Sec. 2. (a) Except as provided in subsection (b), the
department shall establish a minimum security release program in
which eligible committed offenders may be temporarily released from
custody to:
(1) work;
(2) conduct a business or other self-employed occupation,
including housekeeping or attending to family needs;
(3) attend an academic or vocational training institution or
program;
(4) obtain medical, psychiatric, or psychological treatment,
including treatment for drug addiction or alcoholism; or
(5) accomplish other purposes consistent with programs of the
department.
(b) An offender convicted of:
(1) a violent crime (as defined in IC 5-2-6.1-8); or
(2) a sex offense under IC 35-42-4 or IC 35-46-1-3;
is not eligible to participate in a minimum security assignment that
constitutes an assignment of the offender to a program requiring
weekly reporting to a designated official.
As added by Acts 1979, P.L.120, SEC.3. Amended by
P.L.136-1989, SEC.2; P.L.2-1992, SEC.110; P.L.47-1993, SEC.5;
P.L.144-1995, SEC.1.
Notes of Decisions
Cited in
3
cases, 1989–2017 · leading case:
Hendrix v. Evans, 715 F. Supp. 897 (N.D. Ind. 1989).
Hendrix v. Evans, 715 F. Supp. 897 (N.D. Ind. 1989).
· cites it 12× “Indiana Code §§ 11-10-8-2 and 11-10-8-3 are cited by the plaintiff as creating a protected right to participate in study release programs.”
Cohn v. Strawhorn, 721 N.E.2d 342 (Ind. Ct. App. 1999).
· cites it 2× “Indiana Code § 11-10-8-2 reads in pertinent part as follows: [T]he department shall establish a minimum security release program in which eligible committed offenders may be temporarily released from custody to: (1) Work; (2) Conduct a business or other self-employed occupation…”
Paul J. Pacheco v. Keith Butts, No. 33A01-1702-MI-395 (Ind. Ct. App. July 18, 2017).
· cites it 2× “To support his argument, Pacheco relies on Indiana Code Section 11-10-8-2(b)(2), which provides that sex offenders are 2 Pacheco had accrued time served of 1406 days (1246 days served prior to his release on parole and 160 days served on parole).”
Ind. Code § 11-10-8-2(b)(2): 1 case
Paul J. Pacheco v. Keith Butts, No. 33A01-1702-MI-395 (Ind. Ct. App. July 18, 2017).
“To support his argument, Pacheco relies on Indiana Code Section 11-10-8-2(b)(2), which provides that sex offenders are 2 Pacheco had accrued time served of 1406 days (1246 days served prior to his release on parole and 160 days served on parole).”
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