IC 35-38-3
Chapter 3. Commitment to the Department of Correction and
Maximum, Medium, and Minimum Security Assignments
IC 35-38-3-1 Definitions
Sec. 1. As used in this chapter:
"Earliest possible release date" means the date, computed as of the
date of sentencing, on which a person would be entitled to discharge
or release on parole considering:
(1) the term of the sentence;
(2) the term of any other concurrent or consecutive sentence
that the person must serve;
(3) credit time that the person has earned before sentencing; and
(4) the maximum amount of credit time that the person would
earn if he remained in a Class I credit time assignment during
his period of commitment.
"Rated capacity" means the number of inmates that can be housed
at the facility as determined by the most recent jail inspection report.
"Receiving authority" means:
(1) the department of correction;
(2) a sheriff, if incarceration is authorized in a county jail; or
(3) a facility or place designated by the department of
correction. As added by P.L.311-1983, SEC.3.
IC 35-38-3-2 Certification of judgment of conviction and sentence to receiving
authority; contents of judgment; commencement of term of
imprisonment
Sec. 2. (a) When a convicted person is sentenced to imprisonment,
the court shall, without delay, certify, under the seal of the court or
through any electronic means approved by the department of
correction, copies of the judgment of conviction and sentence to the
receiving authority.
(b) The judgment must include:
(1) the crime for which the convicted person is adjudged guilty
and the classification of the criminal offense;
(2) the period, if any, for which the person is rendered
incapable of holding any office of trust or profit;
(3) the amount of the fines or costs (including fees) assessed, if
any, whether or not the convicted person is indigent, and the
method by which the fines or costs (including fees) are to be
satisfied;
(4) the amount of credit, including credit time earned, for time
spent in confinement before sentencing; and
(5) the amount to be credited toward payment of the fines or
costs (including fees) for time spent in confinement before
sentencing.
(c) The judgment may specify the degree of security
recommended by the court.
(d) A term of imprisonment begins on the date sentence is
imposed, unless execution of the sentence is stayed according to law. As added by P.L.311-1983, SEC.3. Amended by P.L.119-2008,
SEC.17; P.L.106-2010, SEC.12.
IC 35-38-3-3 Persons convicted of misdemeanor; commitment; local facilities
Sec. 3. (a) Except as provided by subsection (b), a person
convicted of a misdemeanor may not be committed to the department
of correction.
(b) Upon a request from the sheriff, the commissioner may agree
to accept custody of a misdemeanant:
(1) if placement in the county jail:
(A) places the inmate in danger of serious bodily injury or
death; or
(B) represents a substantial threat to the safety of others;
(2) for other good cause shown; or
(3) if a person has more than five hundred forty-seven (547)
days remaining before the person's earliest release date as a
result of consecutive misdemeanor sentences. As added by P.L.311-1983, SEC.3. Amended by P.L.242-1999,
SEC.10.
IC 35-38-3-4 Duties of sheriff
Sec. 4. (a) The sheriff shall:
(1) transport the convicted person to a receiving authority;
(2) deliver the person to the receiving authority;
(3) deliver a copy of the judgment of conviction and sentence;
and
(4) take from the receiving authority a receipt for the convicted
person.
(b) The sheriff shall transport the convicted person within five (5)
days after the day of sentencing, unless the court orders the sheriff
to transport the person within some other specified period. As added by P.L.311-1983, SEC.3.
IC 35-38-3-5 Determination of degree of security assigned to convicted person;
change of degree; persons convicted of murder
Sec. 5. (a) The department, after diagnosis and classification,
shall:
(1) determine the degree of security (maximum, medium, or
minimum) to which a convicted person will be assigned;
(2) for each offender convicted of a Class D felony whose
sentence for the Class D felony is nonsuspendible under
IC 35-50-2-2(b)(3) due to a prior unrelated Class C or Class D
felony, determine whether the offender is an appropriate
candidate for home detention under IC 35-38-2.5;
(3) for each offender convicted of a Class D felony whose
sentence for the Class D felony is nonsuspendible under:
(A) IC 35-50-2-2.1(a)(1)(B);
(B) IC 35-50-2-2.1(a)(1)(C); or
(C) IC 35-50-2-2.1(a)(2);
determine whether the offender is an appropriate candidate for
home detention under IC 35-38-2.5;
(4) for each offender:
(A) committed to the department because the offender has
been convicted for the first time of a Class C or a Class D
felony; and
(B) whose sentence may be suspended;
determine whether the offender is an appropriate candidate for
home detention under IC 35-38-2.5;
(5) notify the trial court and prosecuting attorney if the degree
of security assigned differs from the court's recommendations;
and
(6) petition the sentencing court under IC 35-38-1-21 for review
of the sentence of an offender who is not a habitual offender
sentenced under IC 35-50-2-8 or IC 35-50-2-10, and who the
department has determined under subdivision (2) or subdivision
(3), to be an appropriate candidate for home detention.
(b) The department may change the degree of security to which
the person is assigned. However, if the person is changed to a lesser
degree security during the first two (2) years of the commitment, the
department shall notify the trial court and the prosecuting attorney
not less than thirty (30) days before the effective date of the changed
security assignment. As added by P.L.311-1983, SEC.3. Amended by P.L.182-1988,
SEC.1; P.L.98-1988, SEC.7; P.L.164-1993, SEC.9.
IC 35-38-3-6 Classification of penal facilities and programs
Sec. 6. (a) The department shall:
(1) classify all penal facilities and programs to which convicted
persons may be assigned for supervision or custodial care
according to:
(A) maximum, medium, or minimum security function; and
(B) treatment program available; and
(2) furnish the classifications to all judges with general criminal
jurisdiction.
(b) A maximum security assignment constitutes an assignment of
a convicted person to a penal facility and correctional program that
are designed to insure that the person remains within a walled or
fenced facility where entry and exit of any person occurs only
through department supervised gates and where periodic inmate
population accounting and supervision by the department occurs
each day.
(c) A medium security assignment constitutes an assignment of a
convicted person to a penal facility and correctional program that are
designed to insure that if the person is permitted outside the
supervised gates of a walled or fenced facility, the department will
provide continuous staff supervision and the person will be
accounted for throughout the day.
(d) A minimum security assignment constitutes an assignment of
a convicted person to a work release center or program, to
intermittent service of a sentence, or to a program requiring weekly
reporting to a designated official. Assignment to minimum security
need not involve a penal facility. As added by P.L.311-1983, SEC.3.
IC 35-38-3
Chapter 3. Commitment to the Department of Correction and
Maximum, Medium, and Minimum Security Assignments
IC 35-38-3-1 Definitions
Sec. 1. As used in this chapter:
"Earliest possible release date" means the date, computed as of the
date of sentencing, on which a person would be entitled to discharge
or release on parole considering:
(1) the term of the sentence;
(2) the term of any other concurrent or consecutive sentence
that the person must serve;
(3) credit time that the person has earned before sentencing; and
(4) the maximum amount of credit time that the person would
earn if he remained in a Class I credit time assignment during
his period of commitment.
"Rated capacity" means the number of inmates that can be housed
at the facility as determined by the most recent jail inspection report.
"Receiving authority" means:
(1) the department of correction;
(2) a sheriff, if incarceration is authorized in a county jail; or
(3) a facility or place designated by the department of
correction. As added by P.L.311-1983, SEC.3.
IC 35-38-3-2 Certification of judgment of conviction and sentence to receiving
authority; contents of judgment; commencement of term of
imprisonment
Sec. 2. (a) When a convicted person is sentenced to imprisonment,
the court shall, without delay, certify, under the seal of the court or
through any electronic means approved by the department of
correction, copies of the judgment of conviction and sentence to the
receiving authority.
(b) The judgment must include:
(1) the crime for which the convicted person is adjudged guilty
and the classification of the criminal offense;
(2) the period, if any, for which the person is rendered
incapable of holding any office of trust or profit;
(3) the amount of the fines or costs (including fees) assessed, if
any, whether or not the convicted person is indigent, and the
method by which the fines or costs (including fees) are to be
satisfied;
(4) the amount of credit, including credit time earned, for time
spent in confinement before sentencing; and
(5) the amount to be credited toward payment of the fines or
costs (including fees) for time spent in confinement before
sentencing.
(c) The judgment may specify the degree of security
recommended by the court.
(d) A term of imprisonment begins on the date sentence is
imposed, unless execution of the sentence is stayed according to law. As added by P.L.311-1983, SEC.3. Amended by P.L.119-2008,
SEC.17; P.L.106-2010, SEC.12.
IC 35-38-3-3 Persons convicted of misdemeanor; commitment; local facilities
Sec. 3. (a) Except as provided by subsection (b), a person
convicted of a misdemeanor may not be committed to the department
of correction.
(b) Upon a request from the sheriff, the commissioner may agree
to accept custody of a misdemeanant:
(1) if placement in the county jail:
(A) places the inmate in danger of serious bodily injury or
death; or
(B) represents a substantial threat to the safety of others;
(2) for other good cause shown; or
(3) if a person has more than five hundred forty-seven (547)
days remaining before the person's earliest release date as a
result of consecutive misdemeanor sentences. As added by P.L.311-1983, SEC.3. Amended by P.L.242-1999,
SEC.10.
IC 35-38-3-4 Duties of sheriff
Sec. 4. (a) The sheriff shall:
(1) transport the convicted person to a receiving authority;
(2) deliver the person to the receiving authority;
(3) deliver a copy of the judgment of conviction and sentence;
and
(4) take from the receiving authority a receipt for the convicted
person.
(b) The sheriff shall transport the convicted person within five (5)
days after the day of sentencing, unless the court orders the sheriff
to transport the person within some other specified period. As added by P.L.311-1983, SEC.3.
IC 35-38-3-5 Determination of degree of security assigned to convicted person;
change of degree; persons convicted of murder
Sec. 5. (a) The department, after diagnosis and classification,
shall:
(1) determine the degree of security (maximum, medium, or
minimum) to which a convicted person will be assigned;
(2) for each offender convicted of a Class D felony whose
sentence for the Class D felony is nonsuspendible under
IC 35-50-2-2(b)(3) due to a prior unrelated Class C or Class D
felony, determine whether the offender is an appropriate
candidate for home detention under IC 35-38-2.5;
(3) for each offender convicted of a Class D felony whose
sentence for the Class D felony is nonsuspendible under:
(A) IC 35-50-2-2.1(a)(1)(B);
(B) IC 35-50-2-2.1(a)(1)(C); or
(C) IC 35-50-2-2.1(a)(2);
determine whether the offender is an appropriate candidate for
home detention under IC 35-38-2.5;
(4) for each offender:
(A) committed to the department because the offender has
been convicted for the first time of a Class C or a Class D
felony; and
(B) whose sentence may be suspended;
determine whether the offender is an appropriate candidate for
home detention under IC 35-38-2.5;
(5) notify the trial court and prosecuting attorney if the degree
of security assigned differs from the court's recommendations;
and
(6) petition the sentencing court under IC 35-38-1-21 for review
of the sentence of an offender who is not a habitual offender
sentenced under IC 35-50-2-8 or IC 35-50-2-10, and who the
department has determined under subdivision (2) or subdivision
(3), to be an appropriate candidate for home detention.
(b) The department may change the degree of security to which
the person is assigned. However, if the person is changed to a lesser
degree security during the first two (2) years of the commitment, the
department shall notify the trial court and the prosecuting attorney
not less than thirty (30) days before the effective date of the changed
security assignment. As added by P.L.311-1983, SEC.3. Amended by P.L.182-1988,
SEC.1; P.L.98-1988, SEC.7; P.L.164-1993, SEC.9.
IC 35-38-3-6 Classification of penal facilities and programs
Sec. 6. (a) The department shall:
(1) classify all penal facilities and programs to which convicted
persons may be assigned for supervision or custodial care
according to:
(A) maximum, medium, or minimum security function; and
(B) treatment program available; and
(2) furnish the classifications to all judges with general criminal
jurisdiction.
(b) A maximum security assignment constitutes an assignment of
a convicted person to a penal facility and correctional program that
are designed to insure that the person remains within a walled or
fenced facility where entry and exit of any person occurs only
through department supervised gates and where periodic inmate
population accounting and supervision by the department occurs
each day.
(c) A medium security assignment constitutes an assignment of a
convicted person to a penal facility and correctional program that are
designed to insure that if the person is permitted outside the
supervised gates of a walled or fenced facility, the department will
provide continuous staff supervision and the person will be
accounted for throughout the day.
(d) A minimum security assignment constitutes an assignment of
a convicted person to a work release center or program, to
intermittent service of a sentence, or to a program requiring weekly
reporting to a designated official. Assignment to minimum security
need not involve a penal facility. As added by P.L.311-1983, SEC.3.
IC 35-38-3
Chapter 3. Commitment to the Department of Correction and
Maximum, Medium, and Minimum Security Assignments
IC 35-38-3-1 Definitions
Sec. 1. As used in this chapter:
"Earliest possible release date" means the date, computed as of the
date of sentencing, on which a person would be entitled to discharge
or release on parole considering:
(1) the term of the sentence;
(2) the term of any other concurrent or consecutive sentence
that the person must serve;
(3) credit time that the person has earned before sentencing; and
(4) the maximum amount of credit time that the person would
earn if he remained in a Class I credit time assignment during
his period of commitment.
"Rated capacity" means the number of inmates that can be housed
at the facility as determined by the most recent jail inspection report.
"Receiving authority" means:
(1) the department of correction;
(2) a sheriff, if incarceration is authorized in a county jail; or
(3) a facility or place designated by the department of
correction. As added by P.L.311-1983, SEC.3.
IC 35-38-3-2 Certification of judgment of conviction and sentence to receiving
authority; contents of judgment; commencement of term of
imprisonment
Sec. 2. (a) When a convicted person is sentenced to imprisonment,
the court shall, without delay, certify, under the seal of the court or
through any electronic means approved by the department of
correction, copies of the judgment of conviction and sentence to the
receiving authority.
(b) The judgment must include:
(1) the crime for which the convicted person is adjudged guilty
and the classification of the criminal offense;
(2) the period, if any, for which the person is rendered
incapable of holding any office of trust or profit;
(3) the amount of the fines or costs (including fees) assessed, if
any, whether or not the convicted person is indigent, and the
method by which the fines or costs (including fees) are to be
satisfied;
(4) the amount of credit, including credit time earned, for time
spent in confinement before sentencing; and
(5) the amount to be credited toward payment of the fines or
costs (including fees) for time spent in confinement before
sentencing.
(c) The judgment may specify the degree of security
recommended by the court.
(d) A term of imprisonment begins on the date sentence is
imposed, unless execution of the sentence is stayed according to law. As added by P.L.311-1983, SEC.3. Amended by P.L.119-2008,
SEC.17; P.L.106-2010, SEC.12.
IC 35-38-3-3 Persons convicted of misdemeanor; commitment; local facilities
Sec. 3. (a) Except as provided by subsection (b), a person
convicted of a misdemeanor may not be committed to the department
of correction.
(b) Upon a request from the sheriff, the commissioner may agree
to accept custody of a misdemeanant:
(1) if placement in the county jail:
(A) places the inmate in danger of serious bodily injury or
death; or
(B) represents a substantial threat to the safety of others;
(2) for other good cause shown; or
(3) if a person has more than five hundred forty-seven (547)
days remaining before the person's earliest release date as a
result of consecutive misdemeanor sentences. As added by P.L.311-1983, SEC.3. Amended by P.L.242-1999,
SEC.10.
IC 35-38-3-4 Duties of sheriff
Sec. 4. (a) The sheriff shall:
(1) transport the convicted person to a receiving authority;
(2) deliver the person to the receiving authority;
(3) deliver a copy of the judgment of conviction and sentence;
and
(4) take from the receiving authority a receipt for the convicted
person.
(b) The sheriff shall transport the convicted person within five (5)
days after the day of sentencing, unless the court orders the sheriff
to transport the person within some other specified period. As added by P.L.311-1983, SEC.3.
IC 35-38-3-5 Determination of degree of security assigned to convicted person;
change of degree; persons convicted of murder
Sec. 5. (a) The department, after diagnosis and classification,
shall:
(1) determine the degree of security (maximum, medium, or
minimum) to which a convicted person will be assigned;
(2) for each offender convicted of a Class D felony whose
sentence for the Class D felony is nonsuspendible under
IC 35-50-2-2(b)(3) due to a prior unrelated Class C or Class D
felony, determine whether the offender is an appropriate
candidate for home detention under IC 35-38-2.5;
(3) for each offender convicted of a Class D felony whose
sentence for the Class D felony is nonsuspendible under:
(A) IC 35-50-2-2.1(a)(1)(B);
(B) IC 35-50-2-2.1(a)(1)(C); or
(C) IC 35-50-2-2.1(a)(2);
determine whether the offender is an appropriate candidate for
home detention under IC 35-38-2.5;
(4) for each offender:
(A) committed to the department because the offender has
been convicted for the first time of a Class C or a Class D
felony; and
(B) whose sentence may be suspended;
determine whether the offender is an appropriate candidate for
home detention under IC 35-38-2.5;
(5) notify the trial court and prosecuting attorney if the degree
of security assigned differs from the court's recommendations;
and
(6) petition the sentencing court under IC 35-38-1-21 for review
of the sentence of an offender who is not a habitual offender
sentenced under IC 35-50-2-8 or IC 35-50-2-10, and who the
department has determined under subdivision (2) or subdivision
(3), to be an appropriate candidate for home detention.
(b) The department may change the degree of security to which
the person is assigned. However, if the person is changed to a lesser
degree security during the first two (2) years of the commitment, the
department shall notify the trial court and the prosecuting attorney
not less than thirty (30) days before the effective date of the changed
security assignment. As added by P.L.311-1983, SEC.3. Amended by P.L.182-1988,
SEC.1; P.L.98-1988, SEC.7; P.L.164-1993, SEC.9.
IC 35-38-3-6 Classification of penal facilities and programs
Sec. 6. (a) The department shall:
(1) classify all penal facilities and programs to which convicted
persons may be assigned for supervision or custodial care
according to:
(A) maximum, medium, or minimum security function; and
(B) treatment program available; and
(2) furnish the classifications to all judges with general criminal
jurisdiction.
(b) A maximum security assignment constitutes an assignment of
a convicted person to a penal facility and correctional program that
are designed to insure that the person remains within a walled or
fenced facility where entry and exit of any person occurs only
through department supervised gates and where periodic inmate
population accounting and supervision by the department occurs
each day.
(c) A medium security assignment constitutes an assignment of a
convicted person to a penal facility and correctional program that are
designed to insure that if the person is permitted outside the
supervised gates of a walled or fenced facility, the department will
provide continuous staff supervision and the person will be
accounted for throughout the day.
(d) A minimum security assignment constitutes an assignment of
a convicted person to a work release center or program, to
intermittent service of a sentence, or to a program requiring weekly
reporting to a designated official. Assignment to minimum security
need not involve a penal facility. As added by P.L.311-1983, SEC.3.
