§ 11-10-1-3 — Security classification of offender; determination; assignment to facility or program

Indiana § 11-10-1-3

• Jurisdiction: Indiana
• Art. 10: CORRECTIONAL SERVICES AND PROGRAMS
• Ch. 1: Evaluation, Classification, and Assignment of Criminal

Text

(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.