CHAPTER 2. ORGANIZATION OF DEPARTMENT
IC 11-8-2
Chapter 2. Organization of Department
IC 11-8-2-1
Department of correction; establishment
Sec. 1. There is established in the executive branch of stategovernment a department of correction.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-2-2
Repealed
(Repealed by P.L.246-2005, SEC.226.)
IC 11-8-2-3
Repealed
(Repealed by P.L.246-2005, SEC.226.)
IC 11-8-2-4
Office of commissioner of correction; commissioner'squalifications, term, salary
Sec. 4. There is established the office of commissioner ofcorrection. The commissioner must hold at least a bachelor's degreefrom an accredited college or university and must have held amanagement position in correctional or related work for at least five(5) years. The commissioner shall be appointed by and serve at thepleasure of the governor. The commissioner is entitled to a salary tobe determined by the state budget agency with the approval of thegovernor.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-2-5
Commissioner's powers and duties
Sec. 5. (a) The commissioner shall do the following:
(1) Organize the department and employ personnel necessary todischarge the duties and powers of the department.
(2) Administer and supervise the department, including all stateowned or operated correctional facilities.
(3) Except for employees of the parole board, be the appointingauthority for all positions in the department within the scope ofIC 4-15-2 and define the duties of those positions in accord withIC 4-15-2.
(4) Define the duties of a deputy commissioner and asuperintendent.
(5) Accept committed persons for study, evaluation,classification, custody, care, training, and reintegration.
(6) Determine the capacity of all state owned or operatedcorrectional facilities and programs and keep all Indiana courtshaving criminal or juvenile jurisdiction informed, on a quarterlybasis, of the populations of those facilities and programs.
(7) Utilize state owned or operated correctional facilities and
programs to accomplish the purposes of the department andacquire or establish, according to law, additional facilities andprograms whenever necessary to accomplish those purposes.
(8) Develop policies, programs, and services for committedpersons, for administration of facilities, and for conduct ofemployees of the department.
(9) Administer, according to law, the money or other propertyof the department and the money or other property retained bythe department for committed persons.
(10) Keep an accurate and complete record of all departmentproceedings, which includes the responsibility for the custodyand preservation of all papers and documents of the department.
(11) Make an annual report to the governor according tosubsection (c).
(12) Develop, collect, and maintain information concerningoffenders, sentencing practices, and correctional treatment asthe commissioner considers useful in penological research or indeveloping programs.
(13) Cooperate with and encourage public and private agenciesand other persons in the development and improvement ofcorrectional facilities, programs, and services.
(14) Explain correctional programs and services to the public.
(15) As required under 42 U.S.C. 15483, after January 1, 2006,provide information to the election division to coordinate thecomputerized list of voters maintained under IC 3-7-26.3 withdepartment records concerning individuals disfranchised underIC 3-7-46.
(b) The commissioner may:
(1) when authorized by law, adopt departmental rules underIC 4-22-2;
(2) delegate powers and duties conferred on the commissionerby law to a deputy commissioner or commissioners and otheremployees of the department;
(3) issue warrants for the return of escaped committed persons(an employee of the department or any person authorized toexecute warrants may execute a warrant issued for the return ofan escaped person);
(4) appoint personnel to be sworn in as correctional policeofficers; and
(5) exercise any other power reasonably necessary indischarging the commissioner's duties and powers.
(c) The annual report of the department shall be transmitted to thegovernor by September 1 of each year and must contain:
(1) a description of the operation of the department for thefiscal year ending June 30;
(2) a description of the facilities and programs of thedepartment;
(3) an evaluation of the adequacy and effectiveness of thosefacilities and programs considering the number and needs ofcommitted persons or other persons receiving services; and (4) any other information required by law.
Recommendations for alteration, expansion, or discontinuance offacilities or programs, for funding, or for statutory changes may beincluded in the annual report.
As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.209-2003,SEC.200; P.L.246-2005, SEC.91; P.L.77-2009, SEC.3.
IC 11-8-2-6
Deputy commissioners; appointment; qualifications; terms; salary
Sec. 6. The commissioner shall appoint one (1) or more deputycommissioners. A deputy commissioner must hold at least abachelor's degree from an accredited college or university and musthave held a management position in correctional or related work fora minimum of three (3) years. A deputy commissioner shall serve atthe pleasure of the commissioner. A deputy commissioner is entitledto a salary to be determined by the budget agency with the approvalof the governor.
As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.246-2005,SEC.92.
IC 11-8-2-7
Correctional facilities for criminal offenders and delinquentoffenders; superintendents; appointment; qualifications; salary;vacancies
Sec. 7. (a) The commissioner shall determine which state ownedor operated correctional facilities are to be maintained for criminaloffenders and which are to be maintained for delinquent offenders.
(b) The commissioner shall determine which state owned oroperated correctional facilities need, for effective management,administration by a superintendent. The commissioner shall appointa superintendent for each correctional facility. However, thecommissioner may appoint a person as superintendent of two (2) ormore facilities if the commissioner finds that it would be economicalto do so and would not adversely effect the management of thefacilities.
(c) Except as provided in subsection (d), a superintendent musthold at least a bachelor's degree from an accredited college oruniversity.
(d) If a superintendent does not hold at least a bachelor's degreefrom an accredited college or university, the superintendent musthave at least ten (10) years of experience in public safety work.
(e) In addition to the requirements described in subsections (c)and (d), a superintendent must have held a management position incorrectional or related work for a minimum of five (5) years. Asuperintendent is entitled to a salary to be determined by the budgetagency with the approval of the governor. A superintendent may bedismissed for cause by the commissioner.
(f) If a superintendent position becomes vacant, the commissionermay appoint an acting superintendent to discharge the duties andpowers of a superintendent on a temporary basis.As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.43-2002,SEC.1; P.L.246-2005, SEC.93; P.L.47-2008, SEC.1.
IC 11-8-2-8
Personnel; application of laws; standards; programs
Sec. 8. (a) All officers and employees of the department, membersof the parole board, the commissioner, any deputy commissioner, andany superintendent, are within the scope of IC 4-15-2.
(b) IC 11-10-5 applies to teachers employed under that chapter,notwithstanding IC 4-15-2.
(c) The department shall cooperate with the state personneldepartment in establishing minimum qualification standards foremployees of the department and in establishing a system ofpersonnel recruitment, selection, employment, and distribution.
(d) The department shall conduct training programs designed toequip employees for duty in its facilities and programs and raise theirlevel of performance. Training programs conducted by thedepartment need not be limited to inservice training. They mayinclude preemployment training, internship programs, andscholarship programs in cooperation with appropriate agencies.When funds are appropriated, the department may provideeducational stipends or tuition reimbursement in such amounts andunder such conditions as may be determined by the department andthe personnel division.
(e) The department shall conduct a training program on culturaldiversity awareness that must be a required course for each employeeof the department who has contact with incarcerated persons.
(f) The department shall provide six (6) hours of training toemployees who interact with persons with mental illness, addictivedisorders, mental retardation, and developmental disabilitiesconcerning the interaction, to be taught by persons approved by thesecretary of family and social services, using teaching methodsapproved by the secretary of family and social services and thecommissioner. The commissioner or the commissioner's designeemay credit hours of substantially similar training received by anemployee toward the required six (6) hours of training.
(g) The department shall establish a correctional officer trainingprogram with a curriculum, and administration by agencies, to bedetermined by the commissioner. A certificate of completion shall beissued to any person satisfactorily completing the training program.A certificate may also be issued to any person who has receivedtraining in another jurisdiction if the commissioner determines thatthe training was at least equivalent to the training programmaintained under this subsection.
As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.3-1989,SEC.94; P.L.25-2000, SEC.2; P.L.85-2004, SEC.41; P.L.246-2005,SEC.94.
IC 11-8-2-9
Research and statistics Sec. 9. (a) The department shall establish a program of researchand statistics, alone or in cooperation with others, for the purpose ofassisting in the identification and achievement of realistic short termand long term departmental goals, the making of administrativedecisions, and the evaluation of the facilities and programs of theentire state correctional system. Information relating to the followingmust be compiled:
(1) An inventory of current facilities and programs, includingresidential and nonresidential community programs andoffender participation.
(2) Population characteristics and trends, including thefollowing concerning offenders:
(A) Ethnicity.
(B) Gender.
(3) Judicial sentencing practices.
(4) Service area resources, needs, and capabilities.
(5) Recidivism of offenders.
(6) Projected operating and capital expenditures.
(b) The department may conduct research into the causes,detection, and treatment of criminality and delinquency anddisseminate the results of that research.
As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.142-1995,SEC.1.
IC 11-8-2-10
Continuance of rules adopted and in effect on October 1, 1980
Sec. 10. All rules adopted by the department and in effect onOctober 1, 1980, continue in effect until amended or repealed by thedepartment, according to IC 4-22-2, under rule-making authoritygiven to the department under this article.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-2-11
Corrections drug abuse fund
Sec. 11. (a) The corrections drug abuse fund is established. Thedepartment shall administer the fund. Expenditures from the fundmay be made only in accordance with appropriations made by thegeneral assembly.
(b) The department may use money from the fund to provide drugabuse therapy for offenders.
(c) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public funds may be invested.
(d) Money in the fund at the end of a fiscal year does not revert tothe state general fund.
As added by P.L.51-1989, SEC.3.
IC 11-8-2-12
Educational benefits for survivors of hazardous duty employeewho dies in line of duty Sec. 12. Each child and surviving spouse of a hazardous dutyemployee of the department who:
(1) works within a prison or juvenile facility; or
(2) performs parole or emergency response operations andfunctions;
and dies in the line of duty is eligible to attend any state educationalinstitution under IC 21-14-6 without paying tuition or mandatoryfees.
As added by P.L.8-2006, SEC.2. Amended by P.L.2-2007, SEC.150.
IC 11-8-2-12.4
Duties concerning the Indiana sex and violent offender registry
Sec. 12.4. The department shall do the following:
(1) Maintain the Indiana sex and violent offender registryestablished under IC 36-2-13-5.5. The department shall ensurethat a sex offender's Social Security number remainsunavailable to the public.
(2) Prescribe and approve a format for sex or violent offenderregistration as required by IC 11-8-8.
(3) Provide:
(A) judges;
(B) law enforcement officials;
(C) prosecuting attorneys;
(D) parole officers;
(E) probation officers; and
(F) community corrections officials;
with information and training concerning the requirements ofIC 11-8-8 and the use of the Indiana sex and violent offenderregistry.
(4) Upon request of a neighborhood association:
(A) transmit to the neighborhood association informationconcerning sex or violent offenders who reside near thelocation of the neighborhood association; or
(B) provide instructional materials concerning the use of theIndiana sex and violent offender registry to theneighborhood association.
(5) Maintain records on every sex or violent offender who:
(A) is incarcerated;
(B) has relocated out of state; and
(C) is no longer required to register due to the expiration ofthe sex or violent offender's registration period.
As added by P.L.140-2006, SEC.10 and P.L.173-2006, SEC.10.Amended by P.L.216-2007, SEC.8.
IC 11-8-2-13
Operation of the Indiana sex and violent offender registry
Sec. 13. (a) The Indiana sex and violent offender registryestablished under IC 36-2-13-5.5 and maintained by the departmentunder section 12.4 of this chapter must include the names of eachoffender who is or has been required to register under IC 11-8-8. (b) The department shall do the following:
(1) Ensure that the Indiana sex and violent offender registry isupdated at least once per day with information provided by alocal law enforcement authority (as defined in IC 11-8-8-2).
(2) Publish the Indiana sex and violent offender registry on theInternet through the computer gateway administered by theoffice of technology established by IC 4-13.1-2-1, and ensurethat the Indiana sex and violent offender registry displays thefollowing or similar words:
"Based on information submitted to law enforcement, aperson whose name appears in this registry has beenconvicted of a sex or violent offense or has been adjudicateda delinquent child for an act that would be a sex or violentoffense if committed by an adult.".
As added by P.L.140-2006, SEC.11 and P.L.173-2006, SEC.11.Amended by P.L.216-2007, SEC.9.
IC 11-8-2-14
Correctional peace officer's fund
Sec. 14. (a) The correctional peace officer's fund is established toprovide monetary assistance, including tuition assistance, to acorrectional employee or the family member of a correctionalemployee. Monetary assistance may be paid from the fund to thecorrectional employee or a family member of a correctionalemployee if:
(1) the employee or employee's family member attends apostsecondary educational institution;
(2) the employee suffers a loss as the result of a natural disaster;or
(3) the employee is killed or injured in the line of duty.
(b) The expenses of administering the fund shall be paid frommoney in the fund.
(c) The fund consists of:
(1) grants;
(2) donations;
(3) employee contributions; and
(4) appropriations;
made to the fund.
(d) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public money may be invested. Interest that accruesfrom these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
(f) Money in the fund is continually appropriated to carry out thepurposes of the fund.
As added by P.L.77-2009, SEC.4.