reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 1. Evaluation, Classification, and Assignment of Criminal Offenders › 11-10-1-2. Evaluation; Information to Consider; Use of Reports or Other Information; Previous Evaluations and Information; Citizenship and Immigration Status; Provide Requested Information

Sec. 2. (a) A committed criminal offender shall, within a reasonable time, be evaluated regarding:
(1) the offender's medical, psychological, educational, vocational, economic and social condition, and history;
(2) the circumstances surrounding the offender's present commitment;
(3) the offender's history of criminality;
(4) the citizenship or immigration status of the offender by making a reasonable effort to verify the offender's citizenship or immigration status with the United States Department of Homeland Security under 8 U.S.C. 1373(c); and
(5) any additional relevant matters.
(b) In making the evaluation prescribed in subsection (a), the department may utilize any presentence report, any presentence memorandum filed by the offender, any reports of any presentence physical or mental examination, the record of the sentencing hearing, or other information forwarded by the sentencing court or other agency, if that information meets the department's minimum standards for criminal offender evaluation.
(c) If an offender has undergone, within two (2) years before the date of the offender's commitment, a previous departmental evaluation under this section, the department may rely on the previous evaluation and the information used at that time. However, this subsection does not deprive an offender of the right to a medical and dental examination under IC 11-10-3.
(d) If the department is unable to verify the citizenship or immigration status of a committed criminal offender, the department shall notify the United States Department of Homeland Security that the citizenship or immigration status of the offender could not be verified. The department shall provide the United States Department of Homeland Security with any information regarding the committed criminal offender that:
(1) is requested by the United States Department of Homeland Security; and
(2) is in the department's possession or the department is able to obtain.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.171-2011, SEC.8.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 1. Evaluation, Classification, and Assignment of Criminal Offenders › 11-10-1-3. Security Classification of Offender; Determination; Assignment to Facility or Program

Sec. 3. (a) Upon completion of the evaluation prescribed in section 2 of this chapter and before assigning him to a facility or program, the department shall determine the appropriate degree of security (maximum, medium, or minimum) for each offender as described in IC 35-38-3-6. In making that determination the department shall, in addition to other relevant information, consider:
(1) the results of the evaluation prescribed in section 2 of this chapter;
(2) the recommendations of the sentencing court; and
(3) the degree and kind of custodial control necessary for the protection of the public, staff, other confined persons, and the individual being considered.
(b) After determining the offender's security classification, the department shall assign him to a facility or program; make an initial employment, education, training, or other assignment within that facility or program; and order medical, psychiatric, psychological, or other services. In making the assignment, the department shall, in addition to other relevant information, consider:
(1) the results of the evaluation prescribed in section 2 of this chapter;
(2) the offender's security classification;
(3) the offender's need for special therapy or programs, including employment, education, or training available only in specific facilities or programs;
(4) the likelihood of the offender's reintegration into the community in which the facility or program is located;
(5) the desirability of keeping the offender in a facility or program near the area in which he resided before commitment;
(6) the desires of the offender;
(7) the current population levels of the facilities or programs considered appropriate for the offender; and
(8) the length of the offender's sentence.
(c) If the department determines that a committed offender is mentally or physically incapacitated to such an extent that proper custody, care, and control cannot be provided by the department, it shall make arrangements for placement outside the department.
(d) Before assigning an offender to a facility or program, the department shall give him an opportunity to present pertinent information; discuss with him all aspects of the evaluation, classification, and assignment process; and work with him to determine a fair and appropriate assignment.
(e) If an offender is sentenced to a term of imprisonment of one (1) year or less, the department may make an assignment under this section without making the evaluation prescribed in section 2 of this chapter. In determining the length of an offender's term, consecutive terms of imprisonment shall be added together.
(f) This section does not prohibit the temporary assignment of an offender pending evaluation and classification.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.5-1988, SEC.60.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 1. Evaluation, Classification, and Assignment of Criminal Offenders › 11-10-1-4. Court Order for Evaluation, Classification, and Determination of Proposed Assignment

Sec. 4. Unless notified by the department that adequate space is unavailable, a court may order an offender who is to be sentenced by it and is subject to commitment to the department to be temporarily committed to the department, for not more than thirty (30) days, for evaluation, classification, and determination of proposed assignment under sections 2 and 3 of this chapter. The department shall forward to the court its written findings and recommendations.
As added by Acts 1979, P.L.120, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 1. Evaluation, Classification, and Assignment of Criminal Offenders › 11-10-1-5. Evaluation and Classification of Offender by Local Governmental Unit or Other Public or Private Agency

Sec. 5. This chapter does not preclude a local governmental unit or other public or private agency from evaluating or classifying an offender, before commitment to the department, as prescribed by sections 2 and 3 of this chapter, if those services are approved by the commissioner as a substitute for departmental services.
As added by Acts 1979, P.L.120, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 1. Evaluation, Classification, and Assignment of Criminal Offenders › 11-10-1-6. Annual Review of Committed Offender of Current Classification Assignment; Decision

Sec. 6. The department shall, at least annually, review, in accord with sections 2 and 3 of this chapter, every committed offender not on parole to determine the appropriateness of his current classification and assignment and to make a classification-assignment decision based upon that review. Before making a classification-assignment decision the department shall interview the offender, discuss with him the information on which the decision will be based, and allow him to challenge that information and present pertinent information of his own. The department shall promptly notify the offender, in writing, of his classification-assignment decision and the reasons for it.
As added by Acts 1979, P.L.120, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 1. Evaluation, Classification, and Assignment of Criminal Offenders › 11-10-1-7. Involuntary Segregation of Offender; Review; Disciplinary Segregation

Sec. 7. (a) An offender may be involuntarily segregated from the general population of a facility or program if the department first finds that segregation is necessary for the offender's own physical safety or the physical safety of others.
(b) The department shall review an offender so segregated at least once every thirty (30) days to determine whether the reason for segregation still exists.
(c) This section does not apply to disciplinary segregation under IC 11-11-5.
As added by Acts 1979, P.L.120, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 2. Commitment, Evaluation, and Assignment of Delinquent Offenders › 11-10-2-0.3. Property Tax Levies to Reimbursement of Department for Keeping Delinquent Offenders; Transfer of Costs to State; Transitional Matters

Sec. 0.3. (a) A county may not impose a property tax levy after December 31, 2008, for the county general fund to the extent that the levy is for the reimbursement of the department of correction under IC 11-10-2-3 (before its repeal by P.L.146-2008) or a related provision for the costs of keeping delinquent offenders.
(b) The obligation to pay the costs of keeping delinquent offenders (as defined in IC 11-8-1-9), to the extent that the costs are for services delivered after December 31, 2008, is transferred from the counties to the state. The obligation transferred includes the costs of using after December 31, 2008, an institution or a facility in Indiana for providing educational services that, before January 1, 2009, were chargeable to a county family and children's fund, a county office, or a county under IC 20-26-11-12, IC 20-26-11-13, or IC 20-33-2-29.
(c) The following definitions apply throughout this subsection:
(1) "Account" means an obligation of a county under IC 11-10-2-3 (before its repeal by P.L.146-2008) or another law to reimburse the state, including the department of correction, for the cost of keeping a delinquent offender before January 1, 2009.
(2) "Delinquent account" means an account that has not been paid to the state before six (6) months after the account is forwarded under this section or IC 4-24-7-4 (before its amendment by P.L.146-2008).
All accounts accruing before January 1, 2009, and not previously forwarded to a county auditor, and any reconciliations for any period before January 1, 2009, shall be forwarded to the county auditor before March 16, 2009. Upon receipt of an account, the county auditor shall draw a warrant on the treasurer of the county for the payment of the account, which shall be paid from the funds of the county that were appropriated for the payment. The county council of each county shall appropriate sufficient funds to pay these accounts.
(d) A county and the department of correction may enter into agreements to resolve any issues arising under P.L.146-2008 concerning payments to vendors, payments to the county, payments to the state (including payments due for commitments before January 1, 2009), collection of amounts due to a county or the state from a parent, guardian, or custodian, and other matters affected by P.L.146-2008. Notwithstanding P.L.146-2008, the agreement, if approved by the governor and the county fiscal body, governs the responsibilities of the state and the county.
(e) This section applies notwithstanding any other law.
As added by P.L.220-2011, SEC.246.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 2. Commitment, Evaluation, and Assignment of Delinquent Offenders › 11-10-2-2. Commitment or Award of Guardianship; Governing Facts

Sec. 2. Except as provided by section 6 of this chapter, the commitment or award of guardianship of a delinquent offender to the department is governed by the following:
(1) All commitments are to the department as opposed to a specific facility. The department shall determine the facility or program assignment. The initial conveyance of an offender must be to a place designated by the department.
(2) No offender under twelve (12) years of age or eighteen (18) years of age or older may be committed to the department.
(3) No offender known to be pregnant may be committed to the department.
As added by Acts 1979, P.L.120, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 2. Commitment, Evaluation, and Assignment of Delinquent Offenders › 11-10-2-3. Repealed

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.246-2005, SEC.95. Repealed by P.L.146-2008, SEC.808.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 2. Commitment, Evaluation, and Assignment of Delinquent Offenders › 11-10-2-4. Evaluation; Information to Consider; Utilization of Reports or Other Information; Previous Evaluations and Information

Sec. 4. (a) A committed offender shall, within a reasonable time, be evaluated regarding:
(1) his medical, psychological, educational, vocational, economic and social condition, and history;
(2) the circumstances surrounding his present commitment;
(3) his history of delinquency; and
(4) any additional relevant matters.
(b) In making the evaluation prescribed in subsection (a), the department may utilize reports of any precommitment physical or mental examination or other information or records forwarded by the committing court or other agency, if that information meets the department's minimum standards for delinquent offender evaluation.
(c) If a committed offender has undergone, within one (1) year before the date of his commitment, a previous departmental evaluation under this section, the department may rely on the previous evaluation and the information used at that time. However, this subsection does not deprive an offender of the right to a medical and dental examination under IC 11-10-3.
As added by Acts 1979, P.L.120, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 2. Commitment, Evaluation, and Assignment of Delinquent Offenders › 11-10-2-5. Assignment to Facility or Program

Sec. 5. (a) Upon completion of the evaluation prescribed in section 4 of this chapter, the department shall assign the offender to a facility or program; make an initial education, training, employment, or other assignment within that facility or program; and order medical, psychiatric, psychological, or other services it considers appropriate. In making the assignment, the department shall, among other relevant information, consider:
(1) the results of the evaluation prescribed in section 4 of this chapter;
(2) the recommendations of the committing court;
(3) the offender's need for special therapy or programs, including education, training, or employment available only in specific facilities or programs;
(4) the degree and type of custodial control necessary for the protection of the public, staff, other committed offenders, and the individual being considered;
(5) the likelihood of the offender's reintegration into the community in which the facility or program is located;
(6) the desirability of keeping the offender in a facility or program near the area in which he resided before commitment;
(7) the desires of the offender and his parents, guardian, or custodian;
(8) the current population levels of the facilities or programs considered appropriate for the offender; and
(9) the probable length of commitment.
(b) If the department determines that a committed offender is mentally or physically incapacitated to such an extent that proper custody, care, and control cannot be provided by the department, it shall make arrangements for placement outside the department.
(c) If an offender is found to be pregnant, the department may return her to the committing court for further disposition.
(d) Before assigning an offender to a facility or program, the department shall give him an opportunity to present pertinent information, discuss with him all aspects of the evaluation and assignment process, and work with him to determine a fair and appropriate assignment.
(e) The department shall, by certified mail, return receipt requested, notify the parent, guardian, custodian, or nearest relative of any committed offender of his physical location and any change in that location.
(f) This section does not preclude the temporary assignment of an offender pending evaluation.
As added by Acts 1979, P.L.120, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 2. Commitment, Evaluation, and Assignment of Delinquent Offenders › 11-10-2-6. Court Order for Evaluation and Determination of Proposed Assignment

Sec. 6. A juvenile court may order a juvenile offender who is before the court for disposition and is subject to commitment to the department to be temporarily committed to the department, for not more than fourteen (14) days (excluding Saturdays, Sundays, and legal holidays) for evaluation and determination of proposed assignment under sections 4 and 5 of this chapter. The department shall forward to the court its written findings and recommendations.
As added by Acts 1979, P.L.120, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 2. Commitment, Evaluation, and Assignment of Delinquent Offenders › 11-10-2-7. Evaluation of Offender by Local Governmental Unit or Other Public or Private Agency

Sec. 7. This chapter does not preclude a local governmental unit or other public or private agency from evaluating an offender, before commitment to the department, as prescribed by sections 4 and 5 of this chapter, if that service is approved by the commissioner as a substitute for departmental services.
As added by Acts 1979, P.L.120, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 2. Commitment, Evaluation, and Assignment of Delinquent Offenders › 11-10-2-8. Semiannual Review of Current Assignment of Committed Offender; Decision

Sec. 8. The department shall, at least semiannually, review in accord with sections 4 and 5 of this chapter every committed offender who is not on parole to determine the appropriateness of his current assignment and to make an assignment decision based upon that review. Before making an assignment decision, the department shall interview the offender, discuss with him the information on which the decision will be based, and allow him to challenge that information and present pertinent information of his own. The department shall promptly notify the offender, in writing, of its assignment decision and the reasons for it.
As added by Acts 1979, P.L.120, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 2. Commitment, Evaluation, and Assignment of Delinquent Offenders › 11-10-2-9. Involuntary Segregation of Offender; Review; Disciplinary Segregation

Sec. 9. (a) An offender may be involuntarily segregated from the general population of a facility or program if the department first finds that segregation is necessary for the offender's own physical safety or the physical safety of others.
(b) The department shall review an offender so segregated at least once every thirty (30) days to determine whether the reason for segregation still exists.
(c) This section does not apply to disciplinary segregation under IC 11-11-5.
As added by Acts 1979, P.L.120, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 2. Commitment, Evaluation, and Assignment of Delinquent Offenders › 11-10-2-10. Transfer to Adult Facility or Program; Requirements; Custody

Sec. 10. (a) The commissioner may transfer a committed delinquent offender to an adult facility or program according to the following requirements:
(1) The offender must be seventeen (17) years of age or older at the time of transfer.
(2) The department must determine that:
(A) either the offender is incorrigible to the degree that his presence at a facility or program for delinquent offenders is seriously detrimental to the welfare of other offenders, or the transfer is necessary for the offender's own physical safety or the physical safety of others; and
(B) there is no other action reasonably available to alleviate the problem.
(3) No offender may be transferred to the Indiana state prison or the Pendleton Correctional Facility.
(b) The offender is under the full custody of the adult facility or program to which he is transferred until he is returned to a facility or program for delinquent offenders, except that his parole or discharge from the department shall be determined under IC 11-13-6.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.12-1996, SEC.9.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 2. Commitment, Evaluation, and Assignment of Delinquent Offenders › 11-10-2-11. Division of Youth Services Transitional Fund

Sec. 11. (a) The division of youth services transitional services fund is established for the purposes described in subsection (e). The department shall administer the fund.
(b) The fund consists of money collected under IC 31-40-1-3.5.
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
(d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(e) Money in the fund is for the purposes of:
(1) augmenting and supplementing the funds appropriated to the department of correction to provide juvenile transitional services to delinquent offenders; and
(2) paying collection costs incurred under IC 31-40-1-3.5.
As added by P.L.204-2011, SEC.1.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 3. Medical Care › 11-10-3-1. Definitions

Sec. 1. The following definitions apply throughout this chapter:
(1) "Offender patient" means an individual incarcerated at a facility operated by the department.
(2) "Physician" means an individual holding a license to practice medicine in Indiana, issued by the medical licensing board of Indiana, or a medical officer of the United States government who is in Indiana performing his official duties.
(3) "Psychiatrist" means a physician who is certified or board qualified by the American Board of Psychiatry and Neurology, or a board with equivalent standards approved by the American Osteopathic Association.
(4) "Psychologist" means an individual holding a valid certificate to practice psychology in Indiana, issued by the state psychology board.
(5) "Qualified medical personnel" means individuals engaged in the delivery of a medical or health care service who have been licensed, certified, or otherwise properly qualified under the laws of Indiana applicable to that particular service.
(6) "Sexual reassignment surgery" means performing any of the following surgical procedures for the purpose of attempting to alter the appearance of, or affirm the offender patient's perception of, his or her gender or sex, if that appearance or perception is inconsistent with the offender patient's sex:
(A) Surgeries that sterilize, including castration, vasectomy, hysterectomy, oophorectomy, orchiectomy, and penectomy.
(B) Surgeries that artificially construct tissue with the appearance of genitalia that differs from the offender patient's sex, including metoidioplasty, phalloplasty, and vaginoplasty.
(C) Removing any healthy or non-diseased body part or tissue.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.149-1987, SEC.1; P.L.90-2023, SEC.1.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 3. Medical Care › 11-10-3-2. Examination for Communicable Diseases and Conditions on Commitment; Medical and Dental Examination; Care Committed Person Entitled To; Prohibited Acts

Sec. 2. (a) An individual committed to the department shall be immediately examined for communicable diseases and conditions by qualified medical personnel under the direct supervision of a physician. New admittees shall be segregated from the general population of a facility or program to the extent required by acceptable medical practice and standards until this examination is completed.
(b) Within fourteen (14) days after commitment to the department, an individual shall be given the opportunity to receive a thorough medical and dental examination conducted according to acceptable medical practices and standards. All subsequent routine medical or dental examinations shall be scheduled by direction of a physician or dentist.
(c) A confined person is entitled to:
(1) medical care, medical personnel, and medical facilities of a quality complying with applicable state licensing requirements;
(2) first aid or emergency medical treatment on a twenty-four (24) hour basis; and
(3) mental health care by a psychiatrist, a psychologist, or another mental health professional.
(d) A committed person may not prescribe, dispense, or administer drugs or medication.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.135-1993, SEC.1.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 3. Medical Care › 11-10-3-2.5. Offender Blood Testing; Confidentiality; Reporting Requirements

Sec. 2.5. (a) As used in this section, "confirmatory test" means a laboratory test or a series of tests approved by the Indiana department of health and used in conjunction with a screening test to confirm or refute the results of the screening test for the human immunodeficiency virus (HIV) antigen or antibodies to the human immunodeficiency virus (HIV).
(b) As used in this section, "screening test" means a laboratory screening test or a series of tests approved by the Indiana department of health to determine the possible presence of the human immunodeficiency virus (HIV) antigen or antibodies to the human immunodeficiency virus (HIV).
(c) For an individual who is committed to the department after June 30, 2001, the examination required under section 2(a) of this chapter must include the following:
(1) A blood test for hepatitis C.
(2) A screening test for the human immunodeficiency virus (HIV) antigen or antibodies to the human immunodeficiency virus (HIV).
(d) If the screening test required under subsection (c)(2) indicates the presence of antibodies to the human immunodeficiency virus (HIV), the department shall administer a confirmatory test to the individual.
(e) The department may require an individual who:
(1) was committed to the department before July 1, 2001; and
(2) is in the custody of the department after June 30, 2001;
to undergo the tests required by subsection (c) and, if applicable, subsection (d).
(f) Except as otherwise provided by state or federal law, the results of a test administered under this section are confidential.
(g) The department shall include statistical information on the number of individuals tested and the number of positive test results determined under this section in the annual report made under IC 11-8-2-5(a)(16).
As added by P.L.293-2001, SEC.1. Amended by P.L.28-2004, SEC.83; P.L.130-2018, SEC.36; P.L.56-2023, SEC.79.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 3. Medical Care › 11-10-3-3.5. Restrictions on Sexual Reassignment Surgery

Sec. 3.5. (a) The department may not authorize the payment of any money, the use of any state resources, or the payment of any federal money administered by the state to provide or facilitate sexual reassignment surgery to an offender patient.
(b) This section does not apply to offender patients approved by the department for sexual reassignment surgery prior to July 1, 2023.
As added by P.L.90-2023, SEC.2.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 3. Medical Care › 11-10-3-4. Directives; Inspections of Health Facilities and Hospitals; Definition; Unused Medications and Supplies

Sec. 4. (a) The department shall establish directives governing:
(1) medical care to be provided to committed individuals, including treatment for intellectual disabilities, alcoholism, and drug addiction;
(2) administration of medical facilities and health centers operated by the department;
(3) medical equipment, supplies, and devices to be available for medical care;
(4) provision of special diets to committed individuals;
(5) acquisition, storage, handling, distribution, and dispensing of all medication and drugs;
(6) the return of unused medications that meet the requirements of IC 25-26-13-25(k)(1) through IC 25-26-13-25(k)(6) to the pharmacy that dispensed the medication;
(7) training programs and first aid emergency care for committed individuals and department personnel;
(8) medical records of committed individuals; and
(9) professional staffing requirements for medical care.
(b) The 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.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 3. Medical Care › 11-10-3-5. Copayment Requirements; Exceptions

Sec. 5. (a) This section does not apply to a person committed to the department who:
(1) maintains a policy of insurance from a private company covering:
(A) medical care;
(B) dental care;
(C) eye care; or
(D) any other health care related service; or
(2) is willing to pay for the person's own medical care.
(b) Except as provided in subsection (c), a person committed to the department may be required to make a copayment in an amount of not more than ten dollars ($10) for each provision of any of the following services:
(1) Medical care.
(2) Dental care.
(3) Eye care.
(4) Any other health care related service.
(c) A person committed to the department is not required to make the copayment under subsection (b) if:
(1) the person does not have funds in the person's commissary account or trust account at the time the service is provided;
(2) the person does not have funds in the person's commissary account or trust account within thirty (30) days after the service is provided;
(3) the service is provided in an emergency;
(4) the service is provided as a result of an injury received in the correctional facility; or
(5) the service is provided at the request of the administrator of the correctional facility.
(d) Money collected under this section must be used to reimburse the department whenever a person makes a copayment as a result of health care related services provided during the person's confinement in a correctional facility.
(e) The department shall adopt rules under IC 4-22-2 to implement this section.
As added by P.L.143-1995, SEC.1.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 3. Medical Care › 11-10-3-6. Payment of Medical Expenses of Person Committed to Department

Sec. 6. (a) This section:
(1) does not apply in the case of a person who is subject to lawful detention by a county sheriff and is:
(A) covered under private health coverage for health care services; or
(B) willing to pay for the person's own health care services;
(2) does not apply to an inmate receiving inpatient services under section 7 of this chapter; and
(3) does not affect copayments required under section 5 of this chapter.
(b) The following definitions apply throughout this section:
(1) "Charge description master" means a listing of the amount charged by a hospital for each service, item, and procedure:
(A) provided by the hospital; and
(B) for which a separate charge exists.
(2) "Health care service" means the following:
(A) Medical care.
(B) Dental care.
(C) Eye care.
(D) Any other health care related service.
The term includes health care items and procedures.
(c) Except as provided in subsection (d), when the department or a county is responsible for payment for health care services provided to a person who is committed to the department, the department shall reimburse:
(1) a physician licensed under IC 25-22.5;
(2) a hospital licensed under IC 16-21-2; or
(3) another health care provider;
for the cost of a health care service at the federal Medicare reimbursement rate for the health care service provided plus four percent (4%).
(d) If there is no federal Medicare reimbursement rate for a health care service described in subsection (c), the department shall do the following:
(1) If the health care service is provided by a hospital, the department shall reimburse the hospital an amount equal to sixty-five percent (65%) of the amount charged by the hospital according to the hospital's charge description master.
(2) If the health care service is provided by a physician or another health care provider, the department shall reimburse the physician or health care provider an amount equal to sixty-five percent (65%) of the amount charged by the physician or health care provider.
As added by P.L.229-2011, SEC.102. Amended by P.L.205-2013, SEC.169; P.L.185-2015, SEC.1.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 3. Medical Care › 11-10-3-7. Determination on Coverage of Insurance for Medical Care Expenses; Department as Medicaid Authorized Representative; Memorandum of Understanding; Reimbursement for Medical Care

Sec. 7. (a) If the department or a county incurs medical care expenses in providing medical care to an inmate who is committed to the department and the medical care expenses are not reimbursed, the department or the county shall attempt to determine the amount, if any, of the medical care expenses that may be paid:
(1) by a policy of insurance that is maintained by the inmate and that covers medical care, dental care, eye care, or any other health care related service; or
(2) by Medicaid.
(b) For an inmate who:
(1) is committed to the department and resides in a department facility or jail;
(2) incurs or will incur medical care expenses that are not otherwise reimbursable;
(3) is unwilling or unable to pay for the inmate's own health care services; and
(4) is potentially eligible for Medicaid (IC 12-15);
the department is the inmate's Medicaid authorized representative and may apply for Medicaid on behalf of the inmate.
(c) The department and the office of the secretary of family and social services shall enter into a written memorandum of understanding providing that the department shall reimburse the office of the secretary for administrative costs and the state share of the Medicaid costs incurred for an inmate.
(d) Reimbursement under this section for reimbursable health care services provided by a health care provider, including a hospital, to an inmate as an inpatient in a hospital must be as follows:
(1) For inmates eligible and participating in the healthy Indiana plan (IC 12-15-44.5), the reimbursement rates described in IC 12-15-44.5-5.
(2) For inmates other than those described in subdivision (1) who are eligible under the Medicaid program, the reimbursement rates provided under the Medicaid program, except that reimbursement for inpatient hospital services shall be reimbursed at rates equal to the fee-for-service rates described in IC 16-21-10-8(a)(1).
Hospital assessment fee funds collected under IC 16-21-10 or the healthy Indiana plan trust fund (IC 12-15-44.2-17) may not be used as the state share of Medicaid costs for the reimbursement of health care services provided to the inmate as an inpatient in the hospital.
As added by P.L.205-2013, SEC.170. Amended by P.L.185-2015, SEC.2; P.L.30-2016, SEC.1.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 3.5. Pregnant Inmates › 11-10-3.5-1. Definitions

Sec. 1. The following definitions apply throughout this chapter:
(1) "Correctional facility" has the meaning set forth in IC 5-1.2-2-11.
(2) "Pregnant inmate" means a confined person who is pregnant.
(3) "Restraints" means any mechanical device used to control the movement of a pregnant inmate's body or limbs, including handcuffs, leg shackles, and belly chains.
As added by P.L.78-2022, SEC.5.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 3.5. Pregnant Inmates › 11-10-3.5-2. Prenatal and Postnatal Care; Treatment

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.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 3.5. Pregnant Inmates › 11-10-3.5-3. Use of Restraints on a Pregnant Inmate

Sec. 3. (a) A correctional facility may restrain an inmate known to be pregnant if an individualized determination is made by the correctional facility that restraints are reasonably necessary for the legitimate safety and security needs of the pregnant inmate, staff, other inmates, or the public.
(b) If restraints are determined to be necessary, the restraints must be the least restrictive available and the most reasonable under the circumstances. A correctional facility may do the following:
(1) Use the least restrictive restraints necessary on a pregnant inmate when the pregnant inmate is in the second or third trimester of pregnancy.
(2) Use no restraints on a pregnant inmate:
(A) who is in labor;
(B) delivering a baby;
(C) during the immediate postdelivery period; or
(D) dealing with a medical emergency related to the pregnancy.
(c) A correctional facility may use the least restrictive restraints necessary on a pregnant inmate described in subsection (b)(1) if the correctional facility has actual or constructive knowledge that the pregnant inmate is in the second or third trimester of pregnancy.
(d) A correctional facility may only use the least restrictive restraints necessary on a pregnant inmate described in subsection (b)(2) if:
(1) the pregnant inmate presents an immediate danger to the pregnant inmate or to others; or
(2) the pregnant inmate is a substantial flight risk and cannot be contained by any other reasonable means.
(e) A correctional facility may restrain a pregnant inmate while the inmate is being transported if the restraints are applied in such a way that the pregnant inmate may be able to protect the inmate and the inmate's fetus in the event of a forward fall.
As added by P.L.78-2022, SEC.5.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 3.5. Pregnant Inmates › 11-10-3.5-4. Staff Training

Sec. 4. The warden of each correctional facility housing a pregnant inmate shall ensure that staff members of the facility who come into contact with pregnant inmates incarcerated at the facility are provided training concerning the requirements under this chapter.
As added by P.L.78-2022, SEC.5.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 4. Care and Treatment of Mentally Ill Offenders › 11-10-4-1. Definitions

Sec. 1. (a) As used in this chapter, the terms used in IC 12-26 have the meanings set forth in IC 12-7-2.
(b) As used in this chapter, "qualified medical personnel" has the meaning set out in IC 11-10-3-1.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.2-1992, SEC.103.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 4. Care and Treatment of Mentally Ill Offenders › 11-10-4-2. Providing Care and Treatment

Sec. 2. The department shall provide for the care and treatment of every confined offender who is determined to be mentally ill by a psychiatrist employed or retained by the department. To provide that care and treatment, the department may:
(1) establish and operate its own mental health facilities and programs;
(2) transfer offenders to the division of mental health and addiction, subject to the approval of the director of the division of mental health and addiction; or
(3) contract with any city, county, state, or federal authority or with other public or private organizations for the provision of care and treatment.
As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1980, P.L.87, SEC.1; P.L.2-1992, SEC.104; P.L.135-1993, SEC.2; P.L.215-2001, SEC.19.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 4. Care and Treatment of Mentally Ill Offenders › 11-10-4-4. Voluntary Transfers to Division of Mental Health and Addiction or Mental Health Facility

Sec. 4. (a) An offender who believes the offender to have a mental illness and to be in need of care and treatment in the division of mental health and addiction or a mental health facility shall, at the offender's request for transfer, be examined by a psychiatrist employed or retained by the department of correction, who shall report the psychiatrist's findings to the department of correction. If the report states that the offender has a mental illness and is in need of care and treatment in the division of mental health and addiction or a mental health facility, the department of correction shall transfer the offender to the division of mental health and addiction, subject to the approval of the director of the division of mental health and addiction, or to a mental health facility. If the department of correction intends to transfer an offender to the division of mental health and addiction, the department of correction shall transmit a copy of the psychiatrist's report to the division of mental health and addiction.
(b) Section 3(c) and 3(d) of this chapter apply to transfers under this section.
As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1980, P.L.87, SEC.3; P.L.2-1992, SEC.106; P.L.215-2001, SEC.21; P.L.99-2007, SEC.40.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 4. Care and Treatment of Mentally Ill Offenders › 11-10-4-5. Transfer Not to Extend Offender's Term of Imprisonment or Confinement; Commitment Proceedings

Sec. 5. A transfer under this chapter does not extend an offender's term of imprisonment or commitment. However, if it is determined that an offender transferred under this chapter will be in need of mental health care and treatment after the offender's term of imprisonment or commitment ends, the division of mental health and addiction or facility to which the offender was transferred may institute commitment proceedings under IC 12-26.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.2-1992, SEC.107; P.L.215-2001, SEC.22.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 4. Care and Treatment of Mentally Ill Offenders › 11-10-4-6. Administration of Drug for Controlling Mental or Emotional Disorder; Requirements

Sec. 6. The administration of a drug by the department for the purpose of controlling a mental or emotional disorder is subject to the following requirements:
(1) The particular drug must be prescribed by a physician who has examined the offender.
(2) The drug must be administered by either a physician or qualified medical personnel under the direct supervision of a physician.
(3) The offender must be periodically observed, during the duration of the drug's effect, by qualified medical personnel.
(4) A drug may be administered for a period longer than seventy-two (72) hours only if the administration is part of a psychotherapeutic program of treatment prescribed and detailed in writing by a physician.
(5) A drug may be administered for the purpose of controlling substance abuse, including a federal Food and Drug Administration approved long acting, nonaddictive medication for the treatment of opioid or alcohol dependence.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.187-2015, SEC.2; P.L.209-2015, SEC.2.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 4. Care and Treatment of Mentally Ill Offenders › 11-10-4-6.6. Repealed

As added by P.L.170-2009, SEC.1. Amended by P.L.143-2011, SEC.2. Repealed by P.L.133-2012, SEC.66.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 4. Care and Treatment of Mentally Ill Offenders › 11-10-4-8. Notification to Division of Mental Health and Addiction of Commitment of Offender; Copy of Evaluation

Sec. 8. Whenever an offender sentenced under IC 35-36-2-5 is committed to the department of correction, the department of correction shall immediately inform the division of mental health and addiction of the commitment and provide the division of mental health and addiction with a copy of the evaluation made by the department of correction under IC 11-10-1-2.
As added by P.L.127-1985, SEC.1. Amended by P.L.2-1992, SEC.108; P.L.215-2001, SEC.23.