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.
(C) An associate's degree from an approved institution of
higher learning (as defined under IC 20-12-21-3).
(D) A bachelor's degree from an approved institution of
higher learning (as defined under IC 20-12-21-3).
(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 vocational 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.
(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 vocational 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.
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 vocational 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 vocational 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).
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.
Last modified: May 24, 2006