§ 35-50-6-7 — Charge of new crime or violation of rule while confined; effect on credit time; assignment to Class III

Indiana § 35-50-6-7

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

Text

(a) A person under the control of a county
detention facility or the department of correction who:
(1) has been charged with a new crime while confined; or
(2) has allegedly violated a rule of the department or county
facility;
may be immediately assigned to Class III and may have all earned
credit time suspended pending disposition of the allegation.
(b) A person assigned to Class III under subsection (a) shall be
denied release on parole or discharge until:
(1) he is in the actual custody of the department or the county
detention facility to which he was sentenced; and
(2) he is granted a hearing concerning the allegations.
The department or sheriff may waive the hearing if the person is
restored to his former credit time class and receives all previously
earned credit time and any credit time that he would have earned if he
had not been assigned to Class III.
(c) A person who is assigned to Class III under subsection (a) and
later found not guilty of the alleged misconduct shall have all earned
credit time restored and shall be reassigned to the same credit time
class that he was in before his assignment to Class III. In addition, the
person shall be credited with any credit time that he would have earned
if he had not been assigned to Class III.

Legislative History

As added by P.L.338-1983, SEC.1.