IC 11-8-2-1 Department of correction; establishment
Sec. 1. There is established in the executive branch of state
government a department of correction. As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-2-2
Repealed
(Repealed by P.L.246-2005, SEC.226.)
IC 11-8-2-3
Repealed
(Repealed by P.L.246-2005, SEC.226.)
IC 11-8-2-4 Office of commissioner of correction; commissioner's
qualifications, term, salary
Sec. 4. There is established the office of commissioner of
correction. The commissioner must hold at least a bachelor's degree
from an accredited college or university and must have held a
management position in correctional or related work for at least five
(5) years. The commissioner shall be appointed by and serve at the
pleasure of the governor. The commissioner is entitled to a salary to
be determined by the state budget agency with the approval of the
governor. As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-2-5 Commissioner's powers and duties
Sec. 5. (a) The commissioner shall do the following:
(1) Organize the department and employ personnel necessary to
discharge the duties and powers of the department.
(2) Administer and supervise the department, including all state
owned or operated correctional facilities.
(3) Except for employees of the parole board, be the appointing
authority for all positions in the department within the scope of
IC 4-15-2 and define the duties of those positions in accord with
IC 4-15-2.
(4) Define the duties of a deputy commissioner and a
superintendent.
(5) Accept committed persons for study, evaluation,
classification, custody, care, training, and reintegration.
(6) Determine the capacity of all state owned or operated
correctional facilities and programs and keep all Indiana courts
having criminal or juvenile jurisdiction informed, on a quarterly
basis, of the populations of those facilities and programs.
(7) Utilize state owned or operated correctional facilities and
programs to accomplish the purposes of the department and
acquire or establish, according to law, additional facilities and
programs whenever necessary to accomplish those purposes.
(8) Develop policies, programs, and services for committed
persons, for administration of facilities, and for conduct of
employees of the department.
(9) Administer, according to law, the money or other property
of the department and the money or other property retained by
the department for committed persons.
(10) Keep an accurate and complete record of all department
proceedings, which includes the responsibility for the custody
and preservation of all papers and documents of the department.
(11) Make an annual report to the governor according to
subsection (c).
(12) Develop, collect, and maintain information concerning
offenders, sentencing practices, and correctional treatment as
the commissioner considers useful in penological research or in
developing programs.
(13) Cooperate with and encourage public and private agencies
and other persons in the development and improvement of
correctional facilities, programs, and services.
(14) Explain correctional programs and services to the public.
(15) As required under 42 U.S.C. 15483, after January 1, 2006,
provide information to the election division to coordinate the
computerized list of voters maintained under IC 3-7-26.3 with
department records concerning individuals disfranchised under
IC 3-7-46.
(b) The commissioner may:
(1) when authorized by law, adopt departmental rules under
IC 4-22-2;
(2) delegate powers and duties conferred on the commissioner
by law to a deputy commissioner or commissioners and other
employees of the department;
(3) issue warrants for the return of escaped committed persons
(an employee of the department or any person authorized to
execute warrants may execute a warrant issued for the return of
an escaped person);
(4) appoint personnel to be sworn in as correctional police
officers; and
(5) exercise any other power reasonably necessary in
discharging the commissioner's duties and powers.
(c) The annual report of the department shall be transmitted to the
governor by September 1 of each year and must contain:
(1) a description of the operation of the department for the
fiscal year ending June 30;
(2) a description of the facilities and programs of the
department;
(3) an evaluation of the adequacy and effectiveness of those
facilities and programs considering the number and needs of
committed persons or other persons receiving services; and
(4) any other information required by law.
Recommendations for alteration, expansion, or discontinuance of
facilities or programs, for funding, or for statutory changes may be
included in the annual report. As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.209-2003,
SEC.200; P.L.246-2005, SEC.91; P.L.77-2009, SEC.3.
IC 11-8-2-6 Deputy commissioners; appointment; qualifications; terms; salary
Sec. 6. The commissioner shall appoint one (1) or more deputy
commissioners. A deputy commissioner must hold at least a
bachelor's degree from an accredited college or university and must
have held a management position in correctional or related work for
a minimum of three (3) years. A deputy commissioner shall serve at
the pleasure of the commissioner. A deputy commissioner is entitled
to a salary to be determined by the budget agency with the approval
of the governor. As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.246-2005,
SEC.92.
IC 11-8-2-7 Correctional facilities for criminal offenders and delinquent
offenders; superintendents; appointment; qualifications; salary;
vacancies
Sec. 7. (a) The commissioner shall determine which state owned
or operated correctional facilities are to be maintained for criminal
offenders and which are to be maintained for delinquent offenders.
(b) The commissioner shall determine which state owned or
operated correctional facilities need, for effective management,
administration by a superintendent. The commissioner shall appoint
a superintendent for each correctional facility. However, the
commissioner may appoint a person as superintendent of two (2) or
more facilities if the commissioner finds that it would be economical
to do so and would not adversely effect the management of the
facilities.
(c) Except as provided in subsection (d), a superintendent must
hold at least a bachelor's degree from an accredited college or
university.
(d) If a superintendent does not hold at least a bachelor's degree
from an accredited college or university, the superintendent must
have at least ten (10) years of experience in public safety work.
(e) In addition to the requirements described in subsections (c)
and (d), a superintendent must have held a management position in
correctional or related work for a minimum of five (5) years. A
superintendent is entitled to a salary to be determined by the budget
agency with the approval of the governor. A superintendent may be
dismissed for cause by the commissioner.
(f) If a superintendent position becomes vacant, the commissioner
may appoint an acting superintendent to discharge the duties and
powers of a superintendent on a temporary basis.
As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.43-2002,
SEC.1; P.L.246-2005, SEC.93; P.L.47-2008, SEC.1.
IC 11-8-2-8 Personnel; application of laws; standards; programs
Sec. 8. (a) All officers and employees of the department, members
of the parole board, the commissioner, any deputy commissioner, and
any superintendent, are within the scope of IC 4-15-2.
(b) IC 11-10-5 applies to teachers employed under that chapter,
notwithstanding IC 4-15-2.
(c) The department shall cooperate with the state personnel
department in establishing minimum qualification standards for
employees of the department and in establishing a system of
personnel recruitment, selection, employment, and distribution.
(d) The department shall conduct training programs designed to
equip employees for duty in its facilities and programs and raise their
level of performance. Training programs conducted by the
department need not be limited to inservice training. They may
include preemployment training, internship programs, and
scholarship programs in cooperation with appropriate agencies.
When funds are appropriated, the department may provide
educational stipends or tuition reimbursement in such amounts and
under such conditions as may be determined by the department and
the personnel division.
(e) The department shall conduct a training program on cultural
diversity awareness that must be a required course for each employee
of the department who has contact with incarcerated persons.
(f) The department shall provide six (6) hours of training to
employees who interact with persons with mental illness, addictive
disorders, mental retardation, and developmental disabilities
concerning the interaction, to be taught by persons approved by the
secretary of family and social services, using teaching methods
approved by the secretary of family and social services and the
commissioner. The commissioner or the commissioner's designee
may credit hours of substantially similar training received by an
employee toward the required six (6) hours of training.
(g) The department shall establish a correctional officer training
program with a curriculum, and administration by agencies, to be
determined by the commissioner. A certificate of completion shall be
issued to any person satisfactorily completing the training program.
A certificate may also be issued to any person who has received
training in another jurisdiction if the commissioner determines that
the training was at least equivalent to the training program
maintained under this subsection. As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.3-1989,
SEC.94; P.L.25-2000, SEC.2; P.L.85-2004, SEC.41; P.L.246-2005,
SEC.94.
IC 11-8-2-9 Research and statistics
Sec. 9. (a) The department shall establish a program of research
and statistics, alone or in cooperation with others, for the purpose of
assisting in the identification and achievement of realistic short term
and long term departmental goals, the making of administrative
decisions, and the evaluation of the facilities and programs of the
entire state correctional system. Information relating to the following
must be compiled:
(1) An inventory of current facilities and programs, including
residential and nonresidential community programs and
offender participation.
(2) Population characteristics and trends, including the
following concerning offenders:
(A) Ethnicity.
(B) Gender.
(3) Judicial sentencing practices.
(4) Service area resources, needs, and capabilities.
(5) Recidivism of offenders.
(6) Projected operating and capital expenditures.
(b) The department may conduct research into the causes,
detection, and treatment of criminality and delinquency and
disseminate the results of that research. As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.142-1995,
SEC.1.
IC 11-8-2-10 Continuance of rules adopted and in effect on October 1, 1980
Sec. 10. All rules adopted by the department and in effect on
October 1, 1980, continue in effect until amended or repealed by the
department, according to IC 4-22-2, under rule-making authority
given to the department under this article. As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-2-11 Corrections drug abuse fund
Sec. 11. (a) The corrections drug abuse fund is established. The
department shall administer the fund. Expenditures from the fund
may be made only in accordance with appropriations made by the
general assembly.
(b) The department may use money from the fund to provide drug
abuse therapy for offenders.
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
(d) Money in the fund at the end of a fiscal year does not revert to
the state general fund. As added by P.L.51-1989, SEC.3.
IC 11-8-2-12 Educational benefits for survivors of hazardous duty employee
who dies in line of duty
Sec. 12. Each child and surviving spouse of a hazardous duty
employee of the department who:
(1) works within a prison or juvenile facility; or
(2) performs parole or emergency response operations and
functions;
and dies in the line of duty is eligible to attend any state educational
institution under IC 21-14-6 without paying tuition or mandatory
fees. As added by P.L.8-2006, SEC.2. Amended by P.L.2-2007, SEC.150.
IC 11-8-2-12.4 Duties concerning the Indiana sex and violent offender registry
Sec. 12.4. The department shall do the following:
(1) Maintain the Indiana sex and violent offender registry
established under IC 36-2-13-5.5. The department shall ensure
that a sex offender's Social Security number remains
unavailable to the public.
(2) Prescribe and approve a format for sex or violent offender
registration as required by IC 11-8-8.
(3) Provide:
(A) judges;
(B) law enforcement officials;
(C) prosecuting attorneys;
(D) parole officers;
(E) probation officers; and
(F) community corrections officials;
with information and training concerning the requirements of
IC 11-8-8 and the use of the Indiana sex and violent offender
registry.
(4) Upon request of a neighborhood association:
(A) transmit to the neighborhood association information
concerning sex or violent offenders who reside near the
location of the neighborhood association; or
(B) provide instructional materials concerning the use of the
Indiana sex and violent offender registry to the
neighborhood association.
(5) Maintain records on every sex or violent offender who:
(A) is incarcerated;
(B) has relocated out of state; and
(C) is no longer required to register due to the expiration of
the sex or violent offender's registration period. As added by P.L.140-2006, SEC.10 and P.L.173-2006, SEC.10.
Amended by P.L.216-2007, SEC.8.
IC 11-8-2-13 Operation of the Indiana sex and violent offender registry
Sec. 13. (a) The Indiana sex and violent offender registry
established under IC 36-2-13-5.5 and maintained by the department
under section 12.4 of this chapter must include the names of each
offender who is or has been required to register under IC 11-8-8.
(b) The department shall do the following:
(1) Ensure that the Indiana sex and violent offender registry is
updated at least once per day with information provided by a
local law enforcement authority (as defined in IC 11-8-8-2).
(2) Publish the Indiana sex and violent offender registry on the
Internet through the computer gateway administered by the
office of technology established by IC 4-13.1-2-1, and ensure
that the Indiana sex and violent offender registry displays the
following or similar words:
"Based on information submitted to law enforcement, a
person whose name appears in this registry has been
convicted of a sex or violent offense or has been adjudicated
a delinquent child for an act that would be a sex or violent
offense if committed by an adult.". As added by P.L.140-2006, SEC.11 and P.L.173-2006, SEC.11.
Amended by P.L.216-2007, SEC.9.
IC 11-8-2-14 Correctional peace officer's fund
Sec. 14. (a) The correctional peace officer's fund is established to
provide monetary assistance, including tuition assistance, to a
correctional employee or the family member of a correctional
employee. Monetary assistance may be paid from the fund to the
correctional employee or a family member of a correctional
employee if:
(1) the employee or employee's family member attends a
postsecondary educational institution;
(2) the employee suffers a loss as the result of a natural disaster;
or
(3) the employee is killed or injured in the line of duty.
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) The fund consists of:
(1) grants;
(2) donations;
(3) employee contributions; and
(4) appropriations;
made to the fund.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(f) Money in the fund is continually appropriated to carry out the
purposes of the fund. As added by P.L.77-2009, SEC.4.
IC 11-8-2-1 Department of correction; establishment
Sec. 1. There is established in the executive branch of state
government a department of correction. As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-2-2
Repealed
(Repealed by P.L.246-2005, SEC.226.)
IC 11-8-2-3
Repealed
(Repealed by P.L.246-2005, SEC.226.)
IC 11-8-2-4 Office of commissioner of correction; commissioner's
qualifications, term, salary
Sec. 4. There is established the office of commissioner of
correction. The commissioner must hold at least a bachelor's degree
from an accredited college or university and must have held a
management position in correctional or related work for at least five
(5) years. The commissioner shall be appointed by and serve at the
pleasure of the governor. The commissioner is entitled to a salary to
be determined by the state budget agency with the approval of the
governor. As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-2-5 Commissioner's powers and duties
Sec. 5. (a) The commissioner shall do the following:
(1) Organize the department and employ personnel necessary to
discharge the duties and powers of the department.
(2) Administer and supervise the department, including all state
owned or operated correctional facilities.
(3) Except for employees of the parole board, be the appointing
authority for all positions in the department within the scope of
IC 4-15-2 and define the duties of those positions in accord with
IC 4-15-2.
(4) Define the duties of a deputy commissioner and a
superintendent.
(5) Accept committed persons for study, evaluation,
classification, custody, care, training, and reintegration.
(6) Determine the capacity of all state owned or operated
correctional facilities and programs and keep all Indiana courts
having criminal or juvenile jurisdiction informed, on a quarterly
basis, of the populations of those facilities and programs.
(7) Utilize state owned or operated correctional facilities and
programs to accomplish the purposes of the department and
acquire or establish, according to law, additional facilities and
programs whenever necessary to accomplish those purposes.
(8) Develop policies, programs, and services for committed
persons, for administration of facilities, and for conduct of
employees of the department.
(9) Administer, according to law, the money or other property
of the department and the money or other property retained by
the department for committed persons.
(10) Keep an accurate and complete record of all department
proceedings, which includes the responsibility for the custody
and preservation of all papers and documents of the department.
(11) Make an annual report to the governor according to
subsection (c).
(12) Develop, collect, and maintain information concerning
offenders, sentencing practices, and correctional treatment as
the commissioner considers useful in penological research or in
developing programs.
(13) Cooperate with and encourage public and private agencies
and other persons in the development and improvement of
correctional facilities, programs, and services.
(14) Explain correctional programs and services to the public.
(15) As required under 42 U.S.C. 15483, after January 1, 2006,
provide information to the election division to coordinate the
computerized list of voters maintained under IC 3-7-26.3 with
department records concerning individuals disfranchised under
IC 3-7-46.
(b) The commissioner may:
(1) when authorized by law, adopt departmental rules under
IC 4-22-2;
(2) delegate powers and duties conferred on the commissioner
by law to a deputy commissioner or commissioners and other
employees of the department;
(3) issue warrants for the return of escaped committed persons
(an employee of the department or any person authorized to
execute warrants may execute a warrant issued for the return of
an escaped person);
(4) appoint personnel to be sworn in as correctional police
officers; and
(5) exercise any other power reasonably necessary in
discharging the commissioner's duties and powers.
(c) The annual report of the department shall be transmitted to the
governor by September 1 of each year and must contain:
(1) a description of the operation of the department for the
fiscal year ending June 30;
(2) a description of the facilities and programs of the
department;
(3) an evaluation of the adequacy and effectiveness of those
facilities and programs considering the number and needs of
committed persons or other persons receiving services; and
(4) any other information required by law.
Recommendations for alteration, expansion, or discontinuance of
facilities or programs, for funding, or for statutory changes may be
included in the annual report. As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.209-2003,
SEC.200; P.L.246-2005, SEC.91; P.L.77-2009, SEC.3.
IC 11-8-2-6 Deputy commissioners; appointment; qualifications; terms; salary
Sec. 6. The commissioner shall appoint one (1) or more deputy
commissioners. A deputy commissioner must hold at least a
bachelor's degree from an accredited college or university and must
have held a management position in correctional or related work for
a minimum of three (3) years. A deputy commissioner shall serve at
the pleasure of the commissioner. A deputy commissioner is entitled
to a salary to be determined by the budget agency with the approval
of the governor. As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.246-2005,
SEC.92.
IC 11-8-2-7 Correctional facilities for criminal offenders and delinquent
offenders; superintendents; appointment; qualifications; salary;
vacancies
Sec. 7. (a) The commissioner shall determine which state owned
or operated correctional facilities are to be maintained for criminal
offenders and which are to be maintained for delinquent offenders.
(b) The commissioner shall determine which state owned or
operated correctional facilities need, for effective management,
administration by a superintendent. The commissioner shall appoint
a superintendent for each correctional facility. However, the
commissioner may appoint a person as superintendent of two (2) or
more facilities if the commissioner finds that it would be economical
to do so and would not adversely effect the management of the
facilities.
(c) Except as provided in subsection (d), a superintendent must
hold at least a bachelor's degree from an accredited college or
university.
(d) If a superintendent does not hold at least a bachelor's degree
from an accredited college or university, the superintendent must
have at least ten (10) years of experience in public safety work.
(e) In addition to the requirements described in subsections (c)
and (d), a superintendent must have held a management position in
correctional or related work for a minimum of five (5) years. A
superintendent is entitled to a salary to be determined by the budget
agency with the approval of the governor. A superintendent may be
dismissed for cause by the commissioner.
(f) If a superintendent position becomes vacant, the commissioner
may appoint an acting superintendent to discharge the duties and
powers of a superintendent on a temporary basis.
As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.43-2002,
SEC.1; P.L.246-2005, SEC.93; P.L.47-2008, SEC.1.
IC 11-8-2-8 Personnel; application of laws; standards; programs
Sec. 8. (a) All officers and employees of the department, members
of the parole board, the commissioner, any deputy commissioner, and
any superintendent, are within the scope of IC 4-15-2.
(b) IC 11-10-5 applies to teachers employed under that chapter,
notwithstanding IC 4-15-2.
(c) The department shall cooperate with the state personnel
department in establishing minimum qualification standards for
employees of the department and in establishing a system of
personnel recruitment, selection, employment, and distribution.
(d) The department shall conduct training programs designed to
equip employees for duty in its facilities and programs and raise their
level of performance. Training programs conducted by the
department need not be limited to inservice training. They may
include preemployment training, internship programs, and
scholarship programs in cooperation with appropriate agencies.
When funds are appropriated, the department may provide
educational stipends or tuition reimbursement in such amounts and
under such conditions as may be determined by the department and
the personnel division.
(e) The department shall conduct a training program on cultural
diversity awareness that must be a required course for each employee
of the department who has contact with incarcerated persons.
(f) The department shall provide six (6) hours of training to
employees who interact with persons with mental illness, addictive
disorders, mental retardation, and developmental disabilities
concerning the interaction, to be taught by persons approved by the
secretary of family and social services, using teaching methods
approved by the secretary of family and social services and the
commissioner. The commissioner or the commissioner's designee
may credit hours of substantially similar training received by an
employee toward the required six (6) hours of training.
(g) The department shall establish a correctional officer training
program with a curriculum, and administration by agencies, to be
determined by the commissioner. A certificate of completion shall be
issued to any person satisfactorily completing the training program.
A certificate may also be issued to any person who has received
training in another jurisdiction if the commissioner determines that
the training was at least equivalent to the training program
maintained under this subsection. As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.3-1989,
SEC.94; P.L.25-2000, SEC.2; P.L.85-2004, SEC.41; P.L.246-2005,
SEC.94.
IC 11-8-2-9 Research and statistics
Sec. 9. (a) The department shall establish a program of research
and statistics, alone or in cooperation with others, for the purpose of
assisting in the identification and achievement of realistic short term
and long term departmental goals, the making of administrative
decisions, and the evaluation of the facilities and programs of the
entire state correctional system. Information relating to the following
must be compiled:
(1) An inventory of current facilities and programs, including
residential and nonresidential community programs and
offender participation.
(2) Population characteristics and trends, including the
following concerning offenders:
(A) Ethnicity.
(B) Gender.
(3) Judicial sentencing practices.
(4) Service area resources, needs, and capabilities.
(5) Recidivism of offenders.
(6) Projected operating and capital expenditures.
(b) The department may conduct research into the causes,
detection, and treatment of criminality and delinquency and
disseminate the results of that research. As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.142-1995,
SEC.1.
IC 11-8-2-10 Continuance of rules adopted and in effect on October 1, 1980
Sec. 10. All rules adopted by the department and in effect on
October 1, 1980, continue in effect until amended or repealed by the
department, according to IC 4-22-2, under rule-making authority
given to the department under this article. As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-2-11 Corrections drug abuse fund
Sec. 11. (a) The corrections drug abuse fund is established. The
department shall administer the fund. Expenditures from the fund
may be made only in accordance with appropriations made by the
general assembly.
(b) The department may use money from the fund to provide drug
abuse therapy for offenders.
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
(d) Money in the fund at the end of a fiscal year does not revert to
the state general fund. As added by P.L.51-1989, SEC.3.
IC 11-8-2-12 Educational benefits for survivors of hazardous duty employee
who dies in line of duty
Sec. 12. Each child and surviving spouse of a hazardous duty
employee of the department who:
(1) works within a prison or juvenile facility; or
(2) performs parole or emergency response operations and
functions;
and dies in the line of duty is eligible to attend any state educational
institution under IC 21-14-6 without paying tuition or mandatory
fees. As added by P.L.8-2006, SEC.2. Amended by P.L.2-2007, SEC.150.
IC 11-8-2-12.4 Duties concerning the Indiana sex and violent offender registry
Sec. 12.4. The department shall do the following:
(1) Maintain the Indiana sex and violent offender registry
established under IC 36-2-13-5.5. The department shall ensure
that a sex offender's Social Security number remains
unavailable to the public.
(2) Prescribe and approve a format for sex or violent offender
registration as required by IC 11-8-8.
(3) Provide:
(A) judges;
(B) law enforcement officials;
(C) prosecuting attorneys;
(D) parole officers;
(E) probation officers; and
(F) community corrections officials;
with information and training concerning the requirements of
IC 11-8-8 and the use of the Indiana sex and violent offender
registry.
(4) Upon request of a neighborhood association:
(A) transmit to the neighborhood association information
concerning sex or violent offenders who reside near the
location of the neighborhood association; or
(B) provide instructional materials concerning the use of the
Indiana sex and violent offender registry to the
neighborhood association.
(5) Maintain records on every sex or violent offender who:
(A) is incarcerated;
(B) has relocated out of state; and
(C) is no longer required to register due to the expiration of
the sex or violent offender's registration period. As added by P.L.140-2006, SEC.10 and P.L.173-2006, SEC.10.
Amended by P.L.216-2007, SEC.8.
IC 11-8-2-13 Operation of the Indiana sex and violent offender registry
Sec. 13. (a) The Indiana sex and violent offender registry
established under IC 36-2-13-5.5 and maintained by the department
under section 12.4 of this chapter must include the names of each
offender who is or has been required to register under IC 11-8-8.
(b) The department shall do the following:
(1) Ensure that the Indiana sex and violent offender registry is
updated at least once per day with information provided by a
local law enforcement authority (as defined in IC 11-8-8-2).
(2) Publish the Indiana sex and violent offender registry on the
Internet through the computer gateway administered by the
office of technology established by IC 4-13.1-2-1, and ensure
that the Indiana sex and violent offender registry displays the
following or similar words:
"Based on information submitted to law enforcement, a
person whose name appears in this registry has been
convicted of a sex or violent offense or has been adjudicated
a delinquent child for an act that would be a sex or violent
offense if committed by an adult.". As added by P.L.140-2006, SEC.11 and P.L.173-2006, SEC.11.
Amended by P.L.216-2007, SEC.9.
IC 11-8-2-14 Correctional peace officer's fund
Sec. 14. (a) The correctional peace officer's fund is established to
provide monetary assistance, including tuition assistance, to a
correctional employee or the family member of a correctional
employee. Monetary assistance may be paid from the fund to the
correctional employee or a family member of a correctional
employee if:
(1) the employee or employee's family member attends a
postsecondary educational institution;
(2) the employee suffers a loss as the result of a natural disaster;
or
(3) the employee is killed or injured in the line of duty.
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) The fund consists of:
(1) grants;
(2) donations;
(3) employee contributions; and
(4) appropriations;
made to the fund.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(f) Money in the fund is continually appropriated to carry out the
purposes of the fund. As added by P.L.77-2009, SEC.4.
IC 11-8-2-1 Department of correction; establishment
Sec. 1. There is established in the executive branch of state
government a department of correction. As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-2-2
Repealed
(Repealed by P.L.246-2005, SEC.226.)
IC 11-8-2-3
Repealed
(Repealed by P.L.246-2005, SEC.226.)
IC 11-8-2-4 Office of commissioner of correction; commissioner's
qualifications, term, salary
Sec. 4. There is established the office of commissioner of
correction. The commissioner must hold at least a bachelor's degree
from an accredited college or university and must have held a
management position in correctional or related work for at least five
(5) years. The commissioner shall be appointed by and serve at the
pleasure of the governor. The commissioner is entitled to a salary to
be determined by the state budget agency with the approval of the
governor. As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-2-5 Commissioner's powers and duties
Sec. 5. (a) The commissioner shall do the following:
(1) Organize the department and employ personnel necessary to
discharge the duties and powers of the department.
(2) Administer and supervise the department, including all state
owned or operated correctional facilities.
(3) Except for employees of the parole board, be the appointing
authority for all positions in the department within the scope of
IC 4-15-2 and define the duties of those positions in accord with
IC 4-15-2.
(4) Define the duties of a deputy commissioner and a
superintendent.
(5) Accept committed persons for study, evaluation,
classification, custody, care, training, and reintegration.
(6) Determine the capacity of all state owned or operated
correctional facilities and programs and keep all Indiana courts
having criminal or juvenile jurisdiction informed, on a quarterly
basis, of the populations of those facilities and programs.
(7) Utilize state owned or operated correctional facilities and
programs to accomplish the purposes of the department and
acquire or establish, according to law, additional facilities and
programs whenever necessary to accomplish those purposes.
(8) Develop policies, programs, and services for committed
persons, for administration of facilities, and for conduct of
employees of the department.
(9) Administer, according to law, the money or other property
of the department and the money or other property retained by
the department for committed persons.
(10) Keep an accurate and complete record of all department
proceedings, which includes the responsibility for the custody
and preservation of all papers and documents of the department.
(11) Make an annual report to the governor according to
subsection (c).
(12) Develop, collect, and maintain information concerning
offenders, sentencing practices, and correctional treatment as
the commissioner considers useful in penological research or in
developing programs.
(13) Cooperate with and encourage public and private agencies
and other persons in the development and improvement of
correctional facilities, programs, and services.
(14) Explain correctional programs and services to the public.
(15) As required under 42 U.S.C. 15483, after January 1, 2006,
provide information to the election division to coordinate the
computerized list of voters maintained under IC 3-7-26.3 with
department records concerning individuals disfranchised under
IC 3-7-46.
(b) The commissioner may:
(1) when authorized by law, adopt departmental rules under
IC 4-22-2;
(2) delegate powers and duties conferred on the commissioner
by law to a deputy commissioner or commissioners and other
employees of the department;
(3) issue warrants for the return of escaped committed persons
(an employee of the department or any person authorized to
execute warrants may execute a warrant issued for the return of
an escaped person);
(4) appoint personnel to be sworn in as correctional police
officers; and
(5) exercise any other power reasonably necessary in
discharging the commissioner's duties and powers.
(c) The annual report of the department shall be transmitted to the
governor by September 1 of each year and must contain:
(1) a description of the operation of the department for the
fiscal year ending June 30;
(2) a description of the facilities and programs of the
department;
(3) an evaluation of the adequacy and effectiveness of those
facilities and programs considering the number and needs of
committed persons or other persons receiving services; and
(4) any other information required by law.
Recommendations for alteration, expansion, or discontinuance of
facilities or programs, for funding, or for statutory changes may be
included in the annual report. As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.209-2003,
SEC.200; P.L.246-2005, SEC.91; P.L.77-2009, SEC.3.
IC 11-8-2-6 Deputy commissioners; appointment; qualifications; terms; salary
Sec. 6. The commissioner shall appoint one (1) or more deputy
commissioners. A deputy commissioner must hold at least a
bachelor's degree from an accredited college or university and must
have held a management position in correctional or related work for
a minimum of three (3) years. A deputy commissioner shall serve at
the pleasure of the commissioner. A deputy commissioner is entitled
to a salary to be determined by the budget agency with the approval
of the governor. As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.246-2005,
SEC.92.
IC 11-8-2-7 Correctional facilities for criminal offenders and delinquent
offenders; superintendents; appointment; qualifications; salary;
vacancies
Sec. 7. (a) The commissioner shall determine which state owned
or operated correctional facilities are to be maintained for criminal
offenders and which are to be maintained for delinquent offenders.
(b) The commissioner shall determine which state owned or
operated correctional facilities need, for effective management,
administration by a superintendent. The commissioner shall appoint
a superintendent for each correctional facility. However, the
commissioner may appoint a person as superintendent of two (2) or
more facilities if the commissioner finds that it would be economical
to do so and would not adversely effect the management of the
facilities.
(c) Except as provided in subsection (d), a superintendent must
hold at least a bachelor's degree from an accredited college or
university.
(d) If a superintendent does not hold at least a bachelor's degree
from an accredited college or university, the superintendent must
have at least ten (10) years of experience in public safety work.
(e) In addition to the requirements described in subsections (c)
and (d), a superintendent must have held a management position in
correctional or related work for a minimum of five (5) years. A
superintendent is entitled to a salary to be determined by the budget
agency with the approval of the governor. A superintendent may be
dismissed for cause by the commissioner.
(f) If a superintendent position becomes vacant, the commissioner
may appoint an acting superintendent to discharge the duties and
powers of a superintendent on a temporary basis.
As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.43-2002,
SEC.1; P.L.246-2005, SEC.93; P.L.47-2008, SEC.1.
IC 11-8-2-8 Personnel; application of laws; standards; programs
Sec. 8. (a) All officers and employees of the department, members
of the parole board, the commissioner, any deputy commissioner, and
any superintendent, are within the scope of IC 4-15-2.
(b) IC 11-10-5 applies to teachers employed under that chapter,
notwithstanding IC 4-15-2.
(c) The department shall cooperate with the state personnel
department in establishing minimum qualification standards for
employees of the department and in establishing a system of
personnel recruitment, selection, employment, and distribution.
(d) The department shall conduct training programs designed to
equip employees for duty in its facilities and programs and raise their
level of performance. Training programs conducted by the
department need not be limited to inservice training. They may
include preemployment training, internship programs, and
scholarship programs in cooperation with appropriate agencies.
When funds are appropriated, the department may provide
educational stipends or tuition reimbursement in such amounts and
under such conditions as may be determined by the department and
the personnel division.
(e) The department shall conduct a training program on cultural
diversity awareness that must be a required course for each employee
of the department who has contact with incarcerated persons.
(f) The department shall provide six (6) hours of training to
employees who interact with persons with mental illness, addictive
disorders, mental retardation, and developmental disabilities
concerning the interaction, to be taught by persons approved by the
secretary of family and social services, using teaching methods
approved by the secretary of family and social services and the
commissioner. The commissioner or the commissioner's designee
may credit hours of substantially similar training received by an
employee toward the required six (6) hours of training.
(g) The department shall establish a correctional officer training
program with a curriculum, and administration by agencies, to be
determined by the commissioner. A certificate of completion shall be
issued to any person satisfactorily completing the training program.
A certificate may also be issued to any person who has received
training in another jurisdiction if the commissioner determines that
the training was at least equivalent to the training program
maintained under this subsection. As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.3-1989,
SEC.94; P.L.25-2000, SEC.2; P.L.85-2004, SEC.41; P.L.246-2005,
SEC.94.
IC 11-8-2-9 Research and statistics
Sec. 9. (a) The department shall establish a program of research
and statistics, alone or in cooperation with others, for the purpose of
assisting in the identification and achievement of realistic short term
and long term departmental goals, the making of administrative
decisions, and the evaluation of the facilities and programs of the
entire state correctional system. Information relating to the following
must be compiled:
(1) An inventory of current facilities and programs, including
residential and nonresidential community programs and
offender participation.
(2) Population characteristics and trends, including the
following concerning offenders:
(A) Ethnicity.
(B) Gender.
(3) Judicial sentencing practices.
(4) Service area resources, needs, and capabilities.
(5) Recidivism of offenders.
(6) Projected operating and capital expenditures.
(b) The department may conduct research into the causes,
detection, and treatment of criminality and delinquency and
disseminate the results of that research. As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.142-1995,
SEC.1.
IC 11-8-2-10 Continuance of rules adopted and in effect on October 1, 1980
Sec. 10. All rules adopted by the department and in effect on
October 1, 1980, continue in effect until amended or repealed by the
department, according to IC 4-22-2, under rule-making authority
given to the department under this article. As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-2-11 Corrections drug abuse fund
Sec. 11. (a) The corrections drug abuse fund is established. The
department shall administer the fund. Expenditures from the fund
may be made only in accordance with appropriations made by the
general assembly.
(b) The department may use money from the fund to provide drug
abuse therapy for offenders.
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
(d) Money in the fund at the end of a fiscal year does not revert to
the state general fund. As added by P.L.51-1989, SEC.3.
IC 11-8-2-12 Educational benefits for survivors of hazardous duty employee
who dies in line of duty
Sec. 12. Each child and surviving spouse of a hazardous duty
employee of the department who:
(1) works within a prison or juvenile facility; or
(2) performs parole or emergency response operations and
functions;
and dies in the line of duty is eligible to attend any state educational
institution under IC 21-14-6 without paying tuition or mandatory
fees. As added by P.L.8-2006, SEC.2. Amended by P.L.2-2007, SEC.150.
IC 11-8-2-12.4 Duties concerning the Indiana sex and violent offender registry
Sec. 12.4. The department shall do the following:
(1) Maintain the Indiana sex and violent offender registry
established under IC 36-2-13-5.5. The department shall ensure
that a sex offender's Social Security number remains
unavailable to the public.
(2) Prescribe and approve a format for sex or violent offender
registration as required by IC 11-8-8.
(3) Provide:
(A) judges;
(B) law enforcement officials;
(C) prosecuting attorneys;
(D) parole officers;
(E) probation officers; and
(F) community corrections officials;
with information and training concerning the requirements of
IC 11-8-8 and the use of the Indiana sex and violent offender
registry.
(4) Upon request of a neighborhood association:
(A) transmit to the neighborhood association information
concerning sex or violent offenders who reside near the
location of the neighborhood association; or
(B) provide instructional materials concerning the use of the
Indiana sex and violent offender registry to the
neighborhood association.
(5) Maintain records on every sex or violent offender who:
(A) is incarcerated;
(B) has relocated out of state; and
(C) is no longer required to register due to the expiration of
the sex or violent offender's registration period. As added by P.L.140-2006, SEC.10 and P.L.173-2006, SEC.10.
Amended by P.L.216-2007, SEC.8.
IC 11-8-2-13 Operation of the Indiana sex and violent offender registry
Sec. 13. (a) The Indiana sex and violent offender registry
established under IC 36-2-13-5.5 and maintained by the department
under section 12.4 of this chapter must include the names of each
offender who is or has been required to register under IC 11-8-8.
(b) The department shall do the following:
(1) Ensure that the Indiana sex and violent offender registry is
updated at least once per day with information provided by a
local law enforcement authority (as defined in IC 11-8-8-2).
(2) Publish the Indiana sex and violent offender registry on the
Internet through the computer gateway administered by the
office of technology established by IC 4-13.1-2-1, and ensure
that the Indiana sex and violent offender registry displays the
following or similar words:
"Based on information submitted to law enforcement, a
person whose name appears in this registry has been
convicted of a sex or violent offense or has been adjudicated
a delinquent child for an act that would be a sex or violent
offense if committed by an adult.". As added by P.L.140-2006, SEC.11 and P.L.173-2006, SEC.11.
Amended by P.L.216-2007, SEC.9.
IC 11-8-2-14 Correctional peace officer's fund
Sec. 14. (a) The correctional peace officer's fund is established to
provide monetary assistance, including tuition assistance, to a
correctional employee or the family member of a correctional
employee. Monetary assistance may be paid from the fund to the
correctional employee or a family member of a correctional
employee if:
(1) the employee or employee's family member attends a
postsecondary educational institution;
(2) the employee suffers a loss as the result of a natural disaster;
or
(3) the employee is killed or injured in the line of duty.
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) The fund consists of:
(1) grants;
(2) donations;
(3) employee contributions; and
(4) appropriations;
made to the fund.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(f) Money in the fund is continually appropriated to carry out the
purposes of the fund. As added by P.L.77-2009, SEC.4.
