reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 4. Care and Treatment of Mentally Ill Offenders › 11-10-4-9. Transfer of Mental Health and Health Records

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.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 5. Academic and Vocational Education › 11-10-5-1. Implementation of Academic and Vocational Education Curricula and Programs; Funding

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.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 5. Academic and Vocational Education › 11-10-5-2. Adoption of Rules for Licensing of Teachers

Sec. 2. The state board of education shall, in accord with IC 20-28-4 and IC 20-28-5, adopt rules under IC 4-22-2 for the licensing of teachers to be employed by the department.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.20-1984, SEC.10; P.L.46-1992, SEC.2; P.L.1-2005, SEC.122; P.L.246-2005, SEC.96; P.L.90-2011, SEC.1.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 5. Academic and Vocational Education › 11-10-5-3. Limited Teaching and Conditional Vocational Certificates; Qualification of Applicants

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.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 5. Academic and Vocational Education › 11-10-5-4. Repealed

As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1982, P.L.92, SEC.1; P.L.96-1988, SEC.1; P.L.12-1992, SEC.68; P.L.170-2002, SEC.79. Repealed by P.L.100-2012, SEC.31.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 5. Academic and Vocational Education › 11-10-5-5. Employee Wage Payment Arrangements

Sec. 5. (a) Notwithstanding IC 22-2-5-2, the correctional institution and:
(1) an employee if there is no representative described under subdivision (2) or (3) for that employee;
(2) the exclusive representative of its certificated employees with respect to those employees; or
(3) a labor organization representing its noncertificated employees with respect to those employees;
may agree in writing to a wage payment arrangement.
(b) A wage payment arrangement under subsection (a) may provide that compensation earned during a school year may be paid:
(1) using equal installments or any other method; and
(2) over:
(A) all or part of that school year; or
(B) any other period that begins not earlier than the first day of that school year and ends not later than thirteen (13) months after the wage payment arrangement period begins.
Such an arrangement may provide that compensation earned in a calendar year is paid in the next calendar year, so long as all the compensation is paid within the thirteen (13) month period beginning with the first day of the school year.
(c) A wage payment arrangement under subsection (a) must be structured in such a manner so that it is not considered:
(1) a nonqualified deferred compensation plan for purposes of Section 409A of the Internal Revenue Code; or
(2) deferred compensation for purposes of Section 457(f) of the Internal Revenue Code.
(d) Absent an agreement under subsection (a), the correctional institution remains subject to IC 22-2-5-1.
(e) Wage payments required under a wage payment arrangement entered into under subsection (a) are enforceable under IC 22-2-5-2.
(f) If an employee leaves employment for any reason, either permanently or temporarily, the amount due the employee under IC 22-2-5-1 and IC 22-2-9-2 is the total amount of the wages earned and unpaid.
(g) Employment with the correctional institution may not be conditioned upon the acceptance of a wage payment arrangement under subsection (a).
(h) An employee may revoke a wage payment arrangement under subsection (a) at the beginning of each school year.
As added by P.L.41-2009, SEC.1.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 5. Academic and Vocational Education › 11-10-5-6. Educational Assistance for Tuition, Books, and Supplies

Sec. 6. The department may provide financial assistance for tuition, books, and supplies for an offender who:
(1) is:
(A) convicted of a felony;
(B) sentenced to a term of imprisonment for that felony; and
(C) confined for that felony by the department; and
(2) enrolls in a degree program at an eligible institution (as defined in IC 21-12-1-8(2)) of higher education.
As added by P.L.229-2011, SEC.103.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 6. General Provisions Concerning Offender Employment › 11-10-6-1. Industry and Farm Product Advisory Council; Establishment; Duties; Meetings, Membership

Sec. 1. (a) There is hereby established an industry and farm product advisory council to assist the department in determining the need for products, the estimated volume or number of units required, pricing policies, and other matters relating to sales or promotion of such products manufactured or produced within the correctional system. The commissioner shall inform the council each year of the estimated number of offenders required to be employed at each institution during the year by the department and the offender work schedules for industry and farm production. With data furnished by the department, the council shall recommend to the commissioner an annual sales and production plan for all industry and farm programs. The council shall study and advise in such other areas or matters as may be referred by the commissioner or the administrator in charge of industry and farm programs.
(b) The council shall meet annually or at such other times as the commissioner considers necessary. The council is composed of the following members:
(1) the commissioner, who shall be chairman;
(2) the commissioner of the department of administration;
(3) the state budget director;
(4) the administrator in charge of the industry and farm programs, who shall act as secretary of the council; and
(5) the commissioner, at his discretion, may appoint two (2) persons who are major users of industry and farm products or who represent the general public.
As added by Acts 1979, P.L.120, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 6. General Provisions Concerning Offender Employment › 11-10-6-2. Industry and Farm Programs; Establishment and Administration; Recycling Programs

Sec. 2. (a) The department shall establish, maintain, and operate industry and farm 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 and farm programs. The commissioner or the administrator in charge of the industry and farm programs shall be responsible for planning, coordination, operation, and employment and supervision of personnel of the industry and farm 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 and farm 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.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 6. General Provisions Concerning Offender Employment › 11-10-6-3. Duties and Opportunities of Confined Persons

Sec. 3. (a) A confined person may be required to keep his own living quarters clean and orderly.
(b) A confined offender may be required to:
(1) perform general maintenance work and assist in providing other services essential to the administration of the facility or program; and
(2) work in a business, commercial, industrial, or agricultural enterprise operated by the department.
(c) A confined offender may not be denied the opportunity to participate in educational, training, or voluntary employment programs solely because of compulsory work.
(d) 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 earned under subsection (b)(2) shall be deposited in the offender's reentry administrative account.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.104-2009, SEC.1.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 6. General Provisions Concerning Offender Employment › 11-10-6-5. Sale of Goods in Open Market

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.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 6. General Provisions Concerning Offender Employment › 11-10-6-6. Industry and Farm Products Revolving Fund; Establishment; Review; Revenues

Sec. 6. (a) The industry and farm products revolving fund is established. The department shall:
(1) annually review the revolving fund for the purpose of determining whether the current level is adequate to meet the expenditures required to sustain offender employment programs; and
(2) include in the annual report made under IC 11-8-2-5(a)(16) its recommendations regarding any changes in the amount of the fund.
(b) All revenues derived from the sale of goods produced or manufactured by the department, from the lease of farm land and appurtenances operated by the department's industry and farm program, or from the employment of offenders by other state agencies or political subdivisions shall be paid into the fund to be expended in the manner provided by law.
As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1980, P.L.88, SEC.1; P.L.130-2018, SEC.37.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 6. General Provisions Concerning Offender Employment › 11-10-6-7. Industry and Farm Products Revolving Fund; Request for Allocation; Records; Annual Budget

Sec. 7. The department shall:
(1) request the state budget agency to allocate, as needed, funds from the revolving fund for the cost of operating the department's industry and farm programs for offender employment;
(2) keep complete records showing all transactions in such a manner as to be able to prepare at the end of each fiscal year, an operating statement for each industry and farm program operated by the department; the department shall also prepare an annual consolidated operating statement for all industry and farm programs; and
(3) prepare, prior to the beginning of each fiscal year, an annual budget of proposed expenditures for industry and farm programs, including expenditures for offender compensation; this annual budget shall be submitted to the state budget agency for approval, and no expenditure in excess of this approved budget may be made without the approval of the state budget agency.
As added by Acts 1979, P.L.120, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 6. General Provisions Concerning Offender Employment › 11-10-6-8. Industry and Farm Products Revolving Fund; Excess Cash Assets; Remaining Cash Assets

Sec. 8. Any cash assets in excess of one million five hundred thousand dollars ($1,500,000) remaining in the industry and farm 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 and farm 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 auditor of state.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.149-1983, SEC.1.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 6. General Provisions Concerning Offender Employment › 11-10-6-9. Advances for Purchasing Materials, Supplies, or Equipment Used in Manufacturing or Processing Goods

Sec. 9. Upon the request of a state department, agency, or institution and with the approval of the state budget agency, funds appropriated to that department, agency, or institution for goods to be furnished by the department of correction may be wholly or partially advanced to the offender employment revolving fund to assist in purchasing materials, supplies, or equipment used in manufacturing or processing those goods.
As added by Acts 1979, P.L.120, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 6. General Provisions Concerning Offender Employment › 11-10-6-10. Claims for Payment for Supplies and Services Furnished by Correctional Facilities to Programs

Sec. 10. Claims for payment for supplies and services furnished by the correctional facilities to the industry and farm programs during the applicable accounting period in the operation of offender employment programs established in those facilities shall be presented to the department. These claims shall be itemized and, if allowed, shall be paid from the industry and farm products revolving fund. No part of the revolving fund shall be used for the purpose of paying the salaries of employees and offenders, other than those who are engaged in the administration and operation of an industry and farm program.
As added by Acts 1979, P.L.120, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 6. General Provisions Concerning Offender Employment › 11-10-6-11. Contract for Management of Program or Activity Operated for Employment of Offenders

Sec. 11. The department may contract with private persons or businesses, or governmental agencies and political subdivisions of the state, for the management of any industry and farm program or activity operated for the employment of offenders.
As added by Acts 1979, P.L.120, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 6. General Provisions Concerning Offender Employment › 11-10-6-12. Wage Payments and Wage Claims

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.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 7. Private Employers and Offender Earnings › 11-10-7-2. Programs for Employment of Offenders by Private Persons; Establishment; Lease of Land and Improvements

Sec. 2. (a) The commissioner may establish programs for the employment of offenders by private persons. In establishing these programs, the commissioner may enter into agreements with any private person under which that person establishes, by construction, lease, or otherwise, facilities within the exterior boundary of any state adult correctional facility, for the manufacture and processing of goods or any other business, commercial, or agricultural enterprise.
(b) In administering this chapter, the commissioner may, as a part of or in connection with any agreement made under subsection (a), lease, for not more than twenty (20) years, land, with the improvements on it, located on the grounds of any state correctional facility for use by the private party to that agreement for providing employment under this chapter.
As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1980, P.L.87, SEC.4.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 7. Private Employers and Offender Earnings › 11-10-7-3. Agreement Between Commissioner and Private Person; Wages; Employment on Voluntary Basis; Unemployment Compensation

Sec. 3. (a) Any agreement entered into between the commissioner and a private person under this chapter must provide that an offender employed by a private person under this chapter will be paid at least the prevailing wage for that type of work as established by the department of workforce development, including applicable wage increases for overtime work.
(b) An offender may be employed under this chapter only on a voluntary basis and only after the offender has been informed of the conditions of the offender's employment.
(c) An offender employed under this chapter is not eligible for unemployment compensation benefits under workforce development laws.
(d) An offender employed in accordance with this chapter is subject to IC 22-2-5-3 and IC 22-2-9-8.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.18-1987, SEC.10; P.L.21-1995, SEC.14; P.L.223-2013, SEC.4.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 7. Private Employers and Offender Earnings › 11-10-7-4. Laws Governing Commercial or Agricultural Enterprise Established Under This Chapter

Sec. 4. A commercial or agricultural enterprise established under this chapter is a private enterprise subject to laws governing the operation of similar enterprises in Indiana.
As added by Acts 1979, P.L.120, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 7. Private Employers and Offender Earnings › 11-10-7-5. Earnings of Offender; Distribution

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.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 8. Minimum Security Release Program for Criminal Offenders and Offender Earnings › 11-10-8-2. Establishment of Programs; Violent Crime Offenders

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.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 8. Minimum Security Release Program for Criminal Offenders and Offender Earnings › 11-10-8-3. Assignment to Program; Requirements

Sec. 3. (a) Before an offender may be assigned to a minimum security release program:
(1) the offender must be assigned to a minimum security classification in accord with IC 35-38-3 (any change in the degree of security, from minimum to a higher degree, whether the change occurs before or after assignment to a release program, renders the offender ineligible for participation in the release program, and the department shall take appropriate action for the offender's immediate removal from the release program and reassignment to a facility or program consistent with the offender's degree of security assignment); and
(2) the department must find that:
(A) the offender is likely to respond affirmatively to the program;
(B) it is reasonably unlikely that the offender will commit another crime while assigned to the program; and
(C) the offender demonstrates reading and writing skills that meet minimum literacy standards:
(i) developed by the department; and
(ii) established under rules adopted by the department under IC 4-22-2.
(b) The minimum literacy standards adopted by the department under subsection (a)(2)(C) must provide that an offender is exempt from those standards if the department determines that:
(1) the offender is unable to meet the minimum literacy standards as a result of a disability; or
(2) the length of the offender's sentence prevents the offender from achieving the minimum literacy standards before the expiration of the offender's sentence.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.150-1987, SEC.1; P.L.23-1993, SEC.34; P.L.1-2005, SEC.124; P.L.1-2007, SEC.101.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 8. Minimum Security Release Program for Criminal Offenders and Offender Earnings › 11-10-8-4. Contracts for Confinement of Offenders

Sec. 4. The department may enter into contracts with appropriate city, county, state, or federal authorities for the confinement of, and provision of other correctional services to, offenders; and the city, county, and state authorities may enter into such contracts. If the department determines that an offender participating in a minimum security release program does not require the security of a public detention facility, it may contract with other public or private agencies for his custody and care.
As added by Acts 1979, P.L.120, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 8. Minimum Security Release Program for Criminal Offenders and Offender Earnings › 11-10-8-5. Directives; Establishment

Sec. 5. (a) The department shall establish directives governing:
(1) eligibility and selection of prospective employers for participation in the work release program;
(2) eligibility and selection of institutions and programs for participation in the study release program;
(3) eligibility and selection of hospitals, clinics, or other agencies or individuals for participation in the medical release program;
(4) the procedure by which an offender may apply for participation in a minimum security release program;
(5) custody of an offender during the time he is not actively engaged in the activity to which he is assigned;
(6) conduct of an offender participating in a minimum security release program, including sanctions for violation of rules of conduct;
(7) accounting procedures for the disposition of a participating offender's earnings;
(8) an offender's voluntary or involuntary removal from a minimum security release program;
(9) departmental assistance in obtaining medical treatment or suitable employment, academic, or vocational training in the programs authorized by this chapter; and
(10) any additional matters concerning the general administration of programs authorized by this chapter.
(b) 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.
As added by Acts 1979, P.L.120, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 8. Minimum Security Release Program for Criminal Offenders and Offender Earnings › 11-10-8-6.5. Work Release—study Release Subsistence Special Revenue Fund

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.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 8. Minimum Security Release Program for Criminal Offenders and Offender Earnings › 11-10-8-7. Supervision Over Conditions of Employment

Sec. 7. The department of labor shall exercise the same supervision over conditions of employment for offenders under this chapter as the department of labor does over conditions of employment for persons who are not committed.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.37-1985, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 8. Minimum Security Release Program for Criminal Offenders and Offender Earnings › 11-10-8-8. Status of Offender While Going to or From Employment

Sec. 8. An offender employed under this chapter by an employer other than the department is not an agent, employee, or involuntary servant of the department while working or going to or from the employment.
As added by Acts 1979, P.L.120, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 8. Minimum Security Release Program for Criminal Offenders and Offender Earnings › 11-10-8-9. Notice to Victim Before Assignment of Offender to Work Release Program

Sec. 9. Before the department may assign an offender to a work release program, the department must notify any victim of the offender's crime of the right to submit a written statement to:
(1) a sentencing court in accordance with IC 11-10-11.5-4.5, if the offender is under consideration for assignment to a community transition program; and
(2) the department, if the offender is under consideration for assignment to any other work release program.
If the name or address of a victim of the offender's crime changes after the offender is sentenced for the offense, and the offender's sentence may result in the offender's assignment to the work release program, the victim is responsible for notifying the department of the name or address change.
As added by P.L.90-2000, SEC.2.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 9. Temporary Leave─criminal Offenders › 11-10-9-2. Purpose; Period of Time; Written Authorization; Custodial Agent; Directives

Sec. 2. (a) The department may grant an offender a temporary leave from a correctional facility or program for a designated purpose and period of time, in Indiana, either alone or accompanied by a department employee or other custodial agent:
(1) to visit a close relative who is seriously ill;
(2) to attend the funeral of a close relative;
(3) to obtain medical, psychiatric, or psychological services;
(4) to make arrangements for employment, admittance to an educational or vocational training institution or program or participation in any other activity authorized by the department;
(5) to secure a residence or make other preparation for release or discharge;
(6) to appear before any group whose purpose is to obtain an understanding of crime or corrections, including appearances on television or radio;
(7) to return to his home or other place authorized by the department during what appears to be his terminal illness; or
(8) for any other purpose the department determines to be in the best interest of the offender and the public.
(b) All temporary leaves other than one granted under subsection (a)(7) are limited to five (5) days or less.
(c) Before an offender is released under this chapter, the department shall give him a written authorization for temporary leave which specifies the conditions of that leave. At all times while on leave, the offender must keep the authorization in his possession.
(d) An offender must be accompanied by a department employee or other custodial agent while on temporary leave unless he has been assigned a minimum security classification described in IC 35-38-3-6.
(e) The department may establish directives governing the implementation of this chapter, including an offender's eligibility for, and conduct while on, temporary leave. For purposes of IC 4-22-2, the term "directive" as used in this subsection relates solely to internal policy and procedure not having the force of law.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.5-1988, SEC.61.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 10. Temporary Release─delinquent Offenders › 11-10-10-2. Purpose and Period of Time

Sec. 2. The department may temporarily release an offender from a correctional facility or program for a designated purpose and period of time, in Indiana, either alone or accompanied by a department employee or other custodial agent:
(1) to attend or make arrangements for attending an academic or vocational training institution or program, including attendance in a public school;
(2) to obtain or make arrangements for obtaining medical, psychiatric, or psychological services, including treatment for drug addiction or alcoholism;
(3) to work or make arrangements for employment;
(4) to visit a close relative who is seriously ill;
(5) to visit his immediate family;
(6) to attend the funeral of a close relative;
(7) to make preparations for release or discharge;
(8) for recreational purposes;
(9) to return to his home or other place authorized by the department during what appears to be his terminal illness; or
(10) for any other purpose the department determines to be in the best interest of the offender and the public.
As added by Acts 1979, P.L.120, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 10. Temporary Release─delinquent Offenders › 11-10-10-3. Directives

Sec. 3. The department may establish directives governing the implementation of this chapter, including an offender's eligibility for, and conduct while on, temporary release. For purposes of IC 4-22-2, the term "directive" as used in this subsection relates solely to internal policy and procedure not having the force of law.
As added by Acts 1979, P.L.120, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 11. Recreation and Community Involvement in Correctional Programs › 11-10-11-1. Establishment of Programs and Activities, Purpose; Range of Programs and Activities

Sec. 1. (a) To the greatest extent possible, consistent with the security of facilities and programs and departmental resources, the department shall establish recreational and cultural programs and activities designed to develop and maintain the physical and mental health of confined persons.
(b) The programs and activities should cover a wide range of interests and talents and include:
(1) meaningful, relevant reading material;
(2) reasonable availability of radio and television;
(3) reasonable opportunities to engage in musical endeavors, painting, crafts, and other creative pursuits; and
(4) availability of physical recreation and sports.
As added by Acts 1979, P.L.120, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 11. Recreation and Community Involvement in Correctional Programs › 11-10-11-2. Opportunity for Physical Exercise

Sec. 2. A confined person shall be given a reasonable opportunity for physical exercise outside of his immediate living quarters and out of doors if feasible.
As added by Acts 1979, P.L.120, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 11. Recreation and Community Involvement in Correctional Programs › 11-10-11-3. Development and Maintenance of Programs Involving Community Organizations and Others

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.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 11.5. Assignment to Community Transition Program › 11-10-11.5-1. Applicability of Chapter

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.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 11.5. Assignment to Community Transition Program › 11-10-11.5-2. Notice of Offender's Eligibility for Program

Sec. 2. (a) Not earlier than sixty (60) days and not later than forty-five (45) days before an offender's community transition program commencement date, the department shall give written notice of the offender's eligibility for a community transition program to each court that sentenced the offender for a period of imprisonment that the offender is still actively serving. The notice must include the following information:
(1) The person's name.
(2) A description of the offenses for which the person was committed to the department.
(3) The person's expected release date.
(4) The person's community transition program commencement date designated by the department.
(5) The person's current security and credit time classifications.
(6) A report summarizing the person's conduct while committed to the department.
(7) Any other information that the department determines would assist the sentencing court in determining whether to issue an order under IC 35-38-1-24 or IC 35-38-1-25.
(b) If the offender's expected release date changes as the result of the loss of educational credit or good time credit after notice is sent to each court under this section, the offender may become ineligible for a community transition program.
(c) If the offender's expected release date changes as the result of the gain of educational credit or good time credit after notice is sent to each court under this section, the offender may be assigned to a community transition program if the department determines that:
(1) a sufficient amount of time exists to allow a court under IC 35-38-1-24 or IC 35-38-1-25 to consider a written statement described in section 4.5 of this chapter; and
(2) an offender will have at least thirty (30) days remaining on the offender's sentence after the court's consideration of a written statement under subdivision (1), calculated as follows:
(A) Beginning on the date the department will assign the offender to a minimum security classification and place the offender in a community transition program.
(B) Ending with the recalculated expected release date.
(d) The department shall notify each court whenever the department finds that an offender is ineligible for the program because of a change in the person's educational credit or good time credit.
As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000, SEC.4; P.L.85-2004, SEC.32; P.L.74-2015, SEC.6.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 11.5. Assignment to Community Transition Program › 11-10-11.5-3.5. Nonresident's Ineligibility for Program

Sec. 3.5. An offender who resides outside Indiana is not eligible for a community transition program.
As added by P.L.90-2000, SEC.5.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 11.5. Assignment to Community Transition Program › 11-10-11.5-3.6. Sentences by Multiple Courts

Sec. 3.6. If an offender who is eligible to be assigned to a community transition program is sentenced by more than one (1) court, the offender must be considered for assignment to a community transition program located in the community where the court that imposed the sentence with the longest period of imprisonment that the offender is actively serving is located. However, before an offender may be assigned to a community transition program, each court that sentenced the offender to a period of imprisonment that the offender is actively serving must agree to the assignment.
As added by P.L.90-2000, SEC.6.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 11.5. Assignment to Community Transition Program › 11-10-11.5-4. Copy of Notice Sent to Prosecuting Attorney

Sec. 4. The department shall send a copy of a notice required under section 2 of this chapter to the prosecuting attorney where the person's case originated. The notice under this section need not include the information described in section 2(6) through 2(7) and section 3 of this chapter. However, upon request to the sentencing court, the court receiving the notice under section 2 of this chapter shall permit the prosecuting attorney to review and obtain copies of any information included in the notice.
As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000, SEC.7.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 11.5. Assignment to Community Transition Program › 11-10-11.5-4.5. Offender's and Victim's Rights to Submit Written Statement

Sec. 4.5. (a) Before the department may assign an offender to a minimum security classification and place the offender in a community transition program, the department shall notify:
(1) the offender and any victim of the offender's crime of the right to submit a written statement regarding the offender's assignment to the community transition program; and
(2) the offender of the right to submit a written statement objecting to the offender's placement in a community transition program;
to each court that sentenced the offender to a period of imprisonment that the offender is actively serving. If the name or address of a victim of the offender's crime changes after the offender is sentenced for the offense, and the offender's sentence may result in the offender's assignment to the community transition program, the victim is responsible for notifying the department of the name or address change.
(b) An offender or a victim of the offender's crime who wishes to submit a written statement under subsection (a)(1) must submit the statement to each court and the department not later than ten (10) working days after receiving notice from the department under subsection (a).
(c) An offender's written statement objecting to the offender's placement in a community transition program under subsection (a)(2) must be submitted to each court and the department:
(1) not later than ten (10) working days after receiving notice from the department under subsection (a); or
(2) before the offender is transported under section 7 of this chapter;
whichever occurs first.
As added by P.L.90-2000, SEC.8. Amended by P.L.85-2004, SEC.33.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 11.5. Assignment to Community Transition Program › 11-10-11.5-5. Commencement Date; Level 5 or Level 6 Felony

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.
2023 Indiana Code › Title 11. Corrections › Article 10. Correctional Services and Programs › Chapter 11.5. Assignment to Community Transition Program › 11-10-11.5-6. Commencement Date; Order Under Ic 35-38-1-25

Sec. 6. (a) This section applies to a person if the sentencing court orders the department to assign a person to a community transition program under IC 35-38-1-25.
(b) The department shall assign a minimum security classification and place the person in a community transition program beginning with the date specified in the sentencing court's order 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.10.