IC 11-10-8
    Chapter 8. Minimum Security Release Program for CriminalOffenders and Offender Earnings

IC 11-10-8-1
Application of chapter
    Sec. 1. This chapter applies only to criminal offenders.
As added by Acts 1979, P.L.120, SEC.3.

IC 11-10-8-2
Establishment of programs; violent crime offenders
    Sec. 2. (a) Except as provided in subsection (b), the departmentshall establish a minimum security release program in which eligiblecommitted offenders may be temporarily released from custody to:
        (1) work;
        (2) conduct a business or other self-employed occupation,including housekeeping or attending to family needs;
        (3) attend an academic or vocational training institution orprogram;
        (4) obtain medical, psychiatric, or psychological treatment,including treatment for drug addiction or alcoholism; or
        (5) accomplish other purposes consistent with programs of thedepartment.
    (b) An offender convicted of:
        (1) a violent crime (as defined in IC 5-2-6.1-8); or
        (2) a sex offense under IC 35-42-4 or IC 35-46-1-3;
is not eligible to participate in a minimum security assignment thatconstitutes an assignment of the offender to a program requiringweekly reporting to a designated official.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.136-1989,SEC.2; P.L.2-1992, SEC.110; P.L.47-1993, SEC.5; P.L.144-1995,SEC.1.

IC 11-10-8-3
Assignment to program; requirements
    Sec. 3. (a) Before an offender may be assigned to a minimumsecurity release program:
        (1) the offender must be assigned to a minimum securityclassification in accord with IC 35-38-3 (any change in thedegree of security, from minimum to a higher degree, whetherthe change occurs before or after assignment to a releaseprogram, renders the offender ineligible for participation in therelease program, and the department shall take appropriateaction for the offender's immediate removal from the releaseprogram and reassignment to a facility or program consistentwith the offender's degree of security assignment); and
        (2) the department must find that:
            (A) the offender is likely to respond affirmatively to theprogram;
            (B) it is reasonably unlikely that the offender will commit

another crime while assigned to the program; and
            (C) the offender demonstrates reading and writing skills thatmeet minimum literacy standards:
                (i) developed by the department; and
                (ii) established under rules adopted by the departmentunder IC 4-22-2.
    (b) The minimum literacy standards adopted by the departmentunder subsection (a)(2)(C) must provide that an offender is exemptfrom those standards if the department determines that:
        (1) the offender is unable to meet the minimum literacystandards as a result of a disability; or
        (2) the length of the offender's sentence prevents the offenderfrom achieving the minimum literacy standards before theexpiration of the offender's sentence.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.150-1987,SEC.1; P.L.23-1993, SEC.34; P.L.1-2005, SEC.124; P.L.1-2007,SEC.101.

IC 11-10-8-4
Contracts for confinement of offenders
    Sec. 4. The department may enter into contracts with appropriatecity, county, state, or federal authorities for the confinement of, andprovision of other correctional services to, offenders; and the city,county, and state authorities may enter into such contracts. If thedepartment determines that an offender participating in a minimumsecurity release program does not require the security of a publicdetention facility, it may contract with other public or privateagencies for his custody and care.
As added by Acts 1979, P.L.120, SEC.3.

IC 11-10-8-5
Directives; establishment
    Sec. 5. (a) The department shall establish directives governing:
        (1) eligibility and selection of prospective employers forparticipation in the work release program;
        (2) eligibility and selection of institutions and programs forparticipation in the study release program;
        (3) eligibility and selection of hospitals, clinics, or otheragencies or individuals for participation in the medical releaseprogram;
        (4) the procedure by which an offender may apply forparticipation in a minimum security release program;
        (5) custody of an offender during the time he is not activelyengaged in the activity to which he is assigned;
        (6) conduct of an offender participating in a minimum securityrelease program, including sanctions for violation of rules ofconduct;
        (7) accounting procedures for the disposition of a participatingoffender's earnings;
        (8) an offender's voluntary or involuntary removal from a

minimum security release program;
        (9) departmental assistance in obtaining medical treatment orsuitable employment, academic, or vocational training in theprograms authorized by this chapter; and
        (10) any additional matters concerning the generaladministration of programs authorized by this chapter.
    (b) For purposes of IC 4-22-2, the term "directive" as used in thissection relates solely to internal policy and procedure not having theforce of law.
As added by Acts 1979, P.L.120, SEC.3.

IC 11-10-8-6
Earnings of offender; distribution
    Sec. 6. (a) The earnings of an offender employed in a work releaseprogram under this chapter, less payroll deductions required by lawand court ordered deductions for satisfaction of a judgment againstthe offender, shall be surrendered to the department or its designatedrepresentative. The remaining earnings shall be distributed in thefollowing order:
        (1) State and federal income taxes and Social Securitydeductions not otherwise withheld.
        (2) The cost of membership in an employee organization.
        (3) Ten percent (10%) of the offender's gross earnings, to bedeposited in the violent crime victims compensation fundestablished by IC 5-2-6.1-40.
        (4) Not less than fifteen percent (15%) of the offender's grossearnings, if that amount of the gross is available after the abovedeductions, to be given to the offender or retained by thedepartment. If retained by the department, the amount, withaccrued interest, must be returned to the offender not later thanat the time of the offender's release on parole or discharge.
        (5) The expense of room and board, as fixed by the departmentand the budget agency, in facilities operated by the department,or, if the offender is housed in a facility not operated by thedepartment, the amount paid by the department to the operatorof the facility or other appropriate authority for room and boardand other incidentals as established by agreement between thedepartment and the appropriate authority.
        (6) Transportation cost to and from work, and other workrelated incidental expenses.
        (7) Court ordered costs or fines imposed as a result ofconviction of an offense under Indiana law, unless the costs orfines are being paid through other means.
        (8) If an offender is eligible for an offender reentryadministrative account under IC 11-10-15, at least ten percent(10%) and not more than twenty percent (20%) of the offender'sgross earnings, to be deposited in the offender's reentryadministrative account.
    (b) After the amounts prescribed in subsection (a) are deducted,the department may, out of the remaining amount:        (1) when directed by the offender or ordered by the court, payfor the support of the offender's dependents (if the offender'sdependents are receiving welfare assistance, the appropriatecounty office of the division of family resources or welfaredepartment in another state shall be notified of thesedisbursements); and
        (2) with the consent of the offender, pay to the offender'svictims or others any unpaid obligations of the offender.
    (c) Any remaining amount shall be given to the offender orretained by the department in accord with subsection (a)(4).
    (d) The department may, when special circumstances warrant orfor just cause, waive the collection of room and board charges by oron behalf of a facility operated by the department or, if the offenderis housed in a facility not operated by the department, authorizepayment of room and board charges from other available funds.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.2-1992,SEC.111; P.L.4-1993, SEC.14; P.L.5-1993, SEC.27; P.L.47-1993,SEC.6; P.L.1-1994, SEC.44; P.L.146-2008, SEC.370; P.L.44-2009,SEC.6; P.L.104-2009, SEC.3.

IC 11-10-8-6.5
Work release_study release subsistence special revenue fund
    Sec. 6.5. (a) There is created the work release-study releasesubsistence special revenue fund to be used for:
        (1) construction of new work release or study release facilities;
        (2) maintenance of work release or study release facilities;
        (3) general operating costs of the work release or study releaseprograms, including offender services;
        (4) providing programs or services established underIC 11-13-8; or
        (5) the matching of federal funds for use in the work release orstudy release programs.
    (b) Money collected under section 6(a)(5) of this chapter shall bedeposited in the fund not later than the fifteenth day of the monthfollowing the month in which it was received.
    (c) Earnings on the money deposited in the fund shall bedeposited in the fund.
    (d) The commissioner shall submit a proposed budget forexpenditure of the money in the fund to the state budget agency forapproval in accord with IC 4-12-1.
    (e) If the fund is abolished, its contents revert to the state generalfund.
    (f) Money in the fund is continuously appropriated for thepurposes provided under this article.
As added by Acts 1980, P.L.88, SEC.2. Amended byP.L.240-1991(ss2), SEC.55.

IC 11-10-8-7
Supervision over conditions of employment
    Sec. 7. The department of labor shall exercise the same

supervision over conditions of employment for offenders under thischapter as the department of labor does over conditions ofemployment for persons who are not committed.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.37-1985,SEC.3.

IC 11-10-8-8
Status of offender while going to or from employment
    Sec. 8. An offender employed under this chapter by an employerother than the department is not an agent, employee, or involuntaryservant of the department while working or going to or from theemployment.
As added by Acts 1979, P.L.120, SEC.3.

IC 11-10-8-9
Notice to victim before assignment of offender to work releaseprogram
    Sec. 9. Before the department may assign an offender to a workrelease program, the department must notify any victim of theoffender's crime of the right to submit a written statement to:
        (1) a sentencing court in accordance with IC 11-10-11.5-4.5, ifthe offender is under consideration for assignment to acommunity transition program; and
        (2) the department, if the offender is under consideration forassignment to any other work release program.
If the name or address of a victim of the offender's crime changesafter the offender is sentenced for the offense, and the offender'ssentence may result in the offender's assignment to the work releaseprogram, the victim is responsible for notifying the department of thename or address change.
As added by P.L.90-2000, SEC.2.