Sec. 2. (a) Not earlier than sixty (60) days and not later than forty-five (45) days before an offender's community transition program commencement date, the department shall give written notice of the offender's eligibility for a community transition program to each court that sentenced the offender for a period of imprisonment that the offender is still actively serving. The notice must include the following information:
(1) The person's name.
(2) A description of the offenses for which the person was committed to the department.
(3) The person's expected release date.
(4) The person's community transition program commencement date designated by the department.
(5) The person's current security and credit time classifications.
(6) A report summarizing the person's conduct while committed to the department.
(7) Any other information that the department determines would assist the sentencing court in determining whether to issue an order under IC 35-38-1-24 or IC 35-38-1-25.
(b) If the offender's expected release date changes as the result of the loss of educational credit or good time credit after notice is sent to each court under this section, the offender may become ineligible for a community transition program.
(c) If the offender's expected release date changes as the result of the gain of educational credit or good time credit after notice is sent to each court under this section, the offender may be assigned to a community transition program if the department determines that:
(1) a sufficient amount of time exists to allow a court under IC 35-38-1-24 or IC 35-38-1-25 to consider a written statement described in section 4.5 of this chapter; and
(2) an offender will have at least thirty (30) days remaining on the offender's sentence after the court's consideration of a written statement under subdivision (1), calculated as follows:
(A) Beginning on the date the department will assign the offender to a minimum security classification and place the offender in a community transition program.
(B) Ending with the recalculated expected release date.
(d) The department shall notify each court whenever the department finds that an offender is ineligible for the program because of a change in the person's educational credit or good time credit.
As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000, SEC.4; P.L.85-2004, SEC.32; P.L.74-2015, SEC.6.
Structure Indiana Code
Article 10. Correctional Services and Programs
Chapter 11.5. Assignment to Community Transition Program
11-10-11.5-1. Applicability of Chapter
11-10-11.5-2. Notice of Offender's Eligibility for Program
11-10-11.5-3. Provision of Other Information
11-10-11.5-3.5. Nonresident's Ineligibility for Program
11-10-11.5-3.6. Sentences by Multiple Courts
11-10-11.5-4. Copy of Notice Sent to Prosecuting Attorney
11-10-11.5-4.5. Offender's and Victim's Rights to Submit Written Statement
11-10-11.5-5. Commencement Date; Level 5 or Level 6 Felony
11-10-11.5-6. Commencement Date; Order Under Ic 35-38-1-25
11-10-11.5-7. Transportation of Offender to Sheriff or Other Person
11-10-11.5-8. Transfer of Offender to Intake Person; Disciplinary Action
11-10-11.5-9. Duration of Assignment to Program
11-10-11.5-10. Good Time Credit
11-10-11.5-11. Rules and Conditions
11-10-11.5-11.5. Community Transition Required; Request for Delay; Disciplinary Action