§ 35-50-6-4 — Credit time assignments

(a) A person:
(1) who is not a credit restricted felon; and
(2) who is imprisoned for a Level 6 felony or a misdemeanor or
imprisoned awaiting trial or sentencing for a Level 6 felony or
misdemeanor;
is initially assigned to Class A.
(b) A person:
(1) who is not a credit restricted felon; and
(2) who is imprisoned for a crime other than a Level 6 felony or
misdemeanor or imprisoned awaiting trial or sentencing for a
crime other than a Level 6 felony or misdemeanor;
is initially assigned to Class B.
(c) A person who is a credit restricted felon and who is imprisoned
for a crime or imprisoned awaiting trial or sentencing is initially
assigned to Class C. A credit restricted felon may not be assigned to
Class A or Class B.
(d) A person who is not a credit restricted felon may be reassigned
to Class C or Class D if the person violates any of the following:
(1) A rule of the department of correction.
(2) A rule of the penal facility in which the person is imprisoned.
(3) A rule or condition of a community transition program.
However, a violation of a condition of parole or probation may not be
the basis for reassignment. Before a person may be reassigned to a
lower credit time class, the person must be granted a hearing to
determine the person's guilt or innocence and, if found guilty, whether
reassignment is an appropriate disciplinary action for the violation. The
person may waive the right to the hearing.
(e) A person who is a credit restricted felon may be reassigned to
Class D and a person who is assigned to Class IV may be assigned to
Class III if the person violates any of the following:
(1) A rule of the department of correction.
(2) A rule of the penal facility in which the person is imprisoned.
(3) A rule or condition of a community transition program.
However, a violation of a condition of parole or probation may not be
the basis for reassignment. Before a person may be reassigned to Class
III or Class D, the person must be granted a hearing to determine the
person's guilt or innocence and, if found guilty, whether reassignment
is an appropriate disciplinary action for the violation. The person may
waive the right to the hearing.
(f) In connection with the hearing granted under subsection (d) or
(e), the person is entitled to:
(1) have not less than twenty-four (24) hours advance written
notice of the date, time, and place of the hearing, and of the
alleged misconduct and the rule the alleged misconduct is alleged
to have violated;
(2) have reasonable time to prepare for the hearing;
(3) have an impartial decisionmaker;
(4) appear and speak in the person's own behalf;
(5) call witnesses and present evidence;
(6) confront and cross-examine each witness, unless the hearing
authority finds that to do so would subject a witness to a
substantial risk of harm;
(7) have the assistance of a lay advocate (the department may
require that the advocate be an employee of, or a fellow prisoner
in, the same facility or program);
(8) have a written statement of the findings of fact, the evidence
relied upon, and the reasons for the action taken;
(9) have immunity if the person's testimony or any evidence
derived from the person's testimony is used in any criminal
proceedings; and
(10) have the person's record expunged of any reference to the
charge if the person is found not guilty or if a finding of guilt is
later overturned.
Any finding of guilt must be supported by a preponderance of the
evidence presented at the hearing.
(g) Except for a credit restricted felon, a person may be reassigned
from:
(1) Class III to Class I, Class II or Class IV;
(2) Class II to Class I;
(3) Class D to Class A, Class B, or Class C;
(4) Class C to Class A or Class B.
A person's assignment to Class III, Class II, Class C, or Class D shall
be reviewed at least once every six (6) months to determine if the
person should be reassigned to a higher credit time class. A credit
restricted felon may not be reassigned to Class I or Class II or to Class
A, Class B, or Class C.
(h) This subsection applies only to a person imprisoned awaiting
trial. A person imprisoned awaiting trial is initially assigned to a credit
class based on the most serious offense with which the person is
charged. If all the offenses of which a person is convicted have a higher
credit time class than the most serious offense with which the person
is charged, the person earns credit time for the time imprisoned
awaiting trial at the credit time class of the most serious offense of
which the person was convicted. However, this section does not apply
to any period during which the person is reassigned to a lower credit
time class for a disciplinary violation.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts
1977, P.L.340, SEC.135; Acts 1979, P.L.120, SEC.12; P.L.90-2000,
SEC.22; P.L.80-2008, SEC.4; P.L.158-2013, SEC.670; P.L.168-2014,
SEC.123; P.L.44-2016, SEC.10; P.L.37-2023, SEC.5.