210 Ind. Admin. Code 1-5-1

Current through December 4, 2024

Section 210 IAC 1-5-1 - Temporary leaves; purpose and conditions

Authority: IC 11-8-2-5; IC 11-8-2-10

Affected: IC 11-10-9-2

Sec. 1.

(1) As per House Enrolled Act 1189, which became Public Law 103[Codified as IC 11-7-9-10.5. Repealed by P.L. 120-1979, SECTION 22. See, IC 11-10-9-2 concerning temporary releases.] on July 1, 1973, inmates incarcerated in Indiana Department of Correction Facilities may be granted temporary leave for the purposes of:

(a) to visit a spouse, child (including a stepchild or adopted child), parent (including a stepparent or foster parent), grandparent (including stepgrandparent) or brother or sister who is seriously ill or to attend the funeral of any such person; or

(b) to obtain medical, psychiatric or psychological services when adequate services are not otherwise available; or

(c) to make contacts for employment; or

(d) to secure a residence upon release on parole or discharge; or

(e) to visit such person's family; or

(f) to appear before various educational panels, study groups, educational units, and other groups whose purpose is obtaining an understanding of the results, causes and prevention of crime and criminality, including appearances on television and radio programs; Provided, that such appearances shall be subject to the specific approval of the warden, or the superintendent of the institution, or the work release director, all under the direction of the commissioner.

The following are the conditions under which inmates may temporarily leave a facility of the Department of Correction:

(2) Temporary leaves shall be approved by the Chief Administrative Officer of the place of confinement or such person or committee as he shall designate.

(3) Any inmate being granted leave shall be subject to security requirements of each particular institution for each inmate.

(4) In determining the eligibility for temporary leave the Chief Administrative Officer of the place of confinement of any inmate applying for such temporary leave shall consider, but not be limited to, the following:

(a) the individual's instant crime;

(b) criminal history involving the death or personal injury of the victim;

(c) history of escapes from lawful confinement;

(d) history of illegal sexual acts;

(e) poor institutional conduct.

(5) Temporary leave may be granted only for prescribed areas within the boundaries of the State of Indiana. Any inmate shall remain within the geographical limit designated for his or her individual leave.

(6) The length of any temporary leave authorized shall be for the minimum time necessary to accomplish the specific purpose for which the leave is authorized, provided that no leave shall exceed three (3) days (Seventy-two 72 hours).

(7) Inmates shall not be eligible to receive more than two temporary leaves in any six months period except;

(a) for leaves under Rule 1a and 1b [subsections (1)(a) and (1)(b) of this section];

(1) "Seriously ill" as stated in Rule 1a [subsection (1)(a) of this section] is defined as terminal illness or critical illness as verified by a licensed physician;

(b) inmates approved for work release assignment to make contact for employment;

(c) leaves under Rule 1c, 1d, and 1e [subsections (1)(c)-(1)(e) of this section] within 60 days of inmate's eligible release date.

(1) "Eligible Release Date" is defined as discharge date or parole release date as set by the Parole Board.

(8) Leaves under Rule 1c, 1d, and 1e [subsections (1)(c)-(1)(e) of this section] shall be granted only within 60 days of the inmate's eligible release date; provided, however, that an inmate approved for work release assignments may be granted a leave to make contacts for employment.

(9) Temporary leave to obtain medical, psychiatric or psychological services when adequate services are not otherwise available will be granted only after the institutional Medical Director, Psychologist or Consulting Psychiatrist confirms in writing that the leave is essential.

(10) After considering the special request of each individual inmate applying for temporary leave, the Chief Administrative Officer of the place of confinement may require:

(a) any inmate to be escorted by a Department of Correction employee for any part of or duration of the temporary leave;

(b) that the inmate shall comply with any extra security precaution determined by and within the discretion of said Chief Administrative Officer;

(c) any applying inmate to have an approved member of the inmate's family or other person as an escort.

(11) The Chief Administrative Officer of the place of confinement may authorize an inmate to have a temporary leave without an escort.

(12) All inmates on temporary leave are subject to all State and Federal laws.

(13) The violation of any law or any part of the policy governing temporary leave by any inmate on temporary leave shall subject that inmate to:

(a) penalties attached to any such law violation;

(b) forfeiture of the privilege for participation in the Temporary Leave Program;

(c) any further restrictions or change in classification warranted.

(14) Inmates shall accept the responsibility for returning to their place of confinement within the specified time limits of their individual leaves.

(15) The use, possession, or securing of alcoholic beverages, or any other drug or intoxicant by inmates on temporary leave is strictly forbidden except as prescribed by a licensed physician.

(16) Inmates on temporary leave shall not operate any motor vehicle.

(17) Inmates on temporary leave shall use public transportation or such transportation as is approved by the Chief Administrative Officer of the place of confinement. Such approved transportation shall be in the form of auto or truck.

(18) Should advice or assistance be needed while on temporary leave the inmate shall call his or her place of confinement or center, the local parole officer, the Department of Correction, the local sheriff or police department.

(19) Should any inmate be involved in an accident or other situations which might prevent his or her return from leave within the specific time limits, that inmate or other persons shall immediately or as soon as possible call his or her place of confinement or Center or the Department of Correction and then turn himself over to the local parole officer or sheriff.

(20) Any inmate on temporary leave shall at all times carry on his or her person identification provided by the place of confinement.

(21) Upon returning to the place of confinement from a temporary leave the inmate shall not be authorized to retain any personal property which he did not possess prior to going on the temporary leave.

210 IAC 1-5-1

Department of Correction; Temporary Leaves Rule 1-21; filed May 22, 1974, 8:40 am: Rules and Regs. 1975, p. 229; readopted filed Nov 15, 2001, 10:42 a.m.: 25 IR 1269; readopted filed Jul 6, 2007, 2:54 p.m.: 20070725-IR-210070277RFA; readopted filed Dec 2, 2013, 2:07 p.m.: 20140101-IR-210130485RFA

Readopted filed 11/10/2020, 3:02 p.m.: 20201209-IR-210200474RFA