CHAPTER 6. PAROLE AND DISCHARGE OF DELINQUENT OFFENDERS
IC 11-13-6
Chapter 6. Parole and Discharge of Delinquent Offenders
IC 11-13-6-1
Application of chapter
Sec. 1. This chapter applies only to delinquent offenders.
As added by Acts 1979, P.L.120, SEC.6.
IC 11-13-6-2
Procedure for release on parole
Sec. 2. The department shall adopt, under IC 4-22-2, a procedurewhereby a committed delinquent offender may be released on parolebefore the time when he must be unconditionally discharged from hiscommitment. The procedure must be consistent with this chapter andinclude:
(1) the time when an offender is eligible for consideration forinitial release or reinstatement on parole;
(2) a method for determining an offender's suitability for releaseon parole, including information or criteria considered relevantto that determination;
(3) parole conditions that may be imposed by the department toassist the offender in his reintegration into the community; and
(4) a method for determining whether an offender has violateda condition of his parole, and the sanctions that may be imposedif a violation is found.
As added by Acts 1979, P.L.120, SEC.6.
IC 11-13-6-3
Offender's rights; denial of parole; parole outside Indiana;statement of conditions on release
Sec. 3. (a) In determining whether parole will be granted ordenied to an offender who is eligible for release on parole, thedepartment shall afford the offender before that determination:
(1) reasonable, advance written notice of the fact that he isbeing considered for release on parole;
(2) access, in accord with IC 11-8-5, to records and reports to beconsidered by the department in making the parole releasedecision; and
(3) an opportunity to appear before the person or personsmaking the determination, speak in his own behalf, and presentdocumentary evidence.
(b) If parole is denied, the department shall give the offenderwritten notice of the denial and the reasons for the denial. Nooffender may be denied parole solely on the basis that appropriateliving quarters are unavailable in the community to which he willreturn.
(c) The department may parole an offender who is outside Indianaon a record made by the appropriate authorities of the jurisdiction inwhich he is confined.
(d) When an offender is released on parole he shall be given a
written statement of any conditions imposed by the department.Signed copies of this statement shall be forwarded to any personcharged with his supervision and retained by the department.
As added by Acts 1979, P.L.120, SEC.6.
IC 11-13-6-4
Discharge; term of parole; offenders not on parole; certification ofdischarge
Sec. 4. (a) An offender released on parole remains on parole untilhe reaches twenty-one (21) years of age, unless his parole is revokedor he is discharged before that time by the department. Thedepartment may discharge him from his commitment any time afterhis release on parole and shall discharge him when he reachestwenty-one (21) years of age.
(b) An offender who is not on parole may be unconditionallydischarged by the department from his commitment at any time andshall be unconditionally discharged from his commitment uponreaching twenty-one (21) years of age.
(c) Upon discharge of an offender from his commitment underthis section, the department shall certify the discharge to the clerk ofthe committing court. Upon receipt of the certification, the clerk shallmake an entry on the record of judgment that the commitment hasbeen satisfied.
As added by Acts 1979, P.L.120, SEC.6.
IC 11-13-6-5
Supervision and assistance to offenders on parole
Sec. 5. The department shall supervise and assist offenders onparole. Its duties in this regard include:
(1) establishing methods and procedures in the administrationof parole, including investigation, supervision, workloads,recordkeeping, and reporting;
(2) assisting offenders in making parole release plans;
(3) providing employment counseling and assistance in job andresidential placement;
(4) providing family and individual counseling and treatmentplacement;
(5) providing financial counseling;
(6) providing vocational and educational counseling andplacement;
(7) supervising and assisting out of state parolees acceptedunder an interstate compact; and
(8) cooperating with public and private agencies and withindividual citizens concerned with the treatment or welfare ofoffenders and assisting the offender in obtaining services fromthese agencies and citizens.
As added by Acts 1979, P.L.120, SEC.6.
IC 11-13-6-5.5
Victim notification upon release of sex offender Sec. 5.5. (a) This section shall not be construed to limit victims'rights granted by IC 35-40 or any other law.
(b) As used in this section, "sex offense" refers to a sex offensedescribed in IC 11-8-8-5.
(c) As used in this section, "victim" means a person who hassuffered direct harm as a result of a delinquent act that would be asex offense if the delinquent offender were an adult. The termincludes a victim's representative appointed under IC 35-40-13.
(d) Unless a victim has requested in writing not to be notified, thedepartment shall notify the victim involved in the adjudication of adelinquent offender committed to the department for a sex offense ofthe delinquent offender's:
(1) discharge from the department of correction;
(2) release from the department of correction under anytemporary release program administered by the department;
(3) release on parole;
(4) parole release hearing under this chapter;
(5) parole violation hearing under this chapter; or
(6) escape from commitment to the department of correction.
(e) The department shall make the notification required undersubsection (d):
(1) at least forty (40) days before a discharge, release, orhearing occurs; and
(2) not later than twenty-four (24) hours after the escape of adelinquent offender from commitment to the department ofcorrection.
The department shall supply the information to a victim at theaddress supplied to the department by the victim. A victim isresponsible for supplying the department with any change of addressor telephone number of the victim.
(f) The probation officer preparing the predispositional reportunder IC 31-37-17 shall inform the victim before the predispositionalreport is prepared of the right of the victim to receive notificationfrom the department under subsection (d). The probation departmentshall forward the most recent list of the addresses or telephonenumbers, or both, of victims to the department. The probationdepartment shall supply the department with the information requiredby this section as soon as possible but not later than five (5) daysafter the receipt of the information. A victim is responsible forsupplying the department with the correct address and telephonenumber of the victim.
(g) Notwithstanding IC 11-8-5-2 and IC 4-1-6, a delinquentoffender may not have access to the name and address of a victim.Upon the filing of a motion by a person requesting or objecting to therelease of victim information or representative information, or both,that is retained by the department, the court shall review in camerathe information that is the subject of the motion before ruling on themotion.
(h) The notice required under subsection (d) must specify whetherthe delinquent offender is being discharged, is being released under
a temporary release program administered by the department, isbeing released on parole, is having a parole release hearing, is havinga parole violation hearing, or has escaped. The notice must containthe following information:
(1) The name of the delinquent offender.
(2) The date of the delinquent act.
(3) The date of the adjudication as a delinquent offender.
(4) The delinquent act of which the delinquent offender wasadjudicated.
(5) The disposition imposed.
(6) The amount of time for which the delinquent offender wascommitted to the department.
(7) The date and location of the interview (if applicable).
As added by P.L.77-2001, SEC.1. Amended by P.L.140-2006, SEC.16and P.L.173-2006, SEC.16; P.L.146-2008, SEC.374.
IC 11-13-6-6
Duties of employees assigned to supervise and assist parolees;employee not considered law enforcement officer
Sec. 6. (a) An employee of the department assigned to superviseand assist parolees may:
(1) execute warrants issued by the department;
(2) serve orders, subpoenas, and notices issued by thedepartment;
(3) conduct investigations necessary to the performance of hisduties;
(4) visit and confer with any person under his supervision, evenwhen that person is in custody;
(5) act as a probation officer if requested by the appropriatecourt and if that request is approved by the department;
(6) search a parolee's person or property if he has reasonablecause to believe that the parolee is violating or is in imminentdanger of violating a condition of parole;
(7) arrest a parolee without a warrant if he has reasonable causeto believe that the parolee has violated or is about to violate acondition of his parole and that an emergency situation exists,so that awaiting action under section 7 of this chapter wouldcreate an undue risk to the public or to the parolee; and
(8) exercise any other power reasonably necessary indischarging his duties and powers.
(b) An employee of the department assigned to supervise andassist parolees is not considered a law enforcement officer underIC 5-2-1 or IC 35-41-1.
As added by Acts 1979, P.L.120, SEC.6. Amended by P.L.311-1983,SEC.36.
IC 11-13-6-7
Parole revocation proceedings; initiating actions; order to appear;warrant for arrest and confinement
Sec. 7. (a) If the department believes that a parolee has violated
a condition of his parole, it may initiate parole revocationproceedings by:
(1) issuing an order for the parolee to appear for a revocationhearing on the alleged violation; or
(2) issuing a warrant for the arrest and confinement of theparolee pending a preliminary hearing if there is a risk of hisfleeing or being removed from the jurisdiction.
(b) When the department issues an order under subsection (a)(1)for the parolee to appear for a revocation hearing, the parolee and hisparent, guardian, or custodian shall be given written notice of:
(1) the date, time, and place of the hearing;
(2) the parole condition alleged to have been violated;
(3) the procedures and rights applicable to such hearing; and
(4) the possible sanctions if a violation is found.
(c) When the department issues a warrant under subsection (a)(2)of this section for the arrest and confinement of the parolee pendinga preliminary hearing, the parolee and his parent, guardian, orcustodian shall be given written notice of:
(1) the date, time, and place of the hearing;
(2) the parole condition alleged to have been violated;
(3) the procedures and rights applicable to that hearing;
(4) if probable cause is found to exist, his right to a revocationhearing and the procedures and rights applicable to that hearing;and
(5) the possible sanctions if a violation is found.
As added by Acts 1979, P.L.120, SEC.6.
IC 11-13-6-8
Probable cause hearing
Sec. 8. (a) Upon the arrest and confinement of a parolee for analleged violation of a condition of parole, a person other than the onewho reported or investigated the alleged violation or whorecommended revocation shall hold a preliminary hearing todetermine whether there is probable cause to believe a violation ofa condition has occurred. In connection with the hearing the paroleeis entitled to:
(1) appear and speak in his own behalf;
(2) call witnesses and present documentary evidence;
(3) confront and cross-examine witnesses, unless the personconducting the hearing finds that to do so would subject thewitness to a substantial risk of harm; and
(4) have a written statement of the findings of fact and theevidence relied upon.
(b) The parolee's parent, guardian, or custodian is entitled to bepresent at the hearing.
(c) If it is determined there is not probable cause to believe theparolee violated a condition of his parole, the charge shall bedismissed.
(d) If it is determined from the evidence presented that there isprobable cause to believe the parolee violated a condition of his
parole, confinement of the parolee may be continued pending aparole revocation hearing.
(e) In a case where the alleged violation of parole is based on acriminal conviction or a delinquency adjudication, the preliminaryhearing required by this section need not be held.
(f) Unless good cause for the delay is established in the record ofthe proceeding, the parole revocation charge shall be dismissed if thepreliminary hearing is not held within ten (10) days after the date ofthe arrest.
As added by Acts 1979, P.L.120, SEC.6.
IC 11-13-6-9
Parole revocation hearing; time; presence of parent, guardian, orcustodian; dismissal; violation of condition; statement of reasonsfor action taken; dismissal for delay
Sec. 9. (a) A parolee confined due to an alleged violation of hisparole shall be afforded a parole revocation hearing by thedepartment within sixty (60) days after his arrest. A parolee who isnot confined and against whom is pending a charge of paroleviolation shall be afforded a parole revocation hearing within onehundred eighty (180) days after the date an order was issued for hisappearance at a parole revocation hearing or the date of his arrest onthe parole violation warrant, whichever is earlier. The purpose of thehearing is to determine whether a violation of a condition of parolehas occurred and, if so, the appropriate action. In connection with thehearing the parolee is entitled to those procedural safeguardsenumerated in section 8(a) of this chapter, plus representation bycounsel and, if indigent, to have counsel appointed for him. Theparolee may offer evidence in mitigation of the alleged violation.
(b) The parolee's parent, guardian, or custodian is entitled to bepresent at the hearing. The department shall give the parent,guardian, or custodian notice of the hearing.
(c) if it is determined from the evidence presented that the paroleedid not commit a violation of a condition of parole, the charge shallbe dismissed.
(d) If the department finds that the parolee did violate a conditionof his parole, it may continue him on parole, with or withoutmodifying the conditions, or revoke the parole and order himconfined on either a continuous or intermittent basis.
(e) The department shall provide the parolee with a writtenstatement of the reasons for the action taken under subsection (d), ifparole is revoked.
(f) Unless good cause for the delay is established in the record ofthe proceeding, the parole revocation charge shall be dismissed if therevocation hearing is not held within the time established bysubsection (a).
As added by Acts 1979, P.L.120, SEC.6. Amended by Acts 1980,P.L.87, SEC.8.