reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 1 - Implementation of Interstate Compact on Juveniles › Section 1-8 - Discharge of juvenile; report and recommendations by receiving state; early discharge

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  11-8-2-10
Affected: IC  31-6-10
Sec. 8.
Upon request of the sending state for a progress report with recommendation prior to consideration of the case for discharge, the receiving state shall prepare and transmit such report. In cases where there has been a discharge from parole or probation or a change in the status of the parolee or probationer, the sending state shall forthwith notify the receiving state of such change. However the sending state shall not discharge any juvenile parolee or probationer before the expiration of the maximum time permissible for supervision pursuant to the adjudication of delinquency unless the receiving state shall agree to such earlier discharge.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 1 - Implementation of Interstate Compact on Juveniles › Section 1-9 - Uniform rules and regulations adopted by reference

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  11-8-2-10
Affected: IC  31-6-10
Sec. 9.
The Uniform Rules and Regulations as adopted by Compact Administrators are hereby adopted by reference.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 4 - Transfer of Inmate to Mental Hospital for Psychiatric Care › Section 4-1 - Mental examination of inmate; report by psychiatrist

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  11-8-2-10
Affected: IC  11-10-4
Sec. 1.
Any psychiatrist, employed by the Department of Correction, after examining an inmate of a correctional/penal institution, shall make a detailed report of the examination to the Commissioner of the Department of Correction or his designee.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 4 - Transfer of Inmate to Mental Hospital for Psychiatric Care › Section 4-2 - Contents of psychiatrist's report

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  11-8-2-10
Affected: IC  11-10-4
Sec. 2.
The psychiatrist's report shall include:
(a) The diagnosis arrived at by the psychiatrist;
(b) the signs, symptoms, and conditions on which the diagnosis is based;
(c) a complete history of the inmate, as far as it is obtainable; and,
(d) the psychiatrist's recommendation for disposition.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 4 - Transfer of Inmate to Mental Hospital for Psychiatric Care › Section 4-3 - Need for care and treatment; determination by commissioner

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  11-8-2-10
Affected: IC  11-10-4
Sec. 3.
The Commissioner of the Department of Correction or his designee, after receipt of the psychiatrist's report, shall make an administrative determination based upon the need of the inmate for care and treatment in a mental hospital.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 4 - Transfer of Inmate to Mental Hospital for Psychiatric Care › Section 4-4 - Transfer order; inmate's right to hearing

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  11-8-2-10
Affected: IC  11-10-4
Sec. 4.
If the Commissioner of the Department of Correction or his designee determines that the inmate is in need of psychiatric care and treatment, he shall order that the transfer be made and fully advise the inmate in writing of his right to a pre-transfer hearing in order to determine the need for the transfer.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 4 - Transfer of Inmate to Mental Hospital for Psychiatric Care › Section 4-5 - Appointment of pre-transfer hearing officer

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  11-8-2-10
Affected: IC  11-10-4
Sec. 5.
A hearing officer will be appointed for each pre-transfer hearing by the Commissioner of the Department of Correction.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 4 - Transfer of Inmate to Mental Hospital for Psychiatric Care › Section 4-6 - Written request for pre-transfer hearing; time limit

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  11-8-2-10
Affected: IC  11-10-4
Sec. 6.
The inmate shall have a period of five days in which to request in writing that the pre-transfer hearing be held. This should be sent to the Commissioner of the Department of Correction or his designee.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 4 - Transfer of Inmate to Mental Hospital for Psychiatric Care › Section 4-7 - Initiation of transfer proceeding when no request for hearing

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  11-8-2-10
Affected: IC  11-10-4
Sec. 7.
If no request in writing is received for a pre-transfer hearing within the five-day limitation, the Commissioner of the Department of Correction or his designee shall initiate the transfer proceedings.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 4 - Transfer of Inmate to Mental Hospital for Psychiatric Care › Section 4-8 - Standards for pre-transfer hearing

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  11-8-2-10
Affected: IC  11-10-4
Sec. 8.
If the Commissioner of the Department of Correction or his designee receives the written request for a pre-transfer hearing, the following minimum standards will be followed:
(a) Notice shall be given to the inmate informing him/her of time, place, and reason for the hearing at least seven days prior to the hearing, and must be given in both written and verbal form;
(b) a copy of the psychiatrist's report, with a recommendation for transfer, shall be given to the inmate at the time the notice of hearing is given;
(c) the inmate shall have the right to appear in person in order to present evidence and to cross-examine witnesses. He/she may be represented by counsel or other personal representation;
(d) a written decision must be impartially reached upon the evidence presented at the hearing, and stating the evidence relied upon in reaching that decision;
(e) one copy of the written decision and the hearing proceedings shall be retained in the inmate's packet.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 4 - Transfer of Inmate to Mental Hospital for Psychiatric Care › Section 4-9 - Waiver of pre-transfer hearing

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  11-8-2-10
Affected: IC  11-10-4
Sec. 9.
If the inmate agrees that he/she is in need of care and treatment at a mental hospital, he/she may sign a waiver of personal rights for this instance only. In the case of a juvenile, this waiver may be signed by the parents or legal guardian, in which case the transfer proceedings may be initiated.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 4 - Transfer of Inmate to Mental Hospital for Psychiatric Care › Section 4-10 - Notice of hearing officer's recommendation

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  11-8-2-10
Affected: IC  11-10-4
Sec. 10.
If, after the hearing, the hearing officer determines that the inmate is in need of care and treatment in a mental hospital, he shall notify the Commissioner of the Department of Correction or his designee, who shall then initiate the transfer proceedings.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 4 - Transfer of Inmate to Mental Hospital for Psychiatric Care › Section 4-11 - Notice and report of transfer to mental health commissioner

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  11-8-2-10
Affected: IC  11-10-4
Sec. 11.
If it has been determined that a transfer is necessary, the Commissioner of the Department of Correction or his designee shall notify the Commissioner of the Department of Mental Health or his designee of that fact, and shall then submit to the Commissioner of the Department of Mental Health or his designee a detailed report of the case.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 4 - Transfer of Inmate to Mental Hospital for Psychiatric Care › Section 4-12 - Contents of transfer report

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  11-8-2-10
Affected: IC  11-10-4
Sec. 12.
The report shall include copies of:
(a) The psychiatric evaluation;
(b) the findings of the administrative determination;
(c) the findings of the pre-transfer hearing, if one was held;
(d) the waiver of personal rights, if one was signed;
(e) a dated notification of the inmate's right to a pre-transfer hearing;
(f) a notarized statement by the Commissioner of the Department of Correction or his designee of failure to ask for pre-transfer hearing in writing with the five-day limitation, if this is the case.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 4 - Transfer of Inmate to Mental Hospital for Psychiatric Care › Section 4-13 - Authorization for acceptance of inmates

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  11-8-2-10
Affected: IC  11-10-4
Sec. 13.
After reviewing the report and/or examining the inmate, the Commissioner of the Department of Mental Health or his designee may prepare an authorization for the acceptance of the inmate by the Superintendent of a mental hospital.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 4 - Transfer of Inmate to Mental Hospital for Psychiatric Care › Section 4-14 - Required institution for transfer; exceptions

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  11-8-2-10
Affected: IC  11-10-4
Sec. 14.
All transfers are to be made to the Maximum Security Division at Dr. Norman M. Beatty Memorial Hospital, except that when considered necessary for treatment, the Commissioner of the Department of Mental Health or his designee may authorize transfer to a mental hospital rendering necessary treatment.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 4 - Transfer of Inmate to Mental Hospital for Psychiatric Care › Section 4-15 - Immediate transfers; declaration of emergency

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  11-8-2-10
Affected: IC  11-10-4
Sec. 15.
When, in the opinion of the Commissioner of the Department of Correction or his designee and the psychiatrist doing the evaluation, immediate transfer is necessary for the welfare of the inmate, the Commissioner of the Department of Correction or his designee may declare that an emergency exists.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 4 - Transfer of Inmate to Mental Hospital for Psychiatric Care › Section 4-16 - Initiation of emergency transfer; temporary acceptance of inmate

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  11-8-2-10
Affected: IC  11-10-4
Sec. 16.
If an emergency is declared, the Commissioner of the Department of Correction or his designee may initiate the transfer by the quickest possible means, and the Commissioner of the Department of Mental Health may accept the inmate on a temporary basis with the understanding that the Department of Mental Health will hold the pre-transfer hearing and all other necessary proceedings, if the Department of Mental Health agrees that an emergency situation exists.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 5 - Temporary Leaves for Inmates › Section 5-1 - Temporary leaves; purpose and conditions

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  11-8-2-10
Affected: IC  11-10-9-2
Sec. 1.
(1) As per House Enrolled Act 1189, which became Public Law 103
[Codified as IC  11-7-9-10.5. Repealed by P.L. 120-1979, SECTION 22. See, IC  11-10-9-2 concerning temporary releases.]
on July 1, 1973, inmates incarcerated in Indiana Department of Correction Facilities may be granted temporary leave for the purposes of:
(a) to visit a spouse, child (including a stepchild or adopted child), parent (including a stepparent or foster parent), grandparent (including stepgrandparent) or brother or sister who is seriously ill or to attend the funeral of any such person; or
(b) to obtain medical, psychiatric or psychological services when adequate services are not otherwise available; or
(c) to make contacts for employment; or
(d) to secure a residence upon release on parole or discharge; or
(e) to visit such person's family; or
(f) to appear before various educational panels, study groups, educational units, and other groups whose purpose is obtaining an understanding of the results, causes and prevention of crime and criminality, including appearances on television and radio programs; Provided, that such appearances shall be subject to the specific approval of the warden, or the superintendent of the institution, or the work release director, all under the direction of the commissioner.
The following are the conditions under which inmates may temporarily leave a facility of the Department of Correction:
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 6 - Collection, Maintenance, and Release of Offender and Juvenile Records › Section 6-1 - Definitions

Current through July 10, 2024
Authority: IC
				  11-8-5-2
Affected: IC
				  4-1-6; IC
				  11-8-5-1
Sec. 1.
The following definitions apply throughout this
				  article:
(1) "Department" means the
				department of correction.
(2)
				"Juvenile" means a person who is adjudged delinquent by a juvenile court and
				committed to and under the legal control of the department.
(3) "Offender" means an adult committed to
				and under the legal control of the department for committing a criminal
				offense.
(4) "Official record"
				means the record prepared and maintained by the department for each offender
				and juvenile received into the physical care and custody of the department. The
				record shall include, but is not limited to, written, printed, or electronic
				materials, documents, or data pertaining to services, programs, and all other
				official actions performed on behalf of that offender or juvenile. These
				records are identified by the same offender or juvenile name as received on the
				commitment order, assigned a department number as an identifier, and compiled
				and maintained as part of an offender/juvenile packet.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 6 - Collection, Maintenance, and Release of Offender and Juvenile Records › Section 6-2 - Classification of information

Current through July 10, 2024
Authority: IC
				  11-8-5-2
Affected: IC
				  11-8-5-2
Sec. 2.
The department shall collect, maintain, and use only that
				  offender or juvenile personal information that is relevant and necessary to
				  accomplish the statutory purposes of the agency. All offender or juvenile
				  information collected and retained by the department shall be classified in the
				  following manner:
(1) Unrestricted
				information shall include only information pertaining to an offender that is
				considered by law to be public information. Certain information normally
				considered restricted or confidential may be considered unrestricted
				information if there is a compelling public interest in disclosure.
				Unrestricted information is accessible by any person upon specific request,
				with the exception of offenders to whom the information does not pertain or any
				juvenile.
(2) Restricted
				information shall include, but is not limited, to the following:
(A) Education, medical, sex offender,
				substance abuse, disciplinary, criminal, and employment records.
(B) Finger and voice prints.
(C) Photographs.
(D) Institutional summaries.
(E) Psychiatric and psychological
				reports.
(F) Social history
				reports.
(G) Progress
				reports.
(H) Educational and
				vocational reports.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 6 - Collection, Maintenance, and Release of Offender and Juvenile Records › Section 6-4 - Inspection rights of offenders and juveniles

Current through July 10, 2024
Authority: IC
				  11-8-5-2
Affected: IC
				  4-1-6-3; IC
				  4-1-6-8
Sec. 4.
(a) An
				offender or a person designated in writing by an offender as his or her agent
				may inspect those portions of the offender's own official record classified as
				unrestricted and restricted consistent with the following:
(1) The requestor shall provide a valid
				picture identification and a signed authorization from the appropriate offender
				identifying the person acting as his or her agent and specifying the documents
				to be released to the agent.
(2) A
				person committed to or under the legal control of the department or on
				probation to a court may not act as an offender's agent. If doubt exists as to
				the identity of the offender's agent or the validity of the release, the
				offender shall be contacted for verification when possible.
(3) The cost of copying records under this
				section shall be assessed to the requestor and shall be consistent with
				approved schedules.
(4) If the
				offender's signed authorization is not on file with the facility or is not
				presented upon making the request, the requestor shall be advised that he or
				she may obtain such consent from the offender or file a formal request for
				access to records with the department.
(5) The requestor shall be advised in the
				event the request is denied to direct his or her appeal to the deputy
				commissioner of adult operations, who shall notify the requestor of his or her
				decision within thirty (30) days. If the deputy commissioner disapproves the
				request, an appeal may be taken within thirty (30) days to the commissioner of
				the department who shall review the request and notify the requestor of his or
				her decision within thirty (30) days.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 6 - Collection, Maintenance, and Release of Offender and Juvenile Records › Section 6-5 - Challenge of information by offender; investigation; change of record

Current through July 10, 2024
Authority: IC
				  11-8-5-2
Affected: IC
				  4-1-6-5
Sec. 5.
An offender may challenge, correct, or explain information
				  contained within his or her record in accordance with IC
				  4-1-6-5.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 6 - Collection, Maintenance, and Release of Offender and Juvenile Records › Section 6-6 - Access to information

Current through July 10, 2024
Authority: IC
				  11-8-5-2
Affected: IC
				  4-1-6-8; IC
				  4-1-6-8.6
Sec. 6.
(a) Courts
				and personnel authorized by a court shall have access to offender and juvenile
				records consistent with the following:
(1) All
				court orders pertaining to offender and juvenile records shall cause such
				records to be copied or released by the records supervisor immediately pursuant
				to the terms of the court order and the following:
(A) The record repository shall reflect in a
				manner prescribed by the department the whereabouts of records so removed and
				when they were removed and the name of the employee authorizing the transfer of
				the record from the department to the court.
(B) No offender or juvenile record or
				documents contained therein shall be altered or omitted prior to or during the
				transmittal of the official record to the court.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 6 - Collection, Maintenance, and Release of Offender and Juvenile Records › Section 6-7 - Research purposes; request for access to information

Current through July 10, 2024
Authority: IC
				  11-8-5-2
Affected: IC
				  4-1-6-8.6
Sec. 7.
All requests for access to offender or juvenile records for
				  research purposes shall be made to the director of planning services in written
				  form. Such requests shall include the name of the agency or organization
				  performing the research, the names of the persons directly responsible for the
				  following:
(1) Conducting such
				research.
(2) The purpose of such
				research.
(3) How the research is
				to be performed.
(4) What measures
				will be taken to assure the proper protection of classified information.
Approval of such requests will then be granted or denied
				  consistent with provisions of IC
				  4-1-6-8.6 and department
				  procedures.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 8 - General Visiting Guidelines for Death Row Inmates › Section 8-1 - Authorized visitors

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  35-38-6-4
Affected: IC  35-38-6-4
Sec. 1.
The convicted person may receive visits from his/her:
(1) Attorney
(2) Physician
(3) Relatives
(4) Friends
(5) Spiritual Advisor
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 8 - General Visiting Guidelines for Death Row Inmates › Section 8-2 - Visitation list

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 35-38-6-4
Affected: IC 35-38-6-4
Sec. 2.
Indiana state prison and Indiana women's prison shall maintain an approved visitation list for each offender awaiting execution. The visitation list will be updated at least twice a year in a manner convenient to the operation of the institution. Offenders may request visitation from any person provided the request is consistent with all pertinent operational procedures and this rule ( 210 IAC 1-8 ). Offenders may request that members of the media be considered for visitation as "friends." All offender visits will be conducted in regular visiting areas and during regular visiting hours. Recording equipment or special equipment is permitted only at the discretion of the superintendent and must be approved prior to the visit to the facility. The visitation list shall include:
(1) the offender's name and number;
(2) the name of the requested visitor;
(3) the address of the visitor;
(4) the relationship of the visitor to the offender; and,
(5) the age and sex of the visitor.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 8 - General Visiting Guidelines for Death Row Inmates › Section 8-3 - Operational procedures for updating and maintaining visiting list

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  35-38-6-4
Affected: IC  35-38-6-4
Sec. 3.
The facility head or designee shall develop operational procedures which outline the method offenders may use to request a visitor's name be placed on or removed from the visiting list, the specific staff person responsible for updating and maintaining the visiting list, the location and/or distribution of the visiting list, and the manner in which the offender and visitor are made aware of:
(1) the visitation days and hours;
(2) the visitation restrictions, including number of authorized visits;
(3) the necessity for visitor to provide staff with adequate identification;
(4) the visitors' dress requirement (i.e. visitors shall wear clothing that reflects the acceptable standards of society and which present no threat to the security, custody or maintenance of order at the institution).
State Form _____ "Offender Visitation List" shall be used for the purpose of listing the approved visitors for each offender.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 8 - General Visiting Guidelines for Death Row Inmates › Section 8-4 - Attorney visits

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  35-38-6-4
Affected: IC  35-38-6-4
Sec. 4.
Visits by the convicted person's attorney may occur as necessary during normal business hours of the institution. Exceptions to the usual hours of visits will be made on the approval of the institution head or his/her designee. Provisions will be made by the institution head to insure the visit observes attorney-client confidentiality while maintaining necessary security.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 8 - General Visiting Guidelines for Death Row Inmates › Section 8-5 - Physician visits

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  35-38-6-4
Affected: IC  35-38-6-4
Sec. 5.
Visits by the convicted person's physician will occur when necessary to the convicted person's health.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 8 - General Visiting Guidelines for Death Row Inmates › Section 8-6 - Immediate relative visits

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  35-38-6-4
Affected: IC  35-38-6-4
Sec. 6.
Immediate relatives (parents, guardians, spouse, children, grandparents, grandchildren) are encouraged to visit with the convicted offender consistent with restrictions imposed by the visiting environment of institution and security considerations. The Indiana state prison and Indiana women's prison shall establish reasonable guidelines to encourage and facilitate visits by the immediate relatives.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 8 - General Visiting Guidelines for Death Row Inmates › Section 8-7 - Other visitors

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  35-38-6-4
Affected: IC  35-38-6-4
Sec. 7.
(a) Visits by other relatives, by friends, and by spiritual advisors may be permitted upon the approval of the institution head or his/her designee. The frequency of these visits shall be consistent with those established for immediate relatives.
(b) Ex-offenders shall not be permitted to visit the offender without prior approval of the institution head.
(c) Parolees or probationers shall have written authorization from the parole or probation officer prior to being given consideration by the institution head. The institution head shall consider the safety and security of the individuals and the facility as well as the value to the offender when granting approval or denial of the request made by ex-offenders, parolees or probationers to visit offenders.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 8 - General Visiting Guidelines for Death Row Inmates › Section 8-8 - Records

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  35-38-6-4
Affected: IC  35-38-6-4
Sec. 8.
Indiana state prison and Indiana women's prison shall maintain a record for every offender designating all of the offender's visits. State Form _____, "Records of Offender Visits" shall be used for this purpose.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 8 - General Visiting Guidelines for Death Row Inmates › Section 8-9 - Visitor inspection

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  35-38-6-4
Affected: IC  35-38-6-4
Sec. 9.
Visitors shall be restricted as to what they may carry into the visiting area and shall be subject to reasonable inspection of their person and goods prior to entering the visiting area. If visitors refuse to submit to reasonable inspection of person and/or goods, the visit will not be permitted.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 8 - General Visiting Guidelines for Death Row Inmates › Section 8-10 - Physical contact

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  35-38-6-4
Affected: IC  35-38-6-4
Sec. 10.
Physical contact (embracing and kissing) between the convicted person and his/her visitors will be permitted at the beginning and close of visits. Holding hands during the visit will be permitted. Physical contact may be restricted if required for security reasons.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 9 - Literacy Standards for Participation in Minimum Security Release Program › Section 9-1 - Definitions

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  11-10-8-3
Affected: IC  11-10-8-3
Sec. 1.
The following definitions shall be applicable for the operations of literacy standards and minimum security release.
Minimum Security Release Program: Work release, regulated community assignment, or special assignment to a work release center.
Reading: Includes comprehension and vocabulary.
Writing: Language mechanics.
Handicapped: An offender who, in the judgement of psychological/psychiatric or education staff is potentially learning disabled, mentally or developmentally impaired to the extent that he/she is incapable of achieving minimum literacy competency.
Intake Unit: The department facility which receives the offender for initial classification. For these purposes, the intake units are the reception diagnostic center and Indiana women's prison.
Minimum Literacy Requirement: Competency level determined by the department of correction and the Indiana adult literacy coalition in the areas of reading and writing.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 9 - Literacy Standards for Participation in Minimum Security Release Program › Section 9-2 - Literacy standard requirement

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  11-10-8-3
Affected: IC  11-10-8-3
Sec. 2.
All adult offenders, unless otherwise exempt, are required to demonstrate reading and writing skills that meet minimum literacy standards to be classified for assignment to a minimum security release program. Minimum literacy standards are determined by the department of correction with the assistance of the Indiana adult literacy coalition. The minimum literacy requirement is equivalent to sixth grade skills in reading and writing.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 9 - Literacy Standards for Participation in Minimum Security Release Program › Section 9-3 - Exceptions to literacy requirement

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  11-10-8-3
Affected: IC  11-10-8-3
Sec. 3.
The literacy standard does not apply to an offender who:
(1) is unable to meet the minimum literacy standard as a result of a handicap;
(2) length of sentence prevents the offender from achieving minimum literacy standards before expiration of sentence;
(3) is approved for or assigned to a minimum security release program prior to September 1, 1987;
(4) holds a high school diploma, general equivalency diploma, or post-secondary education.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 9 - Literacy Standards for Participation in Minimum Security Release Program › Section 9-4 - Intake unit literacy competency testing

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  11-10-8-3
Affected: IC  11-10-8-3
Sec. 4.
Literacy testing shall be provided at the intake unit to determine the offender's competency level in reading and writing. If an offender declines to be tested and there is no verified documentation available regarding literacy competency, he/she shall be considered ineligible for minimum security release. An offender may retest 30 days after previous testing.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 9 - Literacy Standards for Participation in Minimum Security Release Program › Section 9-5 - Offender ineligible; notification

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  11-10-8-3
Affected: IC  11-10-8-3
Sec. 5.
If the offender does not have the minimum literacy skills required, he/she shall receive written and verbal notification of such ineligibility and advised what is required to change this classification in the future.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 9 - Literacy Standards for Participation in Minimum Security Release Program › Section 9-6 - Literacy requirement; length of sentence

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  11-10-8-3
Affected: IC  11-10-8-3
Sec. 6.
If department of education staff determine that an offender's length of sentence at the point of intake allows for sufficient time to complete the literacy requirement, however the offender delays entering the program until insufficient time for completion remains, or the offender chooses not to participate in the educational program; the offender will remain ineligible for minimum security release.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 10 - Offender Tort Claim Process › Section 10-1 - Personal property tort claims

Current through July 10, 2024
Authority: IC
				  34-13-3-7
Affected: IC
				  34-13-3
Sec. 1.
(a) This
				rule applies only to tort claims filed by offenders either currently committed
				to the department and confined in a department facility or who were committed
				to and confined in a department facility and who have alleged a loss of
				personal property due to actions or omissions by the department.
(b) Only those claims where an offender is
				attempting to recover compensation, either monetary compensation or replacement
				of property, for the loss of personal property are subject to this rule. This
				loss must be alleged to have occurred during the offender's confinement as a
				result of an act or omission of the department or any of its agents, officers,
				employees, or contractors. For the purpose of this rule, "personal property"
				means any property that offenders are allowed to possess, excluding
				state-issued property and contraband, in accordance with the department's
				administrative procedures for Policy
				02-01-101, "offender personal
				property".
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 10 - Offender Tort Claim Process › Section 10-2 - Time limit for filing a claim

Current through July 10, 2024
Authority: IC
				  34-13-3-7
Affected: IC
				  34-13-3
Sec. 2.
An offender must file a claim pursuant to this rule no later
				  than one hundred eighty (180) days after the date of the alleged loss. Claims
				  filed after this time frame has elapsed shall not be considered and shall be
				  returned to the offender.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 10 - Offender Tort Claim Process › Section 10-3 - Claim filing

Current through July 10, 2024
Authority: IC
				  34-13-3-7
Affected: IC
				  34-13-3
Sec. 3.
(a) In those
				cases where an offender alleges that the department or its agents have lost,
				damaged, or destroyed personal property belonging to the offender, the offender
				may file a claim for compensation. The offender shall complete the NOTICE OF
				LOSS OF PROPERTY-TORT CLAIM form. Each facility shall ensure that copies of
				this form are made available in the offender law library, offender housing
				units, or other suitable location. The offender also may obtain this form from
				his or her counselor.
(b) The
				offender will be required to complete this form by providing as much
				information as possible when describing the item lost and the manner in which
				it was lost. The offender shall attach any supporting documents or information
				to this form. When the form is completed, the offender shall submit the form to
				the facility head. The offender shall also send a copy of the claim, including
				all supporting documents, to the department's Tort Claim Administrator,
				Division of Legal Services, Indiana Government Center-South, 302 West
				Washington Street, E334, Indianapolis, Indiana 46204.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 10 - Offender Tort Claim Process › Section 10-4 - Claim investigation

Current through July 10, 2024
Authority: IC
				  34-13-3-7
Affected: IC
				  34-13-3
Sec. 4.
(a) The
				facility head shall designate a staff person to act as the facility's tort
				claims investigator. The tort claims investigator shall have access to all
				areas of the facility in order to investigate claims and make recommendations
				for settlement if applicable.
(b)
				The duties of the facility tort claims investigator shall include the
				following:
(1) Receiving the NOTICE OF LOSS OF
				PROPERTY-TORT CLAIM form from the facility head.
(2) Reviewing this form and any accompanying
				documentation.
(3) Investigating
				the claim made by the offender, including the following:
(A) Interviewing staff and the offender as
				necessary.
(B) Reviewing all
				pertinent documents, including personal property inventories, and commissary
				requests.
(C) Completing any other
				actions necessary to make a recommendation on the claim.
(4) Making a recommendation concerning the
				settlement of the claim and complete the tort claims investigator's section of
				the RECOMMENDATION ON TORT CLAIM form.
(5) Submitting the RECOMMENDATION ON TORT
				CLAIM form to the department's tort claims administrator.
(6) Maintaining files of all property loss
				tort claims filed by offenders at the facility.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 10 - Offender Tort Claim Process › Section 10-5 - Claim administration

Current through July 10, 2024
Authority: IC
				  34-13-3-7
Affected: IC
				  34-13-3
Sec. 5.
(a) The
				commissioner of the department shall appoint a staff person within the division
				of legal services to act as the tort claims administrator for all claims
				regarding loss of property by offenders. This staff person shall report to the
				director of the division of legal services.
(b) The duties of the tort claims
				administrator shall include the following:
(1)
				Receiving copies of the NOTICE OF LOSS OF PROPERTY-TORT CLAIM form submitted by
				offenders.
(2) Assigning a
				sequential case number to each notice received.
(3) Advising the facility tort claims
				investigator and the offender as to the case number assigned to the
				claim.
(4) Receiving copies of the
				RECOMMENDATION ON TORT CLAIM form from the facility tort claims
				investigator.
(5) Reviewing all
				documents and forms received from the offender and the facility tort claims
				investigator.
(6) Requesting
				additional information from the facility or the offender, as
				necessary.
(7) Making a
				recommendation to the office of the attorney general concerning settlement of
				the claims, including the following:
(A)
				Completing the AMENDMENT TO TORT CLAIM form in cases where the claim appears
				appropriate but the amount requested is not correct.
(B) Forwarding the AMENDMENT TO TORT CLAIM
				form to the facility tort claims investigator as necessary.
(C) Receiving the completed AMENDMENT TO TORT
				CLAIM form from the facility tort claims investigator.
(D) Completing the tort claims administrator
				section of the RECOMMENDATION ON TORT CLAIM form.
(8) Submitting all documentation to the
				office of the attorney general.
(9)
				Maintaining a file on all property loss tort claims filed in the
				department.
(10) Serving as the
				department liaison with the office of the attorney general for property loss
				tort claims.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 1 - GENERAL PROVISIONS › Rule 10 - Offender Tort Claim Process › Section 10-6 - Claim settlement

Current through July 10, 2024
Authority: IC
				  34-13-3-7
Affected: IC
				  34-13-3
Sec. 6.
(a) All
				checks for payment of property loss claims shall be sent to the offender at his
				or her housing facility.
(b) In
				those cases where the offender has been released from the department prior to
				the settlement of the claim, the tort claims administrator shall provide the
				attorney general with the offender's last known address.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 2 - COMMUNITY BASED CORRECTIONS › Rule 1 - Community Corrections Funding › Section 1-1 - Community correction plan; application for aid

Current through July 10, 2024
Authority: IC  11-8-2-5
Affected: IC  11-12-1-1; IC  11-12-2
Sec. 1.
(a) This section governs the procedures whereby counties make application for financial aid and outlines the community corrections plan.
(b) The commissioner of correction, consistent with IC  11-12-2-1, shall make grants to counties for the establishment and operation of community corrections programs. Priority for funding community corrections programs, as defined by IC  11-12-1-1, shall be given to those programs that assist in diverting offenders from the department. Other types of programs shall also be considered for funding.
(c) Program components and services that may be considered for funding are as follows:
(1) Adult services as follows:
(A) Components that provide alternatives to incarceration include, but are not limited to, the following:
(i) Residential programs.
(ii) Work/study release programs.
(iii) House arrest programs.
(iv) Home detention programs.
(v) Electronic monitoring programs.
(vi) Day reporting programs.
(vii) Jail services and jail work crew programs.
(viii) Those programs that provide offenders the opportunity to make restitution either to the victims of crimes or symbolically to the community, for example:
(AA) restorative justice;
(BB) community service restitution; or
(CC) community work crew programs.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 2 - COMMUNITY BASED CORRECTIONS › Rule 1 - Community Corrections Funding › Section 1-2 - Establishing, operating, and evaluating correctional programs

Current through July 10, 2024
Authority: IC  11-8-2-5
Affected: IC  11-12-2-3; IC  11-12-2-6; IC  35-38-2-1; IC  35-38-2.5-6
Sec. 2.
(a) This section governs the minimum standards for establishing, operating, and evaluating correctional programs funded under IC  11-12-2.
(b) Programs involving domiciliary care shall be established and operated in accordance with the following:
(1) Standards promulgated by the Indiana state department of health, the state fire marshal, and the fire prevention and building safety commission.
(2) Other applicable standards and statutes.
Such programs shall be subject to inspection in the same manner as all other facilities and programs supported by public funds.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 2 - COMMUNITY BASED CORRECTIONS › Rule 1 - Community Corrections Funding › Section 1-3 - Fund distribution

Current through July 10, 2024
Authority: IC  11-8-2-5
Affected: IC  11-12-2-1
Sec. 3.
The following formula will be utilized as a guideline in the distribution of community corrections funds under IC  11-12-2-1:
(1) All qualified applicant counties will be scored in accordance with a formula consisting of the following three (3) factors:
(A) Total county population, according to the most recent federal census, or, in the intervening years between the taking of the federal census, determination will be made according to the most recently published projection of the Indiana state department of health.
(B) Total county population ten (10) years of age through thirty-four (34) years of age according to the most recent federal census, or, in the intervening years between the taking of the federal census, determination will be made according to the most recent projection of the Indiana state department of health.
(C) The third factor is to be calculated as follows:
(i) Determine the net value of taxable property as same appears for the most recent tax year in the most recent annual report of the auditor of state.
(ii) Divide the amount determined in item (i) by the total population of the individual county to obtain a per capita of net taxables.
(iii) Add the results obtained in item (ii) and reduce same to a percentage of the total for each county.
(iv) The result will then be the percentage for the third factor.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 2 - COMMUNITY BASED CORRECTIONS › Rule 1 - Community Corrections Funding › Section 1-4 - Fund disbursement

Current through July 10, 2024
Authority: IC  11-8-2-5
Affected: IC  11-12-2
Sec. 4.
(a) This section governs the disbursement of community corrections funds.
(b) The department of correction, after having determined the amount of grant funds available to a county, shall cause the amount, less charges to the county under IC  11-12-2-9
[IC  11-12-2-9 was repealed by P.L. 105-2010, SECTION 18, effective July 1, 2010.]
, to be encumbered against appropriations available for the purpose of implementing IC  11-12-2-1.
(c) The county shall make claim for available funds monthly, in arrears, on forms prescribed by the department of correction and approved by the state board of accounts. The claims shall be for not more than one-twelfth (1/12) of the grant available, less charges made under IC  11-12-2-9
[IC  11-12-2-9 was repealed by P.L. 105-2010, SECTION 18, effective July 1, 2010.]
and advancements made under IC  11-12-2-5.
(d) The claims shall be certified to the department of correction by the county auditor.
(e) The claims shall be made payable to the county auditor and shall be quietused into a separate fund known as the "Community Corrections Fund".
(f) Funds shall be disbursed from the Community Corrections Fund for purposes of implementing the county community corrections plan as otherwise provided by law.
(g) In the event that two (2) or more counties join in implementing the Community Corrections Grant Act, as provided by IC  11-12-2-2(c), funds shall be paid to the county designated to act as fiscal agent for the joint venture.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 2 - COMMUNITY BASED CORRECTIONS › Rule 2 - Credit Time › Section 2-1 - Credit time; authorization to deprive a person of earned good time credit

Current through July 10, 2024
Authority: IC  11-8-2-5; IC  11-8-2-10; IC  35-38-2.6-6
Affected: IC  35-38-2.6-6; IC  35-50-6-4
Sec. 1.
(a) This section governs the deprivation of a person's earned good time credit under IC  35-38-2.6-6(d).
(b) A person who is placed in a community corrections program may be deprived of earned good time credit by the director of a community corrections program, or designee, under IC  35-38-2.6-6(d)  for any violation of one (1) or more rules or conditions of the community corrections program.
(c) Before a person placed in a community corrections program under this section may be deprived of earned good time credit, the person must be granted a hearing to determine the person's guilt or innocence and, if found guilty, whether deprivation of earned good time credit is an appropriate disciplinary action for the violation. In connection with the hearing, the person is entitled to the procedural safeguards listed in IC  35-50-6-4(f). The person may waive the right to the hearing in writing.
(d) Authority to deprive and restore earned good time credit may be delegated to the judicial officer to be utilized during a violation hearing. This delegation must be approved by the local community corrections advisory board.
(e) A deprivation of earned good time credit under this rule may be applied only to the good time credit earned in connection with the person's placement in a community corrections program.
(f) Any part of the good time credit of which a person is deprived under this section may be restored.