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 procedure
whereby a committed delinquent offender may be released on parole
before the time when he must be unconditionally discharged from his
commitment. The procedure must be consistent with this chapter and
include:
(1) the time when an offender is eligible for consideration for
initial release or reinstatement on parole;
(2) a method for determining an offender's suitability for release
on parole, including information or criteria considered relevant
to that determination;
(3) parole conditions that may be imposed by the department to
assist the offender in his reintegration into the community; and
(4) a method for determining whether an offender has violated
a condition of his parole, and the sanctions that may be imposed
if 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 or
denied to an offender who is eligible for release on parole, the
department shall afford the offender before that determination:
(1) reasonable, advance written notice of the fact that he is
being considered for release on parole;
(2) access, in accord with IC 11-8-5, to records and reports to be
considered by the department in making the parole release
decision; and
(3) an opportunity to appear before the person or persons
making the determination, speak in his own behalf, and present
documentary evidence.
(b) If parole is denied, the department shall give the offender
written notice of the denial and the reasons for the denial. No
offender may be denied parole solely on the basis that appropriate
living quarters are unavailable in the community to which he will
return.
(c) The department may parole an offender who is outside Indiana
on a record made by the appropriate authorities of the jurisdiction in
which 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 person
charged 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 of
discharge
Sec. 4. (a) An offender released on parole remains on parole until
he reaches twenty-one (21) years of age, unless his parole is revoked
or he is discharged before that time by the department. The
department may discharge him from his commitment any time after
his release on parole and shall discharge him when he reaches
twenty-one (21) years of age.
(b) An offender who is not on parole may be unconditionally
discharged by the department from his commitment at any time and
shall be unconditionally discharged from his commitment upon
reaching twenty-one (21) years of age.
(c) Upon discharge of an offender from his commitment under
this section, the department shall certify the discharge to the clerk of
the committing court. Upon receipt of the certification, the clerk shall
make an entry on the record of judgment that the commitment has
been 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 on
parole. Its duties in this regard include:
(1) establishing methods and procedures in the administration
of parole, including investigation, supervision, workloads,
recordkeeping, and reporting;
(2) assisting offenders in making parole release plans;
(3) providing employment counseling and assistance in job and
residential placement;
(4) providing family and individual counseling and treatment
placement;
(5) providing financial counseling;
(6) providing vocational and educational counseling and
placement;
(7) supervising and assisting out of state parolees accepted
under an interstate compact; and
(8) cooperating with public and private agencies and with
individual citizens concerned with the treatment or welfare of
offenders and assisting the offender in obtaining services from
these 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 offense
described in IC 11-8-8-5.
(c) As used in this section, "victim" means a person who has
suffered direct harm as a result of a delinquent act that would be a
sex offense if the delinquent offender were an adult. The term
includes a victim's representative appointed under IC 35-40-13.
(d) Unless a victim has requested in writing not to be notified, the
department shall notify the victim involved in the adjudication of a
delinquent offender committed to the department for a sex offense of
the delinquent offender's:
(1) discharge from the department of correction;
(2) release from the department of correction under any
temporary 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 under
subsection (d):
(1) at least forty (40) days before a discharge, release, or
hearing occurs; and
(2) not later than twenty-four (24) hours after the escape of a
delinquent offender from commitment to the department of
correction.
The department shall supply the information to a victim at the
address supplied to the department by the victim. A victim is
responsible for supplying the department with any change of address
or telephone number of the victim.
(f) The probation officer preparing the predispositional report
under IC 31-37-17 shall inform the victim before the predispositional
report is prepared of the right of the victim to receive notification
from the department under subsection (d). The probation department
shall forward the most recent list of the addresses or telephone
numbers, or both, of victims to the department. The probation
department shall supply the department with the information required
by this section as soon as possible but not later than five (5) days
after the receipt of the information. A victim is responsible for
supplying the department with the correct address and telephone
number of the victim.
(g) Notwithstanding IC 11-8-5-2 and IC 4-1-6, a delinquent
offender 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 the
release of victim information or representative information, or both,
that is retained by the department, the court shall review in camera
the information that is the subject of the motion before ruling on the
motion.
(h) The notice required under subsection (d) must specify whether
the delinquent offender is being discharged, is being released under
a temporary release program administered by the department, is
being released on parole, is having a parole release hearing, is having
a parole violation hearing, or has escaped. The notice must contain
the 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 was
adjudicated.
(5) The disposition imposed.
(6) The amount of time for which the delinquent offender was
committed 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.16
and 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 supervise
and assist parolees may:
(1) execute warrants issued by the department;
(2) serve orders, subpoenas, and notices issued by the
department;
(3) conduct investigations necessary to the performance of his
duties;
(4) visit and confer with any person under his supervision, even
when that person is in custody;
(5) act as a probation officer if requested by the appropriate
court and if that request is approved by the department;
(6) search a parolee's person or property if he has reasonable
cause to believe that the parolee is violating or is in imminent
danger of violating a condition of parole;
(7) arrest a parolee without a warrant if he has reasonable cause
to believe that the parolee has violated or is about to violate a
condition of his parole and that an emergency situation exists,
so that awaiting action under section 7 of this chapter would
create an undue risk to the public or to the parolee; and
(8) exercise any other power reasonably necessary in
discharging his duties and powers.
(b) An employee of the department assigned to supervise and
assist parolees is not considered a law enforcement officer under
IC 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 revocation
proceedings by:
(1) issuing an order for the parolee to appear for a revocation
hearing on the alleged violation; or
(2) issuing a warrant for the arrest and confinement of the
parolee pending a preliminary hearing if there is a risk of his
fleeing 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 his
parent, 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 pending
a preliminary hearing, the parolee and his parent, 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 that hearing;
(4) if probable cause is found to exist, his right to a revocation
hearing 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 an
alleged violation of a condition of parole, a person other than the one
who reported or investigated the alleged violation or who
recommended revocation shall hold a preliminary hearing to
determine whether there is probable cause to believe a violation of
a condition has occurred. In connection with the hearing the parolee
is 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 person
conducting the hearing finds that to do so would subject the
witness to a substantial risk of harm; and
(4) have a written statement of the findings of fact and the
evidence relied upon.
(b) The parolee's parent, guardian, or custodian is entitled to be
present at the hearing.
(c) If it is determined there is not probable cause to believe the
parolee violated a condition of his parole, the charge shall be
dismissed.
(d) If it is determined from the evidence presented that there is
probable cause to believe the parolee violated a condition of his
parole, confinement of the parolee may be continued pending a
parole revocation hearing.
(e) In a case where the alleged violation of parole is based on a
criminal conviction or a delinquency adjudication, the preliminary
hearing required by this section need not be held.
(f) Unless good cause for the delay is established in the record of
the proceeding, the parole revocation charge shall be dismissed if the
preliminary hearing is not held within ten (10) days after the date of
the arrest. As added by Acts 1979, P.L.120, SEC.6.
IC 11-13-6-9 Parole revocation hearing; time; presence of parent, guardian, or
custodian; dismissal; violation of condition; statement of reasons
for action taken; dismissal for delay
Sec. 9. (a) A parolee confined due to an alleged violation of his
parole shall be afforded a parole revocation hearing by the
department within sixty (60) days after his arrest. A parolee who is
not confined and against whom is pending a charge of parole
violation shall be afforded a parole revocation hearing within one
hundred eighty (180) days after the date an order was issued for his
appearance at a parole revocation hearing or the date of his arrest on
the parole violation warrant, whichever is earlier. The purpose of the
hearing is to determine whether a violation of a condition of parole
has occurred and, if so, the appropriate action. In connection with the
hearing the parolee is entitled to those procedural safeguards
enumerated in section 8(a) of this chapter, plus representation by
counsel and, if indigent, to have counsel appointed for him. The
parolee may offer evidence in mitigation of the alleged violation.
(b) The parolee's parent, guardian, or custodian is entitled to be
present 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 parolee
did not commit a violation of a condition of parole, the charge shall
be dismissed.
(d) If the department finds that the parolee did violate a condition
of his parole, it may continue him on parole, with or without
modifying the conditions, or revoke the parole and order him
confined on either a continuous or intermittent basis.
(e) The department shall provide the parolee with a written
statement of the reasons for the action taken under subsection (d), if
parole is revoked.
(f) Unless good cause for the delay is established in the record of
the proceeding, the parole revocation charge shall be dismissed if the
revocation hearing is not held within the time established by
subsection (a). As added by Acts 1979, P.L.120, SEC.6. Amended by Acts 1980,
P.L.87, SEC.8.
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 procedure
whereby a committed delinquent offender may be released on parole
before the time when he must be unconditionally discharged from his
commitment. The procedure must be consistent with this chapter and
include:
(1) the time when an offender is eligible for consideration for
initial release or reinstatement on parole;
(2) a method for determining an offender's suitability for release
on parole, including information or criteria considered relevant
to that determination;
(3) parole conditions that may be imposed by the department to
assist the offender in his reintegration into the community; and
(4) a method for determining whether an offender has violated
a condition of his parole, and the sanctions that may be imposed
if 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 or
denied to an offender who is eligible for release on parole, the
department shall afford the offender before that determination:
(1) reasonable, advance written notice of the fact that he is
being considered for release on parole;
(2) access, in accord with IC 11-8-5, to records and reports to be
considered by the department in making the parole release
decision; and
(3) an opportunity to appear before the person or persons
making the determination, speak in his own behalf, and present
documentary evidence.
(b) If parole is denied, the department shall give the offender
written notice of the denial and the reasons for the denial. No
offender may be denied parole solely on the basis that appropriate
living quarters are unavailable in the community to which he will
return.
(c) The department may parole an offender who is outside Indiana
on a record made by the appropriate authorities of the jurisdiction in
which 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 person
charged 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 of
discharge
Sec. 4. (a) An offender released on parole remains on parole until
he reaches twenty-one (21) years of age, unless his parole is revoked
or he is discharged before that time by the department. The
department may discharge him from his commitment any time after
his release on parole and shall discharge him when he reaches
twenty-one (21) years of age.
(b) An offender who is not on parole may be unconditionally
discharged by the department from his commitment at any time and
shall be unconditionally discharged from his commitment upon
reaching twenty-one (21) years of age.
(c) Upon discharge of an offender from his commitment under
this section, the department shall certify the discharge to the clerk of
the committing court. Upon receipt of the certification, the clerk shall
make an entry on the record of judgment that the commitment has
been 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 on
parole. Its duties in this regard include:
(1) establishing methods and procedures in the administration
of parole, including investigation, supervision, workloads,
recordkeeping, and reporting;
(2) assisting offenders in making parole release plans;
(3) providing employment counseling and assistance in job and
residential placement;
(4) providing family and individual counseling and treatment
placement;
(5) providing financial counseling;
(6) providing vocational and educational counseling and
placement;
(7) supervising and assisting out of state parolees accepted
under an interstate compact; and
(8) cooperating with public and private agencies and with
individual citizens concerned with the treatment or welfare of
offenders and assisting the offender in obtaining services from
these 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 offense
described in IC 11-8-8-5.
(c) As used in this section, "victim" means a person who has
suffered direct harm as a result of a delinquent act that would be a
sex offense if the delinquent offender were an adult. The term
includes a victim's representative appointed under IC 35-40-13.
(d) Unless a victim has requested in writing not to be notified, the
department shall notify the victim involved in the adjudication of a
delinquent offender committed to the department for a sex offense of
the delinquent offender's:
(1) discharge from the department of correction;
(2) release from the department of correction under any
temporary 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 under
subsection (d):
(1) at least forty (40) days before a discharge, release, or
hearing occurs; and
(2) not later than twenty-four (24) hours after the escape of a
delinquent offender from commitment to the department of
correction.
The department shall supply the information to a victim at the
address supplied to the department by the victim. A victim is
responsible for supplying the department with any change of address
or telephone number of the victim.
(f) The probation officer preparing the predispositional report
under IC 31-37-17 shall inform the victim before the predispositional
report is prepared of the right of the victim to receive notification
from the department under subsection (d). The probation department
shall forward the most recent list of the addresses or telephone
numbers, or both, of victims to the department. The probation
department shall supply the department with the information required
by this section as soon as possible but not later than five (5) days
after the receipt of the information. A victim is responsible for
supplying the department with the correct address and telephone
number of the victim.
(g) Notwithstanding IC 11-8-5-2 and IC 4-1-6, a delinquent
offender 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 the
release of victim information or representative information, or both,
that is retained by the department, the court shall review in camera
the information that is the subject of the motion before ruling on the
motion.
(h) The notice required under subsection (d) must specify whether
the delinquent offender is being discharged, is being released under
a temporary release program administered by the department, is
being released on parole, is having a parole release hearing, is having
a parole violation hearing, or has escaped. The notice must contain
the 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 was
adjudicated.
(5) The disposition imposed.
(6) The amount of time for which the delinquent offender was
committed 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.16
and 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 supervise
and assist parolees may:
(1) execute warrants issued by the department;
(2) serve orders, subpoenas, and notices issued by the
department;
(3) conduct investigations necessary to the performance of his
duties;
(4) visit and confer with any person under his supervision, even
when that person is in custody;
(5) act as a probation officer if requested by the appropriate
court and if that request is approved by the department;
(6) search a parolee's person or property if he has reasonable
cause to believe that the parolee is violating or is in imminent
danger of violating a condition of parole;
(7) arrest a parolee without a warrant if he has reasonable cause
to believe that the parolee has violated or is about to violate a
condition of his parole and that an emergency situation exists,
so that awaiting action under section 7 of this chapter would
create an undue risk to the public or to the parolee; and
(8) exercise any other power reasonably necessary in
discharging his duties and powers.
(b) An employee of the department assigned to supervise and
assist parolees is not considered a law enforcement officer under
IC 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 revocation
proceedings by:
(1) issuing an order for the parolee to appear for a revocation
hearing on the alleged violation; or
(2) issuing a warrant for the arrest and confinement of the
parolee pending a preliminary hearing if there is a risk of his
fleeing 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 his
parent, 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 pending
a preliminary hearing, the parolee and his parent, 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 that hearing;
(4) if probable cause is found to exist, his right to a revocation
hearing 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 an
alleged violation of a condition of parole, a person other than the one
who reported or investigated the alleged violation or who
recommended revocation shall hold a preliminary hearing to
determine whether there is probable cause to believe a violation of
a condition has occurred. In connection with the hearing the parolee
is 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 person
conducting the hearing finds that to do so would subject the
witness to a substantial risk of harm; and
(4) have a written statement of the findings of fact and the
evidence relied upon.
(b) The parolee's parent, guardian, or custodian is entitled to be
present at the hearing.
(c) If it is determined there is not probable cause to believe the
parolee violated a condition of his parole, the charge shall be
dismissed.
(d) If it is determined from the evidence presented that there is
probable cause to believe the parolee violated a condition of his
parole, confinement of the parolee may be continued pending a
parole revocation hearing.
(e) In a case where the alleged violation of parole is based on a
criminal conviction or a delinquency adjudication, the preliminary
hearing required by this section need not be held.
(f) Unless good cause for the delay is established in the record of
the proceeding, the parole revocation charge shall be dismissed if the
preliminary hearing is not held within ten (10) days after the date of
the arrest. As added by Acts 1979, P.L.120, SEC.6.
IC 11-13-6-9 Parole revocation hearing; time; presence of parent, guardian, or
custodian; dismissal; violation of condition; statement of reasons
for action taken; dismissal for delay
Sec. 9. (a) A parolee confined due to an alleged violation of his
parole shall be afforded a parole revocation hearing by the
department within sixty (60) days after his arrest. A parolee who is
not confined and against whom is pending a charge of parole
violation shall be afforded a parole revocation hearing within one
hundred eighty (180) days after the date an order was issued for his
appearance at a parole revocation hearing or the date of his arrest on
the parole violation warrant, whichever is earlier. The purpose of the
hearing is to determine whether a violation of a condition of parole
has occurred and, if so, the appropriate action. In connection with the
hearing the parolee is entitled to those procedural safeguards
enumerated in section 8(a) of this chapter, plus representation by
counsel and, if indigent, to have counsel appointed for him. The
parolee may offer evidence in mitigation of the alleged violation.
(b) The parolee's parent, guardian, or custodian is entitled to be
present 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 parolee
did not commit a violation of a condition of parole, the charge shall
be dismissed.
(d) If the department finds that the parolee did violate a condition
of his parole, it may continue him on parole, with or without
modifying the conditions, or revoke the parole and order him
confined on either a continuous or intermittent basis.
(e) The department shall provide the parolee with a written
statement of the reasons for the action taken under subsection (d), if
parole is revoked.
(f) Unless good cause for the delay is established in the record of
the proceeding, the parole revocation charge shall be dismissed if the
revocation hearing is not held within the time established by
subsection (a). As added by Acts 1979, P.L.120, SEC.6. Amended by Acts 1980,
P.L.87, SEC.8.
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 procedure
whereby a committed delinquent offender may be released on parole
before the time when he must be unconditionally discharged from his
commitment. The procedure must be consistent with this chapter and
include:
(1) the time when an offender is eligible for consideration for
initial release or reinstatement on parole;
(2) a method for determining an offender's suitability for release
on parole, including information or criteria considered relevant
to that determination;
(3) parole conditions that may be imposed by the department to
assist the offender in his reintegration into the community; and
(4) a method for determining whether an offender has violated
a condition of his parole, and the sanctions that may be imposed
if 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 or
denied to an offender who is eligible for release on parole, the
department shall afford the offender before that determination:
(1) reasonable, advance written notice of the fact that he is
being considered for release on parole;
(2) access, in accord with IC 11-8-5, to records and reports to be
considered by the department in making the parole release
decision; and
(3) an opportunity to appear before the person or persons
making the determination, speak in his own behalf, and present
documentary evidence.
(b) If parole is denied, the department shall give the offender
written notice of the denial and the reasons for the denial. No
offender may be denied parole solely on the basis that appropriate
living quarters are unavailable in the community to which he will
return.
(c) The department may parole an offender who is outside Indiana
on a record made by the appropriate authorities of the jurisdiction in
which 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 person
charged 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 of
discharge
Sec. 4. (a) An offender released on parole remains on parole until
he reaches twenty-one (21) years of age, unless his parole is revoked
or he is discharged before that time by the department. The
department may discharge him from his commitment any time after
his release on parole and shall discharge him when he reaches
twenty-one (21) years of age.
(b) An offender who is not on parole may be unconditionally
discharged by the department from his commitment at any time and
shall be unconditionally discharged from his commitment upon
reaching twenty-one (21) years of age.
(c) Upon discharge of an offender from his commitment under
this section, the department shall certify the discharge to the clerk of
the committing court. Upon receipt of the certification, the clerk shall
make an entry on the record of judgment that the commitment has
been 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 on
parole. Its duties in this regard include:
(1) establishing methods and procedures in the administration
of parole, including investigation, supervision, workloads,
recordkeeping, and reporting;
(2) assisting offenders in making parole release plans;
(3) providing employment counseling and assistance in job and
residential placement;
(4) providing family and individual counseling and treatment
placement;
(5) providing financial counseling;
(6) providing vocational and educational counseling and
placement;
(7) supervising and assisting out of state parolees accepted
under an interstate compact; and
(8) cooperating with public and private agencies and with
individual citizens concerned with the treatment or welfare of
offenders and assisting the offender in obtaining services from
these 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 offense
described in IC 11-8-8-5.
(c) As used in this section, "victim" means a person who has
suffered direct harm as a result of a delinquent act that would be a
sex offense if the delinquent offender were an adult. The term
includes a victim's representative appointed under IC 35-40-13.
(d) Unless a victim has requested in writing not to be notified, the
department shall notify the victim involved in the adjudication of a
delinquent offender committed to the department for a sex offense of
the delinquent offender's:
(1) discharge from the department of correction;
(2) release from the department of correction under any
temporary 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 under
subsection (d):
(1) at least forty (40) days before a discharge, release, or
hearing occurs; and
(2) not later than twenty-four (24) hours after the escape of a
delinquent offender from commitment to the department of
correction.
The department shall supply the information to a victim at the
address supplied to the department by the victim. A victim is
responsible for supplying the department with any change of address
or telephone number of the victim.
(f) The probation officer preparing the predispositional report
under IC 31-37-17 shall inform the victim before the predispositional
report is prepared of the right of the victim to receive notification
from the department under subsection (d). The probation department
shall forward the most recent list of the addresses or telephone
numbers, or both, of victims to the department. The probation
department shall supply the department with the information required
by this section as soon as possible but not later than five (5) days
after the receipt of the information. A victim is responsible for
supplying the department with the correct address and telephone
number of the victim.
(g) Notwithstanding IC 11-8-5-2 and IC 4-1-6, a delinquent
offender 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 the
release of victim information or representative information, or both,
that is retained by the department, the court shall review in camera
the information that is the subject of the motion before ruling on the
motion.
(h) The notice required under subsection (d) must specify whether
the delinquent offender is being discharged, is being released under
a temporary release program administered by the department, is
being released on parole, is having a parole release hearing, is having
a parole violation hearing, or has escaped. The notice must contain
the 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 was
adjudicated.
(5) The disposition imposed.
(6) The amount of time for which the delinquent offender was
committed 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.16
and 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 supervise
and assist parolees may:
(1) execute warrants issued by the department;
(2) serve orders, subpoenas, and notices issued by the
department;
(3) conduct investigations necessary to the performance of his
duties;
(4) visit and confer with any person under his supervision, even
when that person is in custody;
(5) act as a probation officer if requested by the appropriate
court and if that request is approved by the department;
(6) search a parolee's person or property if he has reasonable
cause to believe that the parolee is violating or is in imminent
danger of violating a condition of parole;
(7) arrest a parolee without a warrant if he has reasonable cause
to believe that the parolee has violated or is about to violate a
condition of his parole and that an emergency situation exists,
so that awaiting action under section 7 of this chapter would
create an undue risk to the public or to the parolee; and
(8) exercise any other power reasonably necessary in
discharging his duties and powers.
(b) An employee of the department assigned to supervise and
assist parolees is not considered a law enforcement officer under
IC 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 revocation
proceedings by:
(1) issuing an order for the parolee to appear for a revocation
hearing on the alleged violation; or
(2) issuing a warrant for the arrest and confinement of the
parolee pending a preliminary hearing if there is a risk of his
fleeing 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 his
parent, 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 pending
a preliminary hearing, the parolee and his parent, 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 that hearing;
(4) if probable cause is found to exist, his right to a revocation
hearing 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 an
alleged violation of a condition of parole, a person other than the one
who reported or investigated the alleged violation or who
recommended revocation shall hold a preliminary hearing to
determine whether there is probable cause to believe a violation of
a condition has occurred. In connection with the hearing the parolee
is 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 person
conducting the hearing finds that to do so would subject the
witness to a substantial risk of harm; and
(4) have a written statement of the findings of fact and the
evidence relied upon.
(b) The parolee's parent, guardian, or custodian is entitled to be
present at the hearing.
(c) If it is determined there is not probable cause to believe the
parolee violated a condition of his parole, the charge shall be
dismissed.
(d) If it is determined from the evidence presented that there is
probable cause to believe the parolee violated a condition of his
parole, confinement of the parolee may be continued pending a
parole revocation hearing.
(e) In a case where the alleged violation of parole is based on a
criminal conviction or a delinquency adjudication, the preliminary
hearing required by this section need not be held.
(f) Unless good cause for the delay is established in the record of
the proceeding, the parole revocation charge shall be dismissed if the
preliminary hearing is not held within ten (10) days after the date of
the arrest. As added by Acts 1979, P.L.120, SEC.6.
IC 11-13-6-9 Parole revocation hearing; time; presence of parent, guardian, or
custodian; dismissal; violation of condition; statement of reasons
for action taken; dismissal for delay
Sec. 9. (a) A parolee confined due to an alleged violation of his
parole shall be afforded a parole revocation hearing by the
department within sixty (60) days after his arrest. A parolee who is
not confined and against whom is pending a charge of parole
violation shall be afforded a parole revocation hearing within one
hundred eighty (180) days after the date an order was issued for his
appearance at a parole revocation hearing or the date of his arrest on
the parole violation warrant, whichever is earlier. The purpose of the
hearing is to determine whether a violation of a condition of parole
has occurred and, if so, the appropriate action. In connection with the
hearing the parolee is entitled to those procedural safeguards
enumerated in section 8(a) of this chapter, plus representation by
counsel and, if indigent, to have counsel appointed for him. The
parolee may offer evidence in mitigation of the alleged violation.
(b) The parolee's parent, guardian, or custodian is entitled to be
present 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 parolee
did not commit a violation of a condition of parole, the charge shall
be dismissed.
(d) If the department finds that the parolee did violate a condition
of his parole, it may continue him on parole, with or without
modifying the conditions, or revoke the parole and order him
confined on either a continuous or intermittent basis.
(e) The department shall provide the parolee with a written
statement of the reasons for the action taken under subsection (d), if
parole is revoked.
(f) Unless good cause for the delay is established in the record of
the proceeding, the parole revocation charge shall be dismissed if the
revocation hearing is not held within the time established by
subsection (a). As added by Acts 1979, P.L.120, SEC.6. Amended by Acts 1980,
P.L.87, SEC.8.
