CHAPTER 2. COMMITMENT, EVALUATION, AND ASSIGNMENT OF DELINQUENT OFFENDERS
IC 11-10-2
Chapter 2. Commitment, Evaluation, and Assignment of
Delinquent Offenders
IC 11-10-2-1
Application of chapter
Sec. 1. This chapter applies only to delinquent offenders.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-2-2
Commitment or award of guardianship; governing facts
Sec. 2. Except as provided by section 6 of this chapter, the
commitment or award of guardianship of a delinquent offender to the
department is governed by the following:
(1) All commitments are to the department as opposed to a
specific facility. The department shall determine the facility or
program assignment. The initial conveyance of an offender
must be to a place designated by the department.
(2) No offender under twelve (12) years of age or eighteen (18)
years of age or older may be committed to the department.
(3) No offender known to be pregnant may be committed to the
department.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-2-3
Repealed
(Repealed by P.L.146-2008, SEC.808.)
IC 11-10-2-4
Evaluation; information to consider; utilization of reports, or other
information; previous evaluations and information
Sec. 4. (a) A committed offender shall, within a reasonable time,
be evaluated regarding:
(1) his medical, psychological, educational, vocational,
economic and social condition, and history;
(2) the circumstances surrounding his present commitment;
(3) his history of delinquency; and
(4) any additional relevant matters.
(b) In making the evaluation prescribed in subsection (a), the
department may utilize reports of any precommitment physical or
mental examination or other information or records forwarded by the
committing court or other agency, if that information meets the
department's minimum standards for delinquent offender evaluation.
(c) If a committed offender has undergone, within one (1) year
before the date of his commitment, a previous departmental
evaluation under this section, the department may rely on the
previous evaluation and the information used at that time. However,
this subsection does not deprive an offender of the right to a medical
and dental examination under IC 11-10-3.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-2-5
Assignment to facility or program
Sec. 5. (a) Upon completion of the evaluation prescribed in
section 4 of this chapter, the department shall assign the offender to
a facility or program; make an initial education, training,
employment, or other assignment within that facility or program; and
order medical, psychiatric, psychological, or other services it
considers appropriate. In making the assignment, the department
shall, among other relevant information, consider:
(1) the results of the evaluation prescribed in section 4 of this
chapter;
(2) the recommendations of the committing court;
(3) the offender's need for special therapy or programs,
including education, training, or employment available only in
specific facilities or programs;
(4) the degree and type of custodial control necessary for the
protection of the public, staff, other committed offenders, and
the individual being considered;
(5) the likelihood of the offender's reintegration into the
community in which the facility or program is located;
(6) the desirability of keeping the offender in a facility or
program near the area in which he resided before commitment;
(7) the desires of the offender and his parents, guardian, or
custodian;
(8) the current population levels of the facilities or programs
considered appropriate for the offender; and
(9) the probable length of commitment.
(b) If the department determines that a committed offender is
mentally or physically incapacitated to such an extent that proper
custody, care, and control cannot be provided by the department, it
shall make arrangements for placement outside the department.
(c) If an offender is found to be pregnant, the department may
return her to the committing court for further disposition.
(d) Before assigning an offender to a facility or program, the
department shall give him an opportunity to present pertinent
information, discuss with him all aspects of the evaluation and
assignment process, and work with him to determine a fair and
appropriate assignment.
(e) The department shall, by certified mail, return receipt
requested, notify the parent, guardian, custodian, or nearest relative
of any committed offender of his physical location and any change
in that location.
(f) This section does not preclude the temporary assignment of an
offender pending evaluation.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-2-6
Court order for evaluation and determination of proposed
assignment
Sec. 6. A juvenile court may order a juvenile offender who is
before the court for disposition and is subject to commitment to the
department to be temporarily committed to the department, for not
more than fourteen (14) days (excluding Saturdays, Sundays, and
legal holidays) for evaluation and determination of proposed
assignment under sections 4 and 5 of this chapter. The department
shall forward to the court its written findings and recommendations.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-2-7
Evaluation of offender by local governmental unit or other public
or private agency
Sec. 7. This chapter does not preclude a local governmental unit
or other public or private agency from evaluating an offender, before
commitment to the department, as prescribed by sections 4 and 5 of
this chapter, if that service is approved by the commissioner as a
substitute for departmental services.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-2-8
Semiannual review of current assignment of committed offender;
decision
Sec. 8. The department shall, at least semiannually, review in
accord with sections 4 and 5 of this chapter every committed
offender who is not on parole to determine the appropriateness of his
current assignment and to make an assignment decision based upon
that review. Before making an assignment decision, the department
shall interview the offender, discuss with him the information on
which the decision will be based, and allow him to challenge that
information and present pertinent information of his own. The
department shall promptly notify the offender, in writing, of its
assignment decision and the reasons for it.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-2-9
Involuntary segregation of offender; review; disciplinary
segregation
Sec. 9. (a) An offender may be involuntarily segregated from the
general population of a facility or program if the department first
finds that segregation is necessary for the offender's own physical
safety or the physical safety of others.
(b) The department shall review an offender so segregated at least
once every thirty (30) days to determine whether the reason for
segregation still exists.
(c) This section does not apply to disciplinary segregation under
IC 11-11-5.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-2-10
Transfer to adult facility or program; requirements; custody
Sec. 10. (a) The commissioner may transfer a committed
delinquent offender to an adult facility or program according to the
following requirements:
(1) The offender must be seventeen (17) years of age or older
at the time of transfer.
(2) The department must determine that:
(A) either the offender is incorrigible to the degree that his
presence at a facility or program for delinquent offenders is
seriously detrimental to the welfare of other offenders, or the
transfer is necessary for the offender's own physical safety
or the physical safety of others; and
(B) there is no other action reasonably available to alleviate
the problem.
(3) No offender may be transferred to the Indiana state prison
or the Pendleton Correctional Facility.
(b) The offender is under the full custody of the adult facility or
program to which he is transferred until he is returned to a facility or
program for delinquent offenders, except that his parole or discharge
from the department shall be determined under IC 11-13-6.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.12-1996,
SEC.9.