CHAPTER 8. MINIMUM SECURITY RELEASE PROGRAM FOR CRIMINAL OFFENDERS AND OFFENDER EARNINGS
IC 11-10-8
Chapter 8. Minimum Security Release Program for Criminal
Offenders and Offender Earnings
IC 11-10-8-1
Application of chapter
Sec. 1. This chapter applies only to criminal offenders.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-8-2
Establishment of programs; violent crime offenders
Sec. 2. (a) Except as provided in subsection (b), the department
shall establish a minimum security release program in which eligible
committed offenders may be temporarily released from custody to:
(1) work;
(2) conduct a business or other self-employed occupation,
including housekeeping or attending to family needs;
(3) attend an academic or vocational training institution or
program;
(4) obtain medical, psychiatric, or psychological treatment,
including treatment for drug addiction or alcoholism; or
(5) accomplish other purposes consistent with programs of the
department.
(b) An offender convicted of:
(1) a violent crime (as defined in IC 5-2-6.1-8); or
(2) a sex offense under IC 35-42-4 or IC 35-46-1-3;
is not eligible to participate in a minimum security assignment that
constitutes an assignment of the offender to a program requiring
weekly reporting to a designated official.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.136-1989,
SEC.2; P.L.2-1992, SEC.110; P.L.47-1993, SEC.5; P.L.144-1995,
SEC.1.
IC 11-10-8-3
Assignment to program; requirements
Sec. 3. (a) Before an offender may be assigned to a minimum
security release program:
(1) the offender must be assigned to a minimum security
classification in accord with IC 35-38-3 (any change in the
degree of security, from minimum to a higher degree, whether
the change occurs before or after assignment to a release
program, renders the offender ineligible for participation in the
release program, and the department shall take appropriate
action for the offender's immediate removal from the release
program and reassignment to a facility or program consistent
with the offender's degree of security assignment); and
(2) the department must find that:
(A) the offender is likely to respond affirmatively to the
program;
(B) it is reasonably unlikely that the offender will commit
another crime while assigned to the program; and
(C) the offender demonstrates reading and writing skills that
meet minimum literacy standards:
(i) developed by the department; and
(ii) established under rules adopted by the department
under IC 4-22-2.
(b) The minimum literacy standards adopted by the department
under subsection (a)(2)(C) must provide that an offender is exempt
from those standards if the department determines that:
(1) the offender is unable to meet the minimum literacy
standards as a result of a disability; or
(2) the length of the offender's sentence prevents the offender
from achieving the minimum literacy standards before the
expiration of the offender's sentence.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.150-1987,
SEC.1; P.L.23-1993, SEC.34; P.L.1-2005, SEC.124; P.L.1-2007,
SEC.101.
IC 11-10-8-4
Contracts for confinement of offenders
Sec. 4. The department may enter into contracts with appropriate
city, county, state, or federal authorities for the confinement of, and
provision of other correctional services to, offenders; and the city,
county, and state authorities may enter into such contracts. If the
department determines that an offender participating in a minimum
security release program does not require the security of a public
detention facility, it may contract with other public or private
agencies for his custody and care.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-8-5
Directives; establishment
Sec. 5. (a) The department shall establish directives governing:
(1) eligibility and selection of prospective employers for
participation in the work release program;
(2) eligibility and selection of institutions and programs for
participation in the study release program;
(3) eligibility and selection of hospitals, clinics, or other
agencies or individuals for participation in the medical release
program;
(4) the procedure by which an offender may apply for
participation in a minimum security release program;
(5) custody of an offender during the time he is not actively
engaged in the activity to which he is assigned;
(6) conduct of an offender participating in a minimum security
release program, including sanctions for violation of rules of
conduct;
(7) accounting procedures for the disposition of a participating
offender's earnings;
(8) an offender's voluntary or involuntary removal from a
minimum security release program;
(9) departmental assistance in obtaining medical treatment or
suitable employment, academic, or vocational training in the
programs authorized by this chapter; and
(10) any additional matters concerning the general
administration of programs authorized by this chapter.
(b) For purposes of IC 4-22-2, the term "directive" as used in this
section relates solely to internal policy and procedure not having the
force of law.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-8-6
Earnings of offender; distribution
Sec. 6. (a) The earnings of an offender employed in a work release
program under this chapter, less payroll deductions required by law
and court ordered deductions for satisfaction of a judgment against
the offender, shall be surrendered to the department or its designated
representative. The remaining earnings shall be distributed in the
following order:
(1) State and federal income taxes and Social Security
deductions not otherwise withheld.
(2) The cost of membership in an employee organization.
(3) Ten percent (10%) of the offender's gross earnings, to be
deposited in the violent crime victims compensation fund
established by IC 5-2-6.1-40.
(4) Not less than fifteen percent (15%) of the offender's gross
earnings, if that amount of the gross is available after the above
deductions, to be given to the offender or retained by the
department. If retained by the department, the amount, with
accrued interest, must be returned to the offender not later than
at the time of the offender's release on parole or discharge.
(5) The expense of room and board, as fixed by the department
and the budget agency, in facilities operated by the department,
or, if the offender is housed in a facility not operated by the
department, the amount paid by the department to the operator
of the facility or other appropriate authority for room and board
and other incidentals as established by agreement between the
department and the appropriate authority.
(6) Transportation cost to and from work, and other work
related incidental expenses.
(7) Court ordered costs or fines imposed as a result of
conviction of an offense under Indiana law, unless the costs or
fines are being paid through other means.
(8) If an offender is eligible for an offender reentry
administrative account under IC 11-10-15, at least ten percent
(10%) and not more than twenty percent (20%) of the offender's
gross earnings, to be deposited in the offender's reentry
administrative account.
(b) After the amounts prescribed in subsection (a) are deducted,
the department may, out of the remaining amount:
(1) when directed by the offender or ordered by the court, pay
for the support of the offender's dependents (if the offender's
dependents are receiving welfare assistance, the appropriate
county office of the division of family resources or welfare
department in another state shall be notified of these
disbursements); and
(2) with the consent of the offender, pay to the offender's
victims or others any unpaid obligations of the offender.
(c) Any remaining amount shall be given to the offender or
retained by the department in accord with subsection (a)(4).
(d) The department may, when special circumstances warrant or
for just cause, waive the collection of room and board charges by or
on behalf of a facility operated by the department or, if the offender
is housed in a facility not operated by the department, authorize
payment of room and board charges from other available funds.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.2-1992,
SEC.111; P.L.4-1993, SEC.14; P.L.5-1993, SEC.27; P.L.47-1993,
SEC.6; P.L.1-1994, SEC.44; P.L.146-2008, SEC.370; P.L.44-2009,
SEC.6; P.L.104-2009, SEC.3.
IC 11-10-8-6.5
Work release_study release subsistence special revenue fund
Sec. 6.5. (a) There is created the work release-study release
subsistence special revenue fund to be used for:
(1) construction of new work release or study release facilities;
(2) maintenance of work release or study release facilities;
(3) general operating costs of the work release or study release
programs, including offender services;
(4) providing programs or services established under
IC 11-13-8; or
(5) the matching of federal funds for use in the work release or
study release programs.
(b) Money collected under section 6(a)(5) of this chapter shall be
deposited in the fund not later than the fifteenth day of the month
following the month in which it was received.
(c) Earnings on the money deposited in the fund shall be
deposited in the fund.
(d) The commissioner shall submit a proposed budget for
expenditure of the money in the fund to the state budget agency for
approval in accord with IC 4-12-1.
(e) If the fund is abolished, its contents revert to the state general
fund.
(f) Money in the fund is continuously appropriated for the
purposes provided under this article.
As added by Acts 1980, P.L.88, SEC.2. Amended by
P.L.240-1991(ss2), SEC.55.
IC 11-10-8-7
Supervision over conditions of employment
Sec. 7. The department of labor shall exercise the same
supervision over conditions of employment for offenders under this
chapter as the department of labor does over conditions of
employment for persons who are not committed.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.37-1985,
SEC.3.
IC 11-10-8-8
Status of offender while going to or from employment
Sec. 8. An offender employed under this chapter by an employer
other than the department is not an agent, employee, or involuntary
servant of the department while working or going to or from the
employment.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-8-9
Notice to victim before assignment of offender to work release
program
Sec. 9. Before the department may assign an offender to a work
release program, the department must notify any victim of the
offender's crime of the right to submit a written statement to:
(1) a sentencing court in accordance with IC 11-10-11.5-4.5, if
the offender is under consideration for assignment to a
community transition program; and
(2) the department, if the offender is under consideration for
assignment to any other work release program.
If the name or address of a victim of the offender's crime changes
after the offender is sentenced for the offense, and the offender's
sentence may result in the offender's assignment to the work release
program, the victim is responsible for notifying the department of the
name or address change.
As added by P.L.90-2000, SEC.2.