CRIMINAL LAWAND PROCEDURE
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(g) Except for a credit restricted felon, a per-
son may be reassigned from:
(1) Class III to Class I, Class II, or Class
IV;
(2) Class II to Class I;
(3) Class D to Class A, Class B, or Class
C;
(4) Class C to Class A or Class B.
Aperson’s assignment to Class III, Class II, Class
C, or Class D shall be reviewed at least once
every six (6) months to determine if the person
should be reassigned to a higher credit time class.
A credit restricted felon may not be reassigned to
Class I or Class II or to Class A, Class B, or Class
C.
(h) This subsection applies only to a person
imprisoned awaiting trial. A person imprisoned
awaiting trial is initially assigned to a credit class
based on the most serious offense with which the
person is charged. If all the offenses of which a
person is convicted have a higher credit time class
than the most serious offense with which the per-
son is charged, the person earns credit time for the
time imprisoned awaiting trial at the credit time
class of the most serious offense of which the
person is convicted. However, this section does
not apply to any period during which the person
is reassigned to a lower credit time class for a dis-
ciplinary violation.
35-50-6-5. Violations; deprivation of credit
time.
(a) A person may, with respect to the same
transaction, be deprived of any part of the credit
time the person has earned for any of the follow-
ing:
(1) A violation of one (1) or more rules of
the department of correction.
(2) If the person is not committed to the
department, a violation of one (1) or more
rules of the penal facility in which the per-
son is imprisoned.
(3) A violation of one (1) or more rules or
conditions of a:
(A) community transition program; or
(B) community corrections program.
(4) If a court determines that a civil claim
brought by the person in a state or an
administrative court is frivolous, unrea-
sonable, or groundless.
(5) If the person is a sex offender (as
defined in IC 11-8-8-5) and refuses to reg-
ister before being released from the depart-
ment as required under IC 11-8-8-7.
(6) If the person is a sex offender (as
defined in IC 11-8-8-5) and refuses to par-
ticipate in a sex offender treatment program
specifically offered to the sex offender by
the department of correction while the per-
son is serving a period of incarceration
with the department of correction.
However, the violation of a condition or parole or
probation may not be the basis for deprivation.
Whenever a person is deprived of credit time,
the person may also be reassigned to Class II (if
the person is not a credit restricted felon) or Class
III, Class C, or Class D.
(b) Before a person may be deprived of earned
credit time, the person must be granted a hearing
to determine the person’s guilt or innocence and,
if found guilty, whether deprivation of earned
credit time is an appropriate disciplinary action for
the violation. In connection with the hearing, the
person is entitled to the procedural safeguards
listed in section 4(c) of this chapter. The person
may waive the person’s right to the hearing.
(c) Any part of the credit time to which a per-
son is deprived under this section may be restored.
35-50-6-5.5. Appeal.
A person who has been reassigned to a lower
credit time class or has been deprived of earned
credit time may appeal the decision to the com-
missioner of the department of correction or the
sheriff.
35-50-6-6. Degree of security not a factor in
assignment of credit time.
(a) A person imprisoned for a crime earns
credit time irrespective of the degree of security
to which he is assigned. Except as set forth under
IC 35-38-2.5-5, a person does not earn credit time
while on parole or probation.
(b) A person imprisoned upon revocation of
parole is initially assigned to the same credit time
class to which he was assigned at the time he
was released on parole.
(c) A person who, upon revocation of parole,
