Ind. Code ch. 11-8-2

Ind. Code ch. 11-8-2
in effect

Ind. Code § 11-8-2-1 Department of correction; establishment

Sec. 1. There is established in the executive branch of state government a department of correction. As added by Acts 1979, P.L.120, SEC.1.

Ind. Code § 11-8-2-3 Repealed

As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.292-2001, SEC.3. Repealed by P.L.246-2005, SEC.226.

Ind. Code § 11-8-2-4 Office of commissioner of correction; commissioner's qualifications, term, salary

Sec. 4. There is established the office of commissioner of correction. The commissioner must hold at least a bachelor's degree from an accredited college or university and must have held a management position in correctional or related work for at least five (5) years. The commissioner shall be appointed by and serve at the pleasure of the governor. The commissioner is entitled to a salary to be determined by the state budget agency with the approval of the governor. As added by Acts 1979, P.L.120, SEC.1.

Ind. Code § 11-8-2-5 Commissioner's powers and duties

Sec. 5. (a) The commissioner shall do the following: (1) Organize the department and employ personnel necessary to discharge the duties and powers of the department. (2) Administer and supervise the department, including all state owned or operated correctional facilities. (3) Except for employees of the parole board, be the appointing authority for all positions in the department. (4) Define the duties of a deputy commissioner and a warden. (5) Accept committed persons for study, evaluation, classification, custody, care, training, and reintegration. (6) Determine the capacity of all state owned or operated correctional facilities and programs and keep all Indiana courts having criminal or juvenile jurisdiction informed, on a quarterly basis, of the populations of those facilities and programs. (7) Utilize state owned or operated correctional facilities and programs to accomplish the purposes of the department and acquire or establish, according to law, additional facilities and programs whenever necessary to accomplish those purposes. (8) Develop policies, programs, and services for committed persons, for administration of facilities, and for conduct of employees of the department. (9) Administer, according to law, the money or other property of the department and the money or other property retained by the department for committed persons. (10) Keep an accurate and complete record of all department proceedings, which includes the responsibility for the custody and preservation of all papers and documents of the department. (11) Make an annual report to the governor according to subsection (c). (12) Develop, collect, and maintain information concerning offenders, sentencing practices, and correctional treatment as the commissioner considers useful in penological research or in developing programs. (13) Cooperate with and encourage public and private agencies and other persons in the development and improvement of correctional facilities, programs, and services. (14) Explain correctional programs and services to the public. (15) As required under 52 U.S.C. 21083, provide information to the election division to coordinate the computerized list of voters maintained under IC 3-7-26.3 with department records concerning individuals disfranchised under IC 3-7-46. (16) Make an annual report to the legislative council in an electronic format under IC 5-14-6 before September 1 of each year. (b) The commissioner may: (1) when authorized by law, adopt departmental rules under IC 4-22-2; (2) delegate powers and duties conferred on the commissioner by law to a deputy commissioner or commissioners and other employees of the department; (3) issue warrants for the return of escaped committed persons (an employee of the department or any person authorized to execute warrants may execute a warrant issued for the return of an escaped person); (4) appoint personnel to be sworn in as correctional police officers; (5) enter into a regional holding facility lease agreement with a local economic development organization as described under IC 4-20.5-7-22; and (6) exercise any other power reasonably necessary in discharging the commissioner's duties and powers. (c) The annual report of the department shall be transmitted to the governor by September 1 of each year and must contain: (1) a description of the operation of the department for the fiscal year ending June 30; (2) a description of the facilities and programs of the department; (3) an evaluation of the adequacy and effectiveness of those facilities and programs considering the number and needs of committed persons or other persons receiving services; and (4) any other information required by law. Recommendations for alteration, expansion, or discontinuance of facilities or programs, for funding, or for statutory changes may be included in the annual report. As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.209-2003, SEC.200; P.L.246-2005, SEC.91; P.L.77-2009, SEC.3; P.L.6-2012, SEC.77; P.L.23-2012, SEC.1; P.L.67-2017, SEC.6; P.L.130-2018, SEC.35; P.L.239-2019, SEC.6; P.L.278-2019, SEC.167; P.L.156-2020, SEC.51.

Ind. Code § 11-8-2-6 Deputy commissioners; appointment; qualifications; terms; salary

Sec. 6. The commissioner shall appoint one (1) or more deputy commissioners. A deputy commissioner must hold at least a bachelor's degree from an accredited college or university and must have held a management position in correctional or related work for a minimum of three (3) years. A deputy commissioner shall serve at the pleasure of the commissioner. A deputy commissioner is entitled to a salary to be determined by the budget agency with the approval of the governor. As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.246-2005, SEC.92.

Ind. Code § 11-8-2-7 Correctional facilities for criminal offenders and delinquent offenders; wardens; appointment; qualifications; salary; vacancies

Sec. 7. (a) The commissioner shall determine which state owned or operated correctional facilities are to be maintained for criminal offenders and which are to be maintained for delinquent offenders. (b) The commissioner shall determine which state owned or operated correctional facilities need, for effective management, administration by a warden. The commissioner shall appoint a warden for each correctional facility. However, the commissioner may appoint a person as warden of two (2) or more facilities if the commissioner finds that it would be economical to do so and would not adversely effect the management of the facilities. (c) Except as provided in subsection (d), a warden must hold at least a bachelor's degree from an accredited college or university. (d) If a warden does not hold at least a bachelor's degree from an accredited college or university, the warden must have at least ten (10) years of experience in public safety work. (e) In addition to the requirements described in subsections (c) and (d), a warden must have held a management position in correctional or related work for a minimum of five (5) years. A warden is entitled to a salary to be determined by the budget agency with the approval of the governor. (f) If a warden position becomes vacant, the commissioner may appoint an acting warden to discharge the duties and powers of a warden on a temporary basis. As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.43-2002, SEC.1; P.L.246-2005, SEC.93; P.L.47-2008, SEC.1; P.L.100-2012, SEC.28; P.L.67-2017, SEC.7.

Ind. Code § 11-8-2-8 Personnel; standards; programs

Sec. 8. (a) The department shall cooperate with the state personnel department in establishing minimum qualification standards for employees of the department and in establishing a system of personnel recruitment, selection, employment, and distribution. (b) The department shall conduct training programs designed to equip employees for duty in its facilities and programs and raise their level of performance. Training programs conducted by the department need not be limited to inservice training. They may include preemployment training, internship programs, and scholarship programs in cooperation with appropriate agencies. When funds are appropriated, the department may provide educational stipends or tuition reimbursement in such amounts and under such conditions as may be determined by the department and the personnel department. (c) The department shall conduct a training program on cultural diversity awareness that must be a required course for each employee of the department who has contact with incarcerated persons. (d) The department shall provide six (6) hours of training to employees who interact with persons with mental illness, addictive disorders, intellectual disabilities, and developmental disabilities concerning the interaction, to be taught by persons approved by the secretary of family and social services, using teaching methods approved by the secretary of family and social services and the commissioner. The commissioner or the commissioner's designee may credit hours of substantially similar training received by an employee toward the required six (6) hours of training. (e) The department shall establish a correctional officer training program with a curriculum, and administration by agencies, to be determined by the commissioner. A certificate of completion shall be issued to any person satisfactorily completing the training program. A certificate may also be issued to any person who has received training in another jurisdiction if the commissioner determines that the training was at least equivalent to the training program maintained under this subsection. As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.3-1989, SEC.94; P.L.25-2000, SEC.2; P.L.85-2004, SEC.41; P.L.246-2005, SEC.94; P.L.100-2012, SEC.29; P.L.117-2015, SEC.5.

Ind. Code § 11-8-2-9 Research and statistics

Sec. 9. (a) The department shall establish a program of research and statistics, alone or in cooperation with others, for the purpose of assisting in the identification and achievement of realistic short term and long term departmental goals, the making of administrative decisions, and the evaluation of the facilities and programs of the entire state correctional system. Information relating to the following must be compiled: (1) An inventory of current facilities and programs, including residential and nonresidential community programs and offender participation. (2) Population characteristics and trends, including the following concerning offenders: (A) Ethnicity. (B) Gender. (3) Judicial sentencing practices. (4) Service area resources, needs, and capabilities. (5) Recidivism of offenders. (6) Projected operating and capital expenditures. (b) The department may conduct research into the causes, detection, and treatment of criminality and delinquency and disseminate the results of that research. As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.142-1995, SEC.1.

Ind. Code § 11-8-2-10 Continuance of rules adopted and in effect on October 1, 1980

Sec. 10. All rules adopted by the department and in effect on October 1, 1980, continue in effect until amended or repealed by the department, according to IC 4-22-2, under rule-making authority given to the department under this article. As added by Acts 1979, P.L.120, SEC.1.

Ind. Code § 11-8-2-11 Corrections drug abuse fund

Sec. 11. (a) The corrections drug abuse fund is established. The department shall administer the fund. Expenditures from the fund may be made only in accordance with appropriations made by the general assembly. (b) The department may use money from the fund to provide drug abuse therapy for offenders. (c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. (d) Money in the fund at the end of a fiscal year does not revert to the state general fund. As added by P.L.51-1989, SEC.3.

Ind. Code § 11-8-2-12 Education costs exemption for survivors of hazardous duty employee who dies in line of duty

Sec. 12. Each child and surviving spouse of a hazardous duty employee of the department who: (1) works within a prison or juvenile facility; or (2) performs parole or emergency response operations and functions; and dies in the line of duty is eligible for an educational costs exemption as provided under IC 21-14-4. As added by P.L.8-2006, SEC.2. Amended by P.L.2-2007, SEC.150; P.L.112-2019, SEC.3.

Ind. Code § 11-8-2-12.4 Duties concerning the Indiana sex and violent offender registry

Sec. 12.4. The department shall do the following: (1) Maintain the Indiana sex and violent offender registry established under IC 36-2-13-5.5. The department shall ensure that a sex offender's Social Security number remains unavailable to the public. (2) Prescribe and approve a format for sex or violent offender registration as required by IC 11-8-8. (3) Provide: (A) judges; (B) law enforcement officials; (C) prosecuting attorneys; (D) parole officers; (E) probation officers; and (F) community corrections officials; with information and training concerning the requirements of IC 11-8-8 and the use of the Indiana sex and violent offender registry. (4) Upon request of a neighborhood association: (A) transmit to the neighborhood association information concerning sex or violent offenders who reside near the location of the neighborhood association; or (B) provide instructional materials concerning the use of the Indiana sex and violent offender registry to the neighborhood association. (5) Maintain records on every sex or violent offender who: (A) is incarcerated; (B) has relocated out of state; and (C) is no longer required to register due to the expiration of the sex or violent offender's registration period. (6) Create policies that provide for a schedule of progressive parole incentives and violation sanctions, including judicial review procedures, and submit the policies to the parole board for review. As added by P.L.140-2006, SEC.10 and P.L.173-2006, SEC.10. Amended by P.L.216-2007, SEC.8; P.L.179-2014, SEC.1.

Ind. Code § 11-8-2-13 Operation of the Indiana sex and violent offender registry

Sec. 13. (a) The Indiana sex and violent offender registry established under IC 36-2-13-5.5 and maintained by the department under section 12.4 of this chapter must include the names of each offender who is or has been required to register under IC 11-8-8. (b) The department shall do the following: (1) Ensure that the Indiana sex and violent offender registry is updated at least once per day with information provided by a local law enforcement authority (as defined in IC 11-8-8-2). (2) Publish the Indiana sex and violent offender registry on the Internet through the computer gateway administered by the office of technology established by IC 4-13.1-2-1, and ensure that the Indiana sex and violent offender registry displays the following or similar words: "Based on information submitted to law enforcement, a person whose name appears in this registry has been convicted of a sex or violent offense or has been adjudicated a delinquent child for an act that would be a sex or violent offense if committed by an adult.". (3) If: (A) an offender's registration period has expired as described in IC 11-8-8-19; or (B) an offender is deceased; ensure that the offender's information is no longer published to the public portal of the sex and violent offender registry website established under IC 36-2-13-5.5. As added by P.L.140-2006, SEC.11 and P.L.173-2006, SEC.11. Amended by P.L.216-2007, SEC.9; P.L.214-2013, SEC.3; P.L.1-2025, SEC.153.

Ind. Code § 11-8-2-14 Correctional professional's fund

Sec. 14. (a) The correctional professionals assistance fund of Indiana is established to provide monetary assistance, including tuition assistance, to a correctional employee or the family member of a correctional employee. Monetary assistance may be paid from the fund to the correctional employee or a family member of a correctional employee if: (1) the employee or employee's family member attends a postsecondary educational institution; or (2) the employee: (A) suffers a loss as the result of a natural disaster; (B) is killed or injured in the line of duty; or (C) is suffering from other catastrophic events defined by a written protocol approved by the commissioner. (b) The expenses of administering the fund shall be paid from money in the fund. (c) The fund consists of: (1) grants; (2) donations; (3) employee contributions; and (4) appropriations; made to the fund. (d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund. (e) Money in the fund at the end of a state fiscal year does not revert to the state general fund. (f) Money in the fund is continually appropriated to carry out the purposes of the fund. As added by P.L.77-2009, SEC.4. Amended by P.L.23-2012, SEC.2.

Ind. Code § 11-8-2-15 Completion of new facilities; closing existing facilities; department review; conversion of mental health facilities into correctional facilities

Sec. 15. (a) Upon completion of a new correctional facility, the department shall conduct a review of the capacity of all previously existing facilities to determine the feasibility of closing the facilities. In conducting a review under this section, the department shall consider whether the closing of an existing facility would be consistent with the public safety and sound correctional policy. (b) The executive department shall study the feasibility and economic impact of converting one (1) or more state mental health facilities into correctional facilities. The study shall be transmitted to the speaker of the house of representatives and the president pro tempore of the senate before issuance of bonds to finance the construction of a new women's prison. (c) This section codifies P.L.240-1991, SECTION 118. This section does not impose duties on the department of correction or the executive department other than the duties imposed by P.L.240-1991, SECTION 118. As added by P.L.220-2011, SEC.243.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/11Fetched: 10/17/2026