Sec. 3.3. (a) In addition to any educational credit a
person earns under subsection (b), or good time credit a person earns
under section 3 or 3.1 of this chapter, a person earns educational credit
if the person:
(1) is in credit Class I, Class A, or Class B;
(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 (before its repeal) or IC 22-4.1-18, if the person has
not previously obtained a high school diploma.
(B) Except as provided in subsection (o), a high school
diploma, if the person has not previously obtained a general
educational development (GED) diploma.
(C) An associate degree from an approved postsecondary
educational institution (as defined under IC 21-7-13-6(a))
earned during the person's incarceration.
(D) A bachelor degree from an approved postsecondary
educational institution (as defined under IC 21-7-13-6(a))
earned during the person's incarceration.
(b) In addition to any educational credit that a person earns under
subsection (a), or good time credit a person earns under section 3 or 3.1
of this chapter, a person may earn educational credit if, while confined
by the department of correction, the person:
(1) is in credit Class I, Class A, or Class B;
(2) demonstrates a pattern consistent with rehabilitation; and
(3) successfully completes requirements for at least one (1) of the
following:
(A) To obtain a certificate of completion of a career and
technical or vocational education program approved by the
department of correction.
(B) To obtain a certificate of completion of a substance abuse
program approved by the department of correction.
(C) To obtain a certificate of completion of a literacy and basic
life skills program approved by the department of correction.
(D) To obtain a certificate of completion of a reformative
program approved by the department of correction.
(E) An individualized case management plan approved by the
department of correction.
(c) The department of correction shall establish admissions criteria
and other requirements for programs available for earning educational
credit under subsection (b). A person may not earn educational credit
under this section for the same program of study. The department of
correction, in consultation with the department of workforce
development, shall approve a program only if the program is likely to
lead to an employable occupation.
(d) The amount of educational credit 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
(before its repeal) or IC 22-4.1-18.
(2) One (1) year for graduation from high school.
(3) Not more than one (1) year for completion of an associate
degree.
(4) Not more than two (2) years for completion of a bachelor
degree.
(5) Not more than a total of one (1) year, as determined by the
department of correction, for the completion of one (1) or more
career and technical or vocational education programs approved
by the department of correction.
(6) Not more than a total of six (6) months, 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, 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.
(8) Not more than a total of six (6) months, as determined by the
department of correction, for completion of one (1) or more
reformative programs approved by the department of correction.
However, a person who is serving a sentence for an offense listed
under IC 11-8-8-4.5 may not earn educational credit under this
subdivision.
(9) An amount determined by the department of correction under
a policy adopted by the department of correction concerning the
individualized case management plan, not to exceed the
maximum amount described in subsection (j).
However, a person who does not have a substance abuse problem that
qualifies the person to earn educational credit in a substance abuse
program may earn not more than a total of twelve (12) months of
educational credit, as determined by the department of correction, for
the completion of one (1) or more career and technical or vocational
education programs approved by the department of correction. If a
person earns more than six (6) months of educational credit for the
completion of one (1) or more career and technical or vocational
education programs, the person is ineligible to earn educational credit
for the completion of one (1) or more substance abuse programs.
(e) Educational credit earned under this section must be directly
proportional to the time served and course work completed while
incarcerated. The department of correction shall adopt rules under IC 4-22-2 necessary to implement this subsection.
(f) Educational credit earned by a person under this section is
subtracted from the release date that would otherwise apply to the
person by the sentencing court after subtracting all other credit time
earned by the person.
(g) A person does not earn educational credit under subsection (a)
unless the person completes at least a portion of the degree
requirements after June 30, 1993.
(h) A person does not earn educational credit under subsection (b)
unless the person completes at least a portion of the program
requirements after June 30, 1999.
(i) Educational credit 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) (before its repeal).
(C) Child molesting (IC 35-42-4-3).
(D) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
(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 (IC 35-42-4-9) as a:
(i) Class A felony, Class B felony, or Class C felony for a
crime committed before July 1, 2014; or
(ii) Level 1, Level 2, or Level 4 felony, for a crime committed
after June 30, 2014.
(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.
(j) The maximum amount of educational credit a person may earn
under this section is the lesser of:
(1) two (2) years; or
(2) one-third (1/3) of the person's total applicable credit time.
(k) Educational credit earned under this section by an offender
serving a sentence for stalking (IC 35-45-10-5), a felony against a
person under IC 35-42, or for a crime listed in IC 11-8-8-5, shall be
reduced to the extent that application of the educational credit 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 educational
credit.
(l) A person may earn educational credit 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).
(m) A person may not earn educational credit:
(1) for a general educational development (GED) diploma if the
person has previously earned a high school diploma; or
(2) for a high school diploma if the person has previously earned
a general educational development (GED) diploma.
(n) A person may not earn educational credit under this section if
the person:
(1) commits an offense listed in IC 11-8-8-4.5 while the person is
required to register as a sex or violent offender under IC 11-8-8-7;
and
(2) is committed to the department of correction after being
convicted of the offense listed in IC 11-8-8-4.5.
(o) For a person to earn educational credit under subsection
(a)(3)(B) for successfully completing the requirements for a high
school diploma through correspondence courses, each correspondence
course must be approved by the department before the person begins
the correspondence course. The department may approve a
correspondence course only if the entity administering the course is
recognized and accredited by the department of education in the state
where the entity is located.
(p) The department of correction shall, before May 1, 2023, submit
a report to the legislative council, in an electronic format under IC 5-14-6, concerning the implementation of the individualized case
management plan. The report must include the following:
(1) The ratio of case management staff to offenders participating
in the individualized case management plan as of January 1, 2023.
(2) The average number of days awarded to offenders
participating in the individualized case management plan from
January 1, 2022, through December 31, 2022.
(3) The percentage of the prison population currently participating
in an individualized case management plan as of January 1, 2023.
(4) Any other data points or information related to the status of
the implementation of the individualized case management plan.
This subsection expires June 30, 2023.
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; P.L.2-2007, SEC.380; P.L.234-2007,
SEC.171; P.L.80-2008, SEC.3; P.L.42-2010, SEC.2; P.L.7-2011,
SEC.25; P.L.228-2011, SEC.2; P.L.147-2012, SEC.11; P.L.158-2013,
SEC.669; P.L.214-2013, SEC.46; P.L.168-2014, SEC.122;
P.L.74-2015, SEC.34; P.L.187-2015, SEC.51; P.L.13-2016, SEC.20;
P.L.106-2020, SEC.4; P.L.142-2020, SEC.88.
Notes of Decisions
Cited in
71
cases (
5 in the last 5 years), 1994–2024 · leading case:
Budd v. State, 935 N.E.2d 746 (Ind. Ct. App. 2010).
Budd v. State, 935 N.E.2d 746 (Ind. Ct. App. 2010).
· cites it 32× “In 1999, Section 35-50-6-3.3 was amended to provide that educational credit time was "subtracted from the release date that would otherwise apply to the person after subtracting all other credit time earned by the person.”
Wilson v. State, 799 N.E.2d 51 (Ind. Ct. App. 2003).
· cites it 20× “He raises one issue, which we restate as whether the denial of his petition was contrary to law because Wilson had earned educational credit time pursuant to Ind.Code § 35-50-6-3.3. [1] We affirm. FACTS AND PROCEDURAL HISTORY When this cause was before us previously, we set out…”
Diaz v. State, 753 N.E.2d 724 (Ind. Ct. App. 2001).
· cites it 16× “program on February 24, 1999, and applied for credit time against his sentence, as provided by Ind.Code § 35-50-6-3.3. On March 19, 1999, the Department of Correction denied Diaz's request, stating that Diaz was not eligible for credit time because it had found him guilty of…”
Randolph v. Buss, 956 N.E.2d 38 (Ind. Ct. App. 2011).
· cites it 20× “He contends the Indiana Department of Correction (IDOC) wrongly withheld a portion of educational credit time he earned pursuant to Ind.Code § 35-50-6-3.3. We affirm. FACTS AND PROCEDURAL HISTORY On October 2, 1995, Randolph was sentenced to twenty-eight years of incarceration.”
Miller v. Walker, 655 N.E.2d 47 (Ind. 1995).
· cites it 16× “The educational credit statute here at issue, Ind.Code Ann. §§ 35-50-6-3.3 (a)(2)(A), -3.”
Samuels v. State, 849 N.E.2d 689 (Ind. Ct. App. 2006).
· cites it 12× “Samuels is claiming that he is entitled to educational credit time pursuant to Indiana Code § 35-50-6-3.3 (Burns Code Ed.”
Denney v. State, 773 N.E.2d 300 (Ind. Ct. App. 2002).
· cites it 18× “DISCUSSION AND DECISION Denney contends that the post-conviction court erred when it denied him education credit time toward his term of imprisonment for completing a second vocational course.”
McGee v. State, 790 N.E.2d 1067 (Ind. Ct. App. 2003).
· cites it 8× “Credit for a High School Diploma Indiana Code section 35-50-6-3.3 provides, in pertinent part: *1070 (a) .”
Young v. State, 888 N.E.2d 1255 (Ind. 2008).
· cites it 4× “Discussion Indiana Code § 35-50-6-3.3 (Supp. 2007) governs “Credit time for successful completion of educational degree or certificate:” (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:…”
Cohn v. Strawhorn, 721 N.E.2d 342 (Ind. Ct. App. 1999).
· cites it 11× “CODE § 35-50-6-3.3. [1] Approximately one-half of the county jails offer GED programs to their inmates, including the DOC Jail Prisoners.”
Rodgers v. State, 705 N.E.2d 1039 (Ind. Ct. App. 1999).
· cites it 18× “Ind.Code § 35-50-6-3.3. Here, Rodgers completed the requirements for earning a GED while in credit Class I in a community corrections program.”
Fuller v. Meloy, 848 N.E.2d 1172 (Ind. Ct. App. 2006).
· cites it 12× “3(b)(3)(A) *1174 provides that a person may earn credit time while he or she is confined by the department of correction if, in addition to other requirements that are not at issue in this case, the person successfully completes a vocational education program approved by the…”
— Ind. Code § 35-50-6-3.3(5) — 1 case
— Ind. Code § 35-50-6-3.3(a) — 16 cases
Wilson v. State, 799 N.E.2d 51 (Ind. Ct. App. 2003).
“He raises one issue, which we restate as whether the denial of his petition was contrary to law because Wilson had earned educational credit time pursuant to Ind.Code § 35-50-6-3.3. [1] We affirm. FACTS AND PROCEDURAL HISTORY When this cause was before us previously, we set out…”
Diaz v. State, 753 N.E.2d 724 (Ind. Ct. App. 2001).
“program on February 24, 1999, and applied for credit time against his sentence, as provided by Ind.Code § 35-50-6-3.3. On March 19, 1999, the Department of Correction denied Diaz's request, stating that Diaz was not eligible for credit time because it had found him guilty of…”
McGee v. State, 790 N.E.2d 1067 (Ind. Ct. App. 2003).
“Credit for a High School Diploma Indiana Code section 35-50-6-3.3 provides, in pertinent part: *1070 (a) .”
Rodgers v. State, 705 N.E.2d 1039 (Ind. Ct. App. 1999).
“Ind.Code § 35-50-6-3.3. Here, Rodgers completed the requirements for earning a GED while in credit Class I in a community corrections program.”
— Ind. Code § 35-50-6-3.3(a)(1) — 1 case
— Ind. Code § 35-50-6-3.3(a)(2)(A) — 1 case
Miller v. Walker, 655 N.E.2d 47 (Ind. 1995).
“The educational credit statute here at issue, Ind.Code Ann. §§ 35-50-6-3.3 (a)(2)(A), -3.”
— Ind. Code § 35-50-6-3.3(a)(2)(D) — 1 case
Miller v. Walker, 655 N.E.2d 47 (Ind. 1995).
“The educational credit statute here at issue, Ind.Code Ann. §§ 35-50-6-3.3 (a)(2)(A), -3.”
— Ind. Code § 35-50-6-3.3(a)(3)(A) — 1 case
— Ind. Code § 35-50-6-3.3(a)(3)(B) — 2 cases
Samuels v. State, 849 N.E.2d 689 (Ind. Ct. App. 2006).
“Samuels is claiming that he is entitled to educational credit time pursuant to Indiana Code § 35-50-6-3.3 (Burns Code Ed.”
McGee v. State, 790 N.E.2d 1067 (Ind. Ct. App. 2003).
“Credit for a High School Diploma Indiana Code section 35-50-6-3.3 provides, in pertinent part: *1070 (a) .”
— Ind. Code § 35-50-6-3.3(a)(3)(C) — 2 cases
McGee v. State, 790 N.E.2d 1067 (Ind. Ct. App. 2003).
“Credit for a High School Diploma Indiana Code section 35-50-6-3.3 provides, in pertinent part: *1070 (a) .”
— Ind. Code § 35-50-6-3.3(a)(8B)(D) — 1 case
— Ind. Code § 35-50-6-3.3(b) — 10 cases
— Ind. Code § 35-50-6-3.3(b)(1) — 1 case
Miller v. Walker, 655 N.E.2d 47 (Ind. 1995).
“The educational credit statute here at issue, Ind.Code Ann. §§ 35-50-6-3.3 (a)(2)(A), -3.”
— Ind. Code § 35-50-6-3.3(b)(1)(c) — 1 case
— Ind. Code § 35-50-6-3.3(b)(3)(A) — 1 case
Fuller v. Meloy, 848 N.E.2d 1172 (Ind. Ct. App. 2006).
“3(b)(3)(A) *1174 provides that a person may earn credit time while he or she is confined by the department of correction if, in addition to other requirements that are not at issue in this case, the person successfully completes a vocational education program approved by the…”
— Ind. Code § 35-50-6-3.3(b)(3)(E) — 2 cases
— Ind. Code § 35-50-6-3.3(bD)(2)(B) — 1 case
Budd v. State, 935 N.E.2d 746 (Ind. Ct. App. 2010).
“In 1999, Section 35-50-6-3.3 was amended to provide that educational credit time was "subtracted from the release date that would otherwise apply to the person after subtracting all other credit time earned by the person.”
— Ind. Code § 35-50-6-3.3(c) — 4 cases
Samuels v. State, 849 N.E.2d 689 (Ind. Ct. App. 2006).
“Samuels is claiming that he is entitled to educational credit time pursuant to Indiana Code § 35-50-6-3.3 (Burns Code Ed.”
Budd v. State, 935 N.E.2d 746 (Ind. Ct. App. 2010).
“In 1999, Section 35-50-6-3.3 was amended to provide that educational credit time was "subtracted from the release date that would otherwise apply to the person after subtracting all other credit time earned by the person.”
— Ind. Code § 35-50-6-3.3(d) — 2 cases
Denney v. State, 773 N.E.2d 300 (Ind. Ct. App. 2002).
“DISCUSSION AND DECISION Denney contends that the post-conviction court erred when it denied him education credit time toward his term of imprisonment for completing a second vocational course.”
Fuller v. Meloy, 848 N.E.2d 1172 (Ind. Ct. App. 2006).
“3(b)(3)(A) *1174 provides that a person may earn credit time while he or she is confined by the department of correction if, in addition to other requirements that are not at issue in this case, the person successfully completes a vocational education program approved by the…”
— Ind. Code § 35-50-6-3.3(d)(1) — 1 case
Fuller v. Meloy, 848 N.E.2d 1172 (Ind. Ct. App. 2006).
“3(b)(3)(A) *1174 provides that a person may earn credit time while he or she is confined by the department of correction if, in addition to other requirements that are not at issue in this case, the person successfully completes a vocational education program approved by the…”
— Ind. Code § 35-50-6-3.3(d)(4) — 2 cases
Randolph v. Buss, 956 N.E.2d 38 (Ind. Ct. App. 2011).
“He contends the Indiana Department of Correction (IDOC) wrongly withheld a portion of educational credit time he earned pursuant to Ind.Code § 35-50-6-3.3. We affirm. FACTS AND PROCEDURAL HISTORY On October 2, 1995, Randolph was sentenced to twenty-eight years of incarceration.”
— Ind. Code § 35-50-6-3.3(d)(8) — 2 cases
— Ind. Code § 35-50-6-3.3(d)(9) — 1 case
— Ind. Code § 35-50-6-3.3(d)(l) — 1 case
Fuller v. Meloy, 848 N.E.2d 1172 (Ind. Ct. App. 2006).
“3(b)(3)(A) *1174 provides that a person may earn credit time while he or she is confined by the department of correction if, in addition to other requirements that are not at issue in this case, the person successfully completes a vocational education program approved by the…”
— Ind. Code § 35-50-6-3.3(e) — 4 cases
Randolph v. Buss, 956 N.E.2d 38 (Ind. Ct. App. 2011).
“He contends the Indiana Department of Correction (IDOC) wrongly withheld a portion of educational credit time he earned pursuant to Ind.Code § 35-50-6-3.3. We affirm. FACTS AND PROCEDURAL HISTORY On October 2, 1995, Randolph was sentenced to twenty-eight years of incarceration.”
Budd v. State, 935 N.E.2d 746 (Ind. Ct. App. 2010).
“In 1999, Section 35-50-6-3.3 was amended to provide that educational credit time was "subtracted from the release date that would otherwise apply to the person after subtracting all other credit time earned by the person.”
— Ind. Code § 35-50-6-3.3(h) — 1 case
Budd v. State, 935 N.E.2d 746 (Ind. Ct. App. 2010).
“In 1999, Section 35-50-6-3.3 was amended to provide that educational credit time was "subtracted from the release date that would otherwise apply to the person after subtracting all other credit time earned by the person.”
— Ind. Code § 35-50-6-3.3(h)(2)(B) — 1 case
Budd v. State, 935 N.E.2d 746 (Ind. Ct. App. 2010).
“In 1999, Section 35-50-6-3.3 was amended to provide that educational credit time was "subtracted from the release date that would otherwise apply to the person after subtracting all other credit time earned by the person.”
— Ind. Code § 35-50-6-3.3(i) — 2 cases
— Ind. Code § 35-50-6-3.3(j) — 1 case
Randolph v. Buss, 956 N.E.2d 38 (Ind. Ct. App. 2011).
“He contends the Indiana Department of Correction (IDOC) wrongly withheld a portion of educational credit time he earned pursuant to Ind.Code § 35-50-6-3.3. We affirm. FACTS AND PROCEDURAL HISTORY On October 2, 1995, Randolph was sentenced to twenty-eight years of incarceration.”
— Ind. Code § 35-50-6-3.3(n) — 1 case
Annotations are extracted automatically from the opinions in the
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