§ 11-8-2-5 — Commissioner's powers and duties

Indiana § 11-8-2-5

• Jurisdiction: Indiana
• Art. 8: GENERAL PROVISIONS: DEPARTMENT OF
• Ch. 2: Organization of Department

Text

(a) The commissioner shall do the following:
(1) Organize the department and employ personnel necessary to
discharge the duties and powers of the department.
(2) Administer and supervise the department, including all state
owned or operated correctional facilities.
(3) Except for employees of the parole board, be the appointing
authority for all positions in the department.
(4) Define the duties of a deputy commissioner and a warden.
(5) Accept committed persons for study, evaluation,
classification, custody, care, training, and reintegration.
(6) Determine the capacity of all state owned or operated
correctional facilities and programs and keep all Indiana courts
having criminal or juvenile jurisdiction informed, on a quarterly
basis, of the populations of those facilities and programs.
(7) Utilize state owned or operated correctional facilities and
programs to accomplish the purposes of the department and
acquire or establish, according to law, additional facilities and
programs whenever necessary to accomplish those purposes.
(8) Develop policies, programs, and services for committed
persons, for administration of facilities, and for conduct of
employees of the department.
(9) Administer, according to law, the money or other property of
the department and the money or other property retained by the
department for committed persons.
(10) Keep an accurate and complete record of all department
proceedings, which includes the responsibility for the custody and
preservation of all papers and documents of the department.
(11) Make an annual report to the governor according to
subsection (c).
(12) Develop, collect, and maintain information concerning
offenders, sentencing practices, and correctional treatment as the
commissioner considers useful in penological research or in
developing programs.
(13) Cooperate with and encourage public and private agencies
and other persons in the development and improvement of
correctional facilities, programs, and services.
(14) Explain correctional programs and services to the public.
(15) As required under 52 U.S.C. 21083, provide information to
the election division to coordinate the computerized list of voters
maintained under IC 3-7-26.3 with department records concerning
individuals disfranchised under IC 3-7-46.
(16) Make an annual report to the legislative council in an
electronic format under IC 5-14-6 before September 1 of each
year.
(b) The commissioner may:
(1) when authorized by law, adopt departmental rules under IC 4-22-2;
(2) delegate powers and duties conferred on the commissioner by
law to a deputy commissioner or commissioners and other
employees of the department;
(3) issue warrants for the return of escaped committed persons (an
employee of the department or any person authorized to execute
warrants may execute a warrant issued for the return of an
escaped person);
(4) appoint personnel to be sworn in as correctional police
officers;
(5) enter into a regional holding facility lease agreement with a
local economic development organization as described under IC 4-20.5-7-22; and
(6) exercise any other power reasonably necessary in discharging
the commissioner's duties and powers.
(c) The annual report of the department shall be transmitted to the
governor by September 1 of each year and must contain:
(1) a description of the operation of the department for the fiscal
year ending June 30;
(2) a description of the facilities and programs of the department;
(3) an evaluation of the adequacy and effectiveness of those
facilities and programs considering the number and needs of
committed persons or other persons receiving services; and
(4) any other information required by law.
Recommendations for alteration, expansion, or discontinuance of
facilities or programs, for funding, or for statutory changes may be
included in the annual report.
As added by Acts 1979, P.L.120, SEC.1. Amended by
P.L.209-2003, SEC.200; P.L.246-2005, SEC.91; P.L.77-2009, SEC.3;
P.L.6-2012, SEC.77; P.L.23-2012, SEC.1; P.L.67-2017, SEC.6;
P.L.130-2018, SEC.35; P.L.239-2019, SEC.6; P.L.278-2019, SEC.167;
P.L.156-2020, SEC.51.