CHAPTER 6. RELEASE FROM IMPRISONMENT AND CREDIT TIME
IC 35-50-6
Chapter 6. Release From Imprisonment and Credit Time
IC 35-50-6-1
Parole; discharge to community transition program or probation;lifetime parole for sexually violent predators and murderers
Sec. 1. (a) Except as provided in subsection (d) or (e), when aperson imprisoned for a felony completes the person's fixed term ofimprisonment, less the credit time the person has earned with respectto that term, the person shall be:
(1) released on parole for not more than twenty-four (24)months, as determined by the parole board, unless:
(A) the person is being placed on parole for the first time;
(B) the person is not being placed on parole for a convictionfor a crime of violence (as defined in IC 35-50-1-2);
(C) the person is not a sex offender (as defined inIC 11-8-8-4.5); and
(D) in the six (6) months before being placed on parole, theperson has not violated a rule of the department of correctionor a rule of the penal facility in which the person isimprisoned;
(2) discharged upon a finding by the committing court that theperson was assigned to a community transition program andmay be discharged without the requirement of parole; or
(3) released to the committing court if the sentence included aperiod of probation.
A person described in subdivision (1) shall be released on parole fornot more than twelve (12) months, as determined by the paroleboard.
(b) This subsection does not apply to a person described insubsection (d), (e), or (f). A person released on parole remains onparole from the date of release until the person's fixed term expires,unless the person's parole is revoked or the person is discharged fromthat term by the parole board. In any event, if the person's parole isnot revoked, the parole board shall discharge the person after theperiod set under subsection (a) or the expiration of the person's fixedterm, whichever is shorter.
(c) A person whose parole is revoked shall be imprisoned for allor part of the remainder of the person's fixed term. However, theperson shall again be released on parole when the person completesthat remainder, less the credit time the person has earned since therevocation. The parole board may reinstate the person on parole atany time after the revocation.
(d) This subsection does not apply to a person who is a sexuallyviolent predator under IC 35-38-1-7.5. When a sex offender (asdefined in IC 11-8-8-4.5) completes the sex offender's fixed term ofimprisonment, less credit time earned with respect to that term, thesex offender shall be placed on parole for not more than ten (10)years.
(e) This subsection applies to a person who: (1) is a sexually violent predator under IC 35-38-1-7.5;
(2) has been convicted of murder (IC 35-42-1-1); or
(3) has been convicted of voluntary manslaughter (IC35-42-1-3).
When a person described in this subsection completes the person'sfixed term of imprisonment, less credit time earned with respect tothat term, the person shall be placed on parole for the remainder ofthe person's life.
(f) This subsection applies to a parolee in another jurisdiction whois a person described in subsection (e) and whose parole supervisionis transferred to Indiana from another jurisdiction. In accordancewith IC 11-13-4-1(2) (Interstate Compact for Out-of-StateProbationers and Parolees) and rules adopted under Article VII (d)(8)of the Interstate Compact for Adult Offender Supervision (IC11-13-4.5), a parolee who is a person described in subsection (e) andwhose parole supervision is transferred to Indiana is subject to thesame conditions of parole as a person described in subsection (e)who was convicted in Indiana, including:
(1) lifetime parole (as described in subsection (e)); and
(2) the requirement that the person wear a monitoring device (asdescribed in IC 35-38-2.5-3) that can transmit informationtwenty-four (24) hours each day regarding a person's preciselocation, if applicable.
(g) If a person being supervised on lifetime parole as described insubsection (e) is also required to be supervised by a court, aprobation department, a community corrections program, acommunity transition program, or another similar program upon theperson's release from imprisonment, the parole board may:
(1) supervise the person while the person is being supervised bythe other supervising agency; or
(2) permit the other supervising agency to exercise all or part ofthe parole board's supervisory responsibility during the periodin which the other supervising agency is required to supervisethe person, if supervision by the other supervising agency willbe, in the opinion of the parole board:
(A) at least as stringent; and
(B) at least as effective;
as supervision by the parole board.
(h) The parole board is not required to supervise a person onlifetime parole during any period in which the person is imprisoned.However, upon the person's release from imprisonment, the paroleboard shall recommence its supervision of a person on lifetimeparole.
(i) If a court orders the parole board to place a sexually violentpredator whose sentence does not include a commitment to thedepartment of correction on lifetime parole under IC 35-38-1-29, theparole board shall place the sexually violent predator on lifetimeparole and supervise the person in the same manner in which theparole board supervises a sexually violent predator on lifetime parolewhose sentence includes a commitment to the department of
correction.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977,P.L.340, SEC.132; Acts 1979, P.L.120, SEC.11; Acts 1981, P.L.298,SEC.7; P.L.240-1991(ss2), SEC.100; P.L.11-1994, SEC.18;P.L.273-1999, SEC.215; P.L.90-2000, SEC.20; P.L.238-2001,SEC.22; P.L.116-2002, SEC.26; P.L.139-2006, SEC.6;P.L.140-2006, SEC.38 and P.L.173-2006, SEC.38; P.L.1-2007,SEC.237; P.L.216-2007, SEC.51; P.L.105-2010, SEC.15.
IC 35-50-6-2
Discharge from imprisonment for a misdemeanor
Sec. 2. A person imprisoned for a misdemeanor shall bedischarged when he completes his fixed term of imprisonment, lessthe credit time he has earned with respect to that term.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977,P.L.340, SEC.133.
IC 35-50-6-3
Credit time classes
Sec. 3. (a) A person assigned to Class I earns one (1) day of credittime for each day the person is imprisoned for a crime or confinedawaiting trial or sentencing.
(b) A person assigned to Class II earns one (1) day of credit timefor every two (2) days the person is imprisoned for a crime orconfined awaiting trial or sentencing.
(c) A person assigned to Class III earns no credit time.
(d) A person assigned to Class IV earns one (1) day of credit timefor every six (6) days the person is imprisoned for a crime orconfined awaiting trial or sentencing.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977,P.L.340, SEC.134; P.L.80-2008, SEC.2.
IC 35-50-6-3.3
Credit time for successful completion of educational degree orcertificate
Sec. 3.3. (a) In addition to any credit time a person earns undersubsection (b) or section 3 of this chapter, a person earns credit timeif the person:
(1) is in credit Class I;
(2) has demonstrated a pattern consistent with rehabilitation;and
(3) successfully completes requirements to obtain one (1) of thefollowing:
(A) A general educational development (GED) diplomaunder IC 20-20-6, if the person has not previously obtaineda high school diploma.
(B) A high school diploma, if the person has not previouslyobtained a general educational development (GED) diploma.
(C) An associate's degree from an approved postsecondaryeducational institution (as defined under IC 21-7-13-6(a)). (D) A bachelor's degree from an approved postsecondaryeducational institution (as defined under IC 21-7-13-6(a)).
(b) In addition to any credit time that a person earns undersubsection (a) or section 3 of this chapter, a person may earn credittime if, while confined by the department of correction, the person:
(1) is in credit Class I;
(2) demonstrates a pattern consistent with rehabilitation; and
(3) successfully completes requirements to obtain at least one(1) of the following:
(A) A certificate of completion of a career and technicaleducation program approved by the department ofcorrection.
(B) A certificate of completion of a substance abuse programapproved by the department of correction.
(C) A certificate of completion of a literacy and basic lifeskills program approved by the department of correction.
(D) A certificate of completion of a reformative programapproved by the department of correction.
(c) The department of correction shall establish admissionscriteria and other requirements for programs available for earningcredit time under subsection (b). A person may not earn credit timeunder both subsections (a) and (b) for the same program of study.
(d) The amount of credit time a person may earn under thissection is the following:
(1) Six (6) months for completion of a state of Indiana generaleducational development (GED) diploma under IC 20-20-6.
(2) One (1) year for graduation from high school.
(3) One (1) year for completion of an associate's degree.
(4) Two (2) years for completion of a bachelor's degree.
(5) Not more than a total of six (6) months of credit, asdetermined by the department of correction, for the completionof one (1) or more career and technical education programsapproved by the department of correction.
(6) Not more than a total of six (6) months of credit, asdetermined by the department of correction, for the completionof one (1) or more substance abuse programs approved by thedepartment of correction.
(7) Not more than a total of six (6) months credit, as determinedby the department of correction, for the completion of one (1)or more literacy and basic life skills programs approved by thedepartment of correction.
(8) Not more than a total of six (6) months credit time, asdetermined by the department of correction, for completion ofone (1) or more reformative programs approved by thedepartment of correction. However, a person who is serving asentence for an offense listed under IC 11-8-8-4.5 may not earncredit time under this subdivision.
However, a person who does not have a substance abuse problemthat qualifies the person to earn credit in a substance abuse programmay earn not more than a total of twelve (12) months of credit, as
determined by the department of correction, for the completion ofone (1) or more career and technical education programs approvedby the department of correction. If a person earns more than six (6)months of credit for the completion of one (1) or more career andtechnical education programs, the person is ineligible to earn creditfor the completion of one (1) or more substance abuse programs.
(e) Credit time earned by a person under this section is subtractedfrom the release date that would otherwise apply to the person aftersubtracting all other credit time earned by the person.
(f) A person does not earn credit time under subsection (a) unlessthe person completes at least a portion of the degree requirementsafter June 30, 1993.
(g) A person does not earn credit time under subsection (b) unlessthe person completes at least a portion of the program requirementsafter June 30, 1999.
(h) Credit time earned by a person under subsection (a) for adiploma or degree completed before July 1, 1999, shall be subtractedfrom:
(1) the release date that would otherwise apply to the personafter subtracting all other credit time earned by the person, ifthe person has not been convicted of an offense described insubdivision (2); or
(2) the period of imprisonment imposed on the person by thesentencing court, if the person has been convicted of one (1) ofthe following crimes:
(A) Rape (IC 35-42-4-1).
(B) Criminal deviate conduct (IC 35-42-4-2).
(C) Child molesting (IC 35-42-4-3).
(D) Child exploitation (IC 35-42-4-4(b)).
(E) Vicarious sexual gratification (IC 35-42-4-5).
(F) Child solicitation (IC 35-42-4-6).
(G) Child seduction (IC 35-42-4-7).
(H) Sexual misconduct with a minor as a Class A felony,Class B felony, or Class C felony (IC 35-42-4-9).
(I) Incest (IC 35-46-1-3).
(J) Sexual battery (IC 35-42-4-8).
(K) Kidnapping (IC 35-42-3-2), if the victim is less thaneighteen (18) years of age.
(L) Criminal confinement (IC 35-42-3-3), if the victim is lessthan eighteen (18) years of age.
(M) An attempt or a conspiracy to commit a crime listed inclauses (A) through (L).
(i) The maximum amount of credit time a person may earn underthis section is the lesser of:
(1) four (4) years; or
(2) one-third (1/3) of the person's total applicable credit time.
(j) The amount of credit time earned under this section is reducedto the extent that application of the credit time would otherwiseresult in:
(1) postconviction release (as defined in IC 35-40-4-6); or (2) assignment of the person to a community transitionprogram;
in less than forty-five (45) days after the person earns the credit time.
(k) A person may earn credit time for multiple degrees at the sameeducation level under subsection (d) only in accordance withguidelines approved by the department of correction. The departmentof correction may approve guidelines for proper sequence ofeducation degrees under subsection (d).
(l) A person may not earn credit time:
(1) for a general educational development (GED) diploma if theperson has previously earned a high school diploma; or
(2) for a high school diploma if the person has previouslyearned a general educational development (GED) diploma.
(m) A person may not earn credit time under this section if theperson:
(1) commits an offense listed in IC 11-8-8-4.5 while the personis required to register as a sex or violent offender underIC 11-8-8-7; and
(2) is committed to the department of correction after beingconvicted of the offense listed in IC 11-8-8-4.5.
As added by P.L.243-1993, SEC.2. Amended by P.L.149-1995,SEC.17; P.L.148-1995, SEC.7; P.L.183-1999, SEC.3; P.L.243-1999,SEC.3; P.L.14-2000, SEC.78; P.L.90-2000, SEC.21; P.L.164-2003,SEC.1; P.L.1-2005, SEC.229; P.L.2-2007, SEC.380; P.L.234-2007,SEC.171; P.L.80-2008, SEC.3; P.L.42-2010, SEC.2.
IC 35-50-6-4
Credit time assignments
Sec. 4. (a) A person who is not a credit restricted felon and whois imprisoned for a crime or imprisoned awaiting trial or sentencingis initially assigned to Class I.
(b) A person who is a credit restricted felon and who isimprisoned for a crime or imprisoned awaiting trial or sentencing isinitially assigned to Class IV. A credit restricted felon may not beassigned to Class I or Class II.
(c) A person who is not assigned to Class IV may be reassignedto Class II or Class III if the person violates any of the following:
(1) A rule of the department of correction.
(2) A rule of the penal facility in which the person isimprisoned.
(3) A rule or condition of a community transition program.
However, a violation of a condition of parole or probation may notbe the basis for reassignment. Before a person may be reassigned toa lower credit time class, the person must be granted a hearing todetermine the person's guilt or innocence and, if found guilty,whether reassignment is an appropriate disciplinary action for theviolation. The person may waive the right to the hearing.
(d) A person who is assigned to Class IV may be reassigned toClass III if the person violates any of the following:
(1) A rule of the department of correction. (2) A rule of the penal facility in which the person isimprisoned.
(3) A rule or condition of a community transition program.
However, a violation of a condition of parole or probation may notbe the basis for reassignment. Before a person may be reassigned toClass III, the person must be granted a hearing to determine theperson's guilt or innocence and, if found guilty, whetherreassignment is an appropriate disciplinary action for the violation.The person may waive the right to the hearing.
(e) In connection with the hearing granted under subsection (c) or(d), 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 the person's own behalf;
(5) call witnesses and present evidence;
(6) confront and cross-examine each witness, unless the hearingauthority finds that to do so would subject a witness to asubstantial risk of harm;
(7) have the assistance of a lay advocate (the department mayrequire that the advocate be an employee of, or a fellowprisoner in, the same facility or program);
(8) have a written statement of the findings of fact, the evidencerelied upon, and the reasons for the action taken;
(9) have immunity if the person's testimony or any evidencederived from the person's testimony is used in any criminalproceedings; and
(10) have the person's record expunged of any reference to thecharge if the person is found not guilty or if a finding of guilt islater overturned.
Any finding of guilt must be supported by a preponderance of theevidence presented at the hearing.
(f) A person may be reassigned from Class III to Class I, Class II,or Class IV, or from Class II to Class I. A person's assignment toClass III or Class II shall be reviewed at least once every six (6)months to determine if the person should be reassigned to a highercredit time class. A credit restricted felon may not be reassigned toClass I or Class II.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977,P.L.340, SEC.135; Acts 1979, P.L.120, SEC.12; P.L.90-2000,SEC.22; P.L.80-2008, SEC.4.
IC 35-50-6-5
Deprivation of credit time
Sec. 5. (a) A person may, with respect to the same transaction, bedeprived of any part of the credit time the person has earned for anyof the following: (1) A violation of one (1) or more rules of the department ofcorrection.
(2) If the person is not committed to the department, a violationof one (1) or more rules of the penal facility in which the personis imprisoned.
(3) A violation of one (1) or more rules or conditions of a:
(A) community transition program; or
(B) community corrections program.
(4) If a court determines that a civil claim brought by the personin a state or an administrative court is frivolous, unreasonable,or groundless.
(5) If the person is a sex offender (as defined in IC 11-8-8-5)and refuses to register before being released from thedepartment as required under IC 11-8-8-7.
(6) If the person is a sex offender (as defined in IC 11-8-8-5)and refuses to participate in a sex offender treatment programspecifically offered to the sex offender by the department ofcorrection while the person is serving a period of incarcerationwith the department of correction.
However, the violation of a condition of parole or probation may notbe the basis for deprivation. Whenever a person is deprived of credittime, the person may also be reassigned to Class II (if the person isnot a credit restricted felon) or Class III.
(b) Before a person may be deprived of earned credit time, theperson must be granted a hearing to determine the person's guilt orinnocence and, if found guilty, whether deprivation of earned credittime is an appropriate disciplinary action for the violation. Inconnection with the hearing, the person is entitled to the proceduralsafeguards listed in section 4(e) of this chapter. The person maywaive the person's right to the hearing.
(c) Any part of the credit time of which a person is deprived underthis section may be restored.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977,P.L.340, SEC.136; Acts 1979, P.L.120, SEC.13; P.L.146-1995,SEC.6; P.L.90-2000, SEC.23; P.L.140-2006, SEC.39 andP.L.173-2006, SEC.39; P.L.80-2008, SEC.5; P.L.105-2010, SEC.16.
IC 35-50-6-5.5
Credit time appeals
Sec. 5.5. A person who has been reassigned to a lower credit timeclass or has been deprived of earned credit time may appeal thedecision to the commissioner of the department of correction or thesheriff.
As added by Acts 1979, P.L.120, SEC.14. Amended by P.L.204-1986,SEC.3.
IC 35-50-6-6
Degree of security, parole, or probation; imprisonment uponrevocation of parole; days spent on parole outside institution
Sec. 6. (a) A person imprisoned for a crime earns credit time
irrespective of the degree of security to which he is assigned. Exceptas set forth under IC 35-38-2.5.-5, a person does not earn credit timewhile on parole or probation.
(b) A person imprisoned upon revocation of parole is initiallyassigned to the same credit time class to which he was assigned at thetime he was released on parole.
(c) A person who, upon revocation of parole, is imprisoned on anintermittent basis does not earn credit time for the days he spends onparole outside the institution.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977,P.L.340, SEC.137; Acts 1979, P.L.120, SEC.15; P.L.166-2001,SEC.4.
IC 35-50-6-7
Charge of new crime or violation of rule while confined; effect oncredit time; assignment to Class III
Sec. 7. (a) A person under the control of a county detentionfacility or the department of correction who:
(1) has been charged with a new crime while confined; or
(2) has allegedly violated a rule of the department or countyfacility;
may be immediately assigned to Class III and may have all earnedcredit time suspended pending disposition of the allegation.
(b) A person assigned to Class III under subsection (a) shall bedenied release on parole or discharge until:
(1) he is in the actual custody of the department or the countydetention facility to which he was sentenced; and
(2) he is granted a hearing concerning the allegations.
The department or sheriff may waive the hearing if the person isrestored to his former credit time class and receives all previouslyearned credit time and any credit time that he would have earned ifhe had not been assigned to Class III.
(c) A person who is assigned to Class III under subsection (a) andlater found not guilty of the alleged misconduct shall have all earnedcredit time restored and shall be reassigned to the same credit timeclass that he was in before his assignment to Class III. In addition,the person shall be credited with any credit time that he would haveearned if he had not been assigned to Class III.
As added by P.L.338-1983, SEC.1.
IC 35-50-6-8
Person serving sentence of life imprisonment without parole doesnot earn credit time
Sec. 8. A person serving a sentence of life imprisonment withoutparole does not earn credit time under this chapter.
As added by P.L.53-2005, SEC.3.