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