2014 Indiana Code TITLE 11. CORRECTIONS ARTICLE 10. CORRECTIONAL SERVICES AND PROGRAMS CHAPTER 1. EVALUATION, CLASSIFICATION, AND ASSIGNMENT OF CRIMINAL OFFENDERS
Download as PDF
IC 11-10
ARTICLE 10. CORRECTIONAL SERVICES AND
PROGRAMS
IC 11-10-1
Chapter 1. Evaluation, Classification, and Assignment of
Criminal Offenders
IC 11-10-1-1
Application of chapter
Sec. 1. This chapter applies only to criminal offenders.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-1-2
Evaluation; information to consider; use of reports or other
information; previous evaluations and information; citizenship and
immigration status; provide requested information
Sec. 2. (a) A committed criminal offender shall, within a
reasonable time, be evaluated regarding:
(1) the offender's medical, psychological, educational,
vocational, economic and social condition, and history;
(2) the circumstances surrounding the offender's present
commitment;
(3) the offender's history of criminality;
(4) the citizenship or immigration status of the offender by
making a reasonable effort to verify the offender's citizenship
or immigration status with the United States Department of
Homeland Security under 8 U.S.C. 1373(c); and
(5) any additional relevant matters.
(b) In making the evaluation prescribed in subsection (a), the
department may utilize any presentence report, any presentence
memorandum filed by the offender, any reports of any presentence
physical or mental examination, the record of the sentencing hearing,
or other information forwarded by the sentencing court or other
agency, if that information meets the department's minimum
standards for criminal offender evaluation.
(c) If an offender has undergone, within two (2) years before the
date of the offender's commitment, a previous departmental
evaluation under this section, the department may rely on the
previous evaluation and the information used at that time. However,
this subsection does not deprive an offender of the right to a medical
and dental examination under IC 11-10-3.
(d) If the department is unable to verify the citizenship or
immigration status of a committed criminal offender, the department
shall notify the United States Department of Homeland Security that
the citizenship or immigration status of the offender could not be
verified. The department shall provide the United States Department
of Homeland Security with any information regarding the committed
criminal offender that:
(1) is requested by the United States Department of Homeland
Security; and
(2) is in the department's possession or the department is able
to obtain.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.171-2011,
SEC.8.
IC 11-10-1-3
Security classification of offender; determination; assignment to
facility or program
Sec. 3. (a) Upon completion of the evaluation prescribed in
section 2 of this chapter and before assigning him to a facility or
program, the department shall determine the appropriate degree of
security (maximum, medium, or minimum) for each offender as
described in IC 35-38-3-6. In making that determination the
department shall, in addition to other relevant information, consider:
(1) the results of the evaluation prescribed in section 2 of this
chapter;
(2) the recommendations of the sentencing court; and
(3) the degree and kind of custodial control necessary for the
protection of the public, staff, other confined persons, and the
individual being considered.
(b) After determining the offender's security classification, the
department shall assign him to a facility or program; make an initial
employment, education, training, or other assignment within that
facility or program; and order medical, psychiatric, psychological, or
other services. In making the assignment, the department shall, in
addition to other relevant information, consider:
(1) the results of the evaluation prescribed in section 2 of this
chapter;
(2) the offender's security classification;
(3) the offender's need for special therapy or programs,
including employment, education, or training available only in
specific facilities or programs;
(4) the likelihood of the offender's reintegration into the
community in which the facility or program is located;
(5) the desirability of keeping the offender in a facility or
program near the area in which he resided before commitment;
(6) the desires of the offender;
(7) the current population levels of the facilities or programs
considered appropriate for the offender; and
(8) the length of the offender's sentence.
(c) If the department determines that a committed offender is
mentally or physically incapacitated to such an extent that proper
custody, care, and control cannot be provided by the department, it
shall make arrangements for placement outside the department.
(d) Before assigning an offender to a facility or program, the
department shall give him an opportunity to present pertinent
information; discuss with him all aspects of the evaluation,
classification, and assignment process; and work with him to
determine a fair and appropriate assignment.
(e) If an offender is sentenced to a term of imprisonment of one
(1) year or less, the department may make an assignment under this
section without making the evaluation prescribed in section 2 of this
chapter. In determining the length of an offender's term, consecutive
terms of imprisonment shall be added together.
(f) This section does not prohibit the temporary assignment of an
offender pending evaluation and classification.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.5-1988,
SEC.60.
IC 11-10-1-4
Court order for evaluation, classification, and determination of
proposed assignment
Sec. 4. Unless notified by the department that adequate space is
unavailable, a court may order an offender who is to be sentenced by
it and is subject to commitment to the department to be temporarily
committed to the department, for not more than thirty (30) days, for
evaluation, classification, and determination of proposed assignment
under sections 2 and 3 of this chapter. The department shall forward
to the court its written findings and recommendations.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-1-5
Evaluation and classification of offender by local governmental
unit or other public or private agency
Sec. 5. This chapter does not preclude a local governmental unit
or other public or private agency from evaluating or classifying an
offender, before commitment to the department, as prescribed by
sections 2 and 3 of this chapter, if those services are approved by the
commissioner as a substitute for departmental services.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-1-6
Annual review of committed offender of current classification
assignment; decision
Sec. 6. The department shall, at least annually, review, in accord
with sections 2 and 3 of this chapter, every committed offender not
on parole to determine the appropriateness of his current
c l a s s i f i c a t i o n a n d a s s i g n me n t a n d t o ma k e a
classification-assignment decision based upon that review. Before
making a classification-assignment decision the department shall
interview the offender, discuss with him the information on which
the decision will be based, and allow him to challenge that
information and present pertinent information of his own. The
department shall promptly notify the offender, in writing, of his
classification-assignment decision and the reasons for it.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-1-7
Involuntary segregation of offender; review; disciplinary
segregation
Sec. 7. (a) An offender may be involuntarily segregated from the
general population of a facility or program if the department first
finds that segregation is necessary for the offender's own physical
safety or the physical safety of others.
(b) The department shall review an offender so segregated at least
once every thirty (30) days to determine whether the reason for
segregation still exists.
(c) This section does not apply to disciplinary segregation under
IC 11-11-5.
As added by Acts 1979, P.L.120, SEC.3.
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.