IC 11-10-11.5
Chapter 11.5. Assignment to Community Transition Program
IC 11-10-11.5-1 Applicability of chapter
Sec. 1. This chapter applies to a person:
(1) who is committed to the department under IC 35-50 for one
(1) or more felonies; and
(2) against whom a court imposed a sentence of at least two (2)
years. As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,
SEC.3; P.L.85-2004, SEC.31.
IC 11-10-11.5-2 Notice of offender's eligibility for program
Sec. 2. (a) Not earlier than sixty (60) days and not later than
forty-five (45) days before an offender's community transition
program commencement date, the department shall give written
notice of the offender's eligibility for a community transition
program to each court that sentenced the offender for a period of
imprisonment that the offender is still actively serving. The notice
must include the following information:
(1) The person's name.
(2) A description of the offenses for which the person was
committed to the department.
(3) The person's expected release date.
(4) The person's community transition program commencement
date designated by the department.
(5) The person's current security and credit time classifications.
(6) A report summarizing the person's conduct while committed
to the department.
(7) Any other information that the department determines would
assist the sentencing court in determining whether to issue an
order under IC 35-38-1-24 or IC 35-38-1-25.
(b) If the offender's expected release date changes as the result of
the loss of credit time after notice is sent to each court under this
section, the offender may become ineligible for a community
transition program.
(c) If the offender's expected release date changes as the result of
the gain of credit time after notice is sent to each court under this
section, the offender may be assigned to a community transition
program if the department determines that:
(1) a sufficient amount of time exists to allow a court under
IC 35-38-1-24 or IC 35-38-1-25 to consider a written statement
described in section 4.5 of this chapter; and
(2) an offender will have at least thirty (30) days remaining on
the offender's sentence after the court's consideration of a
written statement under subdivision (1), calculated as follows:
(A) Beginning on the date the department will assign the
offender to a minimum security classification and place the
offender in a community transition program.
(B) Ending with the recalculated expected release date.
(d) The department shall notify each court whenever the
department finds that an offender is ineligible for the program
because of a change in the person's credit time. As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,
SEC.4; P.L.85-2004, SEC.32.
IC 11-10-11.5-3 Provision of other information
Sec. 3. The department shall provide any other information
requested by the sentencing court. As added by P.L.273-1999, SEC.208.
IC 11-10-11.5-3.5 Nonresident's ineligibility for program
Sec. 3.5. An offender who resides outside Indiana is not eligible
for a community transition program. As added by P.L.90-2000, SEC.5.
IC 11-10-11.5-3.6 Sentences by multiple courts
Sec. 3.6. If an offender who is eligible to be assigned to a
community transition program is sentenced by more than one (1)
court, the offender must be considered for assignment to a
community transition program located in the community where the
court that imposed the sentence with the longest period of
imprisonment that the offender is actively serving is located.
However, before an offender may be assigned to a community
transition program, each court that sentenced the offender to a period
of imprisonment that the offender is actively serving must agree to
the assignment. As added by P.L.90-2000, SEC.6.
IC 11-10-11.5-4 Copy of notice sent to prosecuting attorney
Sec. 4. The department shall send a copy of a notice required
under section 2 of this chapter to the prosecuting attorney where the
person's case originated. The notice under this section need not
include the information described in section 2(6) through 2(7) and
section 3 of this chapter. However, upon request to the sentencing
court, the court receiving the notice under section 2 of this chapter
shall permit the prosecuting attorney to review and obtain copies of
any information included in the notice. As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,
SEC.7.
IC 11-10-11.5-4.5 Offender's and victim's rights to submit written statement
Sec. 4.5. (a) Before the department may assign an offender to a
minimum security classification and place the offender in a
community transition program, the department shall notify:
(1) the offender and any victim of the offender's crime of the
right to submit a written statement regarding the offender's
assignment to the community transition program; and
(2) the offender of the right to submit a written statement
objecting to the offender's placement in a community transition
program;
to each court that sentenced the offender to a period of imprisonment
that the offender is actively serving. If the name or address of a
victim of the offender's crime changes after the offender is sentenced
for the offense, and the offender's sentence may result in the
offender's assignment to the community transition program, the
victim is responsible for notifying the department of the name or
address change.
(b) An offender or a victim of the offender's crime who wishes to
submit a written statement under subsection (a)(1) must submit the
statement to each court and the department not later than ten (10)
working days after receiving notice from the department under
subsection (a).
(c) An offender's written statement objecting to the offender's
placement in a community transition program under subsection (a)(2)
must be submitted to each court and the department:
(1) not later than ten (10) working days after receiving notice
from the department under subsection (a); or
(2) before the offender is transported under section 7 of this
chapter;
whichever occurs first. As added by P.L.90-2000, SEC.8. Amended by P.L.85-2004, SEC.33.
IC 11-10-11.5-5 Commencement date; Class C or Class D felony
Sec. 5. (a) This section applies to a person if the most serious
offense for which the person is committed is a Class C or Class D
felony.
(b) Unless the department has received:
(1) an order under IC 35-38-1-24; or
(2) a warrant order of detainer seeking the transfer of the person
to a county or another jurisdiction;
the department shall assign a person to a minimum security
classification and place the person in a community transition
program beginning with the community transition program
commencement date designated by the department until the person
completes the person's fixed term of imprisonment, less the credit
time the person has earned with respect to the term. As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,
SEC.9; P.L.85-2004, SEC.34.
IC 11-10-11.5-6 Commencement date; order under IC 35-38-1-25
Sec. 6. (a) This section applies to a person if the sentencing court
orders the department to assign a person to a community transition
program under IC 35-38-1-25.
(b) The department shall assign a minimum security classification
and place the person in a community transition program beginning
with the date specified in the sentencing court's order until the person
completes the person's fixed term of imprisonment, less the credit
time the person has earned with respect to the term. As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,
SEC.10.
IC 11-10-11.5-7 Transportation of offender to sheriff or other person
Sec. 7. Not later than seven (7) regular business days after a
person is assigned to a community transition program under this
chapter, the department shall:
(1) comply with the procedures in IC 11-10-12-1(a)(1) and
IC 11-10-12-1(a)(2); and
(2) transport the person to:
(A) the sheriff of the county where the person's case
originated;
(B) any other person ordered by the sentencing court; or
(C) a person or an entity designated by the supervising
authority of the community transition program to which the
person is assigned.
The department may, upon request of the person, issue the work
clothing described in IC 11-10-12-1(b). As added by P.L.273-1999, SEC.208. Amended by P.L.85-2004,
SEC.35.
IC 11-10-11.5-8 Transfer of offender to intake person; voluntary participation in
program; disciplinary action
Sec. 8. (a) The person or entity receiving the offender under
section 7 of this chapter shall transfer the offender to the intake
person for the community transition program.
(b) As soon as is practicable after receiving the offender, the
community transition program shall provide the offender with a
reasonable opportunity to review the rules and conditions applicable
to the offender's assignment in the program.
(c) The department may take disciplinary action under IC 11-11-5
against an offender who:
(1) has been assigned to a minimum security classification and
placed in a community transition program; and
(2) refuses to participate in the community transition program. As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,
SEC.11; P.L.85-2004, SEC.36.
IC 11-10-11.5-9 Duration of assignment to program
Sec. 9. A person assigned to a community transition program shall
remain in the assignment until the person completes the person's
fixed term of imprisonment, less the credit time the person has
earned with respect to the term, unless the community transition
program causes the person to be returned to the department for
reassignment from the community transition program to a program
or facility administered by the department under section 11.5(b) of
this chapter. IC 11-10-12-2 does not apply to a person who completes
an assignment in a community transition program. As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,
SEC.12.
IC 11-10-11.5-10 Credit time
Sec. 10. A person assigned to a community transition program
continues to earn credit time during the person's assignment to a
community transition program. As added by P.L.273-1999, SEC.208.
IC 11-10-11.5-11 Rules and conditions
Sec. 11. While assigned to a community transition program, a
person must comply with:
(1) the rules concerning the conduct of persons in the
community transition program, including rules related to
payments described in section 12 of this chapter, that are
adopted by the community corrections advisory board
establishing the program or, in counties that are not served by
a community corrections program, that are jointly adopted by
the courts in the county with felony jurisdiction; and
(2) any conditions established by the sentencing court for the
person. As added by P.L.273-1999, SEC.208. Amended by P.L.3-2008,
SEC.89.
IC 11-10-11.5-11.5 Community transition required; request for delay; disciplinary
action
Sec. 11.5. (a) Except as provided in section 4.5 of this chapter, an
offender is not entitled to refuse to be placed into a community
transition program. However, the offender may request that an
assignment to a community transition program be delayed if the
offender will be enrolled in department programming on the
community transition program commencement date designated by the
department.
(b) The community transition program, following a hearing and
upon a finding of probable cause that the offender has failed to
comply with a rule or condition under section 11 of this chapter,
may:
(1) request a court to issue a warrant ordering the department to
immediately:
(A) return the offender to the department; or
(B) reassign the offender to a program or facility
administered by the department; or
(2) take disciplinary action against an offender who violates
rules of conduct. Disciplinary action under this subdivision may
include the loss of earned credit time under IC 35-50-6-5.
(c) An offender who is returned to the department under
subsection (b) is not eligible for assignment to another community
transition program for the duration of the sentence or sentences the
offender is actively serving. As added by P.L.90-2000, SEC.13. Amended by P.L.85-2004,
SEC.37.
IC 11-10-11.5-12 Collection and distribution of earnings
Sec. 12. (a) Any earnings of a person employed while in a
community transition program, less payroll deductions required by
law and court ordered deductions for satisfaction of a judgment
against that person, may be collected by the community transition
program at the discretion of the community transition program.
Unless otherwise ordered by the sentencing court, if the community
transition program collects the earnings under this section, the
remaining earnings shall be distributed in the following order:
(1) To pay state and federal income taxes and Social Security
deductions not otherwise withheld.
(2) To pay the cost of membership in an employee organization.
(3) Not less than twenty-five percent (25%) of the person's
gross earnings, if that amount of the gross is available after the
above deductions, to be given to that person or retained for the
person, with accrued interest, until the person's release or
discharge.
(4) To pay for the person's room and board or electronic
monitoring provided by the community transition program.
(5) To pay transportation costs to and from work and other
work related incidental expenses incurred by the community
transition program.
(6) To pay court ordered costs, fines, or restitution.
(b) After the amounts prescribed in subsection (a) are deducted,
the remaining amount may be used to:
(1) when directed by the person or ordered by the court, pay for
the support of the person's dependents (if the person's
dependents are receiving welfare assistance, the appropriate
office of family and children or welfare department in another
state shall be notified of such disbursements); and
(2) with the consent of the person, pay to the person's victims or
others any unpaid obligations of that person.
(c) Any remaining amount shall be given to the person or retained
for the person according to subsection (a)(3).
(d) The collection of room and board or electronic monitoring
costs under subsection (a)(4) may be waived. As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,
SEC.14.
IC 11-10-11.5-13
Repealed
(Repealed by P.L.90-2000, SEC.25.)
IC 11-10-11.5-14 Medical care while in program
Sec. 14. (a) A person assigned to a community transition program
is responsible for the person's medical care while in the program.
However, if the sentencing court finds that the person is unable to
pay for necessary medical care, the department shall provide for the
necessary medical care.
(b) The department, without a hearing, may transfer a person
assigned to a community transition program to a facility operated by
the department or another place determined by the department for
medical treatment that is not covered by payments made by the
offender or by insurance covering the offender.
(c) Whenever the department makes a transfer under subsection
(b), the department may:
(1) reassign the offender from the community transition
program to another facility or program; or
(2) continue the offender's assignment to the community
transition program and return the offender to the community
transition program upon the completion of the medical
treatment.
(d) An offender who is transferred for medical treatment under
subsection (b) continues to earn credit time during the period of the
offender's medical treatment.
(e) The department shall adopt rules under IC 4-22-2 to implement
this section. As added by P.L.90-2000, SEC.15.
IC 11-10-11.5
Chapter 11.5. Assignment to Community Transition Program
IC 11-10-11.5-1 Applicability of chapter
Sec. 1. This chapter applies to a person:
(1) who is committed to the department under IC 35-50 for one
(1) or more felonies; and
(2) against whom a court imposed a sentence of at least two (2)
years. As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,
SEC.3; P.L.85-2004, SEC.31.
IC 11-10-11.5-2 Notice of offender's eligibility for program
Sec. 2. (a) Not earlier than sixty (60) days and not later than
forty-five (45) days before an offender's community transition
program commencement date, the department shall give written
notice of the offender's eligibility for a community transition
program to each court that sentenced the offender for a period of
imprisonment that the offender is still actively serving. The notice
must include the following information:
(1) The person's name.
(2) A description of the offenses for which the person was
committed to the department.
(3) The person's expected release date.
(4) The person's community transition program commencement
date designated by the department.
(5) The person's current security and credit time classifications.
(6) A report summarizing the person's conduct while committed
to the department.
(7) Any other information that the department determines would
assist the sentencing court in determining whether to issue an
order under IC 35-38-1-24 or IC 35-38-1-25.
(b) If the offender's expected release date changes as the result of
the loss of credit time after notice is sent to each court under this
section, the offender may become ineligible for a community
transition program.
(c) If the offender's expected release date changes as the result of
the gain of credit time after notice is sent to each court under this
section, the offender may be assigned to a community transition
program if the department determines that:
(1) a sufficient amount of time exists to allow a court under
IC 35-38-1-24 or IC 35-38-1-25 to consider a written statement
described in section 4.5 of this chapter; and
(2) an offender will have at least thirty (30) days remaining on
the offender's sentence after the court's consideration of a
written statement under subdivision (1), calculated as follows:
(A) Beginning on the date the department will assign the
offender to a minimum security classification and place the
offender in a community transition program.
(B) Ending with the recalculated expected release date.
(d) The department shall notify each court whenever the
department finds that an offender is ineligible for the program
because of a change in the person's credit time. As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,
SEC.4; P.L.85-2004, SEC.32.
IC 11-10-11.5-3 Provision of other information
Sec. 3. The department shall provide any other information
requested by the sentencing court. As added by P.L.273-1999, SEC.208.
IC 11-10-11.5-3.5 Nonresident's ineligibility for program
Sec. 3.5. An offender who resides outside Indiana is not eligible
for a community transition program. As added by P.L.90-2000, SEC.5.
IC 11-10-11.5-3.6 Sentences by multiple courts
Sec. 3.6. If an offender who is eligible to be assigned to a
community transition program is sentenced by more than one (1)
court, the offender must be considered for assignment to a
community transition program located in the community where the
court that imposed the sentence with the longest period of
imprisonment that the offender is actively serving is located.
However, before an offender may be assigned to a community
transition program, each court that sentenced the offender to a period
of imprisonment that the offender is actively serving must agree to
the assignment. As added by P.L.90-2000, SEC.6.
IC 11-10-11.5-4 Copy of notice sent to prosecuting attorney
Sec. 4. The department shall send a copy of a notice required
under section 2 of this chapter to the prosecuting attorney where the
person's case originated. The notice under this section need not
include the information described in section 2(6) through 2(7) and
section 3 of this chapter. However, upon request to the sentencing
court, the court receiving the notice under section 2 of this chapter
shall permit the prosecuting attorney to review and obtain copies of
any information included in the notice. As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,
SEC.7.
IC 11-10-11.5-4.5 Offender's and victim's rights to submit written statement
Sec. 4.5. (a) Before the department may assign an offender to a
minimum security classification and place the offender in a
community transition program, the department shall notify:
(1) the offender and any victim of the offender's crime of the
right to submit a written statement regarding the offender's
assignment to the community transition program; and
(2) the offender of the right to submit a written statement
objecting to the offender's placement in a community transition
program;
to each court that sentenced the offender to a period of imprisonment
that the offender is actively serving. If the name or address of a
victim of the offender's crime changes after the offender is sentenced
for the offense, and the offender's sentence may result in the
offender's assignment to the community transition program, the
victim is responsible for notifying the department of the name or
address change.
(b) An offender or a victim of the offender's crime who wishes to
submit a written statement under subsection (a)(1) must submit the
statement to each court and the department not later than ten (10)
working days after receiving notice from the department under
subsection (a).
(c) An offender's written statement objecting to the offender's
placement in a community transition program under subsection (a)(2)
must be submitted to each court and the department:
(1) not later than ten (10) working days after receiving notice
from the department under subsection (a); or
(2) before the offender is transported under section 7 of this
chapter;
whichever occurs first. As added by P.L.90-2000, SEC.8. Amended by P.L.85-2004, SEC.33.
IC 11-10-11.5-5 Commencement date; Class C or Class D felony
Sec. 5. (a) This section applies to a person if the most serious
offense for which the person is committed is a Class C or Class D
felony.
(b) Unless the department has received:
(1) an order under IC 35-38-1-24; or
(2) a warrant order of detainer seeking the transfer of the person
to a county or another jurisdiction;
the department shall assign a person to a minimum security
classification and place the person in a community transition
program beginning with the community transition program
commencement date designated by the department until the person
completes the person's fixed term of imprisonment, less the credit
time the person has earned with respect to the term. As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,
SEC.9; P.L.85-2004, SEC.34.
IC 11-10-11.5-6 Commencement date; order under IC 35-38-1-25
Sec. 6. (a) This section applies to a person if the sentencing court
orders the department to assign a person to a community transition
program under IC 35-38-1-25.
(b) The department shall assign a minimum security classification
and place the person in a community transition program beginning
with the date specified in the sentencing court's order until the person
completes the person's fixed term of imprisonment, less the credit
time the person has earned with respect to the term. As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,
SEC.10.
IC 11-10-11.5-7 Transportation of offender to sheriff or other person
Sec. 7. Not later than seven (7) regular business days after a
person is assigned to a community transition program under this
chapter, the department shall:
(1) comply with the procedures in IC 11-10-12-1(a)(1) and
IC 11-10-12-1(a)(2); and
(2) transport the person to:
(A) the sheriff of the county where the person's case
originated;
(B) any other person ordered by the sentencing court; or
(C) a person or an entity designated by the supervising
authority of the community transition program to which the
person is assigned.
The department may, upon request of the person, issue the work
clothing described in IC 11-10-12-1(b). As added by P.L.273-1999, SEC.208. Amended by P.L.85-2004,
SEC.35.
IC 11-10-11.5-8 Transfer of offender to intake person; voluntary participation in
program; disciplinary action
Sec. 8. (a) The person or entity receiving the offender under
section 7 of this chapter shall transfer the offender to the intake
person for the community transition program.
(b) As soon as is practicable after receiving the offender, the
community transition program shall provide the offender with a
reasonable opportunity to review the rules and conditions applicable
to the offender's assignment in the program.
(c) The department may take disciplinary action under IC 11-11-5
against an offender who:
(1) has been assigned to a minimum security classification and
placed in a community transition program; and
(2) refuses to participate in the community transition program. As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,
SEC.11; P.L.85-2004, SEC.36.
IC 11-10-11.5-9 Duration of assignment to program
Sec. 9. A person assigned to a community transition program shall
remain in the assignment until the person completes the person's
fixed term of imprisonment, less the credit time the person has
earned with respect to the term, unless the community transition
program causes the person to be returned to the department for
reassignment from the community transition program to a program
or facility administered by the department under section 11.5(b) of
this chapter. IC 11-10-12-2 does not apply to a person who completes
an assignment in a community transition program. As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,
SEC.12.
IC 11-10-11.5-10 Credit time
Sec. 10. A person assigned to a community transition program
continues to earn credit time during the person's assignment to a
community transition program. As added by P.L.273-1999, SEC.208.
IC 11-10-11.5-11 Rules and conditions
Sec. 11. While assigned to a community transition program, a
person must comply with:
(1) the rules concerning the conduct of persons in the
community transition program, including rules related to
payments described in section 12 of this chapter, that are
adopted by the community corrections advisory board
establishing the program or, in counties that are not served by
a community corrections program, that are jointly adopted by
the courts in the county with felony jurisdiction; and
(2) any conditions established by the sentencing court for the
person. As added by P.L.273-1999, SEC.208. Amended by P.L.3-2008,
SEC.89.
IC 11-10-11.5-11.5 Community transition required; request for delay; disciplinary
action
Sec. 11.5. (a) Except as provided in section 4.5 of this chapter, an
offender is not entitled to refuse to be placed into a community
transition program. However, the offender may request that an
assignment to a community transition program be delayed if the
offender will be enrolled in department programming on the
community transition program commencement date designated by the
department.
(b) The community transition program, following a hearing and
upon a finding of probable cause that the offender has failed to
comply with a rule or condition under section 11 of this chapter,
may:
(1) request a court to issue a warrant ordering the department to
immediately:
(A) return the offender to the department; or
(B) reassign the offender to a program or facility
administered by the department; or
(2) take disciplinary action against an offender who violates
rules of conduct. Disciplinary action under this subdivision may
include the loss of earned credit time under IC 35-50-6-5.
(c) An offender who is returned to the department under
subsection (b) is not eligible for assignment to another community
transition program for the duration of the sentence or sentences the
offender is actively serving. As added by P.L.90-2000, SEC.13. Amended by P.L.85-2004,
SEC.37.
IC 11-10-11.5-12 Collection and distribution of earnings
Sec. 12. (a) Any earnings of a person employed while in a
community transition program, less payroll deductions required by
law and court ordered deductions for satisfaction of a judgment
against that person, may be collected by the community transition
program at the discretion of the community transition program.
Unless otherwise ordered by the sentencing court, if the community
transition program collects the earnings under this section, the
remaining earnings shall be distributed in the following order:
(1) To pay state and federal income taxes and Social Security
deductions not otherwise withheld.
(2) To pay the cost of membership in an employee organization.
(3) Not less than twenty-five percent (25%) of the person's
gross earnings, if that amount of the gross is available after the
above deductions, to be given to that person or retained for the
person, with accrued interest, until the person's release or
discharge.
(4) To pay for the person's room and board or electronic
monitoring provided by the community transition program.
(5) To pay transportation costs to and from work and other
work related incidental expenses incurred by the community
transition program.
(6) To pay court ordered costs, fines, or restitution.
(b) After the amounts prescribed in subsection (a) are deducted,
the remaining amount may be used to:
(1) when directed by the person or ordered by the court, pay for
the support of the person's dependents (if the person's
dependents are receiving welfare assistance, the appropriate
office of family and children or welfare department in another
state shall be notified of such disbursements); and
(2) with the consent of the person, pay to the person's victims or
others any unpaid obligations of that person.
(c) Any remaining amount shall be given to the person or retained
for the person according to subsection (a)(3).
(d) The collection of room and board or electronic monitoring
costs under subsection (a)(4) may be waived. As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,
SEC.14.
IC 11-10-11.5-13
Repealed
(Repealed by P.L.90-2000, SEC.25.)
IC 11-10-11.5-14 Medical care while in program
Sec. 14. (a) A person assigned to a community transition program
is responsible for the person's medical care while in the program.
However, if the sentencing court finds that the person is unable to
pay for necessary medical care, the department shall provide for the
necessary medical care.
(b) The department, without a hearing, may transfer a person
assigned to a community transition program to a facility operated by
the department or another place determined by the department for
medical treatment that is not covered by payments made by the
offender or by insurance covering the offender.
(c) Whenever the department makes a transfer under subsection
(b), the department may:
(1) reassign the offender from the community transition
program to another facility or program; or
(2) continue the offender's assignment to the community
transition program and return the offender to the community
transition program upon the completion of the medical
treatment.
(d) An offender who is transferred for medical treatment under
subsection (b) continues to earn credit time during the period of the
offender's medical treatment.
(e) The department shall adopt rules under IC 4-22-2 to implement
this section. As added by P.L.90-2000, SEC.15.
IC 11-10-11.5
Chapter 11.5. Assignment to Community Transition Program
IC 11-10-11.5-1 Applicability of chapter
Sec. 1. This chapter applies to a person:
(1) who is committed to the department under IC 35-50 for one
(1) or more felonies; and
(2) against whom a court imposed a sentence of at least two (2)
years. As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,
SEC.3; P.L.85-2004, SEC.31.
IC 11-10-11.5-2 Notice of offender's eligibility for program
Sec. 2. (a) Not earlier than sixty (60) days and not later than
forty-five (45) days before an offender's community transition
program commencement date, the department shall give written
notice of the offender's eligibility for a community transition
program to each court that sentenced the offender for a period of
imprisonment that the offender is still actively serving. The notice
must include the following information:
(1) The person's name.
(2) A description of the offenses for which the person was
committed to the department.
(3) The person's expected release date.
(4) The person's community transition program commencement
date designated by the department.
(5) The person's current security and credit time classifications.
(6) A report summarizing the person's conduct while committed
to the department.
(7) Any other information that the department determines would
assist the sentencing court in determining whether to issue an
order under IC 35-38-1-24 or IC 35-38-1-25.
(b) If the offender's expected release date changes as the result of
the loss of credit time after notice is sent to each court under this
section, the offender may become ineligible for a community
transition program.
(c) If the offender's expected release date changes as the result of
the gain of credit time after notice is sent to each court under this
section, the offender may be assigned to a community transition
program if the department determines that:
(1) a sufficient amount of time exists to allow a court under
IC 35-38-1-24 or IC 35-38-1-25 to consider a written statement
described in section 4.5 of this chapter; and
(2) an offender will have at least thirty (30) days remaining on
the offender's sentence after the court's consideration of a
written statement under subdivision (1), calculated as follows:
(A) Beginning on the date the department will assign the
offender to a minimum security classification and place the
offender in a community transition program.
(B) Ending with the recalculated expected release date.
(d) The department shall notify each court whenever the
department finds that an offender is ineligible for the program
because of a change in the person's credit time. As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,
SEC.4; P.L.85-2004, SEC.32.
IC 11-10-11.5-3 Provision of other information
Sec. 3. The department shall provide any other information
requested by the sentencing court. As added by P.L.273-1999, SEC.208.
IC 11-10-11.5-3.5 Nonresident's ineligibility for program
Sec. 3.5. An offender who resides outside Indiana is not eligible
for a community transition program. As added by P.L.90-2000, SEC.5.
IC 11-10-11.5-3.6 Sentences by multiple courts
Sec. 3.6. If an offender who is eligible to be assigned to a
community transition program is sentenced by more than one (1)
court, the offender must be considered for assignment to a
community transition program located in the community where the
court that imposed the sentence with the longest period of
imprisonment that the offender is actively serving is located.
However, before an offender may be assigned to a community
transition program, each court that sentenced the offender to a period
of imprisonment that the offender is actively serving must agree to
the assignment. As added by P.L.90-2000, SEC.6.
IC 11-10-11.5-4 Copy of notice sent to prosecuting attorney
Sec. 4. The department shall send a copy of a notice required
under section 2 of this chapter to the prosecuting attorney where the
person's case originated. The notice under this section need not
include the information described in section 2(6) through 2(7) and
section 3 of this chapter. However, upon request to the sentencing
court, the court receiving the notice under section 2 of this chapter
shall permit the prosecuting attorney to review and obtain copies of
any information included in the notice. As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,
SEC.7.
IC 11-10-11.5-4.5 Offender's and victim's rights to submit written statement
Sec. 4.5. (a) Before the department may assign an offender to a
minimum security classification and place the offender in a
community transition program, the department shall notify:
(1) the offender and any victim of the offender's crime of the
right to submit a written statement regarding the offender's
assignment to the community transition program; and
(2) the offender of the right to submit a written statement
objecting to the offender's placement in a community transition
program;
to each court that sentenced the offender to a period of imprisonment
that the offender is actively serving. If the name or address of a
victim of the offender's crime changes after the offender is sentenced
for the offense, and the offender's sentence may result in the
offender's assignment to the community transition program, the
victim is responsible for notifying the department of the name or
address change.
(b) An offender or a victim of the offender's crime who wishes to
submit a written statement under subsection (a)(1) must submit the
statement to each court and the department not later than ten (10)
working days after receiving notice from the department under
subsection (a).
(c) An offender's written statement objecting to the offender's
placement in a community transition program under subsection (a)(2)
must be submitted to each court and the department:
(1) not later than ten (10) working days after receiving notice
from the department under subsection (a); or
(2) before the offender is transported under section 7 of this
chapter;
whichever occurs first. As added by P.L.90-2000, SEC.8. Amended by P.L.85-2004, SEC.33.
IC 11-10-11.5-5 Commencement date; Class C or Class D felony
Sec. 5. (a) This section applies to a person if the most serious
offense for which the person is committed is a Class C or Class D
felony.
(b) Unless the department has received:
(1) an order under IC 35-38-1-24; or
(2) a warrant order of detainer seeking the transfer of the person
to a county or another jurisdiction;
the department shall assign a person to a minimum security
classification and place the person in a community transition
program beginning with the community transition program
commencement date designated by the department until the person
completes the person's fixed term of imprisonment, less the credit
time the person has earned with respect to the term. As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,
SEC.9; P.L.85-2004, SEC.34.
IC 11-10-11.5-6 Commencement date; order under IC 35-38-1-25
Sec. 6. (a) This section applies to a person if the sentencing court
orders the department to assign a person to a community transition
program under IC 35-38-1-25.
(b) The department shall assign a minimum security classification
and place the person in a community transition program beginning
with the date specified in the sentencing court's order until the person
completes the person's fixed term of imprisonment, less the credit
time the person has earned with respect to the term. As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,
SEC.10.
IC 11-10-11.5-7 Transportation of offender to sheriff or other person
Sec. 7. Not later than seven (7) regular business days after a
person is assigned to a community transition program under this
chapter, the department shall:
(1) comply with the procedures in IC 11-10-12-1(a)(1) and
IC 11-10-12-1(a)(2); and
(2) transport the person to:
(A) the sheriff of the county where the person's case
originated;
(B) any other person ordered by the sentencing court; or
(C) a person or an entity designated by the supervising
authority of the community transition program to which the
person is assigned.
The department may, upon request of the person, issue the work
clothing described in IC 11-10-12-1(b). As added by P.L.273-1999, SEC.208. Amended by P.L.85-2004,
SEC.35.
IC 11-10-11.5-8 Transfer of offender to intake person; voluntary participation in
program; disciplinary action
Sec. 8. (a) The person or entity receiving the offender under
section 7 of this chapter shall transfer the offender to the intake
person for the community transition program.
(b) As soon as is practicable after receiving the offender, the
community transition program shall provide the offender with a
reasonable opportunity to review the rules and conditions applicable
to the offender's assignment in the program.
(c) The department may take disciplinary action under IC 11-11-5
against an offender who:
(1) has been assigned to a minimum security classification and
placed in a community transition program; and
(2) refuses to participate in the community transition program. As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,
SEC.11; P.L.85-2004, SEC.36.
IC 11-10-11.5-9 Duration of assignment to program
Sec. 9. A person assigned to a community transition program shall
remain in the assignment until the person completes the person's
fixed term of imprisonment, less the credit time the person has
earned with respect to the term, unless the community transition
program causes the person to be returned to the department for
reassignment from the community transition program to a program
or facility administered by the department under section 11.5(b) of
this chapter. IC 11-10-12-2 does not apply to a person who completes
an assignment in a community transition program. As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,
SEC.12.
IC 11-10-11.5-10 Credit time
Sec. 10. A person assigned to a community transition program
continues to earn credit time during the person's assignment to a
community transition program. As added by P.L.273-1999, SEC.208.
IC 11-10-11.5-11 Rules and conditions
Sec. 11. While assigned to a community transition program, a
person must comply with:
(1) the rules concerning the conduct of persons in the
community transition program, including rules related to
payments described in section 12 of this chapter, that are
adopted by the community corrections advisory board
establishing the program or, in counties that are not served by
a community corrections program, that are jointly adopted by
the courts in the county with felony jurisdiction; and
(2) any conditions established by the sentencing court for the
person. As added by P.L.273-1999, SEC.208. Amended by P.L.3-2008,
SEC.89.
IC 11-10-11.5-11.5 Community transition required; request for delay; disciplinary
action
Sec. 11.5. (a) Except as provided in section 4.5 of this chapter, an
offender is not entitled to refuse to be placed into a community
transition program. However, the offender may request that an
assignment to a community transition program be delayed if the
offender will be enrolled in department programming on the
community transition program commencement date designated by the
department.
(b) The community transition program, following a hearing and
upon a finding of probable cause that the offender has failed to
comply with a rule or condition under section 11 of this chapter,
may:
(1) request a court to issue a warrant ordering the department to
immediately:
(A) return the offender to the department; or
(B) reassign the offender to a program or facility
administered by the department; or
(2) take disciplinary action against an offender who violates
rules of conduct. Disciplinary action under this subdivision may
include the loss of earned credit time under IC 35-50-6-5.
(c) An offender who is returned to the department under
subsection (b) is not eligible for assignment to another community
transition program for the duration of the sentence or sentences the
offender is actively serving. As added by P.L.90-2000, SEC.13. Amended by P.L.85-2004,
SEC.37.
IC 11-10-11.5-12 Collection and distribution of earnings
Sec. 12. (a) Any earnings of a person employed while in a
community transition program, less payroll deductions required by
law and court ordered deductions for satisfaction of a judgment
against that person, may be collected by the community transition
program at the discretion of the community transition program.
Unless otherwise ordered by the sentencing court, if the community
transition program collects the earnings under this section, the
remaining earnings shall be distributed in the following order:
(1) To pay state and federal income taxes and Social Security
deductions not otherwise withheld.
(2) To pay the cost of membership in an employee organization.
(3) Not less than twenty-five percent (25%) of the person's
gross earnings, if that amount of the gross is available after the
above deductions, to be given to that person or retained for the
person, with accrued interest, until the person's release or
discharge.
(4) To pay for the person's room and board or electronic
monitoring provided by the community transition program.
(5) To pay transportation costs to and from work and other
work related incidental expenses incurred by the community
transition program.
(6) To pay court ordered costs, fines, or restitution.
(b) After the amounts prescribed in subsection (a) are deducted,
the remaining amount may be used to:
(1) when directed by the person or ordered by the court, pay for
the support of the person's dependents (if the person's
dependents are receiving welfare assistance, the appropriate
office of family and children or welfare department in another
state shall be notified of such disbursements); and
(2) with the consent of the person, pay to the person's victims or
others any unpaid obligations of that person.
(c) Any remaining amount shall be given to the person or retained
for the person according to subsection (a)(3).
(d) The collection of room and board or electronic monitoring
costs under subsection (a)(4) may be waived. As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000,
SEC.14.
IC 11-10-11.5-13
Repealed
(Repealed by P.L.90-2000, SEC.25.)
IC 11-10-11.5-14 Medical care while in program
Sec. 14. (a) A person assigned to a community transition program
is responsible for the person's medical care while in the program.
However, if the sentencing court finds that the person is unable to
pay for necessary medical care, the department shall provide for the
necessary medical care.
(b) The department, without a hearing, may transfer a person
assigned to a community transition program to a facility operated by
the department or another place determined by the department for
medical treatment that is not covered by payments made by the
offender or by insurance covering the offender.
(c) Whenever the department makes a transfer under subsection
(b), the department may:
(1) reassign the offender from the community transition
program to another facility or program; or
(2) continue the offender's assignment to the community
transition program and return the offender to the community
transition program upon the completion of the medical
treatment.
(d) An offender who is transferred for medical treatment under
subsection (b) continues to earn credit time during the period of the
offender's medical treatment.
(e) The department shall adopt rules under IC 4-22-2 to implement
this section. As added by P.L.90-2000, SEC.15.
