IC 11-10-2
    Chapter 2. Commitment, Evaluation, and Assignment ofDelinquent Offenders

IC 11-10-2-1
Application of chapter
    Sec. 1. This chapter applies only to delinquent offenders.
As added by Acts 1979, P.L.120, SEC.3.

IC 11-10-2-2
Commitment or award of guardianship; governing facts
    Sec. 2. Except as provided by section 6 of this chapter, thecommitment or award of guardianship of a delinquent offender to thedepartment is governed by the following:
        (1) All commitments are to the department as opposed to aspecific facility. The department shall determine the facility orprogram assignment. The initial conveyance of an offendermust be to a place designated by the department.
        (2) No offender under twelve (12) years of age or eighteen (18)years of age or older may be committed to the department.
        (3) No offender known to be pregnant may be committed to thedepartment.
As added by Acts 1979, P.L.120, SEC.3.

IC 11-10-2-3
Repealed
    (Repealed by P.L.146-2008, SEC.808.)

IC 11-10-2-4
Evaluation; information to consider; utilization of reports, or otherinformation; previous evaluations and information
    Sec. 4. (a) A committed offender shall, within a reasonable time,be evaluated regarding:
        (1) his medical, psychological, educational, vocational,economic and social condition, and history;
        (2) the circumstances surrounding his present commitment;
        (3) his history of delinquency; and
        (4) any additional relevant matters.
    (b) In making the evaluation prescribed in subsection (a), thedepartment may utilize reports of any precommitment physical ormental examination or other information or records forwarded by thecommitting court or other agency, if that information meets thedepartment's minimum standards for delinquent offender evaluation.
    (c) If a committed offender has undergone, within one (1) yearbefore the date of his commitment, a previous departmentalevaluation under this section, the department may rely on theprevious evaluation and the information used at that time. However,this subsection does not deprive an offender of the right to a medicaland dental examination under IC 11-10-3.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-2-5
Assignment to facility or program
    Sec. 5. (a) Upon completion of the evaluation prescribed insection 4 of this chapter, the department shall assign the offender toa facility or program; make an initial education, training,employment, or other assignment within that facility or program; andorder medical, psychiatric, psychological, or other services itconsiders appropriate. In making the assignment, the departmentshall, among other relevant information, consider:
        (1) the results of the evaluation prescribed in section 4 of thischapter;
        (2) the recommendations of the committing court;
        (3) the offender's need for special therapy or programs,including education, training, or employment available only inspecific facilities or programs;
        (4) the degree and type of custodial control necessary for theprotection of the public, staff, other committed offenders, andthe individual being considered;
        (5) the likelihood of the offender's reintegration into thecommunity in which the facility or program is located;
        (6) the desirability of keeping the offender in a facility orprogram near the area in which he resided before commitment;
        (7) the desires of the offender and his parents, guardian, orcustodian;
        (8) the current population levels of the facilities or programsconsidered appropriate for the offender; and
        (9) the probable length of commitment.
    (b) If the department determines that a committed offender ismentally or physically incapacitated to such an extent that propercustody, care, and control cannot be provided by the department, itshall make arrangements for placement outside the department.
    (c) If an offender is found to be pregnant, the department mayreturn her to the committing court for further disposition.
    (d) Before assigning an offender to a facility or program, thedepartment shall give him an opportunity to present pertinentinformation, discuss with him all aspects of the evaluation andassignment process, and work with him to determine a fair andappropriate assignment.
    (e) The department shall, by certified mail, return receiptrequested, notify the parent, guardian, custodian, or nearest relativeof any committed offender of his physical location and any changein that location.
    (f) This section does not preclude the temporary assignment of anoffender pending evaluation.
As added by Acts 1979, P.L.120, SEC.3.

IC 11-10-2-6
Court order for evaluation and determination of proposedassignment
    Sec. 6. A juvenile court may order a juvenile offender who is

before the court for disposition and is subject to commitment to thedepartment to be temporarily committed to the department, for notmore than fourteen (14) days (excluding Saturdays, Sundays, andlegal holidays) for evaluation and determination of proposedassignment under sections 4 and 5 of this chapter. The departmentshall forward to the court its written findings and recommendations.
As added by Acts 1979, P.L.120, SEC.3.

IC 11-10-2-7
Evaluation of offender by local governmental unit or other publicor private agency
    Sec. 7. This chapter does not preclude a local governmental unitor other public or private agency from evaluating an offender, beforecommitment to the department, as prescribed by sections 4 and 5 ofthis chapter, if that service is approved by the commissioner as asubstitute for departmental services.
As added by Acts 1979, P.L.120, SEC.3.

IC 11-10-2-8
Semiannual review of current assignment of committed offender;decision
    Sec. 8. The department shall, at least semiannually, review inaccord with sections 4 and 5 of this chapter every committedoffender who is not on parole to determine the appropriateness of hiscurrent assignment and to make an assignment decision based uponthat review. Before making an assignment decision, the departmentshall interview the offender, discuss with him the information onwhich the decision will be based, and allow him to challenge thatinformation and present pertinent information of his own. Thedepartment shall promptly notify the offender, in writing, of itsassignment decision and the reasons for it.
As added by Acts 1979, P.L.120, SEC.3.

IC 11-10-2-9
Involuntary segregation of offender; review; disciplinarysegregation
    Sec. 9. (a) An offender may be involuntarily segregated from thegeneral population of a facility or program if the department firstfinds that segregation is necessary for the offender's own physicalsafety or the physical safety of others.
    (b) The department shall review an offender so segregated at leastonce every thirty (30) days to determine whether the reason forsegregation still exists.
    (c) This section does not apply to disciplinary segregation underIC 11-11-5.
As added by Acts 1979, P.L.120, SEC.3.

IC 11-10-2-10
Transfer to adult facility or program; requirements; custody
    Sec. 10. (a) The commissioner may transfer a committed

delinquent offender to an adult facility or program according to thefollowing requirements:
        (1) The offender must be seventeen (17) years of age or olderat the time of transfer.
        (2) The department must determine that:
            (A) either the offender is incorrigible to the degree that hispresence at a facility or program for delinquent offenders isseriously detrimental to the welfare of other offenders, or thetransfer is necessary for the offender's own physical safetyor the physical safety of others; and
            (B) there is no other action reasonably available to alleviatethe problem.
        (3) No offender may be transferred to the Indiana state prisonor the Pendleton Correctional Facility.
    (b) The offender is under the full custody of the adult facility orprogram to which he is transferred until he is returned to a facility orprogram for delinquent offenders, except that his parole or dischargefrom the department shall be determined under IC 11-13-6.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.12-1996,SEC.9.