Ind. Code § 11-13-4.5-1.5 — Indiana Code / Title 11 / Article 13 / Chapter 4.5 / Section 11-13-4.5-1.5
Interstate compact for juveniles
Status: in_force

Sec. 1.5. The governor shall enter into a compact on behalf of the state with any other state in the form substantially as set forth in this section.

ARTICLE I

DEFINITIONS

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

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

(2) "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 juveniles subject to the terms of this compact, the rules adopted by the interstate commission, and policies adopted by the state council under this compact.

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

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

(5) "Court" means any court having jurisdiction over a delinquent, neglected, or dependent child.

(6) "Deputy compact administrator" means the individual, if any, in each compacting state appointed to act on behalf of a compact administrator under the terms of this compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the interstate commission, and policies adopted by the state council under this compact.

(7) "Interstate commission" means the interstate commission for juveniles established by this compact.

(8) "Juvenile" means any person defined as a juvenile in any member state or by the rules of the interstate commission, including the following terms and definitions:

(A) "Accused delinquent" means a person charged with an offense that if committed by an adult would be a criminal offense.

(B) "Adjudicated delinquent" means a person found to have committed an offense that if committed by an adult would be a criminal offense.

(C) "Accused status offender" means a person charged with an offense that would not be a criminal offense if committed by an adult.

(D) "Adjudicated status offender" means a person found to have committed an offense that would not be a criminal offense if committed by an adult.

(E) "Nonoffender" means a person in need of supervision who is not an accused or adjudicated status offender or delinquent.

(9) "Noncompacting state" means any state that has not enacted the enabling legislation for this compact.

(10) "Probation or parole" means any kind of supervision or conditional release of juveniles authorized by the laws of the compacting states.

(11) "Rules" means a written statement by the interstate commission adopted under Article V of this compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of 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.

ARTICLE II

INTERSTATE COMMISSION FOR JUVENILES

(a) The interstate commission for juveniles is established.

(b) 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 section, and additional powers as conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

(c) The interstate commission consists of commissioners appointed by the appropriate appointing authority in each state under the rules and requirements of each compacting state and in consultation with the state council for interstate juvenile supervision set forth in this section. The commissioner is the compact administrator, deputy compact administrator, or designee from that state who serves on the interstate commission under the law of the compacting state.

(d) In addition to the commissioners, who are the voting representatives of each state, the interstate commission includes individuals who are not commissioners but who are members of interested organizations. Noncommissioner members include a member of the national organizations of governors, legislators, state chief justices, attorneys general, interstate compact for adult offender officials, interstate compact for the placement of children officials, juvenile justice and juvenile corrections officials, and crime victims. All noncommissioner members of the interstate commission are ex officio nonvoting members. The interstate commission may provide in its bylaws for additional, ex officio, nonvoting members, including members of other national organizations.

(e) 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.

(f) The interstate commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings must be open to the public.

(g) The interstate commission shall establish an executive committee that must include interstate commission officers, members, and others as 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 making amendments 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 rules, and performs other duties as directed by the interstate commission or set forth in the bylaws.

(h) Each member of the interstate commission is entitled to cast a vote and to participate in the business and affairs of the interstate commission. A member shall vote in person and may not delegate a vote to another compacting state. However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication.

(i) The interstate commission's bylaws must establish conditions and procedures. The interstate commission shall make its information and official records available to the public for inspection or copying under the bylaws. 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.

(j) 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 and its committees may close a meeting to the public if it determines by two-thirds (2/3) vote that an open meeting would likely:

(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 a person of a crime, or formally censuring a person;

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

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

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

(8) disclose information prematurely and significantly endanger the stability of a regulated person or entity; or

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

(k) For every meeting closed under subsection (j), the interstate commission's legal counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public, and shall reference each relevant exemption clause listed in subsection (j). The interstate commission shall keep minutes that describe all matters discussed in each meeting and shall provide a summary of any actions taken. The minutes must also include a description of the views expressed on any item and the record of any roll call vote indicating how each member voted in each vote. All documents considered in connection with any action must be identified in each set of minutes.

(l) The interstate commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rule that shall specify the data to be collected, the means of collection, and data exchange and reporting requirements. The methods of data collection, exchange, and reporting shall conform to modern technology and coordinate the information functions with the appropriate repository of records.

ARTICLE III

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The interstate commission has the following powers and duties:

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

(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 juveniles subject to the terms of this compact and any bylaws and rules adopted by the interstate 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 of this compact 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 VII of this compact.

(14) To sue and be sued.

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

(16) To perform functions as 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. Reports must include any recommendations that may have been adopted by the interstate commission.

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

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

(20) The interstate commission must maintain its corporate books and records in accordance with the bylaws.

ARTICLE IV

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 other committees as 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 a mechanism for concluding the operations of the interstate commission and the return of any surplus funds that may exist upon the termination of the compact after the payment and reserving of its debts and obligations;

(7) providing transition rules for a start-up administration of the compact; and

(8) 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 has authority and duties as 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 serve without compensation or remuneration from the interstate commission. However, subject to the availability of budgeted funds, the officers are entitled to 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. The interstate commission may set terms and conditions for the appointment of the executive director and shall determine the appropriate compensation for the executive director. The executive director shall serve as secretary to the interstate commission and hire and supervise other staff as authorized by the interstate commission, but is not a member.

Part C. 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, this subsection may not be construed to protect any person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any person.

(b) The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of the person's employment or duties for acts, errors, or omissions occurring within the person's state may not exceed the limits of liability set forth under the constitution and law of that state for state officials, employees, and agents. This subsection may not be construed to protect any person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any the person.

(c) The interstate commission shall defend the executive director, the executive director's employees and representatives, the commissioner of a compacting state, and the commissioner'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.

(d) The interstate commission shall indemnify and hold harmless the commissioner of a compacting state, the appointed designee or employees, and the interstate commission's representatives or employees in the amount of any settlement or judgment obtained against the person 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 person 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 V

RULEMAKING FUNCTIONS OF THE INTERSTATE

COMMISSION

(a) The interstate commission shall adopt rules to effectively and efficiently achieve the purposes of the compact.

(b) Rulemaking shall occur under the criteria set forth in this article and the bylaws and rules adopted. Rulemaking must substantially conform to the principles of the Model State Administrative Procedures Act, 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or another administrative procedures act the interstate commission considers to be consistent with the due process requirement of the Constitution of the United States as interpreted by the United States Supreme Court.

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

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

(1) publish the entire text of the proposed rule and the reason for the proposed rule;

(2) allow and invite individuals to submit written data, facts, opinions, and arguments, that shall be publicly available;

(3) provide an opportunity for an informal hearing if petitioned by ten (10) or more individuals; and

(4) adopt a final rule and its effective date, if appropriate, based on input from state and local officials or other interested parties.

(e) 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 in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedures Act.

(f) If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause the rule to be no longer in effect in any compacting state.

(g) The rules governing the operation of the interstate compact on juveniles superseded by this act are void twelve (12) months after the first meeting of the interstate commission created by this compact.

(h) Upon determination by the interstate commission that an emergency exists, it may adopt an emergency rule that becomes 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 VI

OVERSIGHT, ENFORCEMENT, AND DISPUTE

RESOLUTION BY THE INTERSTATE COMMISSION

Part A. Oversight

(a) The interstate commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor activities being administered in noncompacting 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. The provisions of this compact and the rules adopted shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. 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 is entitled to receive all service of process in any proceeding and has 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 and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with this compact and its bylaws and rules.

(b) Upon the request of a compacting state, 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 noncompacting states. The interstate commission shall adopt a rule providing for mediation and binding dispute resolution for disputes among the compacting states.

(c) The interstate commission, in the reasonable exercise of its discretion, shall enforce this compact and rules of this compact as set forth in Article X of this compact.

ARTICLE VII

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 compacting state and the volume of interstate movement of juveniles in each compacting state, and shall adopt a rule binding upon all compacting states that governs the assessment.

(c) The interstate commission may not incur any obligation of any kind before securing the funds adequate to meet the obligation, nor may 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 are 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 must be included in and become part of the annual report of the interstate commission.

ARTICLE VIII

THE STATE COUNCIL

Each member state shall create a state council for interstate juvenile supervision. While each 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 and victims groups and the compact administrator, deputy compact administrator, or designee. Each compacting state retains the right to determine the qualifications of the compact administrator or deputy compact administrator. Each state council shall advise and may exercise oversight and advocacy concerning the state's participation in interstate commission activities and other duties as may be determined by that state, including, but not limited to, the development of policy concerning operations and procedures of the compact within that state.

ARTICLE IX

COMPACTING STATES

(a) Any state, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands is eligible to become a compacting state.

(b) The compact becomes effective and binding upon legislative enactment of the compact into law by at least thirty-five (35) states. The initial effective date is the later of July 1, 2004, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter, the compact becomes 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 are 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.

(c) Amendments to the compact may be proposed by the interstate commission for enactment by the compacting states. No amendment becomes 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 X

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 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 not later than sixty (60) days after receiving the written notice.

(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 occurs upon the withdrawing state reenacting the compact or upon later date as determined by the interstate commission.

Part B. Technical Assistance, Fines, Suspension, Termination and Default

(a) If the interstate commission determines that any compacting state has at any time defaulted 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) Remedial training and technical assistance as directed by the interstate commission.

(2) Alternative dispute resolution.

(3) 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.

(4) Suspension or termination of membership as described in subsection (b).

(b) Suspension or termination of membership in the compact may 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 the 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 the defaulting state must meet to cure its default, and specify the time when these conditions must be met. If the defaulting state fails to cure the default within the time specified by the interstate commission, in addition to any other penalties imposed in this compact, 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 are 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 the termination.

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

(g) 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 this compact and its adopted rules and bylaws against any compacting state in default. If judicial enforcement is necessary, the prevailing party shall be awarded all costs of the litigation including reasonable attorney's fees.

Part D. Dissolution of Compact

(a) This 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 this 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 concluded and any surplus funds shall be distributed in accordance with the bylaws.

ARTICLE XI

SEVERABILITY AND CONSTRUCTION

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

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

ARTICLE XII

BINDING EFFECT OF COMPACT AND OTHER LAWS

Part A. Other Laws

(a) Nothing in this compact prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.

(b) All compacting states' laws other than state constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.

Part B. Binding Effects of the Compact

(a) All lawful actions of the interstate commission, including all rules and bylaws adopted by the interstate commission, are binding upon the compacting states.

(b) All agreements between the interstate commission and the compacting states are binding in accordance with their terms.

(c) 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 the meaning or interpretation.

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

As added by P.L.137-2011, SEC.1. Amended by P.L.6-2012, SEC.78.
Ind. Code § 11-12-3.7-2.5 — Indiana Code / Title 11 / Article 12 / Chapter 3.7 / Section 11-12-3.7-2.5
"Autism spectrum disorder"
Status: in_force

Sec. 2.5. As used in this chapter, "autism spectrum disorder" has the meaning set forth in the most recent edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders.

As added by P.L.187-2015, SEC.5.
Ind. Code § 11-12-5-5.5 — Indiana Code / Title 11 / Article 12 / Chapter 5 / Section 11-12-5-5.5
County reimbursement for health care services provided to person subject to lawful detention
Status: in_force

Sec. 5.5. (a) As used in this section, "charge description master" means a listing of the amount charged by a hospital for each service, item, and procedure:

(1) provided by the hospital; and

(2) for which a separate charge exists.

(b) As used in this section, "health care services" includes health care items and procedures.

(c) As used in this section, "lawful detention" means the following:

(1) Arrest.

(2) Custody following surrender in lieu of arrest.

(3) Detention in a penal facility.

(4) Detention for extradition or deportation.

(5) Custody for purposes incident to any of the above, including transportation, medical diagnosis or treatment, court appearances, work, or recreation.

The term does not include supervision of a person on probation or parole or constraint incidental to release with or without bail.

(d) This section:

(1) does not apply in the case of a person who is subject to lawful detention by a county sheriff and is:

(A) covered under private health coverage for health care services; or

(B) willing to pay for the person's own health care services;

(2) does not apply to an inmate receiving inpatient services under IC 36-2-13-19; and

(3) does not affect copayments required under section 5 of this chapter.

(e) Except as provided in subsections (f) and (g), a county that is responsible for payment for health care services provided to a person who is subject to lawful detention by the county's sheriff shall reimburse:

(1) a physician licensed under IC 25-22.5;

(2) a hospital licensed under IC 16-21-2; or

(3) another health care provider;

for the cost of a health care service at the federal Medicare reimbursement rate for the health care service provided plus four percent (4%).

(f) Except as provided in subsection (g), if there is no federal Medicare reimbursement rate for a health care service described in subsection (e), the county shall do the following:

(1) If the health care service is provided by a hospital, the county shall reimburse the hospital an amount equal to sixty-five percent (65%) of the amount charged by the hospital according to the hospital's charge description master.

(2) If the health care service is provided by a physician or another health care provider, the county shall reimburse the physician or health care provider an amount equal to sixty-five percent (65%) of the amount charged by the physician or health care provider.

(g) A county described in subsection (e) or (f) may reimburse a health care provider described in subsection (e)(1), (e)(2), or (e)(3) at a lower reimbursement rate than the rate required by subsection (e) or (f) if the county enters into an agreement with a health care provider described in subsection (e)(1), (e)(2), or (e)(3) to reimburse the health care provider for a health care service at the lower reimbursement rate.

As added by P.L.80-2009, SEC.1. Amended by P.L.205-2011, SEC.1; P.L.185-2015, SEC.6.
Ind. Code § 11-10-4-2 — Indiana Code / Title 11 / Article 10 / Chapter 4 / Section 11-10-4-2
Providing care and treatment
Status: in_force

Sec. 2. The department shall provide for the care and treatment of every confined offender who is determined to be mentally ill by a psychiatrist employed or retained by the department. To provide that care and treatment, the department may:

(1) establish and operate its own mental health facilities and programs;

(2) transfer offenders to the division of mental health and addiction, subject to the approval of the director of the division of mental health and addiction; or

(3) contract with any city, county, state, or federal authority or with other public or private organizations for the provision of care and treatment.

As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1980, P.L.87, SEC.1; P.L.2-1992, SEC.104; P.L.135-1993, SEC.2; P.L.215-2001, SEC.19.
Ind. Code § 11-10-4-6 — Indiana Code / Title 11 / Article 10 / Chapter 4 / Section 11-10-4-6
Administration of drug for controlling mental or emotional disorder; requirements
Status: in_force

Sec. 6. The administration of a drug by the department for the purpose of controlling a mental or emotional disorder is subject to the following requirements:

(1) The particular drug must be prescribed by a physician who has examined the offender.

(2) The drug must be administered by either a physician or qualified medical personnel under the direct supervision of a physician.

(3) The offender must be periodically observed, during the duration of the drug's effect, by qualified medical personnel.

(4) A drug may be administered for a period longer than seventy-two (72) hours only if the administration is part of a psychotherapeutic program of treatment prescribed and detailed in writing by a physician.

(5) A drug may be administered for the purpose of controlling substance abuse, including a federal Food and Drug Administration approved long acting, nonaddictive medication for the treatment of opioid or alcohol dependence.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.187-2015, SEC.2; P.L.209-2015, SEC.2.
Ind. Code § 11-8-11-1 — Indiana Code / Title 11 / Article 8 / Chapter 11 / Section 11-8-11-1
"2025 agreement"
Status: in_force

Sec. 1. For purposes of this chapter, "2025 agreement" refers to the intergovernmental service 2025 agreement between ICE and the Miami correctional facility that commences on September 30, 2025, and terminates on September 29, 2027.

As added by P.L.106-2026, SEC.11.
Ind. Code § 11-10-8-6.5 — Indiana Code / Title 11 / Article 10 / Chapter 8 / Section 11-10-8-6.5
Work release—study release subsistence special revenue fund
Status: in_force

Sec. 6.5. (a) There is created the work release-study release subsistence special revenue fund to be used for:

(1) construction of new work release or study release facilities;

(2) maintenance of work release or study release facilities;

(3) general operating costs of the work release or study release programs, including offender services;

(4) providing programs or services established under IC 11-13-8; or

(5) the matching of federal funds for use in the work release or study release programs.

(b) Money collected under section 6(a)(5) of this chapter shall be deposited in the fund not later than the fifteenth day of the month following the month in which it was received.

(c) Earnings on the money deposited in the fund shall be deposited in the fund.

(d) The commissioner shall submit a proposed budget for expenditure of the money in the fund to the state budget agency for approval in accord with IC 4-12-1.

(e) If the fund is abolished, its contents revert to the state general fund.

(f) Money in the fund is continuously appropriated for the purposes provided under this article.

As added by Acts 1980, P.L.88, SEC.2. Amended by P.L.240-1991(ss2), SEC.55.
Ind. Code § 11-10-11.5-7 — Indiana Code / Title 11 / Article 10 / Chapter 11.5 / Section 11-10-11.5-7
Transportation of offender to sheriff or other person
Status: in_force

Sec. 7. Not later than seven (7) regular business days after a person is assigned to a community transition program under this chapter, the department shall:

(1) comply with the procedures in IC 11-10-12-1(a)(1) and IC 11-10-12-1(a)(2); and

(2) transport the person to:

(A) the sheriff of the county where the person's case originated;

(B) any other person ordered by the sentencing court; or

(C) a person or an entity designated by the supervising authority of the community transition program to which the person is assigned.

The department may, upon request of the person, issue the work clothing described in IC 11-10-12-1(b).

As added by P.L.273-1999, SEC.208. Amended by P.L.85-2004, SEC.35.
Ind. Code § 11-13-3-5 — Indiana Code / Title 11 / Article 13 / Chapter 3 / Section 11-13-3-5
Period of parole; discharge
Status: in_force

Sec. 5. (a) The period of parole for offenders sentenced for offenses under laws other than IC 35-50 is as follows:

(1) A person released on parole from an indeterminate term of imprisonment remains on parole until the expiration date of the term of imprisonment, except that the parole board may discharge the person from that term any time after the person's release on parole.

(2) A person released on parole from a determinate term of imprisonment remains on parole until the determinate term expires, except that the parole board may discharge the person from that term any time after the person's release on parole.

(3) A person released on parole from a term of life imprisonment remains on parole for life, except that the parole board may discharge the person at any time after the person's release on parole.

(b) When parole is terminated by discharge, the parole board shall enter an order discharging the person from parole and term of imprisonment. A copy of the order shall be given to the discharged person.

As added by Acts 1979, P.L.120, SEC.6. Amended by P.L.46-2008, SEC.2.
Ind. Code § 11-13-8-3 — Indiana Code / Title 11 / Article 13 / Chapter 8 / Section 11-13-8-3
Components of programs
Status: in_force

Sec. 3. (a) The programs established by section 1 of this chapter may include the following components:

(1) Substance abuse treatment and education.

(2) Living skills and family dynamics.

(3) Educational advancement.

(4) Community resources identification and job search training.

(b) The program components may, on an individual basis, include continued supervision or participation after the person is released on parole.

As added by P.L.240-1991(ss2), SEC.70.
Ind. Code § 11-12-11-3 — Indiana Code / Title 11 / Article 12 / Chapter 11 / Section 11-12-11-3
"Multiplier"
Status: in_force

Sec. 3. As used in this chapter, "multiplier" refers to the number that applies to a county under section 6 of this chapter.

As added by P.L.204-2016, SEC.29. Amended by P.L.201-2023, SEC.130.
Ind. Code § 11-11-1-3 — Indiana Code / Title 11 / Article 11 / Chapter 1 / Section 11-11-1-3
Utilization of committed persons in grievance procedure
Status: in_force

Sec. 3. The procedure established under section 2 of this chapter may provide for the utilization of committed persons in the grievance procedure.

As added by Acts 1979, P.L.120, SEC.4.
Ind. Code § 11-10-12-1 — Indiana Code / Title 11 / Article 10 / Chapter 12 / Section 11-10-12-1
Committed offenders; return of property, issuance of clothes
Status: in_force

Sec. 1. (a) When a committed offender is released on parole or discharged from the department, the department shall:

(1) within a reasonable period of time, return any property or money, including accumulated earnings, held for the offender; and

(2) provide him, if he is unable to provide them for himself, with at least one (1) set of clothing appropriate for the season of the year of such quality and styling that he will not be identified as an ex-offender.

(b) The department, upon request by the offender, may issue a complete set of serviceable work clothing, including work shoes, to an offender whose occupation will require such clothing.

As added by Acts 1979, P.L.120, SEC.3.
Ind. Code § 11-10-8-2 — Indiana Code / Title 11 / Article 10 / Chapter 8 / Section 11-10-8-2
Establishment of programs; violent crime offenders
Status: in_force

Sec. 2. (a) Except as provided in subsection (b), the department shall establish a minimum security release program in which eligible committed offenders may be temporarily released from custody to:

(1) work;

(2) conduct a business or other self-employed occupation, including housekeeping or attending to family needs;

(3) attend an academic or vocational training institution or program;

(4) obtain medical, psychiatric, or psychological treatment, including treatment for drug addiction or alcoholism; or

(5) accomplish other purposes consistent with programs of the department.

(b) An offender convicted of:

(1) a violent crime (as defined in IC 5-2-6.1-8); or

(2) a sex offense under IC 35-42-4 or IC 35-46-1-3;

is not eligible to participate in a minimum security assignment that constitutes an assignment of the offender to a program requiring weekly reporting to a designated official.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.136-1989, SEC.2; P.L.2-1992, SEC.110; P.L.47-1993, SEC.5; P.L.144-1995, SEC.1.
Ind. Code § 11-12-7-1 — Indiana Code / Title 11 / Article 12 / Chapter 7 / Section 11-12-7-1
Establishment of funds
Status: in_force

Sec. 1. A community corrections home detention fund is established in each county where supervision of home detention ordered under IC 35-38-1-21 is provided by a community corrections program.

As added by P.L.98-1988, SEC.1.
Ind. Code § 11-8-2-2 — Indiana Code / Title 11 / Article 8 / Chapter 2 / Section 11-8-2-2
Repealed
Status: repealed

As added by Acts 1979, P.L.120, SEC.1. Repealed by P.L.246-2005, SEC.226.
Ind. Code § 11-11-2-1 — Indiana Code / Title 11 / Article 11 / Chapter 2 / Section 11-11-2-1
Definitions
Status: in_force

Sec. 1. As used in this chapter:

"Contraband" means property the possession of which is in violation of an Indiana or federal statute.

"Prohibited property" means property other than contraband that the department does not permit a confined person to possess. The term includes money in a confined person's account that was derived from fraud under IC 35-43-5-4(b)(6).

As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.81-2008, SEC.2; P.L.174-2021, SEC.6.
Ind. Code § 11-12-4-1 — Indiana Code / Title 11 / Article 12 / Chapter 4 / Section 11-12-4-1-b
Adoption of minimum standards; requirements of standards; committee of sheriffs; views and suggestions of sheriffs and county commissioners
Status: in_force

Note: This version of section amended by P.L.152-2026, SEC.176, effective 7-1-2027. See also preceding version of this section amended by P.L.106-2026, SEC.12, effective 7-1-2026.

Sec. 1. (a) The department shall adopt under IC 4-22-2 minimum standards for county jails governing:

(1) general physical and environmental conditions;

(2) services and programs to be provided to confined persons;

(3) procedures for the care and control of confined persons that are necessary to ensure the health and safety of confined persons, the security of the jail, and public safety; and

(4) the restraint of pregnant inmates. Rules adopted under this subdivision must be consistent with IC 11-10-3.5.

However, the department may not adopt any standard that prohibits the placement of more than one (1) prisoner in a prisoner cell that has thirty-five (35) square feet or more of floor space per prisoner.

(b) The standards must be sufficiently flexible to foster the development of new and improved practices and to accommodate local needs and circumstances. The standards must be consistent with the laws of Indiana and the rules of the Indiana department of health and the department of homeland security.

(c) The commissioner shall select a committee of not less than five (5) county sheriffs to consult with the department before and during the drafting of the proposed minimum standards. County sheriffs shall be selected from the various classes of counties to ensure that densely, moderately, and sparsely populated counties are represented. Each county sheriff is entitled to the minimum salary per diem as provided in IC 4-10-11-2.1 for each day engaged in the official business of the committee and to reimbursement for traveling and other expenses, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.

(d) At least sixty (60) days before setting the date for a public hearing under IC 4-22-2, the department shall forward copies of the proposed minimum standards to each county sheriff and each board of county commissioners and shall solicit their views and suggestions.

As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.152-1983, SEC.1; P.L.8-1984, SEC.15; P.L.245-1987, SEC.9; P.L.2-1992, SEC.114; P.L.78-2022, SEC.7; P.L.56-2023, SEC.82; P.L.152-2026, SEC.176.
Ind. Code § 11-13-5-2 — Indiana Code / Title 11 / Article 13 / Chapter 5 / Section 11-13-5-2
Person before whom hearing may be had
Status: in_force

Sec. 2. A hearing pursuant to this chapter may be before the administrator of the interstate compact for the supervision of parolees and probationers, a deputy of the administrator, or any other person authorized pursuant to the laws of this state to hear cases of alleged parole or probation violation, except that no hearing officer shall be the person making the allegation of violation.

As added by Acts 1979, P.L.120, SEC.6.
Ind. Code § 11-10-2-6 — Indiana Code / Title 11 / Article 10 / Chapter 2 / Section 11-10-2-6
Court order for evaluation and determination of proposed assignment
Status: in_force

Sec. 6. A juvenile court may order a juvenile offender who is before the court for disposition and is subject to commitment to the department to be temporarily committed to the department, for not more than fourteen (14) days (excluding Saturdays, Sundays, and legal holidays) for evaluation and determination of proposed assignment under sections 4 and 5 of this chapter. The department shall forward to the court its written findings and recommendations.

As added by Acts 1979, P.L.120, SEC.3.
Ind. Code § 11-10-1-7 — Indiana Code / Title 11 / Article 10 / Chapter 1 / Section 11-10-1-7
Involuntary segregation of offender; review; disciplinary segregation
Status: in_force

Sec. 7. (a) An offender may be involuntarily segregated from the general population of a facility or program if the department first finds that segregation is necessary for the offender's own physical safety or the physical safety of others.

(b) The department shall review an offender so segregated at least once every thirty (30) days to determine whether the reason for segregation still exists.

(c) This section does not apply to disciplinary segregation under IC 11-11-5.

As added by Acts 1979, P.L.120, SEC.3.
Ind. Code § 11-8-8-1 — Indiana Code / Title 11 / Article 8 / Chapter 8 / Section 11-8-8-1
"Correctional facility"
Status: in_force

Sec. 1. As used in this chapter, "correctional facility" has the meaning set forth in IC 5-1.2-2.

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13. Amended by P.L.189-2018, SEC.105.
Ind. Code § 11-11-5-6 — Indiana Code / Title 11 / Article 11 / Chapter 5 / Section 11-11-5-6
Segregation; review of status
Status: in_force

Sec. 6. Disciplinary action may not be taken against a person before a determination of guilt. However, a person charged with misconduct may be confined or separated from the general population of the facility or program for a reasonable period of time if his continued presence in the general population poses a serious threat to himself, others, property, or the security of the facility or program. The department must review the status of that person at least once every five (5) days to determine if the reason for segregation still exists. Any time spent confined or separated from the general population before a determination of guilt must be credited toward any period of disciplinary segregation imposed.

As added by Acts 1979, P.L.120, SEC.4.
Ind. Code § 11-12-3.8-5 — Indiana Code / Title 11 / Article 12 / Chapter 3.8 / Section 11-12-3.8-5
Award of financial assistance
Status: in_force

Sec. 5. (a) The commissioner may award financial assistance to a community corrections program based on the proposed implementation of evidence based practices or the proposed coordination of services with other community supervision agencies operating in the same county.

(b) Before providing financial assistance under this section, the commissioner shall consult with the judicial conference of Indiana and the division of mental health and addiction:

(1) for the purpose of more effectively addressing the need for:

(A) substance abuse treatment;

(B) mental health services; and

(C) other services for offenders placed on community supervision; and

(2) to avoid duplication of services.

(c) Mental health and addiction forensic treatment services may be provided by grants under this section. Evidence based treatment and recovery wraparound support services may be provided to individuals who have entered the criminal justice system as a felon or with a prior felony conviction. Services provided under this section may include:

(1) mental health and substance abuse treatment;

(2) vocational services;

(3) housing assistance;

(4) community support services;

(5) care coordination; and

(6) transportation assistance.

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

As added by P.L.184-2014, SEC.2. Amended by P.L.158-2014, SEC.2; P.L.86-2018, SEC.151.
Ind. Code § 11-10-13-4 — Indiana Code / Title 11 / Article 10 / Chapter 13 / Section 11-10-13-4
Report to be updated biannually; exception
Status: in_force

Sec. 4. (a) The department shall update the report described in section 3 of this chapter twice each calendar year. However, if the average daily cost of incarcerating an offender deviates less than one percent (1%) from the previous cost determination, the department is not required to update the report.

(b) The department shall update the report described in section 3 of this chapter, if necessary, after receiving the semiannual incarceration cost analysis from each county sheriff under IC 36-2-13-5.

As added by P.L.85-2004, SEC.1.
Ind. Code § 11-12-5-2 — Indiana Code / Title 11 / Article 12 / Chapter 5 / Section 11-12-5-2
Temporary release from custody; purpose; eligibility
Status: in_force

Sec. 2. (a) The county sheriff may establish a program whereby persons who have been committed to the county jail upon conviction of a crime or adjudication of contempt may be temporarily released from custody to work, attend an academic or vocational training institution or program, or obtain medical, psychiatric, or psychological treatment, including treatment for drug addiction or alcoholism.

(b) A person is eligible for temporary release under this section unless:

(1) the sentencing or committing court disapproves the person's release; or

(2) the person has been convicted of a sex offense under IC 35-42-4 or IC 35-46-1-3.

(c) "Work" under this section includes assignment to a work party formed to perform any work the sheriff determines to be of benefit to the community.

(d) Persons on work parties formed under this section may be required to wear distinctive jail uniforms.

As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.144-1995, SEC.2; P.L.264-1999, SEC.2.
Ind. Code § 11-13-5-1 — Indiana Code / Title 11 / Article 13 / Chapter 5 / Section 11-13-5-1
Retaking or reincarceration for parole or probation violation; notification to compact administrator of sending state
Status: in_force

Sec. 1. Where supervision of a parolee or probationer is being administered under IC 11-13-4 or IC 11-13-4.5, the appropriate judicial or administrative authorities in this state shall notify the compact administrator of the sending state whenever, in their view, consideration should be given to retaking or reincarceration for a parole or probation violation. Prior to the giving of the notification, a hearing shall be held in accordance with this chapter within a reasonable time, unless the hearing is waived by the parolee or probationer. The appropriate officer or officers of this state shall as soon as practicable, following termination of the hearing, report to the sending state, furnish a copy of the hearing record, and make recommendations regarding the disposition to be made of the parolee or the probationer by the sending state. Pending any proceeding pursuant to this section, the appropriate officers of this state may take custody of and detain the parolee or probationer involved for a period not to exceed fifteen (15) days prior to the hearing and, if it appears to the hearing officer or officers that retaking or reincarceration is likely to follow, for such reasonable period after the hearing or waiver as may be necessary to arrange for the retaking or reincarceration.

As added by Acts 1979, P.L.120, SEC.6. Amended by P.L.2-2005, SEC.44.
Ind. Code § 11-8-8-13 — Indiana Code / Title 11 / Article 8 / Chapter 8 / Section 11-8-8-13
Verification of current residences
Status: in_force

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

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

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

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

(A) released from a penal facility (as defined in IC 35-31.5-2-232), a secure private facility (as defined in IC 31-9-2.1-223), or a juvenile detention facility;

(B) placed in a community transition program;

(C) placed in a community corrections program;

(D) placed on parole; or

(E) placed on probation;

whichever occurs first.

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

(A) released from a penal facility (as defined in IC 35-31.5-2-232), a secure private facility (as defined in IC 31-9-2.1-223), or a juvenile detention facility;

(B) placed in a community transition program;

(C) placed in a community corrections program;

(D) placed on parole; or

(E) placed on probation;

whichever occurs first.

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

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13. Amended by P.L.216-2007, SEC.21; P.L.114-2012, SEC.25; P.L.214-2013, SEC.9; P.L.145-2026, SEC.57.
Ind. Code § 11-8-2-12 — Indiana Code / Title 11 / Article 8 / Chapter 2 / Section 11-8-2-12
Education costs exemption for survivors of hazardous duty employee who dies in line of duty
Status: in_force

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

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

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

and dies in the line of duty is eligible for an educational costs exemption as provided under IC 21-14-4.

As added by P.L.8-2006, SEC.2. Amended by P.L.2-2007, SEC.150; P.L.112-2019, SEC.3.
Ind. Code § 11-12-5.5-2 — Indiana Code / Title 11 / Article 12 / Chapter 5.5 / Section 11-12-5.5-2
Interlocal agreement for the construction, maintenance, or operation of a regional jail; approval
Status: in_force

Sec. 2. (a) Subject to the requirements of this chapter, the executive of a county may enter into an agreement under IC 36-1-7 with one (1) or more entities described in IC 36-1-7-1 for the construction, maintenance, or operation of a regional jail.

(b) In the case of a county, the county executive may not enter into a regional jail agreement under this chapter unless the regional jail agreement is first approved by both the county fiscal body and the county sheriff.

(c) A regional jail may be designed, financed, constructed, operated, or maintained by any means permitted or authorized by law, including the following:

(1) IC 5-23.

(2) IC 5-30.

(3) IC 5-32.

(4) IC 36-1-12.

As added by P.L.184-2018, SEC.11. Amended by P.L.239-2019, SEC.8.
Ind. Code § 11-10-6-8 — Indiana Code / Title 11 / Article 10 / Chapter 6 / Section 11-10-6-8
Industry products revolving fund; excess cash assets; remaining cash assets
Status: in_force

Sec. 8. Any cash assets in excess of one million five hundred thousand dollars ($1,500,000) remaining in the industry products revolving fund at the close of any fiscal year shall be paid into a special fund to be used for capital expenditures for the department or support of the industry products revolving fund. The cash assets remaining in the revolving fund at the close of any fiscal year shall include and be limited to all items of cash less the total amount of all accounts payable including all of the unliquidated obligations which appear as a matter of record in the office of the state comptroller.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.149-1983, SEC.1; P.L.9-2024, SEC.322; P.L.193-2025, SEC.6.
Ind. Code § 11-10-6-2 — Indiana Code / Title 11 / Article 10 / Chapter 6 / Section 11-10-6-2
Industry programs; establishment and administration; recycling programs
Status: in_force

Sec. 2. (a) The department shall establish, maintain, and operate industry programs for offenders designed to equip the participant with a marketable skill which will provide to the participant a means of earning a livelihood upon the participant's return to the community. The department shall appoint an administrator who is the chief executive officer of the industry programs. The commissioner or the administrator in charge of the industry programs shall be responsible for planning, coordination, operation, and employment and supervision of personnel of the industry programs at the correctional institutions. The programs may include:

(1) the production, manufacture, raising, or processing of any product or item for use or sale by the department;

(2) entering into contractual agreements and other arrangements with other state agencies or political subdivisions for the employment of offenders, including employment involving the conservation and improvement of the natural resources of Indiana or its political subdivisions; and

(3) the employment, to the extent that is practical within the industry programs, of those offenders who have received specialized vocational training by the department.

(b) The department shall examine the feasibility of, and, if reasonably achievable, develop programs for:

(1) the production of products using recycled materials; or

(2) processing waste materials.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.10-1990, SEC.10; P.L.193-2025, SEC.2.
Ind. Code § 11-11-5-5 — Indiana Code / Title 11 / Article 11 / Chapter 5 / Section 11-11-5-5
Disciplinary actions; hearing; advice and representation; timeliness of charge; witnesses; evidence; use of statements in criminal proceedings
Status: in_force

Sec. 5. (a) Before imposing any disciplinary action, the department shall afford the person charged with misconduct a hearing to determine his guilt or innocence and, if guilty, the appropriate action. The charged person may waive his right to a hearing. Also, before a charge is made, that person and a departmental employee may agree to the types of disciplinary action enumerated in sections 3(2) and 3(3) of this chapter if no record of the conduct or disciplinary action is placed in the person's file. In connection with the hearing, the person is entitled to:

(1) have not less than twenty-four (24) hours advance written notice of the date, time, and place of the hearing, and of the alleged misconduct, and the rule the misconduct is alleged to have violated;

(2) have reasonable time to prepare for the hearing;

(3) have an impartial decisionmaker;

(4) appear and speak in his own behalf;

(5) call witnesses and present evidence unless the person conducting the hearing finds that to do so would subject a witness to a substantial risk of harm, or would result in the admission of irrelevant or repetitive testimony;

(6) confront and cross-examine witnesses, unless the person conducting the hearing finds:

(A) that to do so would subject a witness to a substantial risk of harm;

(B) that to do so would result in the admission of irrelevant or repetitive testimony; or

(C) based upon good cause stated on the record, that a witness is unavailable to attend the hearing;

(7) have advice and representation by a lay advocate of his choice, if that lay advocate is available in the institution at the time of the hearing, in those hearings based upon a charge of institutional misconduct when the department determines he lacks the competency to understand the issues involved or to participate in the hearing, or when the punishment may be that specified in:

(A) section 3(5) of this chapter if the restitution is more than two hundred dollars ($200);

(B) section 3(8) of this chapter if the segregation is for more than fifteen (15) days; or

(C) section 3(6), 3(9), or 3(10) of this chapter;

(8) have a written statement of the findings of fact, the evidence relied upon, and the reasons for the action taken;

(9) have immunity if his testimony is used in any criminal proceeding;

(10) have his record expunged of any reference to the charge if he is found not guilty or if a finding of guilt is later overturned; and

(11) be reimbursed for state wages lost due to action taken pending the hearing if he is found not guilty or if a finding of guilt is later overturned.

Any finding of guilt must be supported by a preponderance of the evidence presented at the hearing.

(b) The department may not charge a committed person with a disciplinary rule violation unless it does so within ten (10) days of the date it becomes aware of that person's alleged involvement in misconduct.

(c) Consistent with the objective of adequate and effective representation and the integrity of the hearing system the department may adopt regulations which may limit the pool of persons eligible to advise and represent accused persons to inmates in the general population. In any event, facility or program employees and inmates may not directly or indirectly charge for advice or representation.

(d) Any statement made by an accused person to departmental employees during the course of an investigation or hearing is not admissible against him in any criminal proceeding arising out of the same incident unless the accused:

(1) was informed:

(i) of his right to remain silent;

(ii) that anything he says can and will be used against him in court;

(iii) of his right to have an attorney present during any questioning;

(iv) his right to have an attorney appointed for him if he is unable to afford an attorney; and

(v) that if he decides to answer any questions, he may stop answering at any time during the interrogation; and

(2) voluntarily, knowingly, and intelligently waived his rights under subdivision (1) to remain silent or to have an attorney present, or both.

As added by Acts 1979, P.L.120, SEC.4. Amended by Acts 1980, P.L.87, SEC.7; P.L.99-1986, SEC.3; P.L.135-1993, SEC.4.
Ind. Code § 11-13-3-6 — Indiana Code / Title 11 / Article 13 / Chapter 3 / Section 11-13-3-6
Supervision and assistance of persons on parole; duties of department; cooperation of courts, probation officers, and public officials
Status: in_force

Sec. 6. (a) The department shall supervise and assist persons on parole. Its duties in this regard include:

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

(2) providing information to and otherwise assisting the parole board in making parole decisions;

(3) assisting persons in preparing parole release plans;

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

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

(6) providing financial counseling;

(7) providing vocational and educational counseling placement;

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

(9) assisting the parole board in transferring supervision of a parolee to another jurisdiction;

(10) notifying the parole board of any modification in the conditions of parole considered advisable;

(11) notifying the parole board when a violation of parole occurs; and

(12) cooperating with public and private agencies and with individual citizens concerned with the treatment or welfare of parolees, and assisting the parolee in obtaining services from those agencies and citizens.

(b) Courts, probation officers, and other public officials shall cooperate with the department in obtaining information relating to persons committed to the department.

(c) The department shall cause the name of any person released on parole to be entered into the Indiana data communications system (IDACS).

As added by Acts 1979, P.L.120, SEC.6. Amended by P.L.240-1991(ss2), SEC.69.
Ind. Code § 11-12-12-2 — Indiana Code / Title 11 / Article 12 / Chapter 12 / Section 11-12-12-2
Establishment of county community corrections trust funds
Status: in_force

Sec. 2. (a) A county that operates a community corrections program may establish a county community corrections trust fund.

(b) The county auditor shall administer a fund established under subsection (a). The county auditor shall deposit all proceeds of commissary sales made within the county's community corrections program into the fund.

(c) Money remaining in the fund at the end of a calendar year does not revert to the county general fund.

As added by P.L.110-2026, SEC.1.
Ind. Code § 11-12-2-6 — Indiana Code / Title 11 / Article 12 / Chapter 2 / Section 11-12-2-6
Eligibility for financial aid; requirement of compliance
Status: in_force

Sec. 6. To remain eligible for financial aid under this chapter, a county must comply with its community corrections plan and the rules and minimum standards adopted by the department under section 5 of this chapter. If the commissioner determines that there are reasonable grounds to believe that a county is not complying with its plan, the rules, or the minimum standards, he shall, after giving at least thirty (30) days written notice to the board of county commissioners or city-county council, the community corrections advisory board, and the chief administrator of the program, conduct a hearing under IC 4-21.5-3 to ascertain whether compliance has been achieved. Upon a finding of noncompliance, the commissioner may suspend any part of the financial aid until compliance is achieved.

As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.7-1987, SEC.23.
Ind. Code § 11-8-1-4 — Indiana Code / Title 11 / Article 8 / Chapter 1 / Section 11-8-1-4
"Commissioner"
Status: in_force

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

As added by Acts 1979, P.L.120, SEC.1.
Ind. Code § 11-8-4-3 — Indiana Code / Title 11 / Article 8 / Chapter 4 / Section 11-8-4-3
Contracts with other states; contents
Status: in_force

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

(1) Its duration.

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

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

(4) Delivery and retaking of inmates.

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

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

As added by Acts 1979, P.L.120, SEC.1.
Ind. Code § 11-8-1-1.5 — Indiana Code / Title 11 / Article 8 / Chapter 1 / Section 11-8-1-1.5
"Accrued time"
Status: in_force

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

As added by P.L.74-2015, SEC.2.
Ind. Code § 11-10-13-6 — Indiana Code / Title 11 / Article 10 / Chapter 13 / Section 11-10-13-6
Annual actuarial study of projected costs of incarceration; study to be provided to legislative council
Status: in_force

Sec. 6. (a) The department shall annually conduct or contract with a third party to annually conduct an actuarially based study of projected costs of incarceration.

(b) The study must:

(1) consider:

(A) the present and anticipated future costs of incarcerating the current inmate population;

(B) the effect of educational credit and good time credit;

(C) the effect of inmate mortality rates;

(D) the projected increase in costs of incarceration; and

(E) any other factor determined to be relevant by the department or the third party contractor; and

(2) provide an analysis of the projected costs of incarceration for each subsequent calendar year after the year the study is conducted until each inmate in the current inmate population is no longer serving the executed sentence for which the inmate is incarcerated in the department.

(c) The department shall include the results of the study in the annual report made under IC 11-8-2-5(a)(16).

As added by P.L.85-2004, SEC.1. Amended by P.L.74-2015, SEC.11; P.L.130-2018, SEC.38.
Ind. Code § 11-10-1-4 — Indiana Code / Title 11 / Article 10 / Chapter 1 / Section 11-10-1-4
Court order for evaluation, classification, and determination of proposed assignment
Status: in_force

Sec. 4. Unless notified by the department that adequate space is unavailable, a court may order an offender who is to be sentenced by it and is subject to commitment to the department to be temporarily committed to the department, for not more than thirty (30) days, for evaluation, classification, and determination of proposed assignment under sections 2 and 3 of this chapter. The department shall forward to the court its written findings and recommendations.

As added by Acts 1979, P.L.120, SEC.3.
Ind. Code § 11-13-2-4 — Indiana Code / Title 11 / Article 13 / Chapter 2 / Section 11-13-2-4
Accounting of amounts expended in providing services; payment
Status: in_force

Sec. 4. At the end of each quarter of the fiscal year, courts receiving financial aid under this chapter shall submit to the judicial conference of Indiana a verified accounting of all amounts expended in providing probation services. The accounting must designate those items for which reimbursement is claimed, and shall be presented together with a claim for reimbursement. If the accounting and claim are approved by the conference and the state budget agency, the conference shall submit it to the state comptroller for payment.

As added by Acts 1979, P.L.120, SEC.6. Amended by Acts 1980, P.L.89, SEC.10; P.L.9-2024, SEC.326.
Ind. Code § 11-8-1-5.5 — Indiana Code / Title 11 / Article 8 / Chapter 1 / Section 11-8-1-5.5
"Community transition program"
Status: in_force

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

(1) a community corrections program; or

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

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

As added by P.L.273-1999, SEC.205.
Ind. Code § 11-12-9-2 — Indiana Code / Title 11 / Article 12 / Chapter 9 / Section 11-12-9-2
Hearings prior to notice of reincarceration
Status: in_force

Sec. 2. Before giving notification under section 1 of this chapter, a hearing shall be held in accordance with this chapter within a reasonable time unless the hearing is waived by the person who has allegedly violated a term of the person's community corrections sentence.

As added by P.L.73-1994, SEC.2.
Ind. Code § 11-10-14-3 — Indiana Code / Title 11 / Article 10 / Chapter 14 / Section 11-10-14-3
Application; eligibility
Status: in_force

Sec. 3. (a) An offender who wishes to reside in a transitional dormitory must submit a written application to the director of the transitional dormitory. An application must be on a form prescribed by the department.

(b) The director shall review each application and, not more than thirty (30) days after receipt of the application, issue a written decision to the offender.

(c) The director may determine eligibility based on the following criteria:

(1) A preference shall be given to an offender who has less than twenty-four (24) months until the offender's expected release date.

(2) Previous disciplinary action taken against an offender under IC 11-11-5-3.

(3) Security risks presented by admitting an offender to a transitional dormitory.

(4) An offender's demonstrated interest in the programs offered by a transitional dormitory.

(5) An offender's previous attempts to reside in a transitional dormitory at any penal facility.

(6) Other criteria developed by the department.

(d) An offender being treated under IC 11-10-4 is ineligible for placement in a transitional dormitory unless a psychiatrist treating the offender certifies to the director at or near the time the offender submits an application under subsection (a) that the offender can meaningfully participate in the programs offered by a transitional dormitory.

As added by P.L.213-2005, SEC.1.
Ind. Code § 11-9-2-3 — Indiana Code / Title 11 / Article 9 / Chapter 2 / Section 11-9-2-3
Constitutional power of governor
Status: in_force

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

As added by Acts 1979, P.L.120, SEC.2.
Ind. Code § 11-10-3.5-2 — Indiana Code / Title 11 / Article 10 / Chapter 3.5 / Section 11-10-3.5-2
Prenatal and postnatal care; treatment
Status: in_force

Sec. 2. Necessary prenatal and postnatal care and treatment shall be provided consistent with acceptable medical practice and standards. When possible, arrangements shall be made for children to be born in a hospital outside the correctional facility. If a child is born in a correctional facility, this fact may not be mentioned on the birth certificate.

As added by P.L.78-2022, SEC.5.
Ind. Code § 11-13-3-8 — Indiana Code / Title 11 / Article 13 / Chapter 3 / Section 11-13-3-8
Violation of parole; procedures
Status: in_force

Sec. 8. (a) If an employee of the department assigned to supervise and assist parolees believes that a parolee has violated a condition to remaining on parole, he may submit a written report of the violation to the parole board. After considering the report and making any further investigation it considers appropriate, the parole board may:

(1) dismiss all further proceedings on the alleged violation;

(2) instruct the employee to handle the matter informally;

(3) request the parolee to meet informally with the parole board to review his parole obligations; or

(4) intensify parole supervision and reporting.

(b) Upon a showing of probable cause to believe the parolee violated a condition to remaining on parole, the chairman (or a member of the parole board designated by the chairman to act in the absence of the chairman) may issue an order for the parolee to appear for a revocation hearing on the alleged violation.

(c) Upon a showing of probable cause to believe the parolee violated a condition to remaining on parole, the chairman (or a member of the parole board designated by the chairman to act in the absence of the chairman) may issue a warrant for the arrest and confinement of the parolee pending a preliminary hearing. An employee of the department or any person authorized to execute warrants may execute the warrant.

(d) Upon a showing of probable cause to believe that an alleged parole violator has fled the state, the chairman (or a member of the parole board who is designated by the chairman to act in the absence of the chairman) may:

(1) issue a warrant for the arrest and confinement of the parolee; and

(2) order that the parolee be returned to the state;

to ensure the appearance of the parolee at a parole revocation hearing.

(e) If the parole board issues an order, under subsection (b), for the parolee to appear for a revocation hearing, the parolee shall be given written notice of:

(1) the date, time, and place of the hearing;

(2) the condition alleged to have been violated;

(3) the procedures and rights applicable to that hearing; and

(4) the possible sanctions if a violation is found.

(f) If the parole board issues a warrant, under subsection (c), for the arrest and confinement of the parolee pending a preliminary hearing, the parolee shall be given written notice of:

(1) the date, time, and place of the hearing;

(2) the condition alleged to have been violated;

(3) the procedures and rights applicable to the hearing;

(4) his right to a revocation hearing and the procedures and rights applicable to that hearing if probable cause is found to exist; and

(5) the possible sanctions if a violation is found at a revocation hearing.

(g) The issuance of an order to appear or arrest warrant under this section tolls the period of parole until the parole board's final determination of the charge. However, the tolled period shall be restored if there is a finding of no violation, if a finding of a violation is later overturned, or if the parole violation charge is dismissed.

As added by Acts 1979, P.L.120, SEC.6. Amended by P.L.151-1987, SEC.2.
Ind. Code § 11-13-3-0.1 — Indiana Code / Title 11 / Article 13 / Chapter 3 / Section 11-13-3-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The amendments made to section 3 of this chapter by P.L.172-2001 apply to all parole determinations made after June 30, 2001, including a determination after June 30, 2001, to reconsider the release of an offender on parole whose parole was revoked before July 1, 2001.

As added by P.L.220-2011, SEC.249.
Ind. Code § 11-10-14-1 — Indiana Code / Title 11 / Article 10 / Chapter 14 / Section 11-10-14-1
Transitional dormitory
Status: in_force

Sec. 1. Before January 1, 2007, the department may provide a transitional dormitory at any security facility approved by the commissioner.

As added by P.L.213-2005, SEC.1.
Ind. Code § 11-11-1.5-1 — Indiana Code / Title 11 / Article 11 / Chapter 1.5 / Section 11-11-1.5-1
"Bureau" defined
Status: in_force

Sec. 1. As used in this chapter, "bureau" refers to the department of correction ombudsman bureau established within the department of administration by IC 4-13-1.2-3. The term includes individuals approved to act in the capacity of ombudsmen by the department of correction ombudsman bureau.

As added by P.L.292-2001, SEC.5.
Ind. Code § 11-11-1.5-2 — Indiana Code / Title 11 / Article 11 / Chapter 1.5 / Section 11-11-1.5-2
"Ombudsman" defined
Status: in_force

Sec. 2. As used in this chapter, "ombudsman" means an employee of the bureau or an individual approved by the bureau to investigate and resolve complaints regarding the health and safety of any person, and violations by the department of specific laws, rules, or written policies.

As added by P.L.292-2001, SEC.5.
Ind. Code § 11-10-11-3 — Indiana Code / Title 11 / Article 10 / Chapter 11 / Section 11-10-11-3
Development and maintenance of programs involving community organizations and others
Status: in_force

Sec. 3. The department shall encourage and assist in the development and maintenance of programs designed to involve community organizations and other persons in correctional programs.

As added by Acts 1979, P.L.120, SEC.3.
Ind. Code § 11-13-3-11 — Indiana Code / Title 11 / Article 13 / Chapter 3 / Section 11-13-3-11
Lifetime parole conditions
Status: in_force

Sec. 11. (a) As used in this section, "Internet crime against a child" means a conviction for a violation of:

(1) IC 35-42-4-4 (child exploitation);

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

(3) IC 35-42-4-6 (child solicitation).

(b) When a person is placed on lifetime parole, the department shall provide the parolee with a written statement of the conditions of lifetime parole. The parolee shall sign the statement, retain a copy, and provide a copy to the department. The department shall place the signed statement in the parolee's master file.

(c) As a condition of lifetime parole, the parole board shall:

(1) require a parolee who is a sexually violent predator (as defined in IC 35-38-1-7.5) to:

(A) inform the parolee's parole agent of any changes to the parolee's residence, employment, or contact information not later than seventy-two (72) hours after the change;

(B) report to the parole agent as instructed;

(C) avoid contact with any person who is less than sixteen (16) years of age, unless the parolee receives written authorization from the parole board; and

(D) avoid contact with the victim of any sex crime committed by that parolee, unless the parolee receives written authorization from the parole board;

(2) prohibit a parolee who is a sexually violent predator convicted of an Internet crime against a child from:

(A) accessing or using certain websites, chat rooms, or instant messaging programs frequented by children; and

(B) deleting, erasing, or tampering with data on the parolee's personal computer;

(3) prohibit a parolee who is a sexually violent predator from owning, operating, managing, being employed by, or volunteering at an attraction designed to be primarily enjoyed by a child less than sixteen (16) years of age; and

(4) require a parolee to allow the parolee's supervising parole agent or another person authorized by the parole board to visit the parolee's residence, real property, or place of employment.

(d) As a condition of lifetime parole, the parole board may require a sexually violent predator to participate in a sex offender treatment program approved by the parole board.

(e) As a condition of lifetime parole, the parole board may require a parolee who is:

(1) a sexually violent predator; or

(2) required to register as a sex or violent offender under IC 11-8-8-5 due to a conviction for murder (IC 35-42-1-1) or voluntary manslaughter (IC 35-42-1-3);

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 or appropriate violent offender risk assessment, and subject to the amount appropriated to the department for a monitoring program as a condition of lifetime parole.

(f) When an offender is placed on lifetime parole, the parole board shall inform the sheriff and the prosecuting attorney of the offender's current county of residence:

(1) that the offender has been placed on lifetime parole; and

(2) whether the offender is required to wear a monitoring device as described in subsection (e).

(g) The parole board may adopt rules under IC 4-22-2 to impose additional conditions of lifetime parole and to implement this section.

As added by P.L.45-2022, SEC.2. Amended by P.L.1-2025, SEC.164; P.L.218-2025, SEC.5; P.L.92-2026, SEC.12.
Ind. Code § 11-8-4.5-1 — Indiana Code / Title 11 / Article 8 / Chapter 4.5 / Section 11-8-4.5-1
Application of chapter
Status: in_force

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

As added by P.L.71-1994, SEC.1.
Ind. Code § 11-13-6-7 — Indiana Code / Title 11 / Article 13 / Chapter 6 / Section 11-13-6-7
Parole revocation proceedings; initiating actions; order to appear; warrant for arrest and confinement
Status: in_force

Sec. 7. (a) If the department believes that a parolee has violated a condition of his parole, it may initiate parole revocation proceedings by:

(1) issuing an order for the parolee to appear for a revocation hearing on the alleged violation; or

(2) issuing a warrant for the arrest and confinement of the parolee pending a preliminary hearing if there is a risk of his fleeing or being removed from the jurisdiction.

(b) When the department issues an order under subsection (a)(1) for the parolee to appear for a revocation hearing, the parolee and his parent, guardian, or custodian shall be given written notice of:

(1) the date, time, and place of the hearing;

(2) the parole condition alleged to have been violated;

(3) the procedures and rights applicable to such hearing; and

(4) the possible sanctions if a violation is found.

(c) When the department issues a warrant under subsection (a)(2) of this section for the arrest and confinement of the parolee pending a preliminary hearing, the parolee and his parent, guardian, or custodian shall be given written notice of:

(1) the date, time, and place of the hearing;

(2) the parole condition alleged to have been violated;

(3) the procedures and rights applicable to that hearing;

(4) if probable cause is found to exist, his right to a revocation hearing and the procedures and rights applicable to that hearing; and

(5) the possible sanctions if a violation is found.

As added by Acts 1979, P.L.120, SEC.6.
Ind. Code § 11-13-3-9 — Indiana Code / Title 11 / Article 13 / Chapter 3 / Section 11-13-3-9
Preliminary hearing
Status: in_force

Sec. 9. (a) Upon the arrest and confinement of a parolee for an alleged violation of a condition to remaining on parole, an employee of the department (other than the employee 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. The hearing shall be held without unneccessary delay. In connection with the hearing, the parolee is entitled to:

(1) appear and speak in his own behalf;

(2) call witnesses and present 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) a written statement of the findings of fact and the evidence relied upon.

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

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

(d) If the alleged violation of parole is the parolee's conviction of a crime while on parole, the preliminary hearing required by this section need not be held.

(e) 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 arrest.

(f) A parolee may waive his right to a preliminary hearing.

As added by Acts 1979, P.L.120, SEC.6.
Ind. Code § 11-12-6.5-3 — Indiana Code / Title 11 / Article 12 / Chapter 6.5 / Section 11-12-6.5-3
Transport of a confined jail offender
Status: reserved

Sec. 3. When a confined jail offender is transferred under this chapter, the sheriff of the county from which the confined jail offender is transferred shall be responsible for transporting the confined jail offender to and from the regional holding facility. If the sheriff is unable to adequately protect the confined jail offender during a transfer, the sheriff may request assistance from any other law enforcement agency.

As added by P.L.239-2019, SEC.11.
Ind. Code § 11-10-11.5-1 — Indiana Code / Title 11 / Article 10 / Chapter 11.5 / Section 11-10-11.5-1
Applicability of chapter
Status: in_force

Sec. 1. (a) This chapter applies to a person:

(1) who is committed to the department under IC 35-50 for one (1) or more felonies; and

(2) against whom a court imposed a sentence of at least two (2) years.

(b) This chapter applies only to a person whose community transition program commencement date occurs after August 31, 1999.

As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000, SEC.3; P.L.85-2004, SEC.31; P.L.220-2011, SEC.247.
Ind. Code § 11-9-1-2 — Indiana Code / Title 11 / Article 9 / Chapter 1 / Section 11-9-1-2
Powers and duties
Status: in_force

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

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

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

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

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

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

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

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

(8) explain its functions to the public; and

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

(b) The parole board may:

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

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

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

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

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

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

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

As added by Acts 1979, P.L.120, SEC.2. Amended by P.L.179-2014, SEC.2.
Ind. Code § 11-8-5-2 — Indiana Code / Title 11 / Article 8 / Chapter 5 / Section 11-8-5-2
Classification; denial of access; disclosure to certain parties
Status: in_force

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

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

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

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

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

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

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

(1) upon the order of a court;

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

(3) to other agencies in accord with IC 4-1-6-2(13) and IC 4-1-6-8.5;

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

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

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

(7) to a person who is or may be the victim of fraud under IC 35-43-5-4(b)(6) if the commissioner determines that the interest in disclosure overrides the interest to be served by nondisclosure; or

(8) if the commissioner determines there exists a compelling public interest for disclosure which overrides the interest to be served by nondisclosure.

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

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

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

(2) A provider of mental health services.

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

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

As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.292-2001, SEC.4; P.L.140-2006, SEC.12 and P.L.173-2006, SEC.12; P.L.81-2008, SEC.1; P.L.136-2018, SEC.107; P.L.10-2019, SEC.51; P.L.174-2021, SEC.5.
Ind. Code § 11-8-1-8 — Indiana Code / Title 11 / Article 8 / Chapter 1 / Section 11-8-1-8
"Discharge"
Status: in_force

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

As added by Acts 1979, P.L.120, SEC.1.
Ind. Code § 11-12-6.5-10 — Indiana Code / Title 11 / Article 12 / Chapter 6.5 / Section 11-12-6.5-10
Provisions supplement existing law
Status: in_force

Sec. 10. This chapter supplements and does not limit the authority of any entity to enter into an agreement under IC 11-12-5.5 concerning regional jails or IC 36-1-7 concerning regional or multicounty jails.

As added by P.L.239-2019, SEC.11.
Ind. Code § 11-10-11.5-10 — Indiana Code / Title 11 / Article 10 / Chapter 11.5 / Section 11-10-11.5-10
Good time credit
Status: in_force

Sec. 10. A person assigned to a community transition program continues to earn good time credit during the person's assignment to a community transition program.

As added by P.L.273-1999, SEC.208. Amended by P.L.74-2015, SEC.7.
Ind. Code § 11-8-8-14 — Indiana Code / Title 11 / Article 8 / Chapter 8 / Section 11-8-8-14
Annual reporting; quarterly reporting for sexually violent predators; registration and photographs
Status: in_force

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

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

(2) register; and

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

in each location where the offender is required to register.

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

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

(2) register; and

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

every ninety (90) days.

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

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13. Amended by P.L.216-2007, SEC.22; P.L.214-2013, SEC.10.
Ind. Code § 11-13-1-5 — Indiana Code / Title 11 / Article 13 / Chapter 1 / Section 11-13-1-5
Probation officers; permissive powers
Status: in_force

Sec. 5. A probation officer may:

(1) visit and confer with any person under investigation or under his supervision;

(2) exercise those powers necessary to carry out his duties; and

(3) act as a parole officer for the department when requested by the department and when the request is approved by the court.

As added by Acts 1979, P.L.120, SEC.6.
Ind. Code § 11-10-12-5.7 — Indiana Code / Title 11 / Article 10 / Chapter 12 / Section 11-10-12-5.7
Assistance in securing treatment for mental illness or addictive disorder upon release or discharge; timing of assistance; Medicaid; use of outside entity
Status: in_force

Sec. 5.7. (a) The department shall assist a committed offender who has a mental illness or addictive disorder in securing treatment through an approved Medicaid program, as the authorized representative as described in IC 11-10-3-7 or as a health navigator under the requirements of IC 27-19-2-12, so that the committed offender might be eligible for treatment when the offender is:

(1) released on parole;

(2) assigned to a community transition program;

(3) discharged from the department; or

(4) required to receive inpatient psychiatric services while incarcerated to the extent authorized under federal law.

(b) The department shall provide the assistance described in subsection (a) in sufficient time to ensure that the committed offender will be able to receive treatment at the time the committed offender is:

(1) released on parole;

(2) assigned to a community transition program; or

(3) discharged from the department.

(c) Subject to federal law, an inmate placed in a work release program or other department program involving alternative sentencing programs is eligible for Medicaid covered services.

(d) The department may use a community mental health center (as defined in IC 12-7-2.1-78), hospital, mental health professional, or other provider certified or licensed by the division of mental health and addiction to provide treatment for a mental illness or addictive disorder through the Medicaid program.

(e) The department may permit an offender committed to the department to remain within a treatment facility operated by the department for not more than fourteen (14) days past the offender's mandatory release date, if:

(1) the offender has a serious physical or mental disorder or disability;

(2) the offender is being held in the treatment facility operated by the department until the offender may be placed in a similar treatment setting outside the department;

(3) the department made a good faith effort to timely place the offender in a treatment setting outside the department on or before the offender's mandatory release date; and

(4) the offender:

(A) consents to being held in a treatment facility operated by the department beyond the offender's mandatory release date; or

(B) has been ordered by a court to be committed to a treatment setting outside the department.

As added by P.L.185-2015, SEC.4. Amended by P.L.6-2021, SEC.1; P.L.145-2026, SEC.59.
Ind. Code § 11-10-2-8 — Indiana Code / Title 11 / Article 10 / Chapter 2 / Section 11-10-2-8
Semiannual review of current assignment of committed offender; decision
Status: in_force

Sec. 8. The department shall, at least semiannually, review in accord with sections 4 and 5 of this chapter every committed offender who is not on parole to determine the appropriateness of his current assignment and to make an assignment decision based upon that review. Before making an assignment decision, the department shall interview the offender, discuss with him the information on which the decision will be based, and allow him to challenge that information and present pertinent information of his own. The department shall promptly notify the offender, in writing, of its assignment decision and the reasons for it.

As added by Acts 1979, P.L.120, SEC.3.
Ind. Code § 11-8-2-12.4 — Indiana Code / Title 11 / Article 8 / Chapter 2 / Section 11-8-2-12.4
Duties concerning the Indiana sex and violent offender registry
Status: in_force

Sec. 12.4. The department shall do the following:

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

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

(3) Provide:

(A) judges;

(B) law enforcement officials;

(C) prosecuting attorneys;

(D) parole officers;

(E) probation officers; and

(F) community corrections officials;

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

(4) Upon request of a neighborhood association:

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

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

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

(A) is incarcerated;

(B) has relocated out of state; and

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

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

As added by P.L.140-2006, SEC.10 and P.L.173-2006, SEC.10. Amended by P.L.216-2007, SEC.8; P.L.179-2014, SEC.1.
Ind. Code § 11-10-6-5 — Indiana Code / Title 11 / Article 10 / Chapter 6 / Section 11-10-6-5
Sale of goods in open market
Status: in_force

Sec. 5. Goods produced in whole or in part by committed persons in this state may be sold on the open market.

As added by Acts 1979, P.L.120, SEC.3.
Ind. Code § 11-10-3-4 — Indiana Code / Title 11 / Article 10 / Chapter 3 / Section 11-10-3-4
Directives; inspections of health facilities and hospitals; definition; unused medications and supplies
Status: in_force

Sec. 4. (a) The department shall establish directives governing:

(1) medical care to be provided to committed individuals, including treatment for intellectual disabilities, alcoholism, and drug addiction;

(2) administration of medical facilities and health centers operated by the department;

(3) medical equipment, supplies, and devices to be available for medical care;

(4) provision of special diets to committed individuals;

(5) acquisition, storage, handling, distribution, and dispensing of all medication and drugs;

(6) the return of unused medications that meet the requirements of IC 25-26-13-25(k)(1) through IC 25-26-13-25(k)(6) to the pharmacy that dispensed the medication;

(7) training programs and first aid emergency care for committed individuals and department personnel;

(8) medical records of committed individuals; and

(9) professional staffing requirements for medical care.

(b) The Indiana department of health shall make an annual inspection of every health facility, health center, or hospital:

(1) operated by the department; and

(2) not accredited by a nationally recognized accrediting organization;

and report to the commissioner whether that facility, center, or hospital meets the requirements established by the Indiana department of health. Any noncompliance with those requirements must be stated in writing to the commissioner, with a copy to the governor.

(c) For purposes of IC 4-22-2, the term "directive" as used in this section relates solely to internal policy and procedure not having the force of law.

(d) For purposes of subsection (a)(6), the department:

(1) shall return medication that belonged to a Medicaid recipient; and

(2) may return other unused medication;

to the pharmacy that dispensed the medication if the unused medication meets the requirements of IC 25-26-13-25(k)(1) through IC 25-26-13-25(k)(6).

(e) The department may establish directives concerning the return of unused medical devices or medical supplies that are used for prescription drug therapy and that meet the requirements of IC 25-26-13-25(l).

(f) A pharmacist or pharmacy that enters into an agreement with the department to accept the return of:

(1) unused medications that meet the requirements of IC 25-26-13-25(k)(1) through IC 25-26-13-25(k)(6); or

(2) unused medical devices or medical supplies that are used for prescription drug therapy and that meet the requirements of IC 25-26-13-25(l);

may negotiate with the department a fee for processing the returns.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.2-1992, SEC.102; P.L.174-2011, SEC.1; P.L.156-2011, SEC.4; P.L.159-2012, SEC.1; P.L.117-2015, SEC.6; P.L.56-2023, SEC.80.
Ind. Code § 11-8-1-5 — Indiana Code / Title 11 / Article 8 / Chapter 1 / Section 11-8-1-5
"Committed"
Status: in_force

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

As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.90-2000, SEC.1.
Ind. Code § 11-13-9-1 — Indiana Code / Title 11 / Article 13 / Chapter 9 / Section 11-13-9-1
Excluded inmates
Status: in_force

Sec. 1. This chapter does not apply to the following:

(1) An inmate who receives a sentence of death or life without parole under IC 35-50-2.

(2) An inmate who has committed an offense described in IC 11-8-8-4.5.

(3) A person convicted of a crime of violence (as defined in IC 35-31.5-2-79).

As added by P.L.119-2008, SEC.11. Amended by P.L.85-2026, SEC.4.
Ind. Code § 11-8-8-0.2 — Indiana Code / Title 11 / Article 8 / Chapter 8 / Section 11-8-8-0.2
Application of certain amendments to prior law
Status: in_force

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

As added by P.L.220-2011, SEC.245. Amended by P.L.63-2012, SEC.16.
Ind. Code § 11-10-6-12 — Indiana Code / Title 11 / Article 10 / Chapter 6 / Section 11-10-6-12
Wage payments and wage claims
Status: in_force

Sec. 12. An offender employed in accordance with this chapter is subject to IC 22-2-5-3 and IC 22-2-9-8.

As added by P.L.223-2013, SEC.3.
Ind. Code § 11-8-4-6 — Indiana Code / Title 11 / Article 8 / Chapter 4 / Section 11-8-4-6
Inmates subject to jurisdiction of sending state
Status: in_force

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

As added by Acts 1979, P.L.120, SEC.1.
Ind. Code § 11-12-12-6 — Indiana Code / Title 11 / Article 12 / Chapter 12 / Section 11-12-12-6
Audits
Status: in_force

Sec. 6. The fund is subject to audit by the state board of accounts. The county auditor shall administer the fund in accordance with all applicable public record and government accounting standards.

As added by P.L.110-2026, SEC.1.
Ind. Code § 11-12-3.7-3 — Indiana Code / Title 11 / Article 12 / Chapter 3.7 / Section 11-12-3.7-3
"Drug dealing offense"
Status: in_force

Sec. 3. As used in this chapter, "drug dealing offense" means one (1) or more of the following offenses:

(1) Dealing in cocaine or a narcotic drug (IC 35-48-4-1), unless the person received only minimal consideration as a result of the drug transaction.

(2) Dealing in methamphetamine (IC 35-48-4-1.1), unless the person received only minimal consideration as a result of the drug transaction.

(3) Dealing in a schedule I, II, III, IV, or V controlled substance (IC 35-48-4-2 through IC 35-48-4-4), unless the person received only minimal consideration as a result of the drug transaction.

(4) Dealing in marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid (IC 35-48-4-10), unless the person received only minimal consideration as a result of the drug transaction.

As added by P.L.85-2004, SEC.3. Amended by P.L.151-2006, SEC.5; P.L.138-2011, SEC.1; P.L.182-2011, SEC.1.
Ind. Code § 11-12-11-8 — Indiana Code / Title 11 / Article 12 / Chapter 11 / Section 11-12-11-8
Repealed
Status: repealed

As added by P.L.204-2016, SEC.29. Repealed by P.L.201-2023, SEC.133.
Ind. Code § 11-13-4.5-4 — Indiana Code / Title 11 / Article 13 / Chapter 4.5 / Section 11-13-4.5-4
Application fee; expenditure; registration of out-of-state offenders
Status: reserved

Sec. 4. (a) Except as provided in subsection (b), an Indiana offender or delinquent child on probation or parole who applies to be transferred out of state under the interstate compact for adult supervision or the interstate compact for juveniles shall pay an application fee of one hundred twenty-five dollars ($125). The application fee shall be used to cover the costs of administering the interstate compact for adult offender supervision and the interstate compact for juveniles.

(b) An offender or delinquent child who has been found indigent by a trial court at the time the offender applies to be transferred out of state under the interstate compact for adult supervision or the interstate compact for juveniles may, at the court's discretion, be required to pay a lesser amount of the cost of the application fee under subsection (a).

(c) An Indiana offender or delinquent child who is on probation shall pay the application fee to the county probation department.

(d) An Indiana offender or delinquent child who is on parole shall pay the application fee to the department of correction.

(e) The application fee paid by an Indiana offender or delinquent child who is on probation shall be transferred to the county treasurer. The county treasurer shall deposit fifty percent (50%) of the money collected under this subsection into the county offender transportation fund and shall transmit the remaining fifty percent (50%) of the money collected under this subsection to the Indiana supreme court for deposit in the general fund, to be used to cover the cost of administering the interstate compact for adult offender supervision and the interstate compact for juveniles.

(f) The chief administrative officer or designee of the office of judicial administration shall submit a proposed budget for expenditure of the money deposited in the general fund under this section to the budget agency in accordance with IC 4-12-1.

(g) The application fee paid by an Indiana offender or delinquent child who is on parole shall be deposited into the general fund to be used to cover the cost of administering the interstate compact for adult offender supervision and the interstate compact for juveniles.

(h) The commissioner of the department of correction shall submit a proposed budget for expenditure of the money deposited in the general fund under this section to the budget agency in accordance with IC 4-12-1.

(i) The office of judicial administration and the department of correction shall develop a process to ensure that a sex or violent offender who transfers to or out of Indiana under the compact will be registered appropriately.

As added by P.L.110-2003, SEC.2. Amended by P.L.216-2007, SEC.32; P.L.137-2011, SEC.4; P.L.161-2018, SEC.27.
Ind. Code § 11-12-3.7-6 — Indiana Code / Title 11 / Article 12 / Chapter 3.7 / Section 11-12-3.7-6
"Violent offense"
Status: in_force

Sec. 6. As used in this chapter, "violent offense" means one (1) or more of the following offenses:

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

(2) Attempted murder (IC 35-41-5-1).

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

(4) Involuntary manslaughter (IC 35-42-1-4).

(5) Reckless homicide (IC 35-42-1-5).

(6) Aggravated battery (IC 35-42-2-1.5).

(7) Battery (IC 35-42-2-1) as a:

(A) Class A felony, Class B felony, or Class C felony (for a crime committed before July 1, 2014); or

(B) Level 2 felony, Level 3 felony, or Level 5 felony (for a crime committed after June 30, 2014).

(8) Kidnapping (IC 35-42-3-2).

(9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8 that is a:

(A) Class A felony, Class B felony, or Class C felony (for a crime committed before July 1, 2014); or

(B) Level 1 felony, Level 2 felony, Level 3 felony, Level 4 felony, or Level 5 felony (for a crime committed after June 30, 2014).

(10) Sexual misconduct with a minor (IC 35-42-4-9) as a:

(A) Class A felony or Class B felony (for a crime committed before July 1, 2014); or

(B) Level 1 felony, Level 2 felony, or Level 4 felony (for a crime committed after June 30, 2014).

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

(12) Robbery (IC 35-42-5-1) as a:

(A) Class A felony or a Class B felony (for a crime committed before July 1, 2014); or

(B) Level 2 felony or Level 3 felony (for a crime committed after June 30, 2014).

(13) Burglary (IC 35-43-2-1) as a:

(A) Class A felony or a Class B felony (for a crime committed before July 1, 2014); or

(B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony (for a crime committed after June 30, 2014).

(14) Carjacking (IC 35-42-5-2) (repealed).

(15) Assisting a criminal (IC 35-44.1-2-5) as a:

(A) Class C felony (for a crime committed before July 1, 2014); or

(B) Level 5 felony (for a crime committed after June 30, 2014).

(16) Escape (IC 35-44.1-3-4) as a:

(A) Class B felony or Class C felony (for a crime committed before July 1, 2014); or

(B) Level 4 felony or Level 5 felony (for a crime committed after June 30, 2014).

(17) Trafficking with an inmate (IC 35-44.1-3-5) as a:

(A) Class C felony (for a crime committed before July 1, 2014); or

(B) Level 5 felony (for a crime committed after June 30, 2014).

(18) Causing death or catastrophic injury when operating a vehicle (IC 9-30-5-5).

(19) Criminal confinement (IC 35-42-3-3) as a:

(A) Class B felony (for a crime committed before July 1, 2014); or

(B) Level 3 felony (for a crime committed after June 30, 2014).

(20) Arson (IC 35-43-1-1) as a:

(A) Class A or Class B felony (for a crime committed before July 1, 2014); or

(B) Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014).

(21) Possession, use, or manufacture of a weapon of mass destruction (IC 35-46.5-2-1) (or IC 35-47-12-1 before its repeal).

(22) Terroristic mischief (IC 35-46.5-2-3) (or IC 35-47-12-3 before its repeal) as a:

(A) Class B felony (for a crime committed before July 1, 2014); or

(B) Level 4 felony (for a crime committed after June 30, 2014).

(23) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).

(24) A violation of IC 35-47.5 (controlled explosives) as a:

(A) Class A or Class B felony (for a crime committed before July 1, 2014); or

(B) Level 2 or Level 4 felony (for a crime committed after June 30, 2014).

(25) Domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level 3 felony, or Level 5 felony.

(26) Sexual misconduct with a service provider (35-44.1-3-10) as a Level 4 felony.

(27) Any other crimes evidencing a propensity or history of violence.

As added by P.L.85-2004, SEC.3. Amended by P.L.125-2012, SEC.400; P.L.126-2012, SEC.31; P.L.158-2013, SEC.178; P.L.65-2016, SEC.4; P.L.66-2019, SEC.2; P.L.184-2019, SEC.8; P.L.211-2019, SEC.15; P.L.142-2020, SEC.15; P.L.78-2022, SEC.6.
Ind. Code § 11-8-4-13 — Indiana Code / Title 11 / Article 8 / Chapter 4 / Section 11-8-4-13
Finality of decisions of sending state in respect of any matter
Status: in_force

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

As added by Acts 1979, P.L.120, SEC.1.
Ind. Code § 11-12-3.8-4 — Indiana Code / Title 11 / Article 12 / Chapter 3.8 / Section 11-12-3.8-4
Repealed
Status: repealed

As added by P.L.184-2014, SEC.2. Repealed by P.L.179-2015, SEC.6; P.L.209-2015, SEC.8.
Ind. Code § 11-12-3.7-11 — Indiana Code / Title 11 / Article 12 / Chapter 3.7 / Section 11-12-3.7-11
Eligibility for pre-conviction forensic diversion; advisements; stay of entry of judgment; consequences of successful completion or failure
Status: in_force

Sec. 11. (a) A person is eligible to participate in a pre-conviction forensic diversion program only if the person meets the following criteria:

(1) The person has an intellectual disability, a developmental disability, an autism spectrum disorder, a mental illness, an addictive disorder, or a combination of those conditions.

(2) The person has been charged with an offense that is:

(A) not a violent offense; and

(B) a Class A, B, or C misdemeanor, or a Level 6 felony that may be reduced to a Class A misdemeanor in accordance with IC 35-50-2-7.

(3) The person does not have a conviction for a violent offense in the previous ten (10) years.

(4) The court has determined that the person is an appropriate candidate to participate in a pre-conviction forensic diversion program.

(5) The person has been accepted into a pre-conviction forensic diversion program.

(b) Before an eligible person is permitted to participate in a pre-conviction forensic diversion program, the court shall advise the person of the following:

(1) Before the individual is permitted to participate in the program, the individual will be required to enter a guilty plea to the offense with which the individual has been charged.

(2) The court will stay entry of the judgment of conviction during the time in which the individual is successfully participating in the program. If the individual stops successfully participating in the program, or does not successfully complete the program, the court will lift its stay, enter a judgment of conviction, and sentence the individual accordingly.

(3) If the individual participates in the program, the individual may be required to remain in the program for a period not to exceed three (3) years.

(4) During treatment the individual may be confined in an institution, be released for treatment in the community, receive supervised aftercare in the community, or may be required to receive a combination of these alternatives. Programs for addictive disorders may include:

(A) addiction counseling;

(B) inpatient detoxification;

(C) case management;

(D) daily living skills; and

(E) medication assisted treatment, including a federal Food and Drug Administration approved long acting, nonaddictive medication for the treatment of opioid or alcohol dependence.

(5) If the individual successfully completes the forensic diversion program, the court will waive entry of the judgment of conviction and dismiss the charges.

(6) The court shall determine, after considering a report from the forensic diversion program, whether the individual is successfully participating in or has successfully completed the program.

(c) Before an eligible person may participate in a pre-conviction forensic diversion program, the person must plead guilty to the offense with which the person is charged.

(d) Before an eligible person may be admitted to a facility under the control of the division of mental health and addiction, the individual must be committed to the facility under IC 12-26.

(e) After the person has pleaded guilty, the court shall stay entry of judgment of conviction and place the person in the pre-conviction forensic diversion program for not more than:

(1) two (2) years, if the person has been charged with a misdemeanor; or

(2) three (3) years, if the person has been charged with a felony.

(f) If, after considering the report of the forensic diversion program, the court determines that the person has:

(1) failed to successfully participate in the forensic diversion program, or failed to successfully complete the program, the court shall lift its stay, enter judgment of conviction, and sentence the person accordingly; or

(2) successfully completed the forensic diversion program, the court shall waive entry of the judgment of conviction and dismiss the charges.

As added by P.L.85-2004, SEC.3. Amended by P.L.192-2007, SEC.6; P.L.168-2014, SEC.25; P.L.187-2015, SEC.9; P.L.209-2015, SEC.6.
Ind. Code § 11-8-1-5.4 — Indiana Code / Title 11 / Article 8 / Chapter 1 / Section 11-8-1-5.4
"Community corrections program"
Status: in_force

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

As added by P.L.273-1999, SEC.204.
Ind. Code § 11-12-11-1 — Indiana Code / Title 11 / Article 12 / Chapter 11 / Section 11-12-11-1
"County misdemeanant fund"
Status: in_force

Sec. 1. As used in this chapter, "county misdemeanant fund" refers to a fund established under section 4 of this chapter.

As added by P.L.204-2016, SEC.29.
Ind. Code § 11-10-4-8 — Indiana Code / Title 11 / Article 10 / Chapter 4 / Section 11-10-4-8
Notification to division of mental health and addiction of commitment of offender; copy of evaluation
Status: in_force

Sec. 8. Whenever an offender sentenced under IC 35-36-2-5 is committed to the department of correction, the department of correction shall immediately inform the division of mental health and addiction of the commitment and provide the division of mental health and addiction with a copy of the evaluation made by the department of correction under IC 11-10-1-2.

As added by P.L.127-1985, SEC.1. Amended by P.L.2-1992, SEC.108; P.L.215-2001, SEC.23.
Ind. Code § 11-12-11-4 — Indiana Code / Title 11 / Article 12 / Chapter 11 / Section 11-12-11-4
Establishment of county misdemeanant fund
Status: in_force

Sec. 4. (a) A county legislative body receiving deposits made under section 7 of this chapter shall establish a county misdemeanant fund.

(b) The county fiscal body shall administer the county misdemeanant fund.

(c) The fund consists of deposits made by the department under section 7 of this chapter.

As added by P.L.204-2016, SEC.29.
Ind. Code § 11-11-3-9 — Indiana Code / Title 11 / Article 11 / Chapter 3 / Section 11-11-3-9
Visitors; prohibition; notice to confined person
Status: in_force

Sec. 9. (a) A person may be prohibited from visiting a confined person, or the visit may be restricted to an extent greater than allowed under section 8 of this chapter, if the department has reasonable grounds to believe that the visit would threaten the security of the facility or program or the safety of individuals.

(b) The department may restrict any person less than eighteen (18) years of age from visiting an offender, if:

(1) the offender has been:

(A) convicted of a sex offense under IC 35-42-4; or

(B) adjudicated delinquent as a result of an act that would be considered a sex offense under IC 35-42-4 if committed by an adult; and

(2) the victim of the sex offense was less than eighteen (18) years of age at the time of the offense.

(c) If the department prohibits or restricts visitation between a confined person and another person under this section, it shall notify the confined person of that prohibition or restriction. The notice must be in writing and include the reason for the action, the name of the person who made the decision, and the fact that the action may be challenged through the grievance procedure.

(d) The department shall establish written guidelines for implementing this section.

As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.97-1988, SEC.2; P.L.85-2004, SEC.38.
Ind. Code § 11-10-7-5 — Indiana Code / Title 11 / Article 10 / Chapter 7 / Section 11-10-7-5
Earnings of offender; distribution
Status: in_force

Sec. 5. (a) The earnings of an offender employed under this chapter shall be surrendered to the department. This amount shall be distributed in the following order:

(1) Not less than twenty percent (20%) of the offender's gross earnings to be given to the offender or retained by the department. If retained by the department, the amount, with accrued interest if interest on the amount is earned, must be returned to the offender not later than at the time of the offender's release on parole or discharge.

(2) State and federal income taxes and Social Security deductions.

(3) The expenses of room and board, as fixed by the department and the budget agency, in facilities operated by the department, or, if the offender is housed in a facility not operated by the department, the amount paid by the department to the operator of the facility or other appropriate authority for room and board and other incidentals as established by agreement between the department and the appropriate authority.

(4) The support of the offender's dependents, when directed by the offender or ordered by the court to pay this support. If the offender's dependents are receiving welfare assistance, the appropriate county office of the division of family resources or welfare department in another state shall be notified of these disbursements.

(5) Ten percent (10%) of the offender's gross earnings, to be deposited in the violent crime victims compensation fund established by IC 5-2-6.1-40.

(6) If an offender is eligible for an offender reentry administrative account under IC 11-10-15, at least ten percent (10%) and not more than twenty percent (20%) of the offender's gross earnings, to be deposited in the offender's reentry administrative account.

(b) Any remaining amount shall be given to the offender or retained by the department in accord with subsection (a)(1).

(c) The department may, when special circumstances warrant or for just cause, waive the collection of room and board charges by or on behalf of a facility operated by the department or, if the offender is housed in a facility not operated by the department, authorize payment of room and board charges from other available funds.

As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1980, P.L.87, SEC.5; P.L.2-1992, SEC.109; P.L.4-1993, SEC.13; P.L.5-1993, SEC.26; P.L.47-1993, SEC.4; P.L.1-1994, SEC.43; P.L.146-2008, SEC.369; P.L.44-2009, SEC.5; P.L.104-2009, SEC.2.
Ind. Code § 11-11-3-4 — Indiana Code / Title 11 / Article 11 / Chapter 3 / Section 11-11-3-4
Inspecting and reading correspondence; removal of items
Status: in_force

Sec. 4. (a) The department may read and examine correspondence sent to or from a confined person unless it is clearly marked as correspondence that is privileged under state or federal law. The department may not disclose the contents of the correspondence to another person unless:

(1) the department has reasonable grounds to believe that the correspondence:

(A) poses an immediate danger to the safety of an individual or a serious threat to the security of the facility or program; or

(B) is prohibited under section 2(b) of this chapter;

(2) the correspondence contains contraband or prohibited property;

(3) the confined person has been:

(A) convicted of a crime that involved the use of correspondence to engage in an illegal activity; or

(B) found guilty after a hearing conducted by the department of using correspondence to commit misconduct;

(4) the department receives a written request from a supervising authority of any federal or state law enforcement agency stating that the agency has reasonable grounds to believe that a crime is being committed or has been committed by the confined person and that the department should monitor the confined person's correspondence; or

(5) the department has reasonable grounds to believe that the correspondence may pose a threat to national security.

(b) The department may open correspondence that is sent to or from a confined person to inspect for and remove contraband or prohibited property and to permit removal of funds for crediting to the confined person's account. The correspondence may not be read, censored, copied, or otherwise interfered with in regard to its prompt delivery unless it is not clearly marked as correspondence that is privileged by other law and:

(1) the department has reasonable grounds to believe that the correspondence:

(A) poses an immediate danger to the safety of an individual or a serious threat to the security of the facility or program; or

(B) is prohibited under section 2(b) of this chapter;

(2) the correspondence contains contraband or prohibited property;

(3) the confined person has been:

(A) convicted of a crime that involved the use of correspondence to engage in an illegal activity; or

(B) found guilty after a hearing conducted by the department of using correspondence to commit misconduct;

(4) the department receives a written request from a supervising authority of any federal or state law enforcement agency stating that the agency has reasonable grounds to believe that a crime is being committed or has been committed by the confined person and that the department should monitor the confined person's correspondence; or

(5) the department has reasonable grounds to believe that the correspondence may pose a threat to national security.

(c) The department may adopt procedures to inspect correspondence to or from an offender to determine whether the correspondence contains contraband or prohibited property under subsection (a) or (b). The department shall inform the offender whenever the department removes the offender's funds under subsection (b), including the dollar amount.

(d) For purposes of this section, disagreement with the sender's or receiver's apparent moral, political, ethical, ethnic, or religious values or attitudes, veracity, or choice of words may not be used as a reason for censoring, copying, delaying, or disallowing the delivery of a personal communication.

(e) This subsection does not apply to correspondence described under subsection (a)(4), (a)(5), (b)(4), or (b)(5). If the department delays, censors, copies, or withholds correspondence, it shall promptly notify the person. The notice must be in writing and specify the reason for the action, the name of the sender, the date of any postmark, the date the correspondence was received or deposited at the facility or program, the proposed disposition to be made of the correspondence, the name of the person who made the decision, and the fact that the department's action may be challenged through the grievance procedure.

(f) The department shall maintain a record of each decision to withhold, copy, delay, or otherwise interfere with the prompt transmission of correspondence. This record must indicate the information set forth in the notice prescribed in subsection (e). The department shall establish policies to ensure that the contents of any monitored correspondence shall be shared only with necessary department staff. However, if the department believes that any correspondence contains evidence of criminal activity, that correspondence, or a copy, may be shared with appropriate federal or state law enforcement officials.

As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.150-1983, SEC.2; P.L.99-1986, SEC.2; P.L.145-1995, SEC.1; P.L.103-1999, SEC.1; P.L.101-2006, SEC.22.
Ind. Code § 11-8-11-4 — Indiana Code / Title 11 / Article 8 / Chapter 11 / Section 11-8-11-4
2025 agreement; budget; expenditures
Status: in_force

Sec. 4. Before March 15, 2026, the department shall submit to the state budget committee a status update report describing the following:

(1) The amount of money received after September 29, 2025, and before March 1, 2026, by the state from ICE under the 2025 agreement related to Section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) with regard to the Miami correctional facility or any other state facility covered under the 2025 agreement.

(2) The amount of money expended after September 29, 2025, and before March 1, 2026, by the department or any other unit of state government on costs related to the housing and transportation of individuals, or other similar services, as described in the 2025 agreement.

(3) Any amendments or modifications to the 2025 agreement that occurred after September 29, 2025, and before March 1, 2026.

As added by P.L.106-2026, SEC.11.
Ind. Code § 11-10-3-5 — Indiana Code / Title 11 / Article 10 / Chapter 3 / Section 11-10-3-5
Copayment requirements; exceptions
Status: in_force

Sec. 5. (a) This section does not apply to a person committed to the department who:

(1) maintains a policy of insurance from a private company covering:

(A) medical care;

(B) dental care;

(C) eye care; or

(D) any other health care related service; or

(2) is willing to pay for the person's own medical care.

(b) Except as provided in subsection (c), a person committed to the department may be required to make a copayment in an amount of not more than ten dollars ($10) for each provision of any of the following services:

(1) Medical care.

(2) Dental care.

(3) Eye care.

(4) Any other health care related service.

(c) A person committed to the department is not required to make the copayment under subsection (b) if:

(1) the person does not have funds in the person's commissary account or trust account at the time the service is provided;

(2) the person does not have funds in the person's commissary account or trust account within thirty (30) days after the service is provided;

(3) the service is provided in an emergency;

(4) the service is provided as a result of an injury received in the correctional facility; or

(5) the service is provided at the request of the administrator of the correctional facility.

(d) Money collected under this section must be used to reimburse the department whenever a person makes a copayment as a result of health care related services provided during the person's confinement in a correctional facility.

(e) The department shall adopt rules under IC 4-22-2 to implement this section.

As added by P.L.143-1995, SEC.1.
Ind. Code § 11-11-6-1 — Indiana Code / Title 11 / Article 11 / Chapter 6 / Section 11-11-6-1
Policies and procedures; adoption
Status: in_force

Sec. 1. (a) The department shall adopt policies and procedures for the protection of committed persons, including:

(1) the monitoring of committed persons whose presence in the general population of a facility or program constitutes a threat of physical danger to other persons;

(2) reasonable searches of committed persons, facilities and premises to reduce the number of weapons and dangerous items;

(3) adequate staff supervision of committed persons, including living quarters;

(4) maintenance of accurate records regarding incidents of violence;

(5) referral of serious criminal conduct to investigating and prosecuting authorities with appropriate information; and

(6) policies and procedures designed to reduce racial tension.

(b) For purposes of IC 4-22-2, the terms "policies" and "procedures" as used in this section relate solely to internal policies and procedures not having the force of law.

As added by Acts 1979, P.L.120, SEC.4.
Ind. Code § 11-11-5-2 — Indiana Code / Title 11 / Article 11 / Chapter 5 / Section 11-11-5-2
Rules; adoption
Status: in_force

Sec. 2. The department shall adopt rules for the maintenance of order and discipline among committed persons. These rules must describe the conduct for which disciplinary action may be imposed, the type of disciplinary action that may be taken, and the disciplinary procedure to be followed. These rules shall be made available to all committed persons. The disciplinary action imposed must be proportionate to the seriousness of the violation. For purposes of IC 4-22-2, the term "rule" as used in this section relates solely to internal policy and procedure not having the force of law.

As added by Acts 1979, P.L.120, SEC.4.
Ind. Code § 11-10-15-1 — Indiana Code / Title 11 / Article 10 / Chapter 15 / Section 11-10-15-1
Eligibility
Status: in_force

Sec. 1. (a) An offender is not eligible for an offender reentry administrative account under this chapter if the offender's expected release date is after the date when the offender would be eighty (80) years of age, except if:

(1) the offender's appeals have not been exhausted;

(2) the department determines the offender may have an offender reentry administrative account; and

(3) the offender agrees to have an offender reentry administrative account.

An offender reentry administrative account established for an offender described in this subsection is subject to all other department rules concerning offender reentry administrative accounts.

(b) Except as provided in subsection (a), the department shall provide each offender who has earnings under IC 11-10-6, IC 11-10-7, or IC 11-10-8 with an offender reentry administrative account.

As added by P.L.104-2009, SEC.4.
Ind. Code § 11-10-4-9 — Indiana Code / Title 11 / Article 10 / Chapter 4 / Section 11-10-4-9
Transfer of mental health and health records
Status: in_force

Sec. 9. (a) As used in this section, "mental health record" has the meaning set forth in IC 16-18-2-226.

(b) Subject to the conditions described in subsection (e), a psychiatrist or behavioral health care provider may, with or without the offender's consent, provide a copy of an offender's health and mental health records to a facility, an agency, or a health care provider responsible for the incarceration of an offender. The facility or agency responsible for the incarceration of an offender shall maintain any health and mental health records provided under this subsection as part of the offender's health record.

(c) Subject to the conditions described in subsection (e), if an offender is transferred to a different facility, the operator of the facility or agency from which the offender is transferred shall provide the offender's health and mental health records to the facility that is used to:

(1) house; or

(2) provide mental health treatment to;

the offender, including a county jail or a community mental health center.

(d) The department shall maintain health and mental health records for each offender incarcerated by the department. Subject to the conditions described in subsection (e), after an offender is released from incarceration, the department shall provide the offender's health and mental health records, if any, to a mental health facility, mental health provider, or designated health care provider that is providing mental health treatment to the offender.

(e) An offender's health and mental health records may be disclosed under this section only if the records are necessary for:

(1) the provision of health care to the offender;

(2) the health and safety of the offender or other offenders;

(3) the health and safety of others at the facility;

(4) the health and safety of persons responsible for transporting or transferring the offender from one location to another;

(5) law enforcement on the premises of a facility; or

(6) the administration and maintenance of the safety, security, and good order of the facility.

(f) All records covered under this section are subject to privacy and confidentiality laws, rules, and procedures enacted by the state or federal government.

As added by P.L.93-2007, SEC.1.
Ind. Code § 11-11-3-1 — Indiana Code / Title 11 / Article 11 / Chapter 3 / Section 11-11-3-1
Construction of terms
Status: in_force

Sec. 1. As used in this chapter, the terms defined in IC 11-11-2-1 have the meanings set out in that section.

As added by Acts 1979, P.L.120, SEC.4.
Ind. Code § 11-10-12-5.3 — Indiana Code / Title 11 / Article 10 / Chapter 12 / Section 11-10-12-5.3
Assistance in Medicaid application before release or discharge; timing of assistance; Medicaid authorization
Status: in_force

Sec. 5.3. (a) The department shall assist a committed offender in applying for Medicaid, as the authorized representative as described in IC 11-10-3-7 or as a health navigator under the requirements of IC 27-19-2-12, so that the committed offender might be eligible for assistance when the offender is subsequently:

(1) released on parole;

(2) assigned to a community transition program; or

(3) discharged from the department.

(b) The department shall provide the assistance described in subsection (a) in sufficient time to ensure that the committed offender will be able to receive assistance at the time the committed offender is:

(1) released on parole;

(2) assigned to a community transition program; or

(3) discharged from the department.

(c) The department shall implement the requirements under this section to establish an inmate's Medicaid coverage regardless of the inmate's medical need. Upon a determination that the inmate qualifies for Medicaid coverage, the office of the secretary of family and social services, division of family resources, shall authorize and then immediately suspend Medicaid coverage for those inmates not requiring immediate medical attention.

As added by P.L.185-2015, SEC.3.
Ind. Code § 11-12-3.8-1 — Indiana Code / Title 11 / Article 12 / Chapter 3.8 / Section 11-12-3.8-1
"Mental health and addiction forensic treatment services"
Status: in_force

Sec. 1. As used in this chapter, "mental health and addiction forensic treatment services" means evidence based treatment and recovery wraparound support services provided to individuals who have entered the criminal justice system as a felon or with a prior felony conviction. The term includes:

(1) mental health and substance abuse treatment assessments;

(2) vocational services;

(3) housing assistance;

(4) community support services;

(5) care coordination; and

(6) transportation assistance.

As added by P.L.184-2014, SEC.2. Amended by P.L.185-2015, SEC.5.
Ind. Code § 11-13-4-3 — Indiana Code / Title 11 / Article 13 / Chapter 4 / Section 11-13-4-3
Compact administrator
Status: in_force

Sec. 3. (a) The compact administrator selected by the state council under IC 11-13-4.5 is the administrator for probationers participating in the interstate compact for the supervision of parolees and probationers under this chapter and under IC 11-13-5.

(b) The judicial conference of Indiana may establish a staff position within the office of judicial administration to which the duties of the compact administrator may be delegated.

(c) The judicial conference of Indiana shall adopt rules under IC 4-22-2 prescribing duties and procedures for administering probationers participating in the interstate compact under this chapter and under IC 11-13-5.

As added by P.L.138-1989, SEC.2. Amended by P.L.110-2003, SEC.1; P.L.97-2004, SEC.46; P.L.161-2018, SEC.25.
Ind. Code § 11-8-2-14 — Indiana Code / Title 11 / Article 8 / Chapter 2 / Section 11-8-2-14
Correctional professional's fund
Status: in_force

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

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

(2) the employee:

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

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

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

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

(c) The fund consists of:

(1) grants;

(2) donations;

(3) employee contributions; and

(4) appropriations;

made to the fund.

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

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

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

As added by P.L.77-2009, SEC.4. Amended by P.L.23-2012, SEC.2.
Ind. Code § 11-9-1-1 — Indiana Code / Title 11 / Article 9 / Chapter 1 / Section 11-9-1-1
Parole board; establishment, membership, appointment, term, vacancy; qualifications
Status: in_force

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

(b) To qualify for membership a person must:

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

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

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

As added by Acts 1979, P.L.120, SEC.2. Amended by P.L.43-2001, SEC.1; P.L.100-2012, SEC.30.
Ind. Code § 11-11-2-2 — Indiana Code / Title 11 / Article 11 / Chapter 2 / Section 11-11-2-2
Prohibited property; notification of classification; permitted property
Status: in_force

Sec. 2. The department shall determine what type of property other than contraband a confined person may not possess and shall inform him of that classification. In carrying out this section, the department may inform a confined person of the type or items of property he is permitted to possess, in which event all other property not contraband is prohibited property. Property that a confined person is otherwise permitted to possess may become prohibited property due to the means by which it is possessed or used.

As added by Acts 1979, P.L.120, SEC.4.
Ind. Code § 11-10-11.5-11 — Indiana Code / Title 11 / Article 10 / Chapter 11.5 / Section 11-10-11.5-11
Rules and conditions
Status: in_force

Sec. 11. (a) While assigned to a community transition program, a person must comply with:

(1) the rules concerning the conduct of persons in the community transition program, including rules related to payments described in section 12 of this chapter, that are adopted by the community corrections advisory board establishing the program or, in counties that are not served by a community corrections program, that are jointly adopted by the courts in the county with felony jurisdiction; and

(2) any conditions established by the sentencing court for the person.

(b) As a rule of the community transition program, a person convicted of a sex offense (as defined in IC 11-8-8-5.2) may not use a social networking website (as defined in IC 35-31.5-2-307) or an instant messaging or chat room program (as defined in IC 35-31.5-2-173) to communicate, directly or through an intermediary, with a child less than sixteen (16) years of age. However, the rules of the community transition program may permit the offender to communicate using a social networking website or an instant messaging or chat room program with:

(1) the offender's own child, stepchild, or sibling; or

(2) another relative of the offender specifically named in the rules applicable to that person.

(c) As a rule of the community transition program, an individual may be required to receive:

(1) addiction counseling;

(2) inpatient detoxification;

(3) case management;

(4) daily living skills; and

(5) medication assisted treatment, including a federal Food and Drug Administration approved long acting, nonaddictive medication for the treatment of opioid or alcohol dependence.

As added by P.L.273-1999, SEC.208. Amended by P.L.3-2008, SEC.89; P.L.247-2013, SEC.1; P.L.187-2015, SEC.3; P.L.209-2015, SEC.3; P.L.1-2025, SEC.161.
Ind. Code § 11-8-1-8.5 — Indiana Code / Title 11 / Article 8 / Chapter 1 / Section 11-8-1-8.5
"Expected release date"
Status: in_force

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

(1) the term of the sentence;

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

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

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

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

As added by P.L.273-1999, SEC.207.
Ind. Code § 11-12-6.5-4 — Indiana Code / Title 11 / Article 12 / Chapter 6.5 / Section 11-12-6.5-4
Costs of incarcerating a confined jail offender
Status: in_force

Sec. 4. The costs of incarcerating a confined jail offender under IC 35-38-3-3(f) shall be used to pay for the confined jail offender housed in either a regional holding facility or a county jail.

As added by P.L.239-2019, SEC.11.
Ind. Code § 11-8-5-4 — Indiana Code / Title 11 / Article 8 / Chapter 5 / Section 11-8-5-4
Access controls to be established
Status: in_force

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

As added by Acts 1979, P.L.120, SEC.1.
Ind. Code § 11-8-4-19 — Indiana Code / Title 11 / Article 8 / Chapter 4 / Section 11-8-4-19
Construction; severability
Status: in_force

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

As added by Acts 1979, P.L.120, SEC.1.
Ind. Code § 11-10-2-2 — Indiana Code / Title 11 / Article 10 / Chapter 2 / Section 11-10-2-2
Commitment or award of guardianship; governing facts
Status: in_force

Sec. 2. Except as provided by section 6 of this chapter, the commitment or award of guardianship of a delinquent offender to the department is governed by the following:

(1) All commitments are to the department as opposed to a specific facility. The department shall determine the facility or program assignment. The initial conveyance of an offender must be to a place designated by the department.

(2) No offender under twelve (12) years of age or eighteen (18) years of age or older may be committed to the department.

(3) No offender known to be pregnant may be committed to the department.

As added by Acts 1979, P.L.120, SEC.3.
Ind. Code § 11-8-1-8.7 — Indiana Code / Title 11 / Article 8 / Chapter 1 / Section 11-8-1-8.7
"Good time credit"
Status: in_force

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

As added by P.L.74-2015, SEC.5.
Ind. Code § 11-8-3-3 — Indiana Code / Title 11 / Article 8 / Chapter 3 / Section 11-8-3-3
Repealed
Status: repealed

As added by Acts 1982, P.L.205, SEC.2. Amended by P.L.5-1988, SEC.59. Repealed by P.L.242-1999, SEC.11.
Ind. Code § 11-12-9-7 — Indiana Code / Title 11 / Article 12 / Chapter 9 / Section 11-12-9-7
Record of proceedings
Status: reserved

Sec. 7. A record of the proceedings under this chapter shall be made and preserved.

As added by P.L.73-1994, SEC.2.
Ind. Code § 11-12-9-4 — Indiana Code / Title 11 / Article 12 / Chapter 9 / Section 11-12-9-4
Violations of community corrections sentence; custody and detention
Status: in_force

Sec. 4. Pending any proceeding under this chapter, the appropriate officer of Indiana may take custody of and detain the person who allegedly violated a term of the person's community corrections sentence:

(1) for not more than fifteen (15) days before a hearing is conducted under this chapter; and

(2) if:

(A) the hearing is waived under section 2 of this chapter; or

(B) it appears to a hearing officer that retaking or reincarceration is likely to follow the person's hearing;

for a reasonable time after the hearing is waived or the hearing has concluded that is necessary to arrange for the person's retaking or reincarceration.

As added by P.L.73-1994, SEC.2.
Ind. Code § 11-10-13-2 — Indiana Code / Title 11 / Article 10 / Chapter 13 / Section 11-10-13-2
Department's duty to determine the average daily cost of incarceration
Status: in_force

Sec. 2. The department shall determine the average daily cost of incarcerating an offender in:

(1) the department; and

(2) each county jail.

As added by P.L.85-2004, SEC.1.
Ind. Code § 11-8-8-2 — Indiana Code / Title 11 / Article 8 / Chapter 8 / Section 11-8-8-2
"Local law enforcement authority"
Status: in_force

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

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

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

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
Ind. Code § 11-12-3.7-7.5 — Indiana Code / Title 11 / Article 12 / Chapter 3.7 / Section 11-12-3.7-7.5
Persons to receive information and training concerning diversion programs
Status: in_force

Sec. 7.5. The following persons shall provide or be provided information and training concerning diversion programs or other probationary programs available for individuals with an addictive disorder, including information on medication assisted treatment within these programs:

(1) Judges, provided by the office of judicial administration.

(2) Prosecutors, provided by the prosecuting attorneys council.

(3) Public defenders, provided by the public defender council of Indiana.

As added by P.L.154-2015, SEC.1. Amended by P.L.161-2018, SEC.23.
Ind. Code § 11-11-1-1 — Indiana Code / Title 11 / Article 11 / Chapter 1 / Section 11-11-1-1
"Administrative act" defined
Status: in_force

Sec. 1. As used in this chapter, "administrative act" means an action, decision, directive, omission, policy, practice, procedure, or rule of the department or one (1) of its employees.

As added by Acts 1979, P.L.120, SEC.4.
Ind. Code § 11-10-5-1 — Indiana Code / Title 11 / Article 10 / Chapter 5 / Section 11-10-5-1
Implementation of academic and vocational education curricula and programs; funding
Status: in_force

Sec. 1. The department shall, after consulting with the secretary of education and the Indiana commission on vocational and technical education of the department of workforce development, implement academic and vocational education curricula and programs for confined offenders, by utilizing qualified personnel employed by the department or by arranging for instruction to be given by public or private educational agencies in Indiana. The department shall include special education programs, which shall be governed under IC 20-35-2. To provide funding for development and implementation of academic and vocational education curricula and programs, the department may accept gifts and apply for and receive grants from any source.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.217-1987, SEC.26; P.L.1-1990, SEC.161; P.L.135-1993, SEC.3; P.L.21-1995, SEC.13; P.L.1-2005, SEC.121; P.L.43-2021, SEC.35.
Ind. Code § 11-8-8-6 — Indiana Code / Title 11 / Article 8 / Chapter 8 / Section 11-8-8-6
"Sexually violent predator"
Status: in_force

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

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
Ind. Code § 11-12-2-9 — Indiana Code / Title 11 / Article 12 / Chapter 2 / Section 11-12-2-9
Repealed
Status: repealed

As added by Acts 1979, P.L.120, SEC.5. Amended by Acts 1981, P.L.134, SEC.1; Acts 1982, P.L.93, SEC.1; P.L.151-1983, SEC.3; P.L.25-1985, SEC.2; P.L.12-1996, SEC.10; P.L.146-2008, SEC.372. Repealed by P.L.105-2010, SEC.18.
Ind. Code § 11-13-9-6 — Indiana Code / Title 11 / Article 13 / Chapter 9 / Section 11-13-9-6
Denial of discharge; new petition
Status: in_force

Sec. 6. If the parole board denies an inmate's request to be discharged under this chapter, the inmate may petition for a new review not earlier than one (1) year after the parole board denies the request.

As added by P.L.119-2008, SEC.11.
Ind. Code § 11-12-1-4 — Indiana Code / Title 11 / Article 12 / Chapter 1 / Section 11-12-1-4
Contracts with other counties for use of programs
Status: in_force

Sec. 4. Two (2) or more counties may contract with each other for programs or purchase from one (1) or more counties the use of these programs.

As added by Acts 1979, P.L.120, SEC.5.
Ind. Code § 11-8-6-2 — Indiana Code / Title 11 / Article 8 / Chapter 6 / Section 11-8-6-2
Exceptions
Status: in_force

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

(1) the public;

(2) other persons under its control;

(3) the individual seeking the exception; and

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

As added by Acts 1981, P.L.133, SEC.1.
Ind. Code § 11-8-8-23 — Indiana Code / Title 11 / Article 8 / Chapter 8 / Section 11-8-8-23
Law enforcement authority to take reasonable steps to notify a victim of an offender name change
Status: in_force

Sec. 23. (a) This section applies to the local law enforcement authority in the county of conviction who has received notice that a lifetime sex or violent offender (as defined in IC 34-28-2-1.5) has changed the offender's name under:

(1) IC 31-11-4-11 (marriage);

(2) IC 31-15-2-19 (dissolution of marriage);

(3) IC 31-19-2-1.1 (adult adoption); or

(4) IC 34-28-2-1.5 (an action for name change).

(b) A local law enforcement authority to which this section applies shall take reasonable steps, including consulting with the prosecuting attorney or a victim assistance program in the county of conviction, to notify the victim (or the spouse or immediate family member of a deceased victim):

(1) that the lifetime sex or violent offender has changed the offender's name;

(2) of the reason for the name change; and

(3) of the lifetime sex or violent offender's new name.

As added by P.L.244-2019, SEC.1. Amended by P.L.156-2020, SEC.52.
Ind. Code § 11-8-5-0.5 — Indiana Code / Title 11 / Article 8 / Chapter 5 / Section 11-8-5-0.5
"Compelling public interest"
Status: in_force

Sec. 0.5. As used in this chapter, "compelling public interest" means any condition in which there is a question of:

(1) the proper appropriation or expenditure of public funds;

(2) the official conduct of public employees or any person who provides goods or services to the state for financial compensation under contract or other agreement;

(3) the suitability for receiving a public trust or benefits; or

(4) the public safety or welfare.

As added by P.L.10-2019, SEC.50.
Ind. Code § 11-9-2-1 — Indiana Code / Title 11 / Article 9 / Chapter 2 / Section 11-9-2-1
Application
Status: in_force

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

As added by Acts 1979, P.L.120, SEC.2.
Ind. Code § 11-10-1-1 — Indiana Code / Title 11 / Article 10 / Chapter 1 / Section 11-10-1-1
Application of chapter
Status: in_force

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

As added by Acts 1979, P.L.120, SEC.3.
Ind. Code § 11-11-5-8 — Indiana Code / Title 11 / Article 11 / Chapter 5 / Section 11-11-5-8
Suspension of rights or procedures during emergency
Status: in_force

Sec. 8. Any of the rights or procedures enumerated in this chapter may be suspended upon declaration by the official in charge of the facility or program that there exists an emergency situation threatening the general security of the facility or program. The rights or procedures again apply upon declaration by the official in charge of the facility or program that the emergency has been resolved.

As added by Acts 1979, P.L.120, SEC.4.
Ind. Code § 11-10-11.5-5 — Indiana Code / Title 11 / Article 10 / Chapter 11.5 / Section 11-10-11.5-5
Commencement date; Level 5 or Level 6 felony
Status: in_force

Sec. 5. (a) This section applies to a person if the most serious offense for which the person is committed is a Class C or Class D felony (for a crime committed before July 1, 2014) or Level 5 or Level 6 felony (for a crime committed after June 30, 2014).

(b) Unless the department has received:

(1) an order under IC 35-38-1-24; or

(2) a warrant order of detainer seeking the transfer of the person to a county or another jurisdiction;

the department shall assign a person to a minimum security classification and place the person in a community transition program beginning with the community transition program commencement date designated by the department until the person completes the person's fixed term of imprisonment, less the credit time the person has earned with respect to the term.

As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000, SEC.9; P.L.85-2004, SEC.34; P.L.158-2013, SEC.177.
Ind. Code § 11-13-1-3.5 — Indiana Code / Title 11 / Article 13 / Chapter 1 / Section 11-13-1-3.5
Probation officers; requirements for carrying handgun
Status: in_force

Sec. 3.5. A probation officer may not carry a handgun in any vehicle or on or about the probation officer's body while acting in the scope of employment as a probation officer unless all of the following conditions are met:

(1) The appointing court enters an order authorizing the probation officer to carry the handgun while on duty.

(2) The probation officer successfully completes a handgun safety course certified by the law enforcement training board under IC 5-2-1-9(n).

As added by P.L.45-2001, SEC.2. Amended by P.L.4-2017, SEC.3; P.L.175-2022, SEC.2.
Ind. Code § 11-12-4-6 — Indiana Code / Title 11 / Article 12 / Chapter 4 / Section 11-12-4-6
Plans and specifications; review for minimum standards
Status: in_force

Sec. 6. The department shall review plans and specifications submitted by a county under section 5 of this chapter to determine whether the new jail will meet the minimum standards adopted by the department under section 1 of this chapter.

As added by P.L.130-1985, SEC.2.
Ind. Code § 11-8-11-3 — Indiana Code / Title 11 / Article 8 / Chapter 11 / Section 11-8-11-3
"Miami correctional facility"
Status: in_force

Sec. 3. For purposes of this chapter, "Miami correctional facility" means the state correctional facility located in Miami County.

As added by P.L.106-2026, SEC.11.
Ind. Code § 11-10-16-3 — Indiana Code / Title 11 / Article 10 / Chapter 16 / Section 11-10-16-3
Program directors; duties
Status: in_force

Sec. 3. (a) The warden may appoint a person to direct the specialized vocational program. Each facility that has a specialized vocational program must have a facility manager to direct the program.

(b) The director shall do the following:

(1) Establish and oversee the day to day operations of the specialized vocational program.

(2) Recruit volunteers and businesses to provide instruction and training in:

(A) the specialized vocational program; and

(B) any related certification program.

(3) Provide information requested by the warden regarding an inmate or a specialized vocational program.

(4) Determine the appropriate number of inmates in each specialized vocational program, considering the availability of:

(A) qualified staff; and

(B) appropriate facilities and equipment.

The director may remove one (1) or more inmates from a program if necessary to comply with this subdivision.

(5) Remove an inmate from a specialized vocational program at any time due to:

(A) misconduct;

(B) security issues;

(C) safety issues;

(D) health concerns; or

(E) lack of meaningful participation in the program.

(6) Carry out other duties concerning the specialized vocational program as directed by the warden.

As added by P.L.73-2015, SEC.1. Amended by P.L.67-2017, SEC.9.
Ind. Code § 11-8-4-11 — Indiana Code / Title 11 / Article 8 / Chapter 4 / Section 11-8-4-11
Inmates' benefits or obligations on account of actions or proceedings they could have participated in if confined in institutions of sending state
Status: in_force

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

As added by Acts 1979, P.L.120, SEC.1.
Ind. Code § 11-8-4.5-3 — Indiana Code / Title 11 / Article 8 / Chapter 4.5 / Section 11-8-4.5-3
Sentence
Status: reserved

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

As added by P.L.71-1994, SEC.1.
Ind. Code § 11-9-2-4 — Indiana Code / Title 11 / Article 9 / Chapter 2 / Section 11-9-2-4
Conditional pardon; removal of disabilities applicable to holding handgun permit or license
Status: in_force

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

As added by P.L.148-1987, SEC.1.
Ind. Code § 11-10-4-7 — Indiana Code / Title 11 / Article 10 / Chapter 4 / Section 11-10-4-7
Rules
Status: in_force

Sec. 7. The department may adopt, under IC 4-22-2, rules to implement this chapter.

As added by Acts 1979, P.L.120, SEC.3.
Ind. Code § 11-12-2-13.5 — Indiana Code / Title 11 / Article 12 / Chapter 2 / Section 11-12-2-13.5
Repealed
Status: repealed

As added by P.L.73-1992, SEC.1. Repealed by P.L.1-1994, SEC.45.
Ind. Code § 11-8-1-6 — Indiana Code / Title 11 / Article 8 / Chapter 1 / Section 11-8-1-6
"Confined"
Status: in_force

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

(1) parole;

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

(3) intermittent service of a term of imprisonment;

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

As added by Acts 1979, P.L.120, SEC.1.
Ind. Code § 11-13-1-1 — Indiana Code / Title 11 / Article 13 / Chapter 1 / Section 11-13-1-1
Probation officers; appointment; qualifications; term, responsibility, salaries, expenses, bond
Status: in_force

Sec. 1. (a) A court or division of a court authorized to impose probation shall appoint one (1) or more probation officers, depending on the needs of the court, except that two (2) or more divisions within a court, two (2) or more courts within a county, or two (2) or more courts not in the same county may jointly appoint and employ one (1) or more probation officers for the purpose of meeting the requirements of this section.

(b) A person may be appointed as a probation officer after the effective date established by the judicial conference of Indiana only if that person meets the minimum employment qualifications adopted by the conference, except that this requirement does not apply to any person certified as a qualified probation officer before that effective date. Any uncertified person appointed as a probation officer after the effective date who fails to successfully complete the written examination established under section 8 of this chapter within six (6) months after the date of the person's appointment is prohibited from exercising the powers of a probation officer as granted by law.

(c) Probation officers shall serve at the pleasure of the appointing court and are directly responsible to and subject to the orders of the court. The amount and time of payment of salaries of probation officers shall be fixed by the county, city, or town fiscal body in accordance with the salary schedule adopted by the county, city, or town fiscal body under IC 36-2-16.5. The salary of a probation officer shall be paid out of the county, city, or town treasury by the county auditor or city controller. Probation officers are entitled to their actual expenses necessarily incurred in the performance of their duties. Probation officers shall give a bond if the court so directs in a sum to be fixed by the court.

(d) A court, or two (2) or more courts acting jointly, may designate a probation officer to direct and supervise the work of the probation department.

As added by Acts 1979, P.L.120, SEC.6. Amended by Acts 1980, P.L.89, SEC.1; P.L.277-2003, SEC.2.
Ind. Code § 11-10-11.5-12 — Indiana Code / Title 11 / Article 10 / Chapter 11.5 / Section 11-10-11.5-12
Collection and distribution of earnings
Status: in_force

Sec. 12. (a) Any earnings of a person employed while in a community transition program, less payroll deductions required by law and court ordered deductions for satisfaction of a judgment against that person, may be collected by the community transition program at the discretion of the community transition program. Unless otherwise ordered by the sentencing court, if the community transition program collects the earnings under this section, the remaining earnings shall be distributed in the following order:

(1) To pay state and federal income taxes and Social Security deductions not otherwise withheld.

(2) To pay the cost of membership in an employee organization.

(3) Not less than twenty-five percent (25%) of the person's gross earnings, if that amount of the gross is available after the above deductions, to be given to that person or retained for the person, with accrued interest, until the person's release or discharge.

(4) To pay for the person's room and board or electronic monitoring provided by the community transition program.

(5) To pay transportation costs to and from work and other work related incidental expenses incurred by the community transition program.

(6) To pay court ordered costs, fines, or restitution.

(b) After the amounts prescribed in subsection (a) are deducted, the remaining amount may be used to:

(1) when directed by the person or ordered by the court, pay for the support of the person's dependents (if the person's dependents are receiving welfare assistance, the appropriate office of family and children or welfare department in another state shall be notified of such disbursements); and

(2) with the consent of the person, pay to the person's victims or others any unpaid obligations of that person.

(c) Any remaining amount shall be given to the person or retained for the person according to subsection (a)(3).

(d) The collection of room and board or electronic monitoring costs under subsection (a)(4) may be waived.

As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000, SEC.14.
Ind. Code § 11-8-4.5-2 — Indiana Code / Title 11 / Article 8 / Chapter 4.5 / Section 11-8-4.5-2
Authorization of transfer or exchange
Status: in_force

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

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

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

As added by P.L.71-1994, SEC.1.
Ind. Code § 11-10-3-6 — Indiana Code / Title 11 / Article 10 / Chapter 3 / Section 11-10-3-6
Payment of medical expenses of person committed to department
Status: in_force

Sec. 6. (a) This section:

(1) does not apply in the case of a person who is subject to lawful detention by a county sheriff and is:

(A) covered under private health coverage for health care services; or

(B) willing to pay for the person's own health care services;

(2) does not apply to an inmate receiving inpatient services under section 7 of this chapter; and

(3) does not affect copayments required under section 5 of this chapter.

(b) The following definitions apply throughout this section:

(1) "Charge description master" means a listing of the amount charged by a hospital for each service, item, and procedure:

(A) provided by the hospital; and

(B) for which a separate charge exists.

(2) "Health care service" means the following:

(A) Medical care.

(B) Dental care.

(C) Eye care.

(D) Any other health care related service.

The term includes health care items and procedures.

(c) Except as provided in subsection (d), when the department or a county is responsible for payment for health care services provided to a person who is committed to the department, the department shall reimburse:

(1) a physician licensed under IC 25-22.5;

(2) a hospital licensed under IC 16-21-2; or

(3) another health care provider;

for the cost of a health care service at the federal Medicare reimbursement rate for the health care service provided plus four percent (4%).

(d) If there is no federal Medicare reimbursement rate for a health care service described in subsection (c), the department shall do the following:

(1) If the health care service is provided by a hospital, the department shall reimburse the hospital an amount equal to sixty-five percent (65%) of the amount charged by the hospital according to the hospital's charge description master.

(2) If the health care service is provided by a physician or another health care provider, the department shall reimburse the physician or health care provider an amount equal to sixty-five percent (65%) of the amount charged by the physician or health care provider.

As added by P.L.229-2011, SEC.102. Amended by P.L.205-2013, SEC.169; P.L.185-2015, SEC.1.
Ind. Code § 11-10-11.5-9 — Indiana Code / Title 11 / Article 10 / Chapter 11.5 / Section 11-10-11.5-9
Duration of assignment to program
Status: in_force

Sec. 9. A person assigned to a community transition program shall remain in the assignment until the person completes the person's fixed term of imprisonment, less the credit time the person has earned with respect to the term, unless the community transition program causes the person to be returned to the department for reassignment from the community transition program to a program or facility administered by the department under section 11.5(b) of this chapter. IC 11-10-12-2 does not apply to a person who completes an assignment in a community transition program.

As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000, SEC.12.
Ind. Code § 11-13-1-9 — Indiana Code / Title 11 / Article 13 / Chapter 1 / Section 11-13-1-9
Powers and duties of judicial conference; standards
Status: in_force

Sec. 9. (a) The judicial conference of Indiana shall:

(1) keep informed of the work of all probation departments;

(2) compile and publish statistical and other information that may be of value to the probation service;

(3) inform courts and probation departments of legislation concerning probation and of other developments in probation; and

(4) require probation departments to submit a community supervision collaboration plan as described in IC 11-12-2-4.

(b) In consultation with the oversight body described in IC 2-5-36-9(6), the conference shall develop statewide juvenile probation standards for juvenile probation supervision and services that are aligned with research based practices and based on a child's risk of reoffending as measured by a validated risk and needs assessment tool. The board shall approve the standards, as described in section 8 of this chapter, not later than July 1, 2023. The standards must include the following:

(1) Guidelines for establishing consistent use of a validated risk and needs assessment tool and a validated risk screening tool.

(2) Guidelines for establishing conditions of probation supervision for informal adjustment and formal probation that are tailored to a child's individual risk and needs, including standards for case contacts.

(3) Common case planning elements based on risk principles and guidelines for engaging youth, families, and providers in case planning.

(4) Common criteria for recommending the use of out-of-home placement and commitment to the department of correction.

(5) A system of graduated responses and incentives to reward and motivate positive behavior and address violations of supervision.

The conference shall also ensure that adequate training is provided to all juvenile probation officers on the use of a risk and needs assessment tool, the use of a risk screening tool, and the updated juvenile probation standards.

(c) The conference may:

(1) visit and inspect any probation department and confer with probation officers and judges administering probation; and

(2) require probation departments to submit periodic reports of their work on forms furnished by the conference.

As added by Acts 1979, P.L.120, SEC.6. Amended by Acts 1980, P.L.89, SEC.6; P.L.98-1988, SEC.3; P.L.28-2004, SEC.84; P.L.24-2014, SEC.2; P.L.84-2022, SEC.2; P.L.101-2022, SEC.4; P.L.105-2022, SEC.28; P.L.9-2023, SEC.1.
Ind. Code § 11-12-6.5-9 — Indiana Code / Title 11 / Article 12 / Chapter 6.5 / Section 11-12-6.5-9
Responsibilities of criminal justice institute
Status: in_force

Sec. 9. (a) The Indiana criminal justice institute shall identify any federal, state, or local grants that can be used to assist in the funding and operation of regional holding facilities.

(b) To obtain necessary funding for the establishment and operation of regional holding facilities, or to provide such services through contractual agreements with public and private agencies, the commissioner may accept gifts, grants, and subsidies from any lawful source and apply for and accept federal funds.

As added by P.L.239-2019, SEC.11.
Ind. Code § 11-11-3-2 — Indiana Code / Title 11 / Article 11 / Chapter 3 / Section 11-11-3-2
Unlimited correspondence; exceptions; prior approval
Status: in_force

Sec. 2. (a) A confined person may send and receive, in any language, an unlimited amount of correspondence to or from any person, except as provided by subsection (b).

(b) The department may require prior approval of correspondence between a confined person and another person if the other person is on parole or:

(1) is being held in a correctional facility;

(2) has been sentenced to a community corrections program;

(3) is being held in a county jail; or

(4) is participating in a work release program;

operated by the department, a county sheriff, a county, the United States, or any state.

(c) If the department determines that the correspondence referred to under subsection (b) is in the best interest of both the confined person and the facility involved, such correspondence shall be permitted.

(d) When the department has prohibited correspondence referred to under subsection (b) it shall follow the procedure for notification and availability of the grievance procedure as provided in sections 4(d) and 4(e) of this chapter.

As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.150-1983, SEC.1; P.L.101-2006, SEC.21.
Ind. Code § 11-8-5-1 — Indiana Code / Title 11 / Article 8 / Chapter 5 / Section 11-8-5-1
"Personal information" defined
Status: in_force

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

As added by Acts 1979, P.L.120, SEC.1.
Ind. Code § 11-10-5-3 — Indiana Code / Title 11 / Article 10 / Chapter 5 / Section 11-10-5-3
Limited teaching and conditional vocational certificates; qualification of applicants
Status: in_force

Sec. 3. Limited certificates valid for one (1) year may be granted, upon the request of the commissioner, according to rules of the state board of education. Modification of these rules may be made by the state board of education in a way reasonably calculated to make available an adequate supply of qualified teachers. A limited certificate may be issued in cases where special education and qualifications warrant the waiver of part of the prerequisite professional education required for certification to teach in the public schools. The limited certificate, however, may be issued only to applicants who have graduated from an accredited college or university. Teachers of vocational education need not be graduates of an accredited college or university but shall meet requirements for conditional vocational certificates as determined by the department of education.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.20-1984, SEC.11; P.L.46-1992, SEC.3; P.L.1-2005, SEC.123; P.L.246-2005, SEC.97; P.L.90-2011, SEC.2.
Ind. Code § 11-12-2-2 — Indiana Code / Title 11 / Article 12 / Chapter 2 / Section 11-12-2-2
Community corrections advisory board; membership; terms; combined advisory board; officers; quorum; assistance and appropriations
Status: in_force

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

(d) Two (2) or more counties, by resolution of their county executives or, in a county having a consolidated city, by the city-county council, may combine to apply for financial aid under this chapter. If counties so combine, the counties may establish one (1) community corrections advisory board to serve these counties. This board must contain the representation prescribed in subsection (a), but the members may come from the participating counties as determined by agreement of the county executives or, in a county having a consolidated city, by the city-county council.

(e) The members of the community corrections advisory board shall, within thirty (30) days after the last initial appointment is made, meet and elect one (1) member as chairman and another as vice chairman and appoint a secretary-treasurer who need not be a member. A majority of the members of a community corrections advisory board may provide for a number of members that is:

(1) less than a majority of the members; and

(2) at least six (6);

to constitute a quorum for purposes of transacting business. The affirmative votes of at least five (5) members, but not less than a majority of the members present, are required for the board to take action. A vacancy in the membership does not impair the right of a quorum to transact business.

(f) The county executive and county fiscal body shall provide necessary assistance and appropriations to the community corrections advisory board established for that county. Appropriations required under this subsection are limited to amounts received from the following sources:

(1) Department grants.

(2) User fees.

(3) Other funds as contained within an approved plan.

Additional funds may be appropriated as determined by the county executive and county fiscal body.

As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.16-1986, SEC.6; P.L.240-1991(ss2), SEC.61; P.L.2-1992, SEC.113; P.L.4-1993, SEC.15; P.L.5-1993, SEC.28; P.L.104-1997, SEC.3; P.L.105-1997, SEC.1; P.L.34-2007, SEC.1; P.L.146-2008, SEC.371; P.L.44-2009, SEC.7; P.L.86-2017, SEC.1; P.L.76-2026, SEC.1.
Ind. Code § 11-11-5-7 — Indiana Code / Title 11 / Article 11 / Chapter 5 / Section 11-11-5-7
Need for and appropriateness of continued segregation; review
Status: in_force

Sec. 7. (a) The need for and appropriateness of continued segregation of a person committed to the department under the laws of Indiana or another jurisdiction concerning custody of adults, and segregated from the general population upon a finding of misconduct, shall be reviewed by the department at least once every thirty (30) days.

(b) The need for and appropriateness of continued segregation of a person committed to the department under the laws of Indiana or another jurisdiction concerning custody of juveniles, and segregated from the general population upon a finding of misconduct, shall be reviewed by the department at least once every three (3) days.

As added by Acts 1979, P.L.120, SEC.4.
Ind. Code § 11-11-1.5-5 — Indiana Code / Title 11 / Article 11 / Chapter 1.5 / Section 11-11-1.5-5
No investigation of certain employment complaints
Status: in_force

Sec. 5. An ombudsman shall not investigate a complaint from an employee of the department that relates to the employee's employment relationship with the department.

As added by P.L.292-2001, SEC.5.
Ind. Code § 11-8-5-5 — Indiana Code / Title 11 / Article 8 / Chapter 5 / Section 11-8-5-5
Repealed
Status: repealed

As added by Acts 1979, P.L.120, SEC.1. Repealed by P.L.19-1983, SEC.12.
Ind. Code § 11-8-4-7 — Indiana Code / Title 11 / Article 8 / Chapter 4 / Section 11-8-4-7
Reports on inmates by receiving state; review
Status: in_force

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

As added by Acts 1979, P.L.120, SEC.1.
Ind. Code § 11-10-2-7 — Indiana Code / Title 11 / Article 10 / Chapter 2 / Section 11-10-2-7
Evaluation of offender by local governmental unit or other public or private agency
Status: in_force

Sec. 7. This chapter does not preclude a local governmental unit or other public or private agency from evaluating an offender, before commitment to the department, as prescribed by sections 4 and 5 of this chapter, if that service is approved by the commissioner as a substitute for departmental services.

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