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 he 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
community transition 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.
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, he may also be reassigned to Class II or Class III.
(b) Before a person may be deprived of earned credit time, the
person must be granted a hearing to determine his 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(c) of this chapter. The person may waive his 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.
Last modified: May 24, 2006