§ 35-50-6-1 — Parole; discharge to community transition program or probation; lifetime parole for sexually violent predators and murderers

Indiana § 35-50-6-1

• Jurisdiction: Indiana
• Art. 50: SENTENCES
• Ch. 6: Release From Imprisonment and Credit Time

Text

(a) Except as provided in subsection (d) or (e),
when a person imprisoned for a felony completes the person's term of
imprisonment, less the credit time the person has earned with respect
to that term, the person shall be:
(1) released on parole for not more than twenty-four (24) months,
as determined by the parole board, unless:
(A) the person is being placed on parole for the first time;
(B) the person is not being placed on parole following a term of
imprisonment that includes a sentence imposed for a crime of
violence (as defined in IC 35-50-1-2);
(C) the person is not a sex offender (as defined in IC 11-8-8-4.5); and
(D) in the six (6) months before being placed on parole, the
person has not violated a rule of the department of correction or
a rule of the penal facility in which the person is imprisoned;
(2) discharged upon a finding by the committing court that the
person was assigned to a community transition program and may
be discharged without the requirement of parole; or
(3) released to the committing court if the sentence included a
period of probation.
A person described in subdivision (1) shall be released on parole for
not more than twelve (12) months, as determined by the parole board.
(b) This subsection does not apply to a person described in
subsection (d), (e), or (f). A person released on parole remains on
parole from the date of release until the person's fixed term expires,
unless the person's parole is revoked or the person is discharged from
that term by the parole board. In any event, if the person's parole is not
revoked, the parole board shall discharge the person after the period set
under subsection (a) or the expiration of the person's fixed term,
whichever is shorter.
(c) A person whose parole is revoked shall be imprisoned for all or
part of the remainder of the person's fixed term. However, the person
shall again be released on parole when the person completes that
remainder, less the credit time the person has earned since the
revocation. The parole board may reinstate the person on parole at any
time after the revocation.
(d) This subsection does not apply to a person who is a sexually
violent predator under IC 35-38-1-7.5. When a sex offender (as defined
in IC 11-8-8-4.5) completes the sex offender's fixed term of
imprisonment, less credit time earned with respect to that term, the sex
offender shall be placed on parole for not more than ten (10) years.
(e) This subsection applies to a person who:
(1) is a sexually violent predator under IC 35-38-1-7.5;
(2) has been convicted of murder (IC 35-42-1-1); or
(3) has been convicted of voluntary manslaughter (IC 35-42-1-3).
When a person described in this subsection completes the person's
fixed term of imprisonment, less credit time earned with respect to that
term, the person shall be placed on parole for the remainder of the
person's life.
(f) This subsection applies to a parolee in another jurisdiction who
is a person described in subsection (e) and whose parole supervision is
transferred to Indiana from another jurisdiction. In accordance with IC 11-13-4-1(2) (Interstate Compact for Out-of-State Probationers and
Parolees) and rules adopted under Article VII (d)(8) of the Interstate
Compact for Adult Offender Supervision (IC 11-13-4.5), a parolee who
is a person described in subsection (e) and whose parole supervision is
transferred to Indiana is subject to the same conditions of parole as a
person described in subsection (e) who was convicted in Indiana,
including:
(1) lifetime parole (as described in subsection (e)); and
(2) the requirement that the person wear a monitoring device (as
described in IC 35-38-2.5-3) that can transmit information
twenty-four (24) hours each day regarding a person's precise
location, if applicable.
(g) If a person being supervised on lifetime parole as described in
subsection (e) is also required to be supervised by a court, a probation
department, a community corrections program, a community transition
program, or another similar program upon the person's release from
imprisonment, the parole board may:
(1) supervise the person while the person is being supervised by
the other supervising agency; or
(2) permit the other supervising agency to exercise all or part of
the parole board's supervisory responsibility during the period in
which the other supervising agency is required to supervise the
person, if supervision by the other supervising agency will be, in
the opinion of the parole board:
(A) at least as stringent; and
(B) at least as effective;
as supervision by the parole board.
(h) The parole board is not required to supervise a person on
lifetime parole during any period in which the person is imprisoned.
However, upon the person's release from imprisonment, the parole
board shall recommence its supervision of a person on lifetime parole.
(i) If a court orders the parole board to place a sexually violent
predator whose sentence does not include a commitment to the
department of correction on lifetime parole under IC 35-38-1-29, the
parole board shall place the sexually violent predator on lifetime parole
and supervise the person in the same manner in which the parole board
supervises a sexually violent predator on lifetime parole whose
sentence includes a commitment to the department of correction.
(j) Time served while confined to a jail or prison does not count
toward time served on parole.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts
1977, P.L.340, SEC.132; Acts 1979, P.L.120, SEC.11; Acts 1981,
P.L.298, SEC.7; P.L.240-1991(ss2), SEC.100; P.L.11-1994, SEC.18;
P.L.273-1999, SEC.215; P.L.90-2000, SEC.20; P.L.238-2001, SEC.22;
P.L.116-2002, SEC.26; P.L.139-2006, SEC.6; P.L.140-2006, SEC.38
and P.L.173-2006, SEC.38; P.L.1-2007, SEC.237; P.L.216-2007,
SEC.51; P.L.105-2010, SEC.15; P.L.20-2023, SEC.1.