Credit time assignments
Sec. 4. (a) A person imprisoned for a crime or imprisoned
awaiting trial or sentencing is initially assigned to Class I.
(b) A person may be reassigned to Class II or Class III if he
violates any of the following:
(1) A rule of the department of correction.
(2) A rule of the penal facility in which he 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, he must be granted a hearing to determine
his guilt or innocence and, if found guilty, whether reassignment is
an appropriate disciplinary action for the violation. The person may
waive his right to the hearing.
(c) In connection with the hearing granted under subsection (b),
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 his 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 his testimony or any evidence derived
from his testimony is used in any criminal proceedings; and
(10) have his record expunged of any reference to the charge if
he 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.
(d) A person may be reassigned from Class III to Class I or Class
II 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 he should be reassigned to a higher credit time class.
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.
Last modified: May 24, 2006