CHAPTER 11.5. ASSIGNMENT TO COMMUNITY TRANSITION PROGRAM
IC 11-10-11.5
Chapter 11.5. Assignment to Community Transition Program
IC 11-10-11.5-1
Applicability of chapter
Sec. 1. This chapter applies to a person:
(1) who is committed to the department under IC 35-50 for one(1) or more felonies; and
(2) against whom a court imposed a sentence of at least two (2)years.
As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,SEC.3; P.L.85-2004, SEC.31.
IC 11-10-11.5-2
Notice of offender's eligibility for program
Sec. 2. (a) Not earlier than sixty (60) days and not later thanforty-five (45) days before an offender's community transitionprogram commencement date, the department shall give writtennotice of the offender's eligibility for a community transitionprogram to each court that sentenced the offender for a period ofimprisonment that the offender is still actively serving. The noticemust include the following information:
(1) The person's name.
(2) A description of the offenses for which the person wascommitted to the department.
(3) The person's expected release date.
(4) The person's community transition program commencementdate designated by the department.
(5) The person's current security and credit time classifications.
(6) A report summarizing the person's conduct while committedto the department.
(7) Any other information that the department determines wouldassist the sentencing court in determining whether to issue anorder under IC 35-38-1-24 or IC 35-38-1-25.
(b) If the offender's expected release date changes as the result ofthe loss of credit time after notice is sent to each court under thissection, the offender may become ineligible for a communitytransition program.
(c) If the offender's expected release date changes as the result ofthe gain of credit time after notice is sent to each court under thissection, the offender may be assigned to a community transitionprogram if the department determines that:
(1) a sufficient amount of time exists to allow a court underIC 35-38-1-24 or IC 35-38-1-25 to consider a written statementdescribed in section 4.5 of this chapter; and
(2) an offender will have at least thirty (30) days remaining onthe offender's sentence after the court's consideration of awritten statement under subdivision (1), calculated as follows:
(A) Beginning on the date the department will assign theoffender to a minimum security classification and place the
offender in a community transition program.
(B) Ending with the recalculated expected release date.
(d) The department shall notify each court whenever thedepartment finds that an offender is ineligible for the programbecause of a change in the person's credit time.
As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,SEC.4; P.L.85-2004, SEC.32.
IC 11-10-11.5-3
Provision of other information
Sec. 3. The department shall provide any other informationrequested by the sentencing court.
As added by P.L.273-1999, SEC.208.
IC 11-10-11.5-3.5
Nonresident's ineligibility for program
Sec. 3.5. An offender who resides outside Indiana is not eligiblefor a community transition program.
As added by P.L.90-2000, SEC.5.
IC 11-10-11.5-3.6
Sentences by multiple courts
Sec. 3.6. If an offender who is eligible to be assigned to acommunity transition program is sentenced by more than one (1)court, the offender must be considered for assignment to acommunity transition program located in the community where thecourt that imposed the sentence with the longest period ofimprisonment that the offender is actively serving is located.However, before an offender may be assigned to a communitytransition program, each court that sentenced the offender to a periodof imprisonment that the offender is actively serving must agree tothe assignment.
As added by P.L.90-2000, SEC.6.
IC 11-10-11.5-4
Copy of notice sent to prosecuting attorney
Sec. 4. The department shall send a copy of a notice requiredunder section 2 of this chapter to the prosecuting attorney where theperson's case originated. The notice under this section need notinclude the information described in section 2(6) through 2(7) andsection 3 of this chapter. However, upon request to the sentencingcourt, the court receiving the notice under section 2 of this chaptershall permit the prosecuting attorney to review and obtain copies ofany information included in the notice.
As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,SEC.7.
IC 11-10-11.5-4.5
Offender's and victim's rights to submit written statement
Sec. 4.5. (a) Before the department may assign an offender to a
minimum security classification and place the offender in acommunity transition program, the department shall notify:
(1) the offender and any victim of the offender's crime of theright to submit a written statement regarding the offender'sassignment to the community transition program; and
(2) the offender of the right to submit a written statementobjecting to the offender's placement in a community transitionprogram;
to each court that sentenced the offender to a period of imprisonmentthat the offender is actively serving. If the name or address of avictim of the offender's crime changes after the offender is sentencedfor the offense, and the offender's sentence may result in theoffender's assignment to the community transition program, thevictim is responsible for notifying the department of the name oraddress change.
(b) An offender or a victim of the offender's crime who wishes tosubmit a written statement under subsection (a)(1) must submit thestatement to each court and the department not later than ten (10)working days after receiving notice from the department undersubsection (a).
(c) An offender's written statement objecting to the offender'splacement in a community transition program under subsection (a)(2)must be submitted to each court and the department:
(1) not later than ten (10) working days after receiving noticefrom the department under subsection (a); or
(2) before the offender is transported under section 7 of thischapter;
whichever occurs first.
As added by P.L.90-2000, SEC.8. Amended by P.L.85-2004, SEC.33.
IC 11-10-11.5-5
Commencement date; Class C or Class D felony
Sec. 5. (a) This section applies to a person if the most seriousoffense for which the person is committed is a Class C or Class Dfelony.
(b) Unless the department has received:
(1) an order under IC 35-38-1-24; or
(2) a warrant order of detainer seeking the transfer of the personto a county or another jurisdiction;
the department shall assign a person to a minimum securityclassification and place the person in a community transitionprogram beginning with the community transition programcommencement date designated by the department until the personcompletes the person's fixed term of imprisonment, less the credittime the person has earned with respect to the term.
As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,SEC.9; P.L.85-2004, SEC.34.
IC 11-10-11.5-6
Commencement date; order under IC 35-38-1-25 Sec. 6. (a) This section applies to a person if the sentencing courtorders the department to assign a person to a community transitionprogram under IC 35-38-1-25.
(b) The department shall assign a minimum security classificationand place the person in a community transition program beginningwith the date specified in the sentencing court's order until the personcompletes the person's fixed term of imprisonment, less the credittime the person has earned with respect to the term.
As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,SEC.10.
IC 11-10-11.5-7
Transportation of offender to sheriff or other person
Sec. 7. Not later than seven (7) regular business days after aperson is assigned to a community transition program under thischapter, the department shall:
(1) comply with the procedures in IC 11-10-12-1(a)(1) andIC 11-10-12-1(a)(2); and
(2) transport the person to:
(A) the sheriff of the county where the person's caseoriginated;
(B) any other person ordered by the sentencing court; or
(C) a person or an entity designated by the supervisingauthority of the community transition program to which theperson is assigned.
The department may, upon request of the person, issue the workclothing described in IC 11-10-12-1(b).
As added by P.L.273-1999, SEC.208. Amended by P.L.85-2004,SEC.35.
IC 11-10-11.5-8
Transfer of offender to intake person; voluntary participation inprogram; disciplinary action
Sec. 8. (a) The person or entity receiving the offender undersection 7 of this chapter shall transfer the offender to the intakeperson for the community transition program.
(b) As soon as is practicable after receiving the offender, thecommunity transition program shall provide the offender with areasonable opportunity to review the rules and conditions applicableto the offender's assignment in the program.
(c) The department may take disciplinary action under IC 11-11-5against an offender who:
(1) has been assigned to a minimum security classification andplaced in a community transition program; and
(2) refuses to participate in the community transition program.
As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,SEC.11; P.L.85-2004, SEC.36.
IC 11-10-11.5-9
Duration of assignment to program Sec. 9. A person assigned to a community transition program shallremain in the assignment until the person completes the person'sfixed term of imprisonment, less the credit time the person hasearned with respect to the term, unless the community transitionprogram causes the person to be returned to the department forreassignment from the community transition program to a programor facility administered by the department under section 11.5(b) ofthis chapter. IC 11-10-12-2 does not apply to a person who completesan assignment in a community transition program.
As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,SEC.12.
IC 11-10-11.5-10
Credit time
Sec. 10. A person assigned to a community transition programcontinues to earn credit time during the person's assignment to acommunity transition program.
As added by P.L.273-1999, SEC.208.
IC 11-10-11.5-11
Rules and conditions
Sec. 11. While assigned to a community transition program, aperson must comply with:
(1) the rules concerning the conduct of persons in thecommunity transition program, including rules related topayments described in section 12 of this chapter, that areadopted by the community corrections advisory boardestablishing the program or, in counties that are not served bya community corrections program, that are jointly adopted bythe courts in the county with felony jurisdiction; and
(2) any conditions established by the sentencing court for theperson.
As added by P.L.273-1999, SEC.208. Amended by P.L.3-2008,SEC.89.
IC 11-10-11.5-11.5
Community transition required; request for delay; disciplinaryaction
Sec. 11.5. (a) Except as provided in section 4.5 of this chapter, anoffender is not entitled to refuse to be placed into a communitytransition program. However, the offender may request that anassignment to a community transition program be delayed if theoffender will be enrolled in department programming on thecommunity transition program commencement date designated by thedepartment.
(b) The community transition program, following a hearing andupon a finding of probable cause that the offender has failed tocomply with a rule or condition under section 11 of this chapter,may:
(1) request a court to issue a warrant ordering the department to
immediately:
(A) return the offender to the department; or
(B) reassign the offender to a program or facilityadministered by the department; or
(2) take disciplinary action against an offender who violatesrules of conduct. Disciplinary action under this subdivision mayinclude the loss of earned credit time under IC 35-50-6-5.
(c) An offender who is returned to the department undersubsection (b) is not eligible for assignment to another communitytransition program for the duration of the sentence or sentences theoffender is actively serving.
As added by P.L.90-2000, SEC.13. Amended by P.L.85-2004,SEC.37.
IC 11-10-11.5-12
Collection and distribution of earnings
Sec. 12. (a) Any earnings of a person employed while in acommunity transition program, less payroll deductions required bylaw and court ordered deductions for satisfaction of a judgmentagainst that person, may be collected by the community transitionprogram at the discretion of the community transition program.Unless otherwise ordered by the sentencing court, if the communitytransition program collects the earnings under this section, theremaining earnings shall be distributed in the following order:
(1) To pay state and federal income taxes and Social Securitydeductions not otherwise withheld.
(2) To pay the cost of membership in an employee organization.
(3) Not less than twenty-five percent (25%) of the person'sgross earnings, if that amount of the gross is available after theabove deductions, to be given to that person or retained for theperson, with accrued interest, until the person's release ordischarge.
(4) To pay for the person's room and board or electronicmonitoring provided by the community transition program.
(5) To pay transportation costs to and from work and otherwork related incidental expenses incurred by the communitytransition program.
(6) To pay court ordered costs, fines, or restitution.
(b) After the amounts prescribed in subsection (a) are deducted,the remaining amount may be used to:
(1) when directed by the person or ordered by the court, pay forthe support of the person's dependents (if the person'sdependents are receiving welfare assistance, the appropriateoffice of family and children or welfare department in anotherstate shall be notified of such disbursements); and
(2) with the consent of the person, pay to the person's victims orothers any unpaid obligations of that person.
(c) Any remaining amount shall be given to the person or retainedfor the person according to subsection (a)(3).
(d) The collection of room and board or electronic monitoring
costs under subsection (a)(4) may be waived.
As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,SEC.14.
IC 11-10-11.5-13
Repealed
(Repealed by P.L.90-2000, SEC.25.)
IC 11-10-11.5-14
Medical care while in program
Sec. 14. (a) A person assigned to a community transition programis responsible for the person's medical care while in the program.However, if the sentencing court finds that the person is unable topay for necessary medical care, the department shall provide for thenecessary medical care.
(b) The department, without a hearing, may transfer a personassigned to a community transition program to a facility operated bythe department or another place determined by the department formedical treatment that is not covered by payments made by theoffender or by insurance covering the offender.
(c) Whenever the department makes a transfer under subsection(b), the department may:
(1) reassign the offender from the community transitionprogram to another facility or program; or
(2) continue the offender's assignment to the communitytransition program and return the offender to the communitytransition program upon the completion of the medicaltreatment.
(d) An offender who is transferred for medical treatment undersubsection (b) continues to earn credit time during the period of theoffender's medical treatment.
(e) The department shall adopt rules under IC 4-22-2 to implementthis section.
As added by P.L.90-2000, SEC.15.