§ 11-10-8-3 — Assignment to program; requirements

(a) Before an offender may be assigned to a
minimum security release program:
(1) the offender must be assigned to a minimum security
classification in accord with IC 35-38-3 (any change in the degree
of security, from minimum to a higher degree, whether the change
occurs before or after assignment to a release program, renders
the offender ineligible for participation in the release program,
and the department shall take appropriate action for the offender's
immediate removal from the release program and reassignment to
a facility or program consistent with the offender's degree of
security assignment); and
(2) the department must find that:
(A) the offender is likely to respond affirmatively to the
program;
(B) it is reasonably unlikely that the offender will commit
another crime while assigned to the program; and
(C) the offender demonstrates reading and writing skills that
meet minimum literacy standards:
(i) developed by the department; and
(ii) established under rules adopted by the department under
IC 4-22-2.
(b) The minimum literacy standards adopted by the department
under subsection (a)(2)(C) must provide that an offender is exempt
from those standards if the department determines that:
(1) the offender is unable to meet the minimum literacy standards
as a result of a disability; or
(2) the length of the offender's sentence prevents the offender
from achieving the minimum literacy standards before the
expiration of the offender's sentence.
As added by Acts 1979, P.L.120, SEC.3. Amended by
P.L.150-1987, SEC.1; P.L.23-1993, SEC.34; P.L.1-2005, SEC.124;
P.L.1-2007, SEC.101.