§ 35-50-6-5 — Deprivation of credit time

Indiana § 35-50-6-5

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

Text

(a) A person may, with respect to the same
transaction, be deprived of any part of the educational credit or good
time credit the person has earned for any of the following:
(1) A violation of one (1) or more rules of the department of
correction.
(2) If the person is not committed to the department, a violation
of one (1) or more rules of the penal facility in which the person
is imprisoned.
(3) A violation of one (1) or more rules or conditions of a:
(A) community transition program; or
(B) community corrections program.
(4) If a court determines that a civil claim brought by the person
in a state or an administrative court is frivolous, unreasonable, or
groundless.
(5) If the person is a sex or violent offender (as defined in IC 11-8-8-5) and refuses to register before being released from the
department as required under IC 11-8-8-7.
(6) If the person is a sex offender (as defined in IC 11-8-8-4.5)
and refuses to participate in a sex offender treatment program
specifically offered to the sex offender by the department of
correction while the person is serving a period of incarceration
with the department of correction.
However, the violation of a condition of parole or probation may not be
the basis for deprivation, unless the person is confined on home
detention as a condition of probation under IC 35-38-2.5-5. Whenever
a person is deprived of educational credit or good time credit, the
person may also be reassigned to Class II (if the person is not a credit
restricted felon) or Class III, Class C, or Class D.
(b) Before a person may be deprived of educational credit or good
time credit, the person must be granted a hearing to determine the
person's guilt or innocence and, if found guilty, whether deprivation of
earned educational credit or good time credit is an appropriate
disciplinary action for the violation. In connection with the hearing, the
person is entitled to the procedural safeguards listed in section 4 of this
chapter. The person may waive the person's right to the hearing.
(c) Any part of the educational credit or good time credit of which
a person is deprived under this section may be restored.
(d) This subsection applies only to a person on pretrial home
detention. If a person on pretrial home detention violates a condition of
home detention, fails to appear as required, or commits escape (IC 35-44.1-3-4), the person shall be deprived of all accrued time earned
while on pretrial home detention. The person may also be deprived of
educational or good time credit in accordance with this section, if
applicable. Before a person may be deprived of accrued time, the
person must be granted a hearing to determine whether the person
committed the specified violation. In connection with the hearing, the
person is entitled to the procedural safeguards listed in section 4 of this
chapter. The person may waive the person's right to the hearing.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts
1977, P.L.340, SEC.136; Acts 1979, P.L.120, SEC.13; P.L.146-1995,
SEC.6; P.L.90-2000, SEC.23; P.L.140-2006, SEC.39 and
P.L.173-2006, SEC.39; P.L.80-2008, SEC.5; P.L.105-2010, SEC.16;
P.L.158-2013, SEC.671; P.L.168-2014, SEC.124; P.L.74-2015,
SEC.35; P.L.37-2023, SEC.6.