CRIMINAL LAWAND PROCEDURE
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only if the entity administering the course is rec-
ognized and accredited by the department of edu-
cation in the state where the entity is located.
35-50-6-4. Initial assignment of credit time.
(a) A person:
(1) who is not a credit restricted felon;
and
(2) who is imprisoned for a Level 6 felony
or a misdemeanor or imprisoned await-
ing trial or sentencing for a Level 6 felony
or misdemeanor;
is initially assigned to Class A.
(b) A person:
(1) who is not a credit restricted felon;
and
(2) who is imprisoned for a crime other
than a Level 6 felony or misdemeanor or
imprisoned awaiting trial or sentencing
for a crime other than a Level 6 felony or
misdemeanor;
is initially assigned to Class B.
(c) A person who is a credit restricted felon
and who is imprisoned for a crime or imprisoned
awaiting trial or sentencing is initially assigned to
Class C. A credit restricted felon may not be
assigned to Class A or Class B.
(d) A person who is not a credit restricted
felony may be reassigned to Class C or Class D
if the person violates any of the following:
(1) A rule of the department of correction.
(2) A rule of the penal facility in which the
person is imprisoned.
(3) A rule or condition of a community
transition program.
However, a violation of a condition of parole or
probation may not be the basis for reassignment.
Before a person may be reassigned to a lower
credit time class, the person must be granted a
hearing to determine the person’s guilt or inno-
cence and, if found guilty, whether reassignment
is an appropriate disciplinary action for the vio-
lation. The person may waive the right to a hear-
ing.
(e) A person who is a credit restricted felon
may be reassigned to Class D and a person who
is assigned to Class IV may be assigned to Class
III if the person violates any of the following:
(1) A rule of the department of correction.
(2) A rule of the penal facility in which the
person is imprisoned.
(3) A rule or condition of a community
transition program.
However, a violation of a condition of parole or
probation may not be the basis for reassignment.
Before a person may be reassigned to Class III or
Class D, the person must be granted a hearing to
determine the person’s guilt or innocence and, if
found guilty, whether reassignment is an appro-
priate disciplinary action for the violation. The
person may waive the right to the hearing.
(f) In connection with the hearing granted
under subsection (d) or (e), the person is entitled
to:
(1) have not less than twenty-four (24)
hours advance written notice of the date,
time and place of the hearing, and of the
alleged misconduct and the rule the mis-
conduct is alleged to have violated;
(2) have reasonable time to prepare for
the hearing;
(3) have an impartial decisionmaker;
(4) appear and speak in the person’s own
behalf;
(5) call witnesses and present evidence;
(6) confront and cross-examine each wit-
ness, unless the hearing authority finds
that to do so would subject a witness to a
substantial risk of harm;
(7) have the assistance of a lay advocate
(the department may require that the advo-
cate be an employee of, or a fellow pris-
oner in, the same facility or program);
(8) have a written statement of the findings
of fact, the evidence relied upon, and the
reasons for the action taken;
(9) have immunity if the person’s testi-
mony or any evidence derived from the
person’s testimony is used in any criminal
proceedings; and
(10)have the person’s record expunged of
any reference to the charge if the person is
found not guilty or if a finding of guilt is
later overturned.
Any finding of guilt must be supported by a
preponderance of the evidence presented at the
hearing.
