CHAPTER 6. RELEASE FROM IMPRISONMENT AND CREDIT TIME
IC 35-50-6
Chapter 6. Release From Imprisonment and Credit Time
IC 35-50-6-1
Parole; discharge to community transition program or probation;
lifetime parole for sexually violent predators and murderers
Sec. 1. (a) Except as provided in subsection (d) or (e), when a
person imprisoned for a felony completes the person's fixed term of
imprisonment, less the credit time the person has earned with respect
to that term, the person shall be:
(1) released on parole for not more than twenty-four (24)
months, as determined by the parole board, unless:
(A) the person is being placed on parole for the first time;
(B) the person is not being placed on parole for a conviction
for a crime of violence (as defined in IC 35-50-1-2);
(C) the person is not a sex offender (as defined in
IC 11-8-8-4.5); and
(D) in the six (6) months before being placed on parole, the
person has not violated a rule of the department of correction
or a rule of the penal facility in which the person is
imprisoned;
(2) discharged upon a finding by the committing court that the
person was assigned to a community transition program and
may be discharged without the requirement of parole; or
(3) released to the committing court if the sentence included a
period of probation.
A person described in subdivision (1) shall be released on parole for
not more than twelve (12) months, as determined by the parole
board.
(b) This subsection does not apply to a person described in
subsection (d), (e), or (f). A person released on parole remains on
parole from the date of release until the person's fixed term expires,
unless the person's parole is revoked or the person is discharged from
that term by the parole board. In any event, if the person's parole is
not revoked, the parole board shall discharge the person after the
period set under subsection (a) or the expiration of the person's fixed
term, whichever is shorter.
(c) A person whose parole is revoked shall be imprisoned for all
or part of the remainder of the person's fixed term. However, the
person shall again be released on parole when the person completes
that remainder, less the credit time the person has earned since the
revocation. The parole board may reinstate the person on parole at
any time after the revocation.
(d) This subsection does not apply to a person who is a sexually
violent predator under IC 35-38-1-7.5. When a sex offender (as
defined in IC 11-8-8-4.5) completes the sex offender's fixed term of
imprisonment, less credit time earned with respect to that term, the
sex offender shall be placed on parole for not more than ten (10)
years.
(e) This subsection applies to a person who:
(1) is a sexually violent predator under IC 35-38-1-7.5;
(2) has been convicted of murder (IC 35-42-1-1); or
(3) has been convicted of voluntary manslaughter (IC
35-42-1-3).
When a person described in this subsection completes the person's
fixed term of imprisonment, less credit time earned with respect to
that term, the person shall be placed on parole for the remainder of
the person's life.
(f) This subsection applies to a parolee in another jurisdiction who
is a person described in subsection (e) and whose parole supervision
is transferred to Indiana from another jurisdiction. In accordance
with IC 11-13-4-1(2) (Interstate Compact for Out-of-State
Probationers and Parolees) and rules adopted under Article VII (d)(8)
of the Interstate Compact for Adult Offender Supervision (IC
11-13-4.5), a parolee who is a person described in subsection (e) and
whose parole supervision is transferred to Indiana is subject to the
same conditions of parole as a person described in subsection (e)
who was convicted in Indiana, including:
(1) lifetime parole (as described in subsection (e)); and
(2) the requirement that the person wear a monitoring device (as
described in IC 35-38-2.5-3) that can transmit information
twenty-four (24) hours each day regarding a person's precise
location, if applicable.
(g) If a person being supervised on lifetime parole as described in
subsection (e) is also required to be supervised by a court, a
probation department, a community corrections program, a
community transition program, or another similar program upon the
person's release from imprisonment, the parole board may:
(1) supervise the person while the person is being supervised by
the other supervising agency; or
(2) permit the other supervising agency to exercise all or part of
the parole board's supervisory responsibility during the period
in which the other supervising agency is required to supervise
the person, if supervision by the other supervising agency will
be, in the opinion of the parole board:
(A) at least as stringent; and
(B) at least as effective;
as supervision by the parole board.
(h) The parole board is not required to supervise a person on
lifetime parole during any period in which the person is imprisoned.
However, upon the person's release from imprisonment, the parole
board shall recommence its supervision of a person on lifetime
parole.
(i) If a court orders the parole board to place a sexually violent
predator whose sentence does not include a commitment to the
department of correction on lifetime parole under IC 35-38-1-29, the
parole board shall place the sexually violent predator on lifetime
parole and supervise the person in the same manner in which the
parole board supervises a sexually violent predator on lifetime parole
whose sentence includes a commitment to the department of
correction.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977,
P.L.340, SEC.132; Acts 1979, P.L.120, SEC.11; Acts 1981, P.L.298,
SEC.7; P.L.240-1991(ss2), SEC.100; P.L.11-1994, SEC.18;
P.L.273-1999, SEC.215; P.L.90-2000, SEC.20; P.L.238-2001,
SEC.22; P.L.116-2002, SEC.26; P.L.139-2006, SEC.6;
P.L.140-2006, SEC.38 and P.L.173-2006, SEC.38; P.L.1-2007,
SEC.237; P.L.216-2007, SEC.51; P.L.105-2010, SEC.15.
IC 35-50-6-2
Discharge from imprisonment for a misdemeanor
Sec. 2. A person imprisoned for a misdemeanor shall be
discharged when he completes his fixed term of imprisonment, less
the credit time he has earned with respect to that term.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977,
P.L.340, SEC.133.
IC 35-50-6-3
Credit time classes
Sec. 3. (a) A person assigned to Class I earns one (1) day of credit
time for each day the person is imprisoned for a crime or confined
awaiting trial or sentencing.
(b) A person assigned to Class II earns one (1) day of credit time
for every two (2) days the person is imprisoned for a crime or
confined awaiting trial or sentencing.
(c) A person assigned to Class III earns no credit time.
(d) A person assigned to Class IV earns one (1) day of credit time
for every six (6) days the person is imprisoned for a crime or
confined awaiting trial or sentencing.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977,
P.L.340, SEC.134; P.L.80-2008, SEC.2.
IC 35-50-6-3.3
Credit time for successful completion of educational degree or
certificate
Sec. 3.3. (a) In addition to any credit time a person earns under
subsection (b) or section 3 of this chapter, a person earns credit time
if the person:
(1) is in credit Class I;
(2) has demonstrated a pattern consistent with rehabilitation;
and
(3) successfully completes requirements to obtain one (1) of the
following:
(A) A general educational development (GED) diploma
under IC 20-20-6, if the person has not previously obtained
a high school diploma.
(B) A high school diploma, if the person has not previously
obtained a general educational development (GED) diploma.
(C) An associate's degree from an approved postsecondary
educational institution (as defined under IC 21-7-13-6(a)).
(D) A bachelor's degree from an approved postsecondary
educational institution (as defined under IC 21-7-13-6(a)).
(b) In addition to any credit time that a person earns under
subsection (a) or section 3 of this chapter, a person may earn credit
time if, while confined by the department of correction, the person:
(1) is in credit Class I;
(2) demonstrates a pattern consistent with rehabilitation; and
(3) successfully completes requirements to obtain at least one
(1) of the following:
(A) A certificate of completion of a career and technical
education program approved by the department of
correction.
(B) A certificate of completion of a substance abuse program
approved by the department of correction.
(C) A certificate of completion of a literacy and basic life
skills program approved by the department of correction.
(D) A certificate of completion of a reformative program
approved by the department of correction.
(c) The department of correction shall establish admissions
criteria and other requirements for programs available for earning
credit time under subsection (b). A person may not earn credit time
under both subsections (a) and (b) for the same program of study.
(d) The amount of credit time a person may earn under this
section is the following:
(1) Six (6) months for completion of a state of Indiana general
educational development (GED) diploma under IC 20-20-6.
(2) One (1) year for graduation from high school.
(3) One (1) year for completion of an associate's degree.
(4) Two (2) years for completion of a bachelor's degree.
(5) Not more than a total of six (6) months of credit, as
determined by the department of correction, for the completion
of one (1) or more career and technical education programs
approved by the department of correction.
(6) Not more than a total of six (6) months of credit, as
determined by the department of correction, for the completion
of one (1) or more substance abuse programs approved by the
department of correction.
(7) Not more than a total of six (6) months credit, as determined
by the department of correction, for the completion of one (1)
or more literacy and basic life skills programs approved by the
department of correction.
(8) Not more than a total of six (6) months credit time, as
determined by the department of correction, for completion of
one (1) or more reformative programs approved by the
department of correction. However, a person who is serving a
sentence for an offense listed under IC 11-8-8-4.5 may not earn
credit time under this subdivision.
However, a person who does not have a substance abuse problem
that qualifies the person to earn credit in a substance abuse program
may earn not more than a total of twelve (12) months of credit, as
determined by the department of correction, for the completion of
one (1) or more career and technical education programs approved
by the department of correction. If a person earns more than six (6)
months of credit for the completion of one (1) or more career and
technical education programs, the person is ineligible to earn credit
for the completion of one (1) or more substance abuse programs.
(e) Credit time earned by a person under this section is subtracted
from the release date that would otherwise apply to the person after
subtracting all other credit time earned by the person.
(f) A person does not earn credit time under subsection (a) unless
the person completes at least a portion of the degree requirements
after June 30, 1993.
(g) A person does not earn credit time under subsection (b) unless
the person completes at least a portion of the program requirements
after June 30, 1999.
(h) Credit time earned by a person under subsection (a) for a
diploma or degree completed before July 1, 1999, shall be subtracted
from:
(1) the release date that would otherwise apply to the person
after subtracting all other credit time earned by the person, if
the person has not been convicted of an offense described in
subdivision (2); or
(2) the period of imprisonment imposed on the person by the
sentencing court, if the person has been convicted of one (1) of
the following crimes:
(A) Rape (IC 35-42-4-1).
(B) Criminal deviate conduct (IC 35-42-4-2).
(C) Child molesting (IC 35-42-4-3).
(D) Child exploitation (IC 35-42-4-4(b)).
(E) Vicarious sexual gratification (IC 35-42-4-5).
(F) Child solicitation (IC 35-42-4-6).
(G) Child seduction (IC 35-42-4-7).
(H) Sexual misconduct with a minor as a Class A felony,
Class B felony, or Class C felony (IC 35-42-4-9).
(I) Incest (IC 35-46-1-3).
(J) Sexual battery (IC 35-42-4-8).
(K) Kidnapping (IC 35-42-3-2), if the victim is less than
eighteen (18) years of age.
(L) Criminal confinement (IC 35-42-3-3), if the victim is less
than eighteen (18) years of age.
(M) An attempt or a conspiracy to commit a crime listed in
clauses (A) through (L).
(i) The maximum amount of credit time a person may earn under
this section is the lesser of:
(1) four (4) years; or
(2) one-third (1/3) of the person's total applicable credit time.
(j) The amount of credit time earned under this section is reduced
to the extent that application of the credit time would otherwise
result in:
(1) postconviction release (as defined in IC 35-40-4-6); or
(2) assignment of the person to a community transition
program;
in less than forty-five (45) days after the person earns the credit time.
(k) A person may earn credit time for multiple degrees at the same
education level under subsection (d) only in accordance with
guidelines approved by the department of correction. The department
of correction may approve guidelines for proper sequence of
education degrees under subsection (d).
(l) A person may not earn credit time:
(1) for a general educational development (GED) diploma if the
person has previously earned a high school diploma; or
(2) for a high school diploma if the person has previously
earned a general educational development (GED) diploma.
(m) A person may not earn credit time under this section if the
person:
(1) commits an offense listed in IC 11-8-8-4.5 while the person
is required to register as a sex or violent offender under
IC 11-8-8-7; and
(2) is committed to the department of correction after being
convicted of the offense listed in IC 11-8-8-4.5.
As added by P.L.243-1993, SEC.2. Amended by P.L.149-1995,
SEC.17; P.L.148-1995, SEC.7; P.L.183-1999, SEC.3; P.L.243-1999,
SEC.3; P.L.14-2000, SEC.78; P.L.90-2000, SEC.21; P.L.164-2003,
SEC.1; P.L.1-2005, SEC.229; P.L.2-2007, SEC.380; P.L.234-2007,
SEC.171; P.L.80-2008, SEC.3; P.L.42-2010, SEC.2.
IC 35-50-6-4
Credit time assignments
Sec. 4. (a) A person who is not a credit restricted felon and who
is imprisoned for a crime or imprisoned awaiting trial or sentencing
is initially assigned to Class I.
(b) 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 IV. A credit restricted felon may not be
assigned to Class I or Class II.
(c) A person who is not assigned to Class IV may be reassigned
to Class II or 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
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.
(d) A person who is assigned to Class IV may be reassigned 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, 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) In connection with the hearing granted under subsection (c) or
(d), 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 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.
(f) A person may be reassigned from Class III to Class I, Class II,
or Class IV, or from Class II to Class I. A person's assignment to
Class III or Class II 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.
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.
IC 35-50-6-5
Deprivation of credit time
Sec. 5. (a) A person may, with respect to the same transaction, be
deprived of any part of the credit time 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 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 11-8-8-5)
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. Whenever a person is deprived of credit
time, the person may also be reassigned to Class II (if the person is
not a credit restricted felon) or Class III.
(b) Before a person may be deprived of earned credit time, the
person must be granted a hearing to determine the person's guilt or
innocence and, if found guilty, whether deprivation of earned credit
time 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(e) of this chapter. The person may
waive the person's right to the hearing.
(c) Any part of the credit time of which a person is deprived under
this section may be restored.
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.
IC 35-50-6-5.5
Credit time appeals
Sec. 5.5. A person who has been reassigned to a lower credit time
class or has been deprived of earned credit time may appeal the
decision to the commissioner of the department of correction or the
sheriff.
As added by Acts 1979, P.L.120, SEC.14. Amended by P.L.204-1986,
SEC.3.
IC 35-50-6-6
Degree of security, parole, or probation; imprisonment upon
revocation of parole; days spent on parole outside institution
Sec. 6. (a) A person imprisoned for a crime earns credit time
irrespective of the degree of security to which he is assigned. Except
as set forth under IC 35-38-2.5.-5, a person does not earn credit time
while on parole or probation.
(b) A person imprisoned upon revocation of parole is initially
assigned to the same credit time class to which he was assigned at the
time he was released on parole.
(c) A person who, upon revocation of parole, is imprisoned on an
intermittent basis does not earn credit time for the days he spends on
parole outside the institution.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977,
P.L.340, SEC.137; Acts 1979, P.L.120, SEC.15; P.L.166-2001,
SEC.4.
IC 35-50-6-7
Charge of new crime or violation of rule while confined; effect on
credit time; assignment to Class III
Sec. 7. (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.
As added by P.L.338-1983, SEC.1.
IC 35-50-6-8
Person serving sentence of life imprisonment without parole does
not earn credit time
Sec. 8. A person serving a sentence of life imprisonment without
parole does not earn credit time under this chapter.
As added by P.L.53-2005, SEC.3.