or any of its committees may close a meeting to the public if it determines by two-thirds (2/3) vote that an open meeting would be likely to:

(1) relate solely to the interstate commission's internal personnel practices and procedures;

(2) disclose matters specifically exempted from disclosure by statute;

(3) disclose trade secrets or commercial or financial information that is privileged or confidential;

(4) involve accusing any person of a crime or formally censuring any person;

(5) disclose information of a personal nature that would constitute a clearly unwarranted invasion of personal privacy;

(6) disclose investigatory records compiled for law enforcement purposes;

(7) disclose information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of the interstate commission with respect to a regulated entity for the purpose of regulation or supervision of the entity;

(8) disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity; or

(9) specifically relate to the interstate commission's issuance of a subpoena or its participation in a civil action or proceeding.

(f) For every meeting closed under this provision, the interstate commission's chief legal officer shall publicly certify that, in the officer's opinion, the meeting may be closed to the public and shall reference each relevant exemptive provision. The interstate commission shall keep minutes that shall fully and clearly describe all matters discussed in any meeting and that provide a full and accurate summary of any actions taken and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.

(g) The interstate commission shall collect standardized data concerning the interstate movement of offenders as directed through its bylaws and rules, which must specify the data to be collected, the means of collection and data exchange, and reporting requirements.

ARTICLE VII

RULEMAKING FUNCTIONS OF THE INTERSTATE

COMMISSION

(a) The interstate commission shall adopt rules to effectively and efficiently achieve the purposes of the compact, including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states. Rulemaking shall occur under the criteria set forth in this article and the bylaws and rules adopted under this article and the bylaws. Such rulemaking shall substantially conform to the principles of the federal Administrative Procedure Act, 5 U.S.C. 551 et seq. and the Federal Advisory Committee Act, 5 U.S.C. app. 2, section 1 et seq., as may be amended (referred to in this compact as "APA").

(b) All rules and amendments shall become binding as of the date specified in each rule or amendment.

(c) When adopting a rule, the interstate commission shall:

(1) publish the proposed rule, stating with particularity the text of the rule that is proposed and the reason for the proposed rule;

(2) allow persons to submit written data, facts, opinions, and arguments, which information shall be publicly available;

(3) provide an opportunity for an informal hearing; and

(4) adopt a final rule and its effective date, if appropriate, based on the rulemaking record.

(d) Not later than sixty (60) days after a rule is adopted, any interested person may file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the interstate commission's principal office is located for judicial review of the rule. If the court finds that the interstate commission's action is not supported by substantial evidence (as defined in the APA) in the rulemaking record, the court shall hold the rule unlawful and set it aside. Subjects to be addressed within twelve (12) months after the first meeting must at a minimum include:

(1) notice to victims and opportunity to be heard;

(2) offender registration and compliance;

(3) violations/returns;

(4) transfer procedures and forms;

(5) eligibility for transfer;

(6) collection of restitution and fees from offenders;

(7) data collection and reporting;

(8) the level of supervision to be provided by the receiving state;

(9) transition rules governing the operation of the compact and the interstate commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact; and

(10) mediation, arbitration, and dispute resolution.

(e) Upon determination by the interstate commission that an emergency exists, it may adopt an emergency rule that shall become effective immediately upon adoption. However, the rulemaking procedures provided under this article shall be applied retroactively to the rule as soon as reasonably possible and not later than ninety (90) days after the effective date of the rule.

ARTICLE VIII

OVERSIGHT, ENFORCEMENT, AND DISPUTE

RESOLUTION BY THE INTERSTATE COMMISSION

Part A. Oversight

(a) The interstate commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in non-compacting states that may significantly affect compacting states.

(b) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact that may affect the powers, responsibilities, or actions of the interstate commission, the interstate commission shall be entitled to receive all service of process in any such proceeding and shall have standing to intervene in the proceeding for all purposes.

Part B. Dispute Resolution

(a) The compacting states shall report to the interstate commission on issues or activities of concern to them and cooperate with and support the interstate commission in the discharge of its duties and responsibilities.

(b) The interstate commission shall attempt to resolve any disputes or other issues that are subject to the compact and that may arise between compacting states and non-compacting states.

(c) The interstate commission shall enact a bylaw or adopt a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

Part C. Enforcement

The interstate commission, in the reasonable exercise of its discretion, shall enforce this compact using any or all means set forth in Article XI, Part C, of this compact.

ARTICLE IX

FINANCE

(a) The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.

(b) The interstate commission shall levy and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff that must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. The total annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state, and shall adopt a rule binding upon all compacting states that governs the assessment.

(c) The interstate commission shall not incur any obligation of any kind before securing the funds adequate to meet the obligation, nor shall the interstate commission pledge the credit of any compacting state except by and with the authority of the compacting state.

(d) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the interstate commission.

ARTICLE X

COMPACTING STATES, DATE, AND AMENDMENT

(a) Any state may become a compacting state. The compact becomes effective and binding upon legislative enactment of the compact into law by not less than thirty-five (35) states. The initial effective date shall be the later of July 1, 2001, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter, the compact shall become effective and binding on any other compacting state upon enactment of the compact into law by that state. The governors of nonmember states or their designees will be invited to participate in interstate commission activities on a nonvoting basis before adoption of the compact by all states and territories of the United States.

(b) Amendments to the compact may be proposed by the interstate commission for enactment by the compacting states. No amendment shall become effective and binding upon the interstate commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.

ARTICLE XI

WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL

ENFORCEMENT

Part A. Withdrawal

(a) Once effective, the compact continues in force and remains binding upon every compacting state. A compacting state may withdraw from the compact ("withdrawing state") by enacting a statute specifically repealing the statute that enacted the compact into law.

(b) The effective date of withdrawal is the effective date of the repeal.

(c) The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty (60) days of its receipt.

(d) The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations the performance of which extends beyond the effective date of withdrawal.

(e) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.

Part B. Default

(a) If the interstate commission determines that any compacting state has at any time defaulted ("defaulting state") in the performance of any of its obligations or responsibilities under this compact, the bylaws, or any adopted rules, the interstate commission may impose any or all of the following penalties:

(1) Fines, fees, and costs levied upon the county responsible for the default, or upon the state, if the state is responsible for the default, in amounts considered reasonable as fixed by the interstate commission.

(2) Remedial training and technical assistance as directed by the interstate commission.

(3) Suspension and termination of membership in the compact.

(b) Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. Immediate notice of suspension shall be given by the interstate commission to the governor, the chief justice or the chief judicial officer of the state, the majority and minority leaders of the defaulting state's legislature, and the state council.

(c) The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, interstate commission bylaws, or adopted rules. The interstate commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission on the defaulting state pending a cure of the default. The interstate commission shall stipulate the conditions and the time within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time specified by the interstate commission, in addition to any other penalties imposed herein, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states, and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of suspension.

(d) Within sixty (60) days of the effective date of termination of a defaulting state, the interstate commission shall notify the governor, the chief justice or the chief judicial officer of the state, the majority and minority leaders of the defaulting state's legislature, and the state council of such termination.

(e) The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including any obligations, the performance of which extends beyond the effective date of termination.

(f) The interstate commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the interstate commission and the defaulting state. Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the interstate commission under the rules.

Part C. Judicial Enforcement

The interstate commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its offices, to enforce compliance with the provisions of the compact and its adopted rules and bylaws against any compacting state in default or against a county if the county is responsible for the default. If judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.

Part D. Dissolution of Compact

(a) The compact dissolves effective on the date of the withdrawal or default of the compacting state that reduces membership in the compact to one (1) compacting state.

(b) Upon the dissolution of this compact, the compact becomes void and is of no further force or effect, and the business and affairs of the interstate commission shall be wound up and any surplus funds shall be distributed in accordance with the bylaws.

ARTICLE XII

SEVERABILITY AND CONSTRUCTION

(a) The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision is considered unenforceable, the remaining provisions of the compact shall be enforceable.

(b) The provisions of this compact shall be liberally constructed to effectuate its purposes.

ARTICLE XIII

BINDING EFFECT OF COMPACT AND OTHER LAWS

(a) All lawful actions of the interstate commission, including all rules and bylaws adopted by the interstate commission, are binding upon the compacting states. All agreements between the interstate commission and the compacting states are binding in accordance with their terms. Upon the request of a party to a conflict over meaning or interpretation of interstate commission actions, and upon a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or interpretation.

(b) Any provision of this compact that violates the Constitution of the State of Indiana is ineffective in Indiana.

As added by P.L.110-2003, SEC.2.
Ind. Code § 11-13-4.5-2 — Indiana Code / Title 11 / Article 13 / Chapter 4.5 / Section 11-13-4.5-2
The state council
Status: in_force

Sec. 2. (a) As used in this section, "council" refers to:

(1) the state council for interstate adult offender supervision described in section 1 of this chapter (Article III of the interstate compact for adult offender supervision); and

(2) the state council for interstate juvenile supervision described in section 1.5 of this chapter (Article VIII of the interstate compact for juveniles).

(b) The council consists of the following members:

(1) The commissioner of the department of correction.

(2) The chief administrative officer of the office of judicial administration or the chief administrative officer's designee.

(3) The executive director of the Indiana criminal justice institute.

(4) One (1) member of a victim's group appointed by the governor upon recommendation of the executive director of the Indiana criminal justice institute.

(5) The executive director of the Indiana sheriffs' association.

(6) The executive director of the public defender council of Indiana.

(7) The executive director of the prosecuting attorneys council of Indiana.

(8) One (1) member of the general assembly appointed by the chairman of the legislative council. The legislative member serves at the pleasure of the chairman of the legislative council.

(9) The compact administrator, if the compact administrator is not already a member of the council.

(10) The director of the department of child services.

(11) The president of the Indiana council of juvenile and family court judges.

(c) The chief administrative officer of the office of judicial administration shall serve as the chairperson of the council.

(d) The office of judicial administration shall staff the council.

(e) The council shall meet at the call of the chairperson or upon request by a majority of the members, but at least one (1) time per calendar year.

(f) The commissioner of the department of correction shall appoint sufficient deputy compact administrators to fulfill Indiana's obligations under the interstate compact for adult offender supervision with respect to out-of-state offenders who are on parole.

(g) The chief administrative officer or designee of the office of judicial administration shall appoint sufficient deputy compact administrators to fulfill Indiana's obligations under the interstate compact for adult offender supervision with respect to out-of-state offenders who are on probation.

(h) The council has the following duties:

(1) The council shall receive the recommendation of the commissioner of the department of correction and the chief administrative officer of the office of judicial administration concerning the appointment of a compact administrator.

(2) The council shall appoint the compact administrator, who shall serve as commissioner on the interstate commission. If the compact administrator is unable to serve as commissioner at a meeting of the interstate commission, the council shall designate another person to serve in place of the compact administrator.

(3) The council shall oversee activities of the interstate commission.

(4) The council may make recommendations concerning the operation of the interstate compact within Indiana and to facilitate the implementation of the rules and bylaws adopted by the interstate commission.

(5) The council shall carry out the duties of the state council under section 1.5 of this chapter.

(i) The expenses of the council shall be paid from appropriations made to the Indiana supreme court.

(j) Each member of the council who is not a state employee is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

(k) Each member of the council who is a state employee but who is not a member of the general assembly is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

(l) Each member of the council who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to legislative members of interim study committees established by the legislative council. Per diem, mileage, and travel allowances paid under this subsection shall be paid from appropriations made to the legislative council or the legislative services agency.

(m) A member of the council who is a member of the general assembly serves as a nonvoting member.

(n) The affirmative votes of a majority of the voting members appointed to the council are required for the committee to take action on any measure, including making a recommendation.

As added by P.L.110-2003, SEC.2. Amended by P.L.137-2011, SEC.2; P.L.161-2018, SEC.26.
Ind. Code § 11-13-3-4 — Indiana Code / Title 11 / Article 13 / Chapter 3 / Section 11-13-3-4
Parole conditions; expenses
Status: in_force

Sec. 4. (a) A condition to remaining on parole is that the parolee not commit a crime during the period of parole.

(b) The parole board may also adopt, under IC 4-22-2, additional conditions to remaining on parole and require a parolee to satisfy one (1) or more of these conditions. These conditions must be reasonably related to the parolee's successful reintegration into the community and not unduly restrictive of a fundamental right.

(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 board may modify parole conditions if the parolee receives notice of that action and had ten (10) days after receipt of the notice to express the parolee's views on the proposed modification. This subsection does not apply to modification of parole conditions after a revocation proceeding under section 10 of this chapter.

(e) As a condition of parole, the parole board may require the parolee to reside in a particular parole area. In determining a parolee's residence requirement, the parole board shall:

(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 board may require the parolee to:

(1) periodically undergo a laboratory chemical test (as defined in IC 9-13-2-22) or series of tests to detect and confirm the presence of a controlled substance (as defined in IC 35-48-1.1-7); and

(2) have the results of any test under this subsection reported to the parole board 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:

(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 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 35-31.5-2-285) for the period of parole, unless the sex offender obtains written approval from the parole board;

(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 websites, 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 board may not grant a sexually violent predator (as defined in IC 35-38-1-7.5) or a sex offender who is an offender against children under IC 35-42-4-11 a waiver under subdivision (2)(B) or (2)(C). If the parole board allows the sex offender to reside within one thousand (1,000) feet of school property under subdivision (2)(B), the parole board shall notify each school within one thousand (1,000) feet of the sex offender's residence of the order.

(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 board may require a parolee to participate in a reentry court program.

(j) This subsection does not apply to a person on lifetime parole. As a condition of parole, the parole board shall require a parolee who is a sexually violent predator under IC 35-38-1-7.5 or 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, subject to a validated sex offender risk assessment, and subject to the amount appropriated to the department for a monitoring program as a condition of parole.

(k) As a condition of parole, the parole board may prohibit, in accordance with IC 35-38-2-2.6, a parolee who has been convicted of stalking from residing within one thousand (1,000) feet of the residence of the victim of the stalking for a period that does not exceed five (5) years.

(l) As a condition of parole, the parole board may prohibit a parolee convicted of an offense under IC 35-46-3 from owning, harboring, or training an animal, and, if the 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 may also prohibit the parolee from having direct or indirect contact with any animal belonging to the individual.

(m) As a condition of parole, the parole board may require a parolee 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.

(n) 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.

(o) As a condition of parole, the parole board shall prohibit a person convicted of an animal abuse offense (as defined in IC 35-38-2-2.8) from owning, harboring, or training a companion animal (as defined in IC 35-38-2-2.8).

As added by Acts 1979, P.L.120, SEC.6. Amended by Acts 1981, P.L.136, SEC.1; P.L.67-1990, SEC.5; P.L.11-1994, SEC.8; P.L.1-1995, SEC.60; P.L.214-1999, SEC.2; P.L.238-2001, SEC.15; P.L.116-2002, SEC.18; P.L.6-2006, SEC.2; P.L.60-2006, SEC.1; P.L.139-2006, SEC.2; P.L.140-2006, SEC.15 and P.L.173-2006, SEC.15; P.L.1-2007, SEC.103; P.L.216-2007, SEC.31; P.L.46-2008, SEC.1; P.L.119-2008, SEC.10; P.L.1-2009, SEC.100; P.L.111-2009, SEC.2; P.L.229-2011, SEC.104; P.L.40-2012, SEC.5; P.L.114-2012, SEC.27; P.L.187-2015, SEC.12; P.L.209-2015, SEC.10; P.L.95-2017, SEC.1; P.L.37-2019, SEC.1; P.L.45-2022, SEC.1; P.L.1-2025, SEC.163; P.L.186-2025, SEC.94.
Ind. Code § 11-8-8-22 — Indiana Code / Title 11 / Article 8 / Chapter 8 / Section 11-8-8-22
Procedure for retroactive application of ameliorative statutes
Status: in_force

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 website 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; P.L.1-2025, SEC.160.
Ind. Code § 11-12-1-2 — Indiana Code / Title 11 / Article 12 / Chapter 1 / Section 11-12-1-2
Establishment; purpose
Status: in_force

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.
Ind. Code § 11-13-1-3 — Indiana Code / Title 11 / Article 13 / Chapter 1 / Section 11-13-1-3
Probation officers; mandatory duties
Status: in_force

Sec. 3. A probation officer shall:

(1) conduct prehearing and presentence investigations and prepare reports as required by law;

(2) assist the courts in making pretrial release decisions;

(3) assist the courts, prosecuting attorneys, and other law enforcement officials in making decisions regarding the diversion of charged individuals to appropriate noncriminal alternatives;

(4) furnish each person placed on probation under his supervision a written statement of the conditions of his probation and instruct him regarding those conditions;

(5) supervise and assist persons on probation consistent with conditions of probation imposed by the court;

(6) bring to the court's attention any modification in the conditions of probation considered advisable;

(7) notify the court when a violation of a condition of probation occurs;

(8) cooperate with public and private agencies and other persons concerned with the treatment or welfare of persons on probation, and assist them in obtaining services from those agencies and persons;

(9) keep accurate records of cases investigated by him and of all cases assigned to him by the court and make these records available to the court upon request;

(10) collect and disburse money from persons under his supervision according to the order of the court, and keep accurate and complete accounts of those collections and disbursements;

(11) assist the court in transferring supervision of a person on probation to a court in another jurisdiction; and

(12) perform other duties required by law or as directed by the court.

As added by Acts 1979, P.L.120, SEC.6.
Ind. Code § 11-8-4-10 — Indiana Code / Title 11 / Article 8 / Chapter 4 / Section 11-8-4-10
Place of release of inmate; cost of return
Status: in_force

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.
Ind. Code § 11-10-4-3 — Indiana Code / Title 11 / Article 10 / Chapter 4 / Section 11-10-4-3
Involuntary transfers to division of mental health and addiction or to mental health facility
Status: reserved

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 office of judicial 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; P.L.161-2018, SEC.22.
Ind. Code § 11-8-4-4 — Indiana Code / Title 11 / Article 8 / Chapter 4 / Section 11-8-4-4
Contracts with other states; confinement in institution in territory of other party state; receiving state to act as agent for sending state
Status: in_force

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.
Ind. Code § 11-10-6-9 — Indiana Code / Title 11 / Article 10 / Chapter 6 / Section 11-10-6-9
Advances for purchasing materials, supplies, or equipment used in manufacturing or processing goods
Status: in_force

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.
Ind. Code § 11-12-6.5-8 — Indiana Code / Title 11 / Article 12 / Chapter 6.5 / Section 11-12-6.5-8
Regional holding facility agreement; standards
Status: in_force

Sec. 8. A regional holding facility agreement must include terms concerning the standards that will apply to the establishment and operation of a regional holding facility.

As added by P.L.239-2019, SEC.11.
Ind. Code § 11-13-8-2 — Indiana Code / Title 11 / Article 13 / Chapter 8 / Section 11-13-8-2
Written policies and procedures
Status: in_force

Sec. 2. The department shall develop written policies and procedures to implement the programs required by section 1 of this chapter.

As added by P.L.240-1991(ss2), SEC.70.
Ind. Code § 11-10-13-1 — Indiana Code / Title 11 / Article 10 / Chapter 13 / Section 11-10-13-1
Methodology for determining the average daily cost of incarcerating an offender
Status: in_force

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.
Ind. Code § 11-13-8-1 — Indiana Code / Title 11 / Article 13 / Chapter 8 / Section 11-13-8-1
Duty to provide programs
Status: in_force

Sec. 1. The department shall provide transitional programs for felons who are to be released on parole, discharged, or placed on probation.

As added by P.L.240-1991(ss2), SEC.70.
Ind. Code § 11-13-9-5 — Indiana Code / Title 11 / Article 13 / Chapter 9 / Section 11-13-9-5
Discharge; parole
Status: in_force

Sec. 5. (a) If the parole board determines that the inmate:

(1) has been properly rehabilitated; and

(2) has suitable plans to carry out if discharged;

the parole board shall discharge the inmate from the custody of the department. An inmate who is released from confinement under this subsection must be placed on parole as described in subsection (b).

(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.

As added by P.L.119-2008, SEC.11.
Ind. Code § 11-10-2-5 — Indiana Code / Title 11 / Article 10 / Chapter 2 / Section 11-10-2-5
Assignment to facility or program
Status: in_force

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.
Ind. Code § 11-12-6.5-6 — Indiana Code / Title 11 / Article 12 / Chapter 6.5 / Section 11-12-6.5-6
State comptroller report
Status: in_force

Sec. 6. The state comptroller shall semiannually provide to the department and the general assembly, in an electronic format under IC 5-14-6, an itemized record of the per diem and medical expense reimbursements received by a county under section 4 of this chapter.

As added by P.L.239-2019, SEC.11. Amended by P.L.9-2024, SEC.325.
Ind. Code § 11-11-6-2 — Indiana Code / Title 11 / Article 11 / Chapter 6 / Section 11-11-6-2
Compliance with federal and state laws; inspections; correction of conditions; authority of Indiana department of health and the department of homeland security
Status: in_force

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:

(1) at least annually by the Indiana department of health if the facility is not accredited by a nationally recognized accrediting organization; and

(2) by the department of homeland security in accordance with IC 22-14-2-11;

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 Indiana department of health and the department of homeland security 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 Indiana department of health or the department of homeland security 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 Indiana department of health or the department of homeland security 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 Indiana department of health and department of homeland security 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; P.L.56-2023, SEC.81; P.L.28-2026, SEC.19.
Ind. Code § 11-13-3-7 — Indiana Code / Title 11 / Article 13 / Chapter 3 / Section 11-13-3-7
Supervision and assistance of persons on parole; duties of employee assigned; employee not considered law enforcement officer
Status: in_force

Sec. 7. (a) An employee of the department assigned to supervise and assist parolees may:

(1) execute warrants issued by the parole board;

(2) serve orders, subpoenas, and notices issued by the parole board;

(3) conduct investigations necessary to the performance of the employee's duties;

(4) visit and confer with any person under the employee's supervision, even when that person is in custody;

(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 the employee has reasonable cause to believe that the parolee is violating or is in imminent danger of violating a condition to remaining on parole;

(7) arrest a parolee without a warrant if the employee has 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 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 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 35-31.5-2-185.

As added by Acts 1979, P.L.120, SEC.6. Amended by P.L.311-1983, SEC.35; P.L.114-2012, SEC.28.
Ind. Code § 11-12-2-2 — Indiana Code / Title 11 / Article 12 / Chapter 2 / Section 11-12-2-2-b
Community corrections advisory board; membership; terms; combined advisory board; officers; quorum; assistance and appropriations
Status: in_force

Note: This version of section effective 7-1-2026. See also preceding version of this section, effective until 7-1-2026.

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) in a county:

(A) without a consolidated city, two (2) judges having criminal jurisdiction, if available, appointed by the circuit court judge or the judges' designees; or

(B) with a consolidated city, one (1) of the judges must be the chief judge selected under IC 33-33-49-14.1(c) and the other judge shall be appointed by the chief judge;

(5) in a county:

(A) without a consolidated city, one (1) judge having juvenile jurisdiction, appointed by the circuit court judge; or

(B) with a consolidated city, one (1) judge having juvenile jurisdiction, appointed by the chief judge selected under IC 33-33-49-14.1(c);

(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) in a county:

(A) without a consolidated city, 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); or

(B) with a consolidated city, a mental health representative, which could include a representative from a juvenile correctional facility or juvenile detention center in the county, appointed by the chief judge selected under IC 33-33-49-14.1(c);

(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) This subsection only applies to an advisory board appointed by the county executive in a county not having a consolidated city. An individual who is appointed a member of the advisory board serves at the pleasure of the county executive as long as the county executive retains all of the same members who served on the body when the individual was appointed.

(d) 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. In a county that does not have a consolidated city, 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.

(e) 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.

(f) 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.

(g) 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; P.L.76-2026, SEC.1; P.L.40-2026, SEC.3; P.L.145-2026, SEC.291.
Ind. Code § 11-10-11.5-4 — Indiana Code / Title 11 / Article 10 / Chapter 11.5 / Section 11-10-11.5-4
Copy of notice sent to prosecuting attorney
Status: in_force

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.
Ind. Code § 11-10-12-2 — Indiana Code / Title 11 / Article 10 / Chapter 12 / Section 11-10-12-2
Transportation of released offender; money for immediate needs
Status: in_force

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 and subject to subsection (c), shall:

(1) either:

(A) procure transportation for the released offender to the released offender's 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 released offender, provide transportation for the released offender to any other place in Indiana as the commissioner may designate; and

(2) provide the released offender with an amount of money to be determined by the department in accordance with procedures approved by the budget agency to enable the released offender to meet the released offender's immediate needs.

Except as provided in subdivision (2), a released 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 released offender upon release on parole or probation or upon discharge. These standards:

(1) must be consistently applied to each released offender upon release or discharge;

(2) must take into account amounts earned by a released offender through a work release program before release or discharge; and

(3) may allow for no payment to a released offender who is determined by the department to have accumulated a sufficient amount of money to meet the released offender's immediate needs upon release or discharge.

(c) Except as provided in subsection (d), the department may not provide transportation to, or procure transportation or public transportation to, a county other than the released offender's county of residence at the time of conviction.

(d) The department may provide transportation to, or procure transportation or public transportation to, a county other than the released offender's county of residence at the time of conviction if the released offender:

(1) has been ordered by a court to serve home detention, probation, or community corrections in a county other than the released offender's county of residence; or

(2) provides written proof that:

(A) the released offender has been accepted into a reentry program offered or approved by a:

(i) court;

(ii) state agency; or

(iii) local county or municipal agency; and

(B) the:

(i) released offender has employment; or

(ii) reentry program plan includes a housing plan that has been approved or established by an entity described in clause (A)(i) through (A)(iii). For purposes of this item, a housing plan does not include housing provided by a homeless shelter.

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; P.L.212-2023, SEC.1.
Ind. Code § 11-8-1-1 — Indiana Code / Title 11 / Article 8 / Chapter 1 / Section 11-8-1-1
Application of definitions
Status: in_force

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

As added by Acts 1979, P.L.120, SEC.1.
Ind. Code § 11-13-6-5 — Indiana Code / Title 11 / Article 13 / Chapter 6 / Section 11-13-6-5
Supervision and assistance to offenders on parole
Status: in_force

Sec. 5. The department shall supervise and assist offenders on parole. Its duties in this regard include:

(1) establishing methods and procedures in the administration of parole, including investigation, supervision, workloads, recordkeeping, and reporting;

(2) assisting offenders in making parole release plans;

(3) providing employment counseling and assistance in job and residential placement;

(4) providing family and individual counseling and treatment placement;

(5) providing financial counseling;

(6) providing vocational and educational counseling and placement;

(7) supervising and assisting out of state parolees accepted under an interstate compact; and

(8) cooperating with public and private agencies and with individual citizens concerned with the treatment or welfare of offenders and assisting the offender in obtaining services from these agencies and citizens.

As added by Acts 1979, P.L.120, SEC.6.
Ind. Code § 11-12-5.5-3 — Indiana Code / Title 11 / Article 12 / Chapter 5.5 / Section 11-12-5.5-3
Terms included in the regional jail agreement
Status: in_force

Sec. 3. (a) In addition to the provisions required under IC 36-1-7-3, a regional jail agreement must include terms concerning the following:

(1) The location of the regional jail.

(2) The acquisition, design, financing, construction, leasing, maintenance, repair, operation, termination of operations, and administration of the regional jail.

(3) The manner in which each participating entity's proportionate share of the funding for the regional jail will be determined.

(4) The manner in which any:

(A) per diem paid by the state; or

(B) other reimbursement paid by the state;

for the costs of incarcerating individuals in a county jail or the costs of medical care expenses incurred for individuals in a county jail will be used by the participating entities.

(5) Any pledge of local revenue that will be required to carry out the regional jail agreement or to pay bonds issued or leases entered into by a participating entity to carry out the regional jail agreement.

(6) The standards that will apply to the regional jail.

(7) The method of determining the inmate programs, activities, and services that will be provided at the regional jail.

(8) The method of resolving disputes among the participating entities concerning the regional jail agreement, if any such disputes arise.

(b) Notwithstanding IC 5-23, if a public-private agreement (as defined in IC 5-23-2-13) is entered into to design, finance, construct, maintain, or operate a regional jail, the manner of acquiring, holding, and disposing of real property under the joint agreement may include ownership by the operator of:

(1) real property on which the regional jail is constructed;

(2) personal property of the regional jail; and

(3) all improvements to the regional jail during and after the termination of the public-private agreement.

As added by P.L.184-2018, SEC.11. Amended by P.L.239-2019, SEC.9.
Ind. Code § 11-11-7-1 — Indiana Code / Title 11 / Article 11 / Chapter 7 / Section 11-11-7-1
Access to legal materials to research legal matters and to prepare and file legal papers
Status: in_force

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.
Ind. Code § 11-12-5-8 — Indiana Code / Title 11 / Article 12 / Chapter 5 / Section 11-12-5-8
Return of unused medications, medical devices, or medical supplies
Status: in_force

Sec. 8. (a) This section applies to 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); and

(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).

(b) The county sheriff:

(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).

(c) The county sheriff may return 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) to a pharmacy or pharmacist.

(d) A pharmacist or pharmacy that enters into an agreement with the county sheriff 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 county sheriff a fee for processing the returns.

As added by P.L.174-2011, SEC.2. Amended by P.L.159-2012, SEC.2.
Ind. Code § 11-12-10-1 — Indiana Code / Title 11 / Article 12 / Chapter 10 / Section 11-12-10-1
Establishment of programs
Status: in_force

Sec. 1. A county or a combination of counties shall establish a community transition program as part of its community corrections program. If a county does not participate in a community corrections program, each court with felony jurisdiction in the county shall provide community transition program services through the probation department for the court.

As added by P.L.273-1999, SEC.209.
Ind. Code § 11-12-11-5 — Indiana Code / Title 11 / Article 12 / Chapter 11 / Section 11-12-11-5
Use of county misdemeanant fund; nonreversion of money in the fund
Status: in_force

Sec. 5. A county misdemeanant fund must be used only for funding the operation of the county's jail, jail programs, or other local correctional facilities or community based programs. Any money remaining in a county misdemeanant fund at the end of the year does not revert to any other fund, but remains in the county misdemeanant fund.

As added by P.L.204-2016, SEC.29.
Ind. Code § 11-8-2-9 — Indiana Code / Title 11 / Article 8 / Chapter 2 / Section 11-8-2-9
Research and statistics
Status: in_force

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.
Ind. Code § 11-8-1-2 — Indiana Code / Title 11 / Article 8 / Chapter 1 / Section 11-8-1-2
"Adult"
Status: in_force

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.
Ind. Code § 11-12-10-3 — Indiana Code / Title 11 / Article 12 / Chapter 10 / Section 11-12-10-3
Community transition program funds
Status: in_force

Sec. 3. There is established a community transition program fund for each community transition program. The fund shall be administered by the community corrections advisory board in each county served by a community corrections program. In a county that is not served by a community corrections program, the courts in the county with felony jurisdiction shall jointly administer the fund. Money in the fund may be used for community corrections programs and, in counties that are not served by a community corrections program, for probation services.

As added by P.L.273-1999, SEC.209.
Ind. Code § 11-11-1.5-3 — Indiana Code / Title 11 / Article 11 / Chapter 1.5 / Section 11-11-1.5-3
Access to records and other facilities
Status: in_force

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.
Ind. Code § 11-13-2-3 — Indiana Code / Title 11 / Article 13 / Chapter 2 / Section 11-13-2-3
Application for financial assistance; criteria; consultation; provider requirements
Status: in_force

Sec. 3. (a) Any court having probation jurisdiction may apply for financial assistance under this chapter by submitting an application to the judicial conference of Indiana for review. The application shall be accompanied by detailed plans regarding the use of the financial aid.

(b) The judicial conference of Indiana shall develop a plan for the application process and the funding requirements for courts seeking financial aid. The judicial conference and the state budget committee must approve all financial aid granted under this chapter.

(c) Two (2) or more courts may jointly apply for financial assistance under this chapter.

(d) The judicial conference of Indiana shall award financial assistance 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.

(e) Before providing financial assistance under this chapter, the judicial conference of Indiana shall consult with the department of correction 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.

(f) Substance abuse treatment under subsection (e) 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.

(g) Mental health and substance abuse treatment services provided by financial assistance under this section shall be provided by a provider certified by the division of mental health and addiction to provide mental health or substance abuse treatment.

As added by Acts 1979, P.L.120, SEC.6. Amended by Acts 1980, P.L.89, SEC.9; P.L.158-2014, SEC.5; P.L.184-2014, SEC.5; P.L.209-2015, SEC.9.
Ind. Code § 11-13-1-8 — Indiana Code / Title 11 / Article 13 / Chapter 1 / Section 11-13-1-8
Rules and regulations by judicial conference of Indiana; minimum standards and examinations for probation officers; training and technical assistance for probation departments
Status: in_force

Sec. 8. (a) As used in this section, "board" refers to the board of directors of the judicial conference of Indiana established by IC 33-38-9-3.

(b) The board shall adopt rules consistent with this chapter, prescribing minimum standards concerning:

(1) educational and occupational qualifications for employment as a probation officer;

(2) compensation of probation officers;

(3) protection of probation records and disclosure of information contained in those records;

(4) presentence investigation reports;

(5) a schedule of progressive probation incentives and violation sanctions, including judicial review procedures; and

(6) qualifications for probation officers to administer probation violation sanctions under IC 35-38-2-3(e).

(c) The conference shall prepare a written examination to be used in establishing lists of persons eligible for appointment as probation officers. The conference shall prescribe the qualifications for entrance to the examination and establish a minimum passing score and rules for the administration of the examination after obtaining recommendations on these matters from the probation standards and practices advisory committee. The examination must be offered at least once every other month.

(d) The conference shall, by its rules, establish an effective date for the minimum standards and written examination for probation officers.

(e) The conference shall provide probation departments with training and technical assistance for:

(1) the implementation and management of probation case classification; and

(2) the development and use of workload information.

The staff of the office of judicial administration may include a probation case management coordinator and probation case management assistant.

(f) The conference shall, in cooperation with the department of child services and the department of education, provide probation departments with training and technical assistance relating to special education services and programs that may be available for delinquent children or children in need of services. The subjects addressed by the training and technical assistance must include the following:

(1) Eligibility standards.

(2) Testing requirements and procedures.

(3) Procedures and requirements for placement in programs provided by school corporations or special education cooperatives under IC 20-35-5.

(4) Procedures and requirements for placement in residential special education institutions or facilities under IC 20-35-6-2.

(5) Development and implementation of individual education programs for eligible children in:

(A) accordance with applicable requirements of state and federal laws and rules; and

(B) coordination with:

(i) individual case plans; and

(ii) informal adjustment programs or dispositional decrees entered by courts having juvenile jurisdiction under IC 31-34 and IC 31-37.

(6) Sources of federal, state, and local funding that is or may be available to support special education programs for children for whom proceedings have been initiated under IC 31-34 and IC 31-37.

Training for probation departments may be provided jointly with training provided to child welfare caseworkers relating to the same subject matter.

(g) The conference shall, in cooperation with the division of mental health and addiction (IC 12-21) and the division of disability, aging, and rehabilitative services (IC 12-9-1), provide probation departments with training and technical assistance concerning mental illness, addictive disorders, intellectual disabilities, and developmental disabilities, including evidence based treatment programs for mental illness and addictive disorders and cognitive behavior treatment.

(h) The conference shall make recommendations to courts and probation departments concerning:

(1) selection, training, distribution, and removal of probation officers;

(2) methods and procedure for the administration of probation, including investigation, supervision, workloads, record keeping, and reporting; and

(3) use of citizen volunteers and public and private agencies.

(i) The conference may delegate any of the functions described in this section to the advisory committee or the office of judicial administration.

As added by Acts 1979, P.L.120, SEC.6. Amended by Acts 1980, P.L.89, SEC.5; P.L.240-1991(ss2), SEC.68; P.L.1-1992, SEC.71; P.L.18-1995, SEC.2; P.L.55-1997, SEC.2; P.L.98-2004, SEC.82; P.L.85-2004, SEC.44; P.L.1-2005, SEC.125; P.L.141-2006, SEC.10; P.L.145-2006, SEC.31; P.L.1-2007, SEC.102; P.L.147-2012, SEC.2; P.L.117-2015, SEC.9; P.L.179-2015, SEC.8; P.L.149-2016, SEC.41; P.L.161-2018, SEC.24; P.L.122-2026, SEC.11.
Ind. Code § 11-12-5-9 — Indiana Code / Title 11 / Article 12 / Chapter 5 / Section 11-12-5-9
Assistance in applying for Medicaid before release or discharge; timing of assistance; notice
Status: in_force

Sec. 9. (a) This section is effective beginning September 1, 2015.

(b) For an offender who is incarcerated for less than thirty (30) days, a sheriff, in consultation with the county executive or a person designated by the county executive, may:

(1) assist an offender in applying for Medicaid; and

(2) act as the offender's Medicaid authorized representative as described in IC 11-10-3-7;

so that the offender might be eligible for coverage when the offender is subsequently released from the county jail.

(c) Before an offender who has been incarcerated in a county jail or a facility listed in IC 12-15-1-20.4(a)(1) for at least thirty (30) days is released or discharged from the county jail or facility, the sheriff, in consultation with the county executive or a person designated by the county executive in the county in which the incarcerated person is located shall assist the offender in applying for Medicaid, if eligible, 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 offender might be eligible for coverage when the offender is subsequently released from the county jail.

(d) The sheriff shall provide the assistance described in subsection (c) in sufficient time to ensure that the offender will be able to receive coverage at the time the offender is released from the county jail.

(e) A county executive may contract with any entity that complies with IC 27-19-2-12, including a hospital or outreach eligibility worker, to assist with Medicaid applications under this section. A county executive may develop intergovernmental agreements with other counties to provide both authorized representative and health navigator services required under this section. Upon a determination that an incarcerated individual 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.7. Amended by P.L.26-2025, SEC.1.
Ind. Code § 11-10-16-2 — Indiana Code / Title 11 / Article 10 / Chapter 16 / Section 11-10-16-2
Admission criteria
Status: in_force

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.
Ind. Code § 11-11-3-8 — Indiana Code / Title 11 / Article 11 / Chapter 3 / Section 11-11-3-8
Visitors; reasonable restriction
Status: in_force

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.
Ind. Code § 11-8-4-18 — Indiana Code / Title 11 / Article 8 / Chapter 4 / Section 11-8-4-18
Effect of compact on agreements or arrangements with nonparty state
Status: in_force

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.
Ind. Code § 11-10-13-3 — Indiana Code / Title 11 / Article 10 / Chapter 13 / Section 11-10-13-3
Report of cost of incarceration to be provided to certain criminal courts
Status: in_force

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.
Ind. Code § 11-10-4-5 — Indiana Code / Title 11 / Article 10 / Chapter 4 / Section 11-10-4-5
Transfer not to extend offender's term of imprisonment or confinement; commitment proceedings
Status: reserved

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.
Ind. Code § 11-10-7-3 — Indiana Code / Title 11 / Article 10 / Chapter 7 / Section 11-10-7-3
Agreement between commissioner and private person; wages; employment on voluntary basis; unemployment compensation
Status: in_force

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.
Ind. Code § 11-12-5-4 — Indiana Code / Title 11 / Article 12 / Chapter 5 / Section 11-12-5-4
Application of IC 11-12-5-2 and IC 11-12-5-3
Status: in_force

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.
Ind. Code § 11-12-1-3 — Indiana Code / Title 11 / Article 12 / Chapter 1 / Section 11-12-1-3
Acquisition of premises and facilities by purchase, lease, or gift; funding for establishment and operation; private agencies
Status: in_force

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.
Ind. Code § 11-8-8-18 — Indiana Code / Title 11 / Article 8 / Chapter 8 / Section 11-8-8-18
Sexually violent predator; duty to notify
Status: in_force

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.
Ind. Code § 11-12-2-1 — Indiana Code / Title 11 / Article 12 / Chapter 2 / Section 11-12-2-1
Purpose and availability of grants; funding; department reporting requirements
Status: in_force

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:

(1) to counties for the establishment and operation of community corrections programs and court supervised recidivism reduction programs; and

(2) to support a probation department, pretrial diversion program, or jail treatment program.

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) 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.

(c) 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.

(d) 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; and

(B) the number of inmates housed in the facility.

(4) The number of persons committed to the department for a Level 6 felony.

(e) 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 (d). 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; P.L.65-2018, SEC.2; P.L.9-2024, SEC.324; P.L.126-2024, SEC.3; P.L.193-2025, SEC.11.
Ind. Code § 11-12-5.5-1 — Indiana Code / Title 11 / Article 12 / Chapter 5.5 / Section 11-12-5.5-1
Definitions
Status: in_force

Sec. 1. The following definitions apply throughout this chapter:

(1) "Regional jail" means a correctional facility (as defined in IC 5-1.2-2-11) for which a regional jail agreement has been entered into under section 2 of this chapter.

(2) "Regional jail agreement" means an agreement described in section 2(a) of this chapter.

As added by P.L.184-2018, SEC.11. Amended by P.L.239-2019, SEC.7.
Ind. Code § 11-12-5.5-6 — Indiana Code / Title 11 / Article 12 / Chapter 5.5 / Section 11-12-5.5-6
Regional jails; programs
Status: in_force

Sec. 6. A regional jail may provide any combination of:

(1) substance abuse treatment (as defined in IC 11-12-3.8-1.5);

(2) jail treatment (as described in IC 11-12-2);

(3) recidivism reduction programs (as described in IC 11-12-2); or

(4) any other program or service the participating entities determine is necessary or appropriate.

As added by P.L.239-2019, SEC.10.
Ind. Code § 11-10-11.5-8 — Indiana Code / Title 11 / Article 10 / Chapter 11.5 / Section 11-10-11.5-8
Transfer of offender to intake person; disciplinary action
Status: in_force

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.
Ind. Code § 11-12-4-4 — Indiana Code / Title 11 / Article 12 / Chapter 4 / Section 11-12-4-4
Jail officer; necessity; training
Status: in_force

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.