§ 11-10-11.5-2 — Notice of offender's eligibility for program

Indiana § 11-10-11.5-2

• Jurisdiction: Indiana
• Art. 10: CORRECTIONAL SERVICES AND PROGRAMS
• Ch. 11.5: Assignment to Community Transition Program

Text

(a) Not earlier than sixty (60) days and not
later than forty-five (45) days before an offender's community
transition program commencement date, the department shall give
written notice of the offender's eligibility for a community transition
program to each court that sentenced the offender for a period of
imprisonment that the offender is still actively serving. The notice must
include the following information:
(1) The person's name.
(2) A description of the offenses for which the person was
committed to the department.
(3) The person's expected release date.
(4) The person's community transition program commencement
date designated by the department.
(5) The person's current security and credit time classifications.
(6) A report summarizing the person's conduct while committed
to the department.
(7) Any other information that the department determines would
assist the sentencing court in determining whether to issue an
order under IC 35-38-1-24 or IC 35-38-1-25.
(b) If the offender's expected release date changes as the result of
the loss of educational credit or good time credit after notice is sent to
each court under this section, the offender may become ineligible for
a community transition program.
(c) If the offender's expected release date changes as the result of
the gain of educational credit or good time credit after notice is sent to
each court under this section, the offender may be assigned to a
community transition program if the department determines that:
(1) a sufficient amount of time exists to allow a court under IC 35-38-1-24 or IC 35-38-1-25 to consider a written statement
described in section 4.5 of this chapter; and
(2) an offender will have at least thirty (30) days remaining on the
offender's sentence after the court's consideration of a written
statement under subdivision (1), calculated as follows:
(A) Beginning on the date the department will assign the
offender to a minimum security classification and place the
offender in a community transition program.
(B) Ending with the recalculated expected release date.
(d) The department shall notify each court whenever the department
finds that an offender is ineligible for the program because of a change
in the person's educational credit or good time credit.

Legislative History

As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000, SEC.4; P.L.85-2004, SEC.32; P.L.74-2015, SEC.6.