CHAPTER 9. REHABILITATION BASED DISCHARGE FOR LONG TERM INMATES
IC 11-13-9
Chapter 9. Rehabilitation Based Discharge for Long Term Inmates
IC 11-13-9-1
Excluded inmates
Sec. 1. This chapter does not apply to the following:
(1) An inmate who receives a sentence of death or life withoutparole under IC 35-50-2.
(2) An inmate who has committed an offense described inIC 11-8-8-4.5.
(3) A person convicted of a crime of violence (as defined inIC 35-50-1-2).
As added by P.L.119-2008, SEC.11.
IC 11-13-9-2
Department's duty to identify inmates and provide certaininformation to the parole board
Sec. 2. Notwithstanding any other law, as soon as practicable afteran inmate has been confined to the custody of the department fortwenty-five (25) consecutive years, or twenty-one (21) years if theinmate has received four (4) years of credit time under IC 35-50-6,the department shall:
(1) identify the inmate to the parole board; and
(2) provide the parole board with the inmate's offender progressreport.
As added by P.L.119-2008, SEC.11. Amended by P.L.42-2010,SEC.1.
IC 11-13-9-3
Parole board hearing
Sec. 3. Upon receipt of the material described in section 2 of thischapter, the parole board shall set a hearing to determine whether thecircumstances warrant the inmate's discharge from the custody of thedepartment.
As added by P.L.119-2008, SEC.11.
IC 11-13-9-4
Considerations bearing on discharge
Sec. 4. The parole board shall consider all relevant factors indetermining whether the inmate is to be discharged under thischapter and must consider a community investigation reportsubmitted to the parole board. The parole board shall give specialconsideration to an inmate who demonstrates each of the following:
(1) A good conduct history during confinement.
(2) Proof that the inmate will have suitable living quarters in acommunity if the inmate is discharged.
(3) Proof that one (1) or more employers in the area in whichthe inmate would reside if discharged have offered to employthe inmate for at least thirty (30) hours a week on the sameterms as the employer employs other employees. (4) Proof that the inmate:
(A) is at least a high school graduate; or
(B) has obtained:
(i) a general equivalency degree; or
(ii) a state of Indiana general educational development(GED) diploma.
As added by P.L.119-2008, SEC.11.
IC 11-13-9-5
Discharge; parole
Sec. 5. (a) If the parole board determines that the inmate:
(1) has been properly rehabilitated; and
(2) has suitable plans to carry out if discharged;
the parole board shall discharge the inmate from the custody of thedepartment. An inmate who is released from confinement under thissubsection must be placed on parole as described in subsection (b).
(b) An inmate who is discharged from the department under thissection shall be placed on parole as follows:
(1) An inmate who is required to be placed on parole for theremainder of the inmate's life under IC 35-50-6-1(e) shall beplaced on parole for the remainder of the inmate's life.
(2) An inmate who is:
(A) not an inmate described in subdivision (1); and
(B) not required to serve a period of probation;
shall be placed on parole for two (2) years.
As added by P.L.119-2008, SEC.11.
IC 11-13-9-6
Denial of discharge; new petition
Sec. 6. If the parole board denies an inmate's request to bedischarged under this chapter, the inmate may petition for a newreview not earlier than one (1) year after the parole board denies therequest.
As added by P.L.119-2008, SEC.11.
IC 11-13-9-7
Victim notification
Sec. 7. The parole board or the department shall notify aregistered crime victim in accordance with IC 11-8-7-2 if an inmateis discharged under this chapter.
As added by P.L.119-2008, SEC.11.
IC 11-13-9-8
Transmission of certain records to the legislative council
Sec. 8. The department shall transmit the materials described insection 2 of this chapter to the legislative council in an electronicformat under IC 5-14-6.
As added by P.L.119-2008, SEC.11.
IC 11-13-9-9 Rulemaking
Sec. 9. The department shall adopt rules under IC 4-22-2 toimplement this chapter.
As added by P.L.119-2008, SEC.11.