Sec. 2. (a) Release on parole and discharge of an
offender sentenced for an offense under IC 35-50 shall be determined
under IC 35-50-6.
(b) Parole and discharge eligibility for offenders sentenced for
offenses under laws other than IC 35-50 is as follows:
(1) A person sentenced upon conviction of a felony to an
indeterminate term of imprisonment is eligible for consideration
for release on parole upon completion of his minimum term of
imprisonment, less the credit time he has earned with respect to
that term.
(2) A person sentenced upon conviction of a felony to a
determinate term of imprisonment is eligible for consideration for
release on parole upon completion of one-half (1/2) of his
determinate term of imprisonment or at the expiration of twenty
(20) years, whichever comes first, less the credit time he has
earned with respect to that term.
(3) A person sentenced upon conviction of first degree murder or
second degree murder to a term of life imprisonment is eligible
for consideration for release on parole upon completion of twenty
(20) years of time served on the sentence. A person sentenced
upon conviction of a felony other than first degree murder or
second degree murder to a term of life imprisonment is eligible
for consideration for release on parole upon completion of fifteen
(15) years of time served on the sentence. A person sentenced
upon conviction of more than one (1) felony to more than one (1)
term of life imprisonment is not eligible for consideration for
release on parole under this section. A person sentenced to a term
of life imprisonment does not earn credit time with respect to that
term.
(4) A person sentenced upon conviction of a misdemeanor is not
eligible for parole and shall, instead, be discharged upon
completion of his term of imprisonment, less the credit time he
has earned with respect to that term.
(c) A person whose parole is revoked may be reinstated on parole
by the parole board any time after the revocation, regardless of whether
the offender was sentenced under IC 35-50 or another law. The parole
board may adopt, under IC 4-22-2, rules and regulations regarding
eligibility for reinstatement.
As added by Acts 1979, P.L.120, SEC.6.
Notes of Decisions
Cited in
14
cases (
1 in the last 5 years), 1982–2023 · leading case:
State v. Hernandez, 910 N.E.2d 213 (Ind. 2009).
State v. Hernandez, 910 N.E.2d 213 (Ind. 2009).
· cites it 11× “This new claim was that the Parole Board, by applying a 1979 statute (certain language in Ind.Code § 11-13-3-2(b)(8) (Supp.1979)) to his 1975 convictions, had denied him consideration for parole in violation of the Ex Post Facto Clauses of both the Indiana and United States…”
Holland v. Rizzo, 872 N.E.2d 659 (Ind. Ct. App. 2007).
· cites it 20× “Whether the trial court erred by concluding that Holland was not eligible for parole consideration under Ind.Code § 11-13-3-2; and III. Whether the trial court erred by concluding that Holland was not subjected to cruel and unusual punishment in violation of the Eighth Amendment.”
Boyd v. Broglin, 519 N.E.2d 541 (Ind. 1988).
· cites it 2× “Code § 35-50-6-2; Ind.Code § 11-13-3-2(b)(d). A person sentenced under a statute other than Ind.”
White v. Indiana Parole Bd., 713 N.E.2d 327 (Ind. Ct. App. 1999).
· cites it 2× “Every prisoner sentenced upon conviction of a felony to a determinate term of imprisonment in a correctional institution shall be eligible for release on parole upon completion of one-half (½) of his determinate term or at the expiration of twenty (20) years, whichever comes…”
Hendrix v. Duckworth, 442 N.E.2d 1058 (Ind. 1982).
· cites it 2× “The statute now pertinent to Appellant is Ind.Code § 11-13-3-2 (Burns 1981). The applicable portions thereof are: “11-13-3-2.”
Minor v. State, 546 A.2d 1028 (Md. 1988).
“See Ind. Code Ann. § 11-13-3-2 (b)(2) (1981 Repl.”
Lockert v. State, 711 N.E.2d 88 (Ind. Ct. App. 1999).
· cites it 3× “CODE § 11-13-3-2(3); Hendrix v. Duckworth, 442 N.”
State v. Kerrie D. Price, 715 N.E.2d 331 (Ind. 1999).
· cites it 2× “Satisfied that the death penalty is not “a term of imprisonment” within the meaning of Ind.Code § 35-50-l~2(d), we reverse the trial court and order reinstatement of the request for the death penalty.”
Holleman v. State, 27 N.E.3d 344 (Ind. Ct. App. 2015).
· cites it 2× “Ind.Code § 11-13-3-2(b)(3). Holleman appeared before the board four times after becoming eligible to do so.”
Boone v. State, 449 N.E.2d 1077 (Ind. 1983).
· cites it 2× “2(1), in light of his ineligibility for parole, Ind.Code § 11-13-3-2(b)(3) (Burns 1981) and his youth, age 19 at the time of the offenses, and that the crimes were not accompanied with bodily injury and the first trial ended in a hung jury, after which, the State offered a ten…”
Johnson v. State, 654 N.E.2d 788 (Ind. Ct. App. 1995).
“Under Ind.Code 11-13-3-2(b)(3), "an individual serving two sentences of life imprisonment upon conviction of more than one felony is not eligible for parole consideration.”
Ulimwengu v. Paul (E.D. Ky. 2023).
· cites it 4× “] He then attaches (without further explanation) a copy of Ind. Code § 11-13-3-2 , which is the Indiana statute regarding the eligibility for certain offenders for release on parole and discharge.”
— Ind. Code § 11-13-3-2(3) — 1 case
Lockert v. State, 711 N.E.2d 88 (Ind. Ct. App. 1999).
“CODE § 11-13-3-2(3); Hendrix v. Duckworth, 442 N.”
— Ind. Code § 11-13-3-2(b)(3) — 3 cases
Holleman v. State, 27 N.E.3d 344 (Ind. Ct. App. 2015).
“Ind.Code § 11-13-3-2(b)(3). Holleman appeared before the board four times after becoming eligible to do so.”
Boone v. State, 449 N.E.2d 1077 (Ind. 1983).
“2(1), in light of his ineligibility for parole, Ind.Code § 11-13-3-2(b)(3) (Burns 1981) and his youth, age 19 at the time of the offenses, and that the crimes were not accompanied with bodily injury and the first trial ended in a hung jury, after which, the State offered a ten…”
Johnson v. State, 654 N.E.2d 788 (Ind. Ct. App. 1995).
“Under Ind.Code 11-13-3-2(b)(3), "an individual serving two sentences of life imprisonment upon conviction of more than one felony is not eligible for parole consideration.”
— Ind. Code § 11-13-3-2(b)(8) — 1 case
State v. Hernandez, 910 N.E.2d 213 (Ind. 2009).
“This new claim was that the Parole Board, by applying a 1979 statute (certain language in Ind.Code § 11-13-3-2(b)(8) (Supp.1979)) to his 1975 convictions, had denied him consideration for parole in violation of the Ex Post Facto Clauses of both the Indiana and United States…”
— Ind. Code § 11-13-3-2(b)(d) — 1 case
Boyd v. Broglin, 519 N.E.2d 541 (Ind. 1988).
“Code § 35-50-6-2; Ind.Code § 11-13-3-2(b)(d). A person sentenced under a statute other than Ind.”
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