CHAPTER 5. CONDUCT AND DISCIPLINE
IC 11-11-5
Chapter 5. Conduct and Discipline
IC 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.
IC 11-11-5-2
Rules; adoption
Sec. 2. The department shall adopt rules for the maintenance oforder and discipline among committed persons. These rules mustdescribe the conduct for which disciplinary action may be imposed,the type of disciplinary action that may be taken, and the disciplinaryprocedure to be followed. These rules shall be made available to allcommitted persons. The disciplinary action imposed must beproportionate to the seriousness of the violation. For purposes ofIC 4-22-2, the term "rule" as used in this section relates solely tointernal policy and procedure not having the force of law.
As added by Acts 1979, P.L.120, SEC.4.
IC 11-11-5-3
Disciplinary actions; permissible
Sec. 3. The department may impose any of the following asdisciplinary 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 orprogram for a fixed period of time.
(9) Reassignment to a lower credit time class underIC 35-50-6-4.
(10) Deprivation of earned credit time under IC 35-50-6-5.
As added by Acts 1979, P.L.120, SEC.4.
IC 11-11-5-4
Disciplinary actions; not permissible
Sec. 4. The department may not impose the following asdisciplinary action:
(1) Corporal punishment.
(2) Confinement without an opportunity for at least one (1) hourof exercise five (5) days each week outside of immediate living
quarters, unless the department finds and documents that thisopportunity 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, readingand writing materials, or the use of hygienic facilities, exceptfor abuse of these.
(5) Restrictions on:
(A) medical and dental care;
(B) access to courts, unless a committed person has broughta claim in a state or an administrative court, that the courtdetermines to be frivolous, unreasonable, or groundless;
(C) access to legal counsel, government officials, orgrievance proceedings; and
(D) access to personal legal papers and legal researchmaterials.
(6) A deviation from the diet provided to other committedpersons 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 anytwenty-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.
IC 11-11-5-5
Disciplinary actions; hearing; advice and representation;timeliness of charge; witnesses; evidence; use of statements incriminal proceedings
Sec. 5. (a) Before imposing any disciplinary action, thedepartment shall afford the person charged with misconduct ahearing to determine his guilt or innocence and, if guilty, theappropriate action. The charged person may waive his right to ahearing. Also, before a charge is made, that person and adepartmental employee may agree to the types of disciplinary actionenumerated in sections 3(2) and 3(3) of this chapter if no record ofthe conduct or disciplinary action is placed in the person's file. Inconnection with the hearing, the person is entitled to:
(1) have not less than twenty-four (24) hours advance writtennotice of the date, time, and place of the hearing, and of thealleged misconduct, and the rule the misconduct is alleged tohave violated;
(2) have reasonable time to prepare for the hearing;
(3) have an impartial decisionmaker;
(4) appear and speak in his own behalf;
(5) call witnesses and present evidence unless the personconducting the hearing finds that to do so would subject awitness to a substantial risk of harm, or would result in theadmission of irrelevant or repetitive testimony;
(6) confront and cross-examine witnesses, unless the personconducting the hearing finds: (A) that to do so would subject a witness to a substantial riskof harm;
(B) that to do so would result in the admission of irrelevantor repetitive testimony; or
(C) based upon good cause stated on the record, that awitness is unavailable to attend the hearing;
(7) have advice and representation by a lay advocate of hischoice, if that lay advocate is available in the institution at thetime of the hearing, in those hearings based upon a charge ofinstitutional misconduct when the department determines helacks the competency to understand the issues involved or toparticipate in the hearing, or when the punishment may be thatspecified in:
(A) section 3(5) of this chapter if the restitution is more thantwo hundred dollars ($200);
(B) section 3(8) of this chapter if the segregation is for morethan fifteen (15) days; or
(C) section 3(6), 3(9), or 3(10) of this chapter;
(8) have a written statement of the findings of fact, the evidencerelied upon, and the reasons for the action taken;
(9) have immunity if his testimony is used in any criminalproceeding;
(10) have his record expunged of any reference to the charge ifhe is found not guilty or if a finding of guilt is later overturned;and
(11) be reimbursed for state wages lost due to action takenpending the hearing if he is found not guilty or if a finding ofguilt is later overturned.
Any finding of guilt must be supported by a preponderance of theevidence presented at the hearing.
(b) The department may not charge a committed person with adisciplinary rule violation unless it does so within ten (10) days ofthe date it becomes aware of that person's alleged involvement inmisconduct.
(c) Consistent with the objective of adequate and effectiverepresentation and the integrity of the hearing system the departmentmay adopt regulations which may limit the pool of persons eligibleto advise and represent accused persons to inmates in the generalpopulation. In any event, facility or program employees and inmatesmay not directly or indirectly charge for advice or representation.
(d) Any statement made by an accused person to departmentalemployees during the course of an investigation or hearing is notadmissible against him in any criminal proceeding arising out of thesame incident unless the accused:
(1) was informed:
(i) of his right to remain silent;
(ii) that anything he says can and will be used against him incourt;
(iii) of his right to have an attorney present during anyquestioning; (iv) his right to have an attorney appointed for him if he isunable to afford an attorney; and
(v) that if he decides to answer any questions, he may stopanswering at any time during the interrogation; and
(2) voluntarily, knowingly, and intelligently waived his rightsunder subdivision (1) to remain silent or to have an attorneypresent, or both.
As added by Acts 1979, P.L.120, SEC.4. Amended by Acts 1980,P.L.87, SEC.7; P.L.99-1986, SEC.3; P.L.135-1993, SEC.4.
IC 11-11-5-6
Segregation; review of status
Sec. 6. Disciplinary action may not be taken against a personbefore a determination of guilt. However, a person charged withmisconduct may be confined or separated from the generalpopulation of the facility or program for a reasonable period of timeif his continued presence in the general population poses a seriousthreat to himself, others, property, or the security of the facility orprogram. The department must review the status of that person atleast once every five (5) days to determine if the reason forsegregation still exists. Any time spent confined or separated fromthe general population before a determination of guilt must becredited toward any period of disciplinary segregation imposed.
As added by Acts 1979, P.L.120, SEC.4.
IC 11-11-5-7
Need for and appropriateness of continued segregation; review
Sec. 7. (a) The need for and appropriateness of continuedsegregation of a person committed to the department under the lawsof Indiana or another jurisdiction concerning custody of adults, andsegregated from the general population upon a finding ofmisconduct, shall be reviewed by the department at least once everythirty (30) days.
(b) The need for and appropriateness of continued segregation ofa person committed to the department under the laws of Indiana oranother jurisdiction concerning custody of juveniles, and segregatedfrom the general population upon a finding of misconduct, shall bereviewed by the department at least once every three (3) days.
As added by Acts 1979, P.L.120, SEC.4.
IC 11-11-5-8
Suspension of rights or procedures during emergency
Sec. 8. Any of the rights or procedures enumerated in this chaptermay be suspended upon declaration by the official in charge of thefacility or program that there exists an emergency situationthreatening the general security of the facility or program. The rightsor procedures again apply upon declaration by the official in chargeof the facility or program that the emergency has been resolved.
As added by Acts 1979, P.L.120, SEC.4.