reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 11. Corrections › Article 11. Correctional Standards and Procedures › Chapter 2. Searches and Seizures › 11-11-2-5. Limitation on Amount of Property Confined Person May Possess; Disposition of Property Beyond Permissible Limits

Sec. 5. The department may, for purposes of maintaining the security of its facilities and programs, securing the health and safety of individuals, and promoting administrative manageability, limit the amount of property a confined person may possess at any one time. The department may seize and dispose of property accumulated by a committed person beyond permissible limits in accord with the provisions of this chapter governing the seizure and disposition of prohibited property.
As added by Acts 1979, P.L.120, SEC.4.
2023 Indiana Code › Title 11. Corrections › Article 11. Correctional Standards and Procedures › Chapter 2. Searches and Seizures › 11-11-2-6. Fraud Investigation; Freezing Accounts; Coordination With Prosecuting Attorney; Disposition of Unlawful Proceeds

Sec. 6. (a) This section applies if the department has reasonable suspicion that money in a confined person's account was derived from the commission of fraud under IC 35-43-5-4(b)(6).
(b) If the department has reasonable suspicion that money in a confined person's account was derived from the commission of fraud, the department may freeze all or a part of the confined person's account for not more than one hundred eighty (180) days while the department conducts an investigation to determine whether money in the confined person's account derives from fraud. If the department freezes the account of a confined person under this subsection, the department shall notify the confined person in writing.
(c) If the department's investigation reveals that no money in the confined person's account was derived from fraud, the department shall unfreeze the account at the conclusion of the investigation.
(d) If the department's investigation reveals that money in the confined person's account may have been derived from the commission of fraud, the department shall notify the prosecuting attorney of the results of the department's investigation.
(e) If the prosecuting attorney charges the confined person with fraud, the department shall freeze the confined person's account until the case reaches final judgment.
(f) If the prosecuting attorney does not charge the confined person with fraud, or if the confined person is acquitted of the charge of fraud, the department shall unfreeze the confined person's account.
(g) If the confined person is convicted of fraud, the department, in consultation with the prosecuting attorney, shall locate the money or property derived from fraud and return it to the rightful owner.
(h) If, ninety (90) days after the date of a confined person's conviction for fraud, the department has located the money or property derived from the commission of fraud but is unable to return the money to the rightful owner, the department shall deposit the money in the violent crime victims compensation fund established by IC 5-2-6.1-40.
As added by P.L.81-2008, SEC.4. Amended by P.L.174-2021, SEC.7.
2023 Indiana Code › Title 11. Corrections › Article 11. Correctional Standards and Procedures › Chapter 3. Correspondence, Censorship, and Visitation › 11-11-3-1. Construction of Terms

Sec. 1. As used in this chapter, the terms defined in IC 11-11-2-1 have the meanings set out in that section.
As added by Acts 1979, P.L.120, SEC.4.
2023 Indiana Code › Title 11. Corrections › Article 11. Correctional Standards and Procedures › Chapter 3. Correspondence, Censorship, and Visitation › 11-11-3-2. Unlimited Correspondence; Exceptions; Prior Approval

Sec. 2. (a) A confined person may send and receive, in any language, an unlimited amount of correspondence to or from any person, except as provided by subsection (b).
(b) The department may require prior approval of correspondence between a confined person and another person if the other person is on parole or:
(1) is being held in a correctional facility;
(2) has been sentenced to a community corrections program;
(3) is being held in a county jail; or
(4) is participating in a work release program;
operated by the department, a county sheriff, a county, the United States, or any state.
(c) If the department determines that the correspondence referred to under subsection (b) is in the best interest of both the confined person and the facility involved, such correspondence shall be permitted.
(d) When the department has prohibited correspondence referred to under subsection (b) it shall follow the procedure for notification and availability of the grievance procedure as provided in sections 4(d) and 4(e) of this chapter.
As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.150-1983, SEC.1; P.L.101-2006, SEC.21.
2023 Indiana Code › Title 11. Corrections › Article 11. Correctional Standards and Procedures › Chapter 3. Correspondence, Censorship, and Visitation › 11-11-3-3. Repealed

As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.99-1986, SEC.1. Repealed by P.L.145-1995, SEC.2.
2023 Indiana Code › Title 11. Corrections › Article 11. Correctional Standards and Procedures › Chapter 3. Correspondence, Censorship, and Visitation › 11-11-3-5. Stationery, Envelopes, and Postage

Sec. 5. (a) The department shall provide a confined person, without cost, a reasonable amount of stationery, envelopes, and postage for transmission of correspondence, and shall make available for purchase additional stationery, envelopes, and postage.
(b) A confined person may elect to use another method of correspondence offered by the department instead of using stationery, envelopes, and postage provided by the department.
As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.78-2015, SEC.1.
2023 Indiana Code › Title 11. Corrections › Article 11. Correctional Standards and Procedures › Chapter 3. Correspondence, Censorship, and Visitation › 11-11-3-6. Printed Matter

Sec. 6. (a) A confined person may acquire and possess printed matter on any subject, from any source. However, unless a confined person or the sender receives prior approval from the warden for the confined person to receive a book, magazine, newspaper, or other periodical from another source, a confined person may receive a book, magazine, newspaper, or other periodical only if it is mailed to the confined person directly from the publisher, the distributor, or an accredited postsecondary educational institution. The department may inspect all printed matter and exclude any material that is contraband or prohibited property. However, in the case of a confined adult, the department may not exclude printed matter on the grounds it is obscene or pornographic unless it is obscene under Indiana law. A periodical may be excluded only on an issue by issue basis. Printed matter obtained at cost to the confined person must be prepaid.
(b) If the department withholds printed matter, it must promptly notify the confined person. The notice must be in writing and include the title of the matter, the date the matter was received at the facility or program, the name of the person who made the decision, whether the matter is objectionable in whole or in part, the reason for the decision, and the fact that the department's action may be challenged through the grievance procedure.
As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.156-1999, SEC.1; P.L.2-2007, SEC.152; P.L.67-2017, SEC.10.
2023 Indiana Code › Title 11. Corrections › Article 11. Correctional Standards and Procedures › Chapter 3. Correspondence, Censorship, and Visitation › 11-11-3-7. Incoming and Outgoing Packages; Inspection; Notice of Removal of Funds, Contraband, or Prohibited Property

Sec. 7. The department may open all incoming and outgoing packages to inspect for and remove funds, contraband, or prohibited property. If the department removes contraband or prohibited property, it must notify the confined person of the removal. The notice must be in writing and include a description of the property, the date it was received at the facility or program, the name of the person who made the decision, the reason for the action, and the fact that the action may be challenged through the grievance procedure. A confined person must be informed in writing of the removal of funds, including the amount.
As added by Acts 1979, P.L.120, SEC.4.
2023 Indiana Code › Title 11. Corrections › Article 11. Correctional Standards and Procedures › Chapter 3. Correspondence, Censorship, and Visitation › 11-11-3-8. Visitors; Reasonable Restriction

Sec. 8. A confined person may receive visitors at reasonable times. The department may, for the purpose of maintaining the security of its facilities and programs, the safety of individuals, and administrative manageability, place reasonable restrictions on visits consistent with the following:
(1) Visits may be conducted in areas where a confined person and his visitors are not physically separated and that allow for as much informality and privacy as possible. Contact visits may be denied for a confined person who is assigned to a maximum security unit.
(2) Any restrictions regarding visiting times, the number of visitors a person may receive on a particular occasion or during a designated period of time, or the duration of a particular visit must take into account the accessibility of the facility or program to the visiting public, including sources of public transportation to or from the facility or program, and the distance a potential visitor must travel to visit with an offender.
(3) Any restrictions imposed on visitation under this section must be communicated to the confined person and be made accessible to the visiting public.
(4) The department may not impose restrictions on visitation that obstruct the availability of adequate legal representation, although an attorney or his agent may be required to visit during normal departmental working hours or at other reasonable times.
As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.97-1988, SEC.1.
2023 Indiana Code › Title 11. Corrections › Article 11. Correctional Standards and Procedures › Chapter 3. Correspondence, Censorship, and Visitation › 11-11-3-9. Visitors; Prohibition; Notice to Confined Person

Sec. 9. (a) A person may be prohibited from visiting a confined person, or the visit may be restricted to an extent greater than allowed under section 8 of this chapter, if the department has reasonable grounds to believe that the visit would threaten the security of the facility or program or the safety of individuals.
(b) The department may restrict any person less than eighteen (18) years of age from visiting an offender, if:
(1) the offender has been:
(A) convicted of a sex offense under IC 35-42-4; or
(B) adjudicated delinquent as a result of an act that would be considered a sex offense under IC 35-42-4 if committed by an adult; and
(2) the victim of the sex offense was less than eighteen (18) years of age at the time of the offense.
(c) If the department prohibits or restricts visitation between a confined person and another person under this section, it shall notify the confined person of that prohibition or restriction. The notice must be in writing and include the reason for the action, the name of the person who made the decision, and the fact that the action may be challenged through the grievance procedure.
(d) The department shall establish written guidelines for implementing this section.
As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.97-1988, SEC.2; P.L.85-2004, SEC.38.
2023 Indiana Code › Title 11. Corrections › Article 11. Correctional Standards and Procedures › Chapter 4. Religious and Personal Expression › 11-11-4-1. Confined Person's Rights

Sec. 1. (a) A confined person is entitled to believe in the religion of his choice; and attendance at religious services or belief in any religion is not required. To the greatest extent possible, consistent with the security of facilities and programs and departmental resources, a confined person is entitled:
(1) to a diet sufficient to sustain good health, consistent with the dietary practices of his religion;
(2) to observe the religious days of worship or holidays of his religion;
(3) to possess and wear religious artifacts;
(4) to receive and possess religious literature; and
(5) to communicate, correspond with, and be visited by a clergyman or religious counselor of his choice.
(b) Except at a confined person's request, the department may not release information about his religious practices or affiliation in a way that would be individually identifiable.
As added by Acts 1979, P.L.120, SEC.4.
2023 Indiana Code › Title 11. Corrections › Article 11. Correctional Standards and Procedures › Chapter 4. Religious and Personal Expression › 11-11-4-2. Supervision and Control to Maintain Sanitary, Safe, and Secure Environment

Sec. 2. The department may supervise and control the hygiene, grooming, and attire of confined offenders to the extent reasonably necessary to maintain a sanitary, safe, and secure environment.
As added by Acts 1979, P.L.120, SEC.4.
2023 Indiana Code › Title 11. Corrections › Article 11. Correctional Standards and Procedures › Chapter 5. Conduct and Discipline › 11-11-5-1. Application of Chapter

Sec. 1. (a) This chapter applies to persons:
(1) placed in a community corrections program; or
(2) assigned to a community transition program.
(b) This chapter does not apply to persons released on parole.
As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.105-2010, SEC.1.
2023 Indiana Code › Title 11. Corrections › Article 11. Correctional Standards and Procedures › Chapter 5. Conduct and Discipline › 11-11-5-2. Rules; Adoption

Sec. 2. The department shall adopt rules for the maintenance of order and discipline among committed persons. These rules must describe the conduct for which disciplinary action may be imposed, the type of disciplinary action that may be taken, and the disciplinary procedure to be followed. These rules shall be made available to all committed persons. The disciplinary action imposed must be proportionate to the seriousness of the violation. For purposes of IC 4-22-2, the term "rule" as used in this section relates solely to internal policy and procedure not having the force of law.
As added by Acts 1979, P.L.120, SEC.4.
2023 Indiana Code › Title 11. Corrections › Article 11. Correctional Standards and Procedures › Chapter 5. Conduct and Discipline › 11-11-5-3. Disciplinary Actions; Permissible

Sec. 3. The department may impose any of the following as disciplinary action:
(1) A report, which may be made part of the person's record.
(2) Extra work.
(3) Loss or limitation of privileges.
(4) Change in work assignment.
(5) Restitution.
(6) Change in security classification.
(7) Transfer to another facility or program.
(8) Segregation from the general population of the facility or program for a fixed period of time.
(9) Reassignment to a lower credit time class under IC 35-50-6-4.
(10) Deprivation of earned educational credit or good time credit under IC 35-50-6-5.
As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.74-2015, SEC.12.
2023 Indiana Code › Title 11. Corrections › Article 11. Correctional Standards and Procedures › Chapter 5. Conduct and Discipline › 11-11-5-4. Disciplinary Actions; Not Permissible

Sec. 4. The department may not impose the following as disciplinary action:
(1) Corporal punishment.
(2) Confinement without an opportunity for at least one (1) hour of exercise five (5) days each week outside of immediate living quarters, unless the department finds and documents that this opportunity will jeopardize the physical safety of the offender, or others, or the security of the facility or program.
(3) A substantial change in heating, lighting, or ventilation.
(4) Restrictions on clothing, bedding, mail, visitation, reading and writing materials, or the use of hygienic facilities, except for abuse of these.
(5) Restrictions on:
(A) medical and dental care;
(B) access to courts, unless a committed person has brought a claim in a state or an administrative court, that the court determines to be frivolous, unreasonable, or groundless;
(C) access to legal counsel, government officials, or grievance proceedings; and
(D) access to personal legal papers and legal research materials.
(6) A deviation from the diet provided to other committed persons in that facility or program.
(7) Extra work exceeding a total of twenty (20) hours for one (1) rule violation, or exceeding four (4) hours in any twenty-four (24) hour period.
As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.146-1995, SEC.1; P.L.43-2002, SEC.2.
2023 Indiana Code › Title 11. Corrections › Article 11. Correctional Standards and Procedures › Chapter 5. Conduct and Discipline › 11-11-5-6. Segregation; Review of Status

Sec. 6. Disciplinary action may not be taken against a person before a determination of guilt. However, a person charged with misconduct may be confined or separated from the general population of the facility or program for a reasonable period of time if his continued presence in the general population poses a serious threat to himself, others, property, or the security of the facility or program. The department must review the status of that person at least once every five (5) days to determine if the reason for segregation still exists. Any time spent confined or separated from the general population before a determination of guilt must be credited toward any period of disciplinary segregation imposed.
As added by Acts 1979, P.L.120, SEC.4.
2023 Indiana Code › Title 11. Corrections › Article 11. Correctional Standards and Procedures › Chapter 5. Conduct and Discipline › 11-11-5-7. Need for and Appropriateness of Continued Segregation; Review

Sec. 7. (a) The need for and appropriateness of continued segregation of a person committed to the department under the laws of Indiana or another jurisdiction concerning custody of adults, and segregated from the general population upon a finding of misconduct, shall be reviewed by the department at least once every thirty (30) days.
(b) The need for and appropriateness of continued segregation of a person committed to the department under the laws of Indiana or another jurisdiction concerning custody of juveniles, and segregated from the general population upon a finding of misconduct, shall be reviewed by the department at least once every three (3) days.
As added by Acts 1979, P.L.120, SEC.4.
2023 Indiana Code › Title 11. Corrections › Article 11. Correctional Standards and Procedures › Chapter 5. Conduct and Discipline › 11-11-5-8. Suspension of Rights or Procedures During Emergency

Sec. 8. Any of the rights or procedures enumerated in this chapter may be suspended upon declaration by the official in charge of the facility or program that there exists an emergency situation threatening the general security of the facility or program. The rights or procedures again apply upon declaration by the official in charge of the facility or program that the emergency has been resolved.
As added by Acts 1979, P.L.120, SEC.4.
2023 Indiana Code › Title 11. Corrections › Article 11. Correctional Standards and Procedures › Chapter 6. Safe, Healthful Environment and Inspection › 11-11-6-1. Policies and Procedures; Adoption

Sec. 1. (a) The department shall adopt policies and procedures for the protection of committed persons, including:
(1) the monitoring of committed persons whose presence in the general population of a facility or program constitutes a threat of physical danger to other persons;
(2) reasonable searches of committed persons, facilities and premises to reduce the number of weapons and dangerous items;
(3) adequate staff supervision of committed persons, including living quarters;
(4) maintenance of accurate records regarding incidents of violence;
(5) referral of serious criminal conduct to investigating and prosecuting authorities with appropriate information; and
(6) policies and procedures designed to reduce racial tension.
(b) For purposes of IC 4-22-2, the terms "policies" and "procedures" as used in this section relate solely to internal policies and procedures not having the force of law.
As added by Acts 1979, P.L.120, SEC.4.
2023 Indiana Code › Title 11. Corrections › Article 11. Correctional Standards and Procedures › Chapter 6. Safe, Healthful Environment and Inspection › 11-11-6-2. Compliance With Federal and State Laws; Inspections; Correction of Conditions; Authority of Indiana Department of Health and Fire Marshal

Sec. 2. (a) The facilities of the department must comply with federal and state health, sanitation, safety, and fire laws applicable to dwellings, food establishments, eating facilities, and public buildings.
(b) Each department facility shall be inspected at least annually by:
(1) the Indiana department of health if the facility is not accredited by a nationally recognized accrediting organization; and
(2) the state fire marshal;
who shall, within fifteen (15) days of the inspection, file a written report with the commissioner listing all unsafe, unsanitary, or unhealthy conditions within a facility that constitute a menace to the health, safety, and welfare of committed persons or department employees. In determining whether conditions are unsafe, unsanitary, or unhealthy, the Indiana department of health and the state fire marshal shall consider the degree of overcrowding, the light, air, and space available to offenders within a facility, the size and arrangement of rooms and cells, the sanitary facilities, and the extent to which conditions in a facility endanger life or property.
(c) The commissioner shall correct all unsafe, unsanitary, or unhealthy conditions reported by the Indiana department of health or the state fire marshal with reasonable promptness. Failure by the department to initiate and continue action to correct unsafe, unsanitary, or unhealthy conditions within thirty (30) days of receiving a report of those conditions from the Indiana department of health or the state fire marshal constitutes noncompliance with this subsection. Upon such noncompliance, the commissioner shall submit to the reporting agency and the governor a written statement explaining:
(1) why the reported condition or conditions have not been remedied;
(2) what the estimated cost of remedying the reported condition or conditions would be in terms of construction, renovation, manpower, space, and equipment;
(3) whether the reported condition or conditions can be corrected by using facilities of other governmental entities;
(4) whether additional state financing is required and, if so, the estimated amount needed; and
(5) the probable consequences of not remedying each reported unsafe, unsanitary, or unhealthy condition.
(d) Notwithstanding other provisions of this section, the Indiana department of health and state fire marshal retain authority to correct unhealthy, unsanitary, or unsafe conditions within a facility as provided by law.
As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.2-1992, SEC.112; P.L.156-2011, SEC.5; P.L.56-2023, SEC.81.
2023 Indiana Code › Title 11. Corrections › Article 11. Correctional Standards and Procedures › Chapter 7. Access to Legal Materials › 11-11-7-1. Access to Legal Materials to Research Legal Matters and to Prepare and File Legal Papers

Sec. 1. The department shall afford a confined person reasonable access to legal materials to enable him to research legal matters and prepare and file legal papers.
As added by Acts 1979, P.L.120, SEC.4.
2023 Indiana Code › Title 11. Corrections › Article 11. Correctional Standards and Procedures › Chapter 7. Access to Legal Materials › 11-11-7-2. Stationery, Envelopes, Postage, and Notarial Services for Legal Correspondence

Sec. 2. The department shall provide an indigent confined person with free stationery, envelopes, postage, and notarial services for legal correspondence.
As added by Acts 1979, P.L.120, SEC.4.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 1. Locally and Regionally Operated Community Corrections › 11-12-1-1. "Community Corrections Program" Defined

Sec. 1. As used in this article, "community corrections program" means a community based program that provides preventive services, services to offenders, services to persons charged with a crime or an act of delinquency, services to persons diverted from the criminal or delinquency process, services to persons sentenced to imprisonment, or services to victims of crime or delinquency, and is operated under a community corrections plan of a county and funded at least in part by the state subsidy provided in IC 11-12-2.
As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.240-1991(ss2), SEC.57.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 1. Locally and Regionally Operated Community Corrections › 11-12-1-2. Establishment; Purpose

Sec. 2. Notwithstanding any other law, a county or any combination of counties may establish and operate a community corrections advisory board for the purpose of coordinating or operating community corrections programs. The county, in consultation with the advisory board, shall coordinate or operate community corrections programs for any of the following:
(1) The prevention of crime or delinquency.
(2) Persons sentenced to imprisonment in a county or local penal facility other than a state owned or operated facility.
(3) Committed offenders.
(4) Persons ordered to participate in community corrections programs as a condition of probation.
As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.240-1991(ss2), SEC.58; P.L.104-1997, SEC.1.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 1. Locally and Regionally Operated Community Corrections › 11-12-1-2.5. Community Corrections Programs; Coordination of Other Programs

Sec. 2.5. (a) The community corrections programs described in section 2 of this chapter shall use evidence based services, programs, and practices that reduce the risk for recidivism among persons who participate in the community corrections programs.
(b) The community corrections board may also coordinate or operate:
(1) educational;
(2) mental health;
(3) drug or alcohol abuse counseling; and
(4) housing;
programs. In addition, the board may provide supervision services for persons described in section 2 of this chapter.
(c) Drug or alcohol abuse counseling programs under subsection (b) may include:
(1) addiction counseling;
(2) inpatient detoxification; and
(3) medication assisted treatment, including a federal Food and Drug Administration approved long acting, nonaddictive medication for the treatment of opioid or alcohol dependence.
As added by P.L.240-1991(ss2), SEC.59. Amended by P.L.104-1997, SEC.2; P.L.32-2000, SEC.4; P.L.224-2003, SEC.122; P.L.158-2014, SEC.1; P.L.184-2014, SEC.1; P.L.187-2015, SEC.4; P.L.209-2015, SEC.4.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 1. Locally and Regionally Operated Community Corrections › 11-12-1-3. Acquisition of Premises and Facilities by Purchase, Lease, or Gift; Funding for Establishment and Operation; Private Agencies

Sec. 3. (a) A county or any combination of counties may acquire premises and facilities for community corrections programs by purchase, lease, or gift. These facilities and programs may be established and operated under a written contract with existing public or private agencies or institutions.
(b) To provide necessary funding for the establishment, operation, and coordination of community corrections programs, a local unit of government may use unexpended funds, use appropriate tax funds, accept gifts, grants, and subsidies from any lawful source, and apply for and accept federal funds.
(c) Private agencies may receive funding from any lawful source, but must comply with all rules and statutes of the department and the state board of accounts.
As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.240-1991(ss2), SEC.60.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 1. Locally and Regionally Operated Community Corrections › 11-12-1-4. Contracts With Other Counties for Use of Programs

Sec. 4. Two (2) or more counties may contract with each other for programs or purchase from one (1) or more counties the use of these programs.
As added by Acts 1979, P.L.120, SEC.5.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 1. Locally and Regionally Operated Community Corrections › 11-12-1-5. Licensing, Inspection, or Supervisory Requirements Imposed by Law

Sec. 5. This chapter does not exclude a facility or program from applicable licensing, inspection, or other supervisory requirements imposed by law.
As added by Acts 1979, P.L.120, SEC.5.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 2. State Grants to Counties for Community Corrections and Charges to Participating Counties for Confined Offenders › 11-12-2-3. Community Corrections Advisory Board; Duties

Sec. 3. (a) A community corrections advisory board shall:
(1) formulate:
(A) the community corrections plan and the application for financial aid required by section 4 of this chapter; and
(B) the forensic diversion program plan under IC 11-12-3.7;
(2) observe and coordinate community corrections programs in the county;
(3) make an annual report to the county fiscal body, county executive, or, in a county having a consolidated city, the city-county council, containing an evaluation of the effectiveness of programs receiving financial aid under this chapter and recommendations for improvement, modification, or discontinuance of these programs;
(4) ensure that programs receiving financial aid under this chapter comply with the standards adopted by the department under section 5 of this chapter; and
(5) recommend to the county executive or, in a county having a consolidated city, to the city-county council, the approval or disapproval of contracts with units of local government or nongovernmental agencies that desire to participate in the community corrections plan.
Before recommending approval of a contract, the advisory board must determine that a program is capable of meeting the standards adopted by the department under section 5 of this chapter.
(b) A community corrections advisory board shall do the following:
(1) Adopt bylaws for the conduct of its own business.
(2) Hold a regular meeting at least one (1) time every three (3) months and at other times as needed to conduct all necessary business. Dates of regular meetings shall be established at the first meeting of each year.
(3) Comply with the public meeting and notice requirements under IC 5-14-1.5.
(c) A community corrections advisory board may contain an office as designated by the county executive or, in a county having a consolidated city, by the city-county council.
(d) Notwithstanding subsection (a)(4), the standards applied to a court alcohol and drug program or a problem solving court that provides services to a forensic diversion program under IC 11-12-3.7 must be the standards established under IC 12-23-14 or IC 33-23-16.
As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.240-1991(ss2), SEC.62; P.L.224-2003, SEC.123; P.L.85-2004, SEC.2; P.L.108-2010, SEC.1.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 2. State Grants to Counties for Community Corrections and Charges to Participating Counties for Confined Offenders › 11-12-2-3.5. Community Corrections Advisory Board; Appointment of Director; Employees

Sec. 3.5. (a) The community corrections advisory board shall appoint a director of the community corrections program, subject to the approval of the county executive or, in a county having a consolidated city, by the city-county council. A director may be removed for cause by a majority vote of the community corrections advisory board, subject to the approval of the county executive or, in a county having a consolidated city, of the city-county council.
(b) The community corrections advisory board may establish personnel policies, procedures, and salary classification schedules for its employees. Employees of a community corrections program are county employees. The policies, procedures, and schedules established under this subsection may not be inconsistent with those established for other county employees.
As added by P.L.240-1991(ss2), SEC.63. Amended by P.L.179-2015, SEC.2.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 2. State Grants to Counties for Community Corrections and Charges to Participating Counties for Confined Offenders › 11-12-2-6. Eligibility for Financial Aid; Requirement of Compliance

Sec. 6. To remain eligible for financial aid under this chapter, a county must comply with its community corrections plan and the rules and minimum standards adopted by the department under section 5 of this chapter. If the commissioner determines that there are reasonable grounds to believe that a county is not complying with its plan, the rules, or the minimum standards, he shall, after giving at least thirty (30) days written notice to the board of county commissioners or city-county council, the community corrections advisory board, and the chief administrator of the program, conduct a hearing under IC 4-21.5-3 to ascertain whether compliance has been achieved. Upon a finding of noncompliance, the commissioner may suspend any part of the financial aid until compliance is achieved.
As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.7-1987, SEC.23.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 2. State Grants to Counties for Community Corrections and Charges to Participating Counties for Confined Offenders › 11-12-2-7. Eligibility for Financial Aid; Failure to Qualify

Sec. 7. Failure of a county to qualify for financial aid under this chapter does not affect its eligibility for other state funds for correctional purposes otherwise provided by law.
As added by Acts 1979, P.L.120, SEC.5.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 2. State Grants to Counties for Community Corrections and Charges to Participating Counties for Confined Offenders › 11-12-2-8. Restriction on Use of Funds

Sec. 8. Counties may not use funds received under this chapter to construct or renovate county jails or community correction facilities.
As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.136-1989, SEC.3; P.L.4-2001, SEC.1; P.L.179-2015, SEC.5.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 2. State Grants to Counties for Community Corrections and Charges to Participating Counties for Confined Offenders › 11-12-2-9. Repealed

As added by Acts 1979, P.L.120, SEC.5. Amended by Acts 1981, P.L.134, SEC.1; Acts 1982, P.L.93, SEC.1; P.L.151-1983, SEC.3; P.L.25-1985, SEC.2; P.L.12-1996, SEC.10; P.L.146-2008, SEC.372. Repealed by P.L.105-2010, SEC.18.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 2. State Grants to Counties for Community Corrections and Charges to Participating Counties for Confined Offenders › 11-12-2-10. Termination of Participation in Subsidy Program

Sec. 10. A county receiving financial aid under this chapter may terminate its participation by delivering a resolution of the board of county commissioners or city-county council to the commissioner. Upon withdrawal from the subsidy program, the board of county commissioners or city-county council may adopt a resolution stating that it is in the best interests of the county that the community corrections advisory board be dissolved, whereupon the county commissioners or city-county council shall pay and discharge any debts or liabilities of the advisory board, collect and distribute assets of the advisory board under the laws of Indiana, and pay over any remaining proceeds or property to the proper fund.
As added by Acts 1979, P.L.120, SEC.5. Amended by Acts 1981, P.L.109, SEC.2.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 2. State Grants to Counties for Community Corrections and Charges to Participating Counties for Confined Offenders › 11-12-2-11. Authority Over County Jail and Persons Confined in the Jail

Sec. 11. This chapter does not limit or impair the statutory authority of any elected official, including the county sheriff's authority over the county jail and persons confined in the jail.
As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.136-2018, SEC.108.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 2. State Grants to Counties for Community Corrections and Charges to Participating Counties for Confined Offenders › 11-12-2-12. Community Corrections Funds Established

Sec. 12. (a) A community corrections fund is established in each community having a community corrections program. The fund shall be administered by the community corrections advisory board in accordance with rules adopted by the department under subsection (c). The expenses of administering the fund shall be paid from money in the fund. Money in the fund at the end of a fiscal year does not revert to any other fund. The fund consists of fees deposited under subsection (b). Money in the fund may be used only for the provision of community corrections program services, including services allowed under IC 11-12-2-5(b)(3).
(b) In addition to user fees collected under IC 31-40, IC 35-38-2-1, or any other user fee collected from a participant in a community corrections program by an agency or program, a community corrections program may collect from a participant a user fee assessed in accordance with rules adopted under subsection (c). Community corrections user fees collected under this section shall be deposited into the community corrections fund established by this section.
(c) The department shall adopt rules under IC 4-22-2 governing the following:
(1) The maximum amount that a community corrections program or a court may assess as a user fee under subsection (b) or IC 35-38-2.5-6.
(2) Administration by community corrections advisory boards of community corrections funds and the community corrections home detention fund, including criteria for expenditures from the funds.
As added by P.L.136-1989, SEC.4. Amended by P.L.240-1991(ss2), SEC.66; P.L.1-1997, SEC.47; P.L.253-1997(ss), SEC.8.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 3. State Operated Community Corrections › 11-12-3-1. Establishment and Operation of Programs; Contract With Public or Private Agency to Provide Services

Sec. 1. The department may:
(1) establish and operate community corrections programs if these programs are not being provided at the local level; and
(2) contract with any public or private agency approved by the commissioner, or any combination of those agencies, for the provision of community based services to committed persons, including the furnishing of custody, supervision, care, training, and reintegration.
As added by Acts 1979, P.L.120, SEC.5.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 3. State Operated Community Corrections › 11-12-3-2. Acquisition of Premises and Facilities

Sec. 2. (a) The department may acquire premises and facilities for community corrections by purchase, lease, contract, or gift.
(b) To obtain necessary funding for the establishment and operation of community corrections programs, or to provide these services through contractual agreements with public and private agencies, the commissioner may accept gifts, grants, and subsidies from any lawful source, and apply for and accept federal funds.
As added by Acts 1979, P.L.120, SEC.5.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 3.7. Forensic Diversion Program › 11-12-3.7-1. "Addictive Disorder"

Sec. 1. As used in this chapter, "addictive disorder" means a diagnosable chronic substance use disorder of sufficient duration to meet diagnostic criteria within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
As added by P.L.85-2004, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 3.7. Forensic Diversion Program › 11-12-3.7-2. "Advisory Board"

Sec. 2. As used in this chapter, "advisory board" means a:
(1) community corrections advisory board, if there is one in the county; or
(2) forensic diversion program advisory board, if there is not a community corrections advisory board in the county.
As added by P.L.85-2004, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 3.7. Forensic Diversion Program › 11-12-3.7-2.5. "Autism Spectrum Disorder"

Sec. 2.5. As used in this chapter, "autism spectrum disorder" has the meaning set forth in the most recent edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders.
As added by P.L.187-2015, SEC.5.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 3.7. Forensic Diversion Program › 11-12-3.7-2.8. "Developmental Disability"

Sec. 2.8. As used in this chapter, "developmental disability" has the meaning set forth in IC 12-7-2-61.
As added by P.L.187-2015, SEC.6.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 3.7. Forensic Diversion Program › 11-12-3.7-3. "Drug Dealing Offense"

Sec. 3. As used in this chapter, "drug dealing offense" means one (1) or more of the following offenses:
(1) Dealing in cocaine or a narcotic drug (IC 35-48-4-1), unless the person received only minimal consideration as a result of the drug transaction.
(2) Dealing in methamphetamine (IC 35-48-4-1.1), unless the person received only minimal consideration as a result of the drug transaction.
(3) Dealing in a schedule I, II, III, IV, or V controlled substance (IC 35-48-4-2 through IC 35-48-4-4), unless the person received only minimal consideration as a result of the drug transaction.
(4) Dealing in marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid (IC 35-48-4-10), unless the person received only minimal consideration as a result of the drug transaction.
As added by P.L.85-2004, SEC.3. Amended by P.L.151-2006, SEC.5; P.L.138-2011, SEC.1; P.L.182-2011, SEC.1.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 3.7. Forensic Diversion Program › 11-12-3.7-4. "Forensic Diversion Program"

Sec. 4. As used in this chapter, "forensic diversion program" means a program designed to provide an adult:
(1) who has an intellectual disability, an autism spectrum disorder, a mental illness, an addictive disorder, or a combination of those conditions; and
(2) who has been charged with a crime that is not a violent offense;
an opportunity to receive community treatment addressing mental health and addiction and other services instead of or in addition to incarceration.
As added by P.L.85-2004, SEC.3. Amended by P.L.192-2007, SEC.4; P.L.187-2015, SEC.7.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 3.7. Forensic Diversion Program › 11-12-3.7-5. "Mental Illness"

Sec. 5. As used in this chapter, "mental illness" means a psychiatric disorder that is of sufficient duration to meet diagnostic criteria within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
As added by P.L.85-2004, SEC.3.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 3.7. Forensic Diversion Program › 11-12-3.7-7. Advisory Board's Duty to Develop a Plan

Sec. 7. (a) An advisory board shall develop a forensic diversion plan to provide an adult who:
(1) has an intellectual disability, a developmental disability, an autism spectrum disorder, a mental illness, an addictive disorder, or a combination of those conditions; and
(2) has been charged with a crime that is not a violent crime;
an opportunity, pre-conviction or post-conviction, to receive community treatment and other services addressing intellectual disabilities, developmental disabilities, autism spectrum disorders, mental health, and addictions instead of or in addition to incarceration.
(b) The forensic diversion plan may include any combination of the following program components:
(1) Pre-conviction diversion for adults with mental illness.
(2) Pre-conviction diversion for adults with addictive disorders.
(3) Pre-conviction diversion for adults with developmental disabilities.
(4) Pre-conviction diversion for adults with intellectual disabilities.
(5) Pre-conviction diversion for individuals with an autism spectrum disorder.
(6) Post-conviction diversion for adults with mental illness.
(7) Post-conviction diversion for adults with addictive disorders.
(8) Post-conviction diversion for adults with intellectual disabilities.
(9) Post-conviction diversion for adults with developmental disabilities.
(10) Post-conviction diversion for individuals with an autism spectrum disorder.
(c) In developing a plan, the advisory board must consider the ability of existing programs and resources within the community, including:
(1) a problem solving court established under IC 33-23-16;
(2) a court alcohol and drug program certified under IC 12-23-14-13;
(3) treatment providers certified by the division of mental health and addiction under IC 12-23-1-6 or IC 12-21-2-3(5); and
(4) other public and private agencies.
(d) Development of a forensic diversion program plan under this chapter or IC 11-12-2-3 does not require implementation of a forensic diversion program.
(e) The advisory board may:
(1) operate the program;
(2) contract with existing public or private agencies to operate one (1) or more components of the program; or
(3) take any combination of actions under subdivisions (1) or (2).
(f) Any treatment services provided under the forensic diversion program:
(1) for addictions must be provided by an entity that is certified by the division of mental health and addiction under IC 12-23-1-6; or
(2) for mental health must be provided by an entity that is:
(A) certified by the division of mental health and addiction under IC 12-21-2-3(5);
(B) accredited by an accrediting body approved by the division of mental health and addiction; or
(C) licensed to provide mental health services under IC 25.
As added by P.L.85-2004, SEC.3. Amended by P.L.192-2007, SEC.5; P.L.108-2010, SEC.2; P.L.2-2014, SEC.55; P.L.187-2015, SEC.8.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 3.7. Forensic Diversion Program › 11-12-3.7-7.5. Persons to Receive Information and Training Concerning Diversion Programs

Sec. 7.5. The following persons shall provide or be provided information and training concerning diversion programs or other probationary programs available for individuals with an addictive disorder, including information on medication assisted treatment within these programs:
(1) Judges, provided by the office of judicial administration.
(2) Prosecutors, provided by the prosecuting attorneys council.
(3) Public defenders, provided by the public defender council of Indiana.
As added by P.L.154-2015, SEC.1. Amended by P.L.161-2018, SEC.23.
2023 Indiana Code › Title 11. Corrections › Article 12. Community Corrections › Chapter 3.7. Forensic Diversion Program › 11-12-3.7-8. Request for Treatment; Tolling of Speedy Trial Period

Sec. 8. (a) An individual may request treatment under this chapter or the court may order an evaluation of the individual to determine if the individual is an appropriate candidate for forensic diversion.
(b) A request for treatment or an order for an evaluation under this chapter tolls the running of the speedy trial time period until the court has made a determination of eligibility for the program under this section.
As added by P.L.85-2004, SEC.3.