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IC 11-13-3-0.1
Application of certain amendments to chapter
Sec. 0.1. The amendments made to section 3 of this chapter by
P.L.172-2001 apply to all parole determinations made after June 30,
2001, including a determination after June 30, 2001, to reconsider
the release of an offender on parole whose parole was revoked before
July 1, 2001.
As added by P.L.220-2011, SEC.249.
IC 11-13-3-1
Application of chapter
Sec. 1. This chapter applies only to criminal offenders.
As added by Acts 1979, P.L.120, SEC.6.
IC 11-13-3-2
Release on parole and discharge; IC 35-50 offenders; eligibility for
offenders under other laws; reinstatement after revocation of
parole
Sec. 2. (a) Release on parole and discharge of an offender
sentenced for an offense under IC 35-50 shall be determined under
IC 35-50-6.
(b) Parole and discharge eligibility for offenders sentenced for
offenses under laws other than IC 35-50 is as follows:
(1) A person sentenced upon conviction of a felony to an
indeterminate term of imprisonment is eligible for consideration
for release on parole upon completion of his minimum term of
imprisonment, less the credit time he has earned with respect to
that term.
(2) A person sentenced upon conviction of a felony to a
determinate term of imprisonment is eligible for consideration
for release on parole upon completion of one-half (1/2) of his
determinate term of imprisonment or at the expiration of twenty
(20) years, whichever comes first, less the credit time he has
earned with respect to that term.
(3) A person sentenced upon conviction of first degree murder
or second degree murder to a term of life imprisonment is
eligible for consideration for release on parole upon completion
of twenty (20) years of time served on the sentence. A person
sentenced upon conviction of a felony other than first degree
murder or second degree murder to a term of life imprisonment
is eligible for consideration for release on parole upon
completion of fifteen (15) years of time served on the sentence.
A person sentenced upon conviction of more than one (1)
felony to more than one (1) term of life imprisonment is not
eligible for consideration for release on parole under this
section. A person sentenced to a term of life imprisonment does
not earn credit time with respect to that term.
IC 11-13-3-3
Release on parole or discharge; reinstatement; hearing;
investigations; notice to victims and witnesses; criteria; conduct of
hearing; denial of parole; parole of persons imprisoned out of state
Sec. 3. (a) A person sentenced under IC 35-50 shall be released on
parole or discharged from the person's term of imprisonment under
IC 35-50 without a parole release hearing.
(b) A person sentenced for an offense under laws other than
IC 35-50 who is eligible for release on parole, or a person whose
parole is revoked and is eligible for reinstatement on parole under
rules adopted by the parole board shall, before the date of the
person's parole eligibility, be granted a parole release hearing to
determine whether parole will be granted or denied. The hearing
shall be conducted by one (1) or more of the parole board members.
If one (1) or more of the members conduct the hearing on behalf of
the parole board, the final decision shall be rendered by the full
parole board based upon the record of the proceeding and the hearing
conductor's findings. Before the hearing, the parole board shall order
an investigation to include the collection and consideration of:
(1) reports regarding the person's medical, psychological,
educational, vocational, employment, economic, and social
condition and history;
(2) official reports of the person's history of criminality;
(3) reports of earlier parole or probation experiences;
(4) reports concerning the person's present commitment that are
relevant to the parole release determination;
(5) any relevant information submitted by or on behalf of the
person being considered; and
(6) such other relevant information concerning the person as
may be reasonably available.
(c) Unless the victim has requested in writing not to be notified,
the department shall notify a victim of a felony (or the next of kin of
the victim if the felony resulted in the death of the victim) or any
witness involved in the prosecution of an offender imprisoned for the
commission of a felony when the offender is:
(1) to be discharged from imprisonment;
(2) to be released on parole under IC 35-50-6-1;
(3) to have a parole release hearing under this chapter;
(4) to have a parole violation hearing;
imprisonment with a minimum term of at least ten (10) years, in
addition to the investigation required under subsection (b), except as
provided in subsection (n), the board may order and consider a
community investigation, which may include an investigation and
report that substantially reflects the attitudes and opinions of:
(1) the community in which the crime committed by the
offender occurred;
(2) law enforcement officers who have jurisdiction in the
community in which the crime occurred;
(3) the victim of the crime committed by the offender, or if the
victim is deceased or incompetent for any reason, the victim's
relatives or friends; and
(4) friends or relatives of the offender.
If the board reconsiders for release on parole an offender who was
previously released on parole and whose parole was revoked under
section 10 of this chapter, the board may use a community
investigation prepared for an earlier parole hearing to comply with
this subsection. However, the board shall accept and consider any
supplements or amendments to any previous statements from the
victim or the victim's relatives or friends.
(n) The board shall conduct the community investigation
described in subsection (m) if:
(1) the person was convicted of a crime of violence (as defined
in IC 35-50-1-2); or
(2) the person is a sex offender (as defined in IC 11-8-8-4.5).
(o) As used in this section, "victim" means a person who has
suffered direct harm as a result of a violent crime (as defined in
IC 5-2-6.1-8).
As added by Acts 1979, P.L.120, SEC.6. Amended by Acts 1981,
P.L.135, SEC.1; P.L.311-1983, SEC.34; P.L.131-1985, SEC.1;
P.L.151-1987, SEC.1; P.L.33-1989, SEC.11; P.L.138-1989, SEC.1;
P.L.36-1990, SEC.2; P.L.134-1993, SEC.2; P.L.1-1994, SEC.46;
P.L.147-1995, SEC.1; P.L.172-2001, SEC.1; P.L.139-2006, SEC.1,
P.L.140-2006, SEC.14, and P.L.173-2006, SEC.14; P.L.105-2010,
SEC.5.
IC 11-13-3-4
Parole conditions; expenses
Sec. 4. (a) A condition to remaining on parole is that the parolee
not commit a crime during the period of parole.
(b) The parole board may also adopt, under IC 4-22-2, additional
conditions to remaining on parole and require a parolee to satisfy one
(1) or more of these conditions. These conditions must be reasonably
related to the parolee's successful reintegration into the community
and not unduly restrictive of a fundamental right.
(c) If a person is released on parole, the parolee shall be given a
written statement of the conditions of parole. Signed copies of this
statement shall be:
(1) retained by the parolee;
(2) forwarded to any person charged with the parolee's
supervision; and
(3) placed in the parolee's master file.
(d) The parole board may modify parole conditions if the parolee
receives notice of that action and had ten (10) days after receipt of
the notice to express the parolee's views on the proposed
modification. This subsection does not apply to modification of
parole conditions after a revocation proceeding under section 10 of
this chapter.
(e) As a condition of parole, the parole board may require the
parolee to reside in a particular parole area. In determining a
parolee's residence requirement, the parole board shall:
(1) consider:
(A) the residence of the parolee prior to the parolee's
incarceration; and
(B) the parolee's place of employment; and
(2) assign the parolee to reside in the county where the parolee
resided prior to the parolee's incarceration unless assignment on
this basis would be detrimental to the parolee's successful
reintegration into the community.
(f) As a condition of parole, the parole board may require the
parolee to:
(1) periodically undergo a laboratory chemical test (as defined
in IC 14-15-8-1) or series of tests to detect and confirm the
presence of a controlled substance (as defined in IC 35-48-1-9);
and
(2) have the results of any test under this subsection reported to
the parole board by the laboratory.
The parolee is responsible for any charges resulting from a test
required under this subsection. However, a person's parole may not
be revoked on the basis of the person's inability to pay for a test
under this subsection.
(g) As a condition of parole, the parole board:
(1) may require a parolee who is a sex offender (as defined in
IC 11-8-8-4.5) to:
(A) participate in a treatment program for sex offenders
approved by the parole board; and
(B) avoid contact with any person who is less than sixteen
(16) years of age unless the parolee:
(i) receives the parole board's approval; or
(ii) successfully completes the treatment program referred
to in clause (A); and
(2) shall:
(A) require a parolee who is a sex or violent offender (as
defined in IC 11-8-8-5) to register with a local law
enforcement authority under IC 11-8-8;
(B) prohibit a parolee who is a sex offender from residing
within one thousand (1,000) feet of school property (as
defined in IC 35-41-1-24.7) for the period of parole, unless
the sex offender obtains written approval from the parole
board;
parolee convicted of an offense under IC 35-46-3 from owning,
harboring, or training an animal, and, if the parole board prohibits a
parolee convicted of an offense under IC 35-46-3 from having direct
or indirect contact with an individual, the parole board may also
prohibit the parolee from having direct or indirect contact with any
animal belonging to the individual.
(m) A parolee may be responsible for the reasonable expenses, as
determined by the department, of the parolee's participation in a
treatment or other program required as a condition of parole under
this section. However, a person's parole may not be revoked solely
on the basis of the person's inability to pay for a program required as
a condition of parole under this section.
As added by Acts 1979, P.L.120, SEC.6. Amended by Acts 1981,
P.L.136, SEC.1; P.L.67-1990, SEC.5; P.L.11-1994, SEC.8;
P.L.1-1995, SEC.60; P.L.214-1999, SEC.2; P.L.238-2001, SEC.15;
P.L.116-2002, SEC.18; P.L.6-2006, SEC.2; P.L.60-2006, SEC.1;
P.L.139-2006, SEC.2; P.L.140-2006, SEC.15 and P.L.173-2006,
SEC.15; P.L.1-2007, SEC.103; P.L.216-2007, SEC.31; P.L.46-2008,
SEC.1; P.L.119-2008, SEC.10; P.L.1-2009, SEC.100; P.L.111-2009,
SEC.2; P.L.229-2011, SEC.104.
IC 11-13-3-5
Period of parole; discharge
Sec. 5. (a) The period of parole for offenders sentenced for
offenses under laws other than IC 35-50 is as follows:
(1) A person released on parole from an indeterminate term of
imprisonment remains on parole until the expiration date of the
term of imprisonment, except that the parole board may
discharge the person from that term any time after the person's
release on parole.
(2) A person released on parole from a determinate term of
imprisonment remains on parole until the determinate term
expires, except that the parole board may discharge the person
from that term any time after the person's release on parole.
(3) A person released on parole from a term of life
imprisonment remains on parole for life, except that the parole
board may discharge the person at any time after the person's
release on parole.
(b) When parole is terminated by discharge, the parole board shall
enter an order discharging the person from parole and term of
imprisonment. A copy of the order shall be given to the discharged
person.
As added by Acts 1979, P.L.120, SEC.6. Amended by P.L.46-2008,
SEC.2.
IC 11-13-3-6
Supervision and assistance of persons on parole; duties of
department; cooperation of courts, probation officers, and public
officials
Sec. 6. (a) The department shall supervise and assist persons on
parole. Its duties in this regard include:
(1) establishing methods and procedures for parole
administration, including investigation, supervision, workloads,
recordkeeping, and reporting;
(2) providing information to and otherwise assisting the parole
board in making parole decisions;
(3) assisting persons in preparing parole release plans;
(4) providing employment counseling and assistance in job and
residential placement;
(5) providing family and individual counseling and treatment
placement;
(6) providing financial counseling;
(7) providing vocational and educational counseling placement;
(8) supervising and assisting out of state parolees accepted
under an interstate compact;
(9) assisting the parole board in transferring supervision of a
parolee to another jurisdiction;
(10) notifying the parole board of any modification in the
conditions of parole considered advisable;
(11) notifying the parole board when a violation of parole
occurs; and
(12) cooperating with public and private agencies and with
individual citizens concerned with the treatment or welfare of
parolees, and assisting the parolee in obtaining services from
those agencies and citizens.
(b) Courts, probation officers, and other public officials shall
cooperate with the department in obtaining information relating to
persons committed to the department.
(c) The department shall cause the name of any person released
on parole to be entered into the Indiana data communications system
(IDACS).
As added by Acts 1979, P.L.120, SEC.6. Amended by
P.L.240-1991(ss2), SEC.69.
IC 11-13-3-7
Supervision and assistance of persons on parole; duties of employee
assigned; employee not considered law enforcement officer
Sec. 7. (a) An employee of the department assigned to supervise
and assist parolees may:
(1) execute warrants issued by the parole board;
(2) serve orders, subpoenas, and notices issued by the parole
board;
(3) conduct investigations necessary to the performance of his
duties;
(4) visit and confer with any person under his supervision, even
when that person is in custody;
(5) act as a probation officer if requested by the appropriate
court and if that request is approved by the department;
(6) search a parolee's person or property if he has reasonable
cause to believe that the parolee is violating or is in imminent
danger of violating a condition to remaining on parole;
(7) arrest a parolee without a warrant if he has reasonable cause
to believe that the parolee has violated or is about to violate a
condition to remaining on parole and that an emergency
situation exists, so that awaiting action by the parole board
under section 8 of this chapter would create an undue risk to the
public or to the parolee; and
(8) exercise any other power reasonably necessary in
discharging his duties and powers.
(b) An employee of the department assigned to supervise and
assist parolees is not considered a law enforcement officer under
IC 5-2-1 or IC 35-41-1.
As added by Acts 1979, P.L.120, SEC.6. Amended by P.L.311-1983,
SEC.35.
IC 11-13-3-8
Violation of parole; procedures
Sec. 8. (a) If an employee of the department assigned to supervise
and assist parolees believes that a parolee has violated a condition to
remaining on parole, he may submit a written report of the violation
to the parole board. After considering the report and making any
further investigation it considers appropriate, the parole board may:
(1) dismiss all further proceedings on the alleged violation;
(2) instruct the employee to handle the matter informally;
(3) request the parolee to meet informally with the parole board
to review his parole obligations; or
(4) intensify parole supervision and reporting.
(b) Upon a showing of probable cause to believe the parolee
violated a condition to remaining on parole, the chairman (or a
member of the parole board designated by the chairman to act in the
absence of the chairman) may issue an order for the parolee to appear
for a revocation hearing on the alleged violation.
(c) Upon a showing of probable cause to believe the parolee
violated a condition to remaining on parole, the chairman (or a
member of the parole board designated by the chairman to act in the
absence of the chairman) may issue a warrant for the arrest and
confinement of the parolee pending a preliminary hearing. An
employee of the department or any person authorized to execute
warrants may execute the warrant.
(d) Upon a showing of probable cause to believe that an alleged
parole violator has fled the state, the chairman (or a member of the
parole board who is designated by the chairman to act in the absence
of the chairman) may:
(1) issue a warrant for the arrest and confinement of the
parolee; and
(2) order that the parolee be returned to the state;
to ensure the appearance of the parolee at a parole revocation
hearing.
(e) If the parole board issues an order, under subsection (b), for
the parolee to appear for a revocation hearing, the parolee shall be
given written notice of:
(1) the date, time, and place of the hearing;
(2) the condition alleged to have been violated;
(3) the procedures and rights applicable to that hearing; and
(4) the possible sanctions if a violation is found.
(f) If the parole board issues a warrant, under subsection (c), for
the arrest and confinement of the parolee pending a preliminary
hearing, the parolee shall be given written notice of:
(1) the date, time, and place of the hearing;
(2) the condition alleged to have been violated;
(3) the procedures and rights applicable to the hearing;
(4) his right to a revocation hearing and the procedures and
rights applicable to that hearing if probable cause is found to
exist; and
(5) the possible sanctions if a violation is found at a revocation
hearing.
(g) The issuance of an order to appear or arrest warrant under this
section tolls the period of parole until the parole board's final
determination of the charge. However, the tolled period shall be
restored if there is a finding of no violation, if a finding of a violation
is later overturned, or if the parole violation charge is dismissed.
As added by Acts 1979, P.L.120, SEC.6. Amended by P.L.151-1987,
SEC.2.
IC 11-13-3-9
Preliminary hearing
Sec. 9. (a) Upon the arrest and confinement of a parolee for an
alleged violation of a condition to remaining on parole, an employee
of the department (other than the employee who reported or
investigated the alleged violation or who recommended revocation)
shall hold a preliminary hearing to determine whether there is
probable cause to believe a violation of a condition has occurred. The
hearing shall be held without unneccessary delay. In connection with
the hearing, the parolee is entitled to:
(1) appear and speak in his own behalf;
(2) call witnesses and present evidence;
(3) confront and cross-examine witnesses, unless the person
conducting the hearing finds that to do so would subject the
witness to a substantial risk of harm; and
(4) a written statement of the findings of fact and the evidence
relied upon.
(b) If it is determined there is not probable cause to believe the
parolee violated a condition to remaining on parole, the charge shall
be dismissed.
(c) If it is determined from the evidence presented that there is
probable cause to believe the parolee violated a condition to
remaining on parole, confinement of the parolee may be continued
pending a parole revocation hearing.
(d) If the alleged violation of parole is the parolee's conviction of
a crime while on parole, the preliminary hearing required by this
section need not be held.
(e) Unless good cause for the delay is established in the record of
the proceeding, the parole revocation charge shall be dismissed if the
preliminary hearing is not held within ten (10) days after the arrest.
(f) A parolee may waive his right to a preliminary hearing.
As added by Acts 1979, P.L.120, SEC.6.
IC 11-13-3-10
Parole revocation hearing
Sec. 10. (a) Parole revocation hearings shall be conducted as
follows:
(1) A parolee who is confined due to an alleged violation of
parole shall be afforded a parole revocation hearing within sixty
(60) days after the parolee is made available to the department
by a jail or state correctional facility, if:
(A) there has been a final determination of any criminal
charges against the parolee; or
(B) there has been a final resolution of any other detainers
filed by any other jurisdiction against the parolee.
(2) A parolee who is not confined and against whom is pending
a charge of parole violation shall be afforded a parole
revocation hearing within one hundred eighty (180) days after
the earlier of:
(A) the date an order was issued for the parolee's appearance
at a parole revocation hearing; or
(B) the date of the parolee's arrest on the parole violation
warrant.
The revocation hearing shall be conducted by at least one (1)
member of the parole board, and the purpose of the hearing is to
determine whether a violation of a condition to remaining on parole
has occurred and, if so, the appropriate action. In connection with the
hearing, the parolee is entitled to those procedural safeguards
enumerated in section 9(a) of this chapter. The parolee may offer
evidence in mitigation of the alleged violation.
(b) If it is determined from the evidence presented that the parolee
did not commit a parole violation, the charge shall be dismissed.
(c) If it is determined that the parolee did violate parole, the
parole board may continue parole, with or without modifying the
conditions, or revoke the parole and order the parolee imprisoned on
either a continuous or intermittent basis. If, however, the violation is
the commission of a new felony, the parole board shall revoke the
parole and order continuous imprisonment.
(d) The parolee shall be provided with a written statement of the
reasons for the action taken under subsection (c).
(e) Unless good cause for the delay is established in the record of
the proceeding, the parole revocation charge shall be dismissed if the
revocation hearing is not held within the time established by
subsection (a).
As added by Acts 1979, P.L.120, SEC.6. Amended by P.L.128-1985,
SEC.2.