What is an Annual Review of Committed Offenders?
In Indiana, when a person is convicted of a criminal offense and is sentenced to a term of incarceration, there are statutory requirements for review to which the Department of Corrections must adhere. In other words, the defendant must undergo an evaluation annually for purposes of determining the appropriate degree of security, the facility or program to which the defendant is assigned, assignment for medical services, and assignment for employment, education, and training. The process in general is known as “classification-assignment” under Indiana Code Sections 11-10-1-1 through 11-10-1-7.
Our Indianapolis criminal defense lawyers can provide you with more information about this evaluation process and the required annual review.
Requirement for an Annual Review
An initial evaluation is conducted when someone is convicted of a criminal offense and receives a sentence that includes a term of incarceration. That initial evaluation is designed to determine the degree of security necessary for the person and thus the facility where they will be incarcerated (i.e., maximum, medium, or minimum). It is also designed to determine the appropriate assignment of the individual to certain programs and services.
At least every year, an annual review of the classification-assignment must occur. Indiana Code Section 11-10-1-6 specifically states:
“The department shall, at least annually, review…every committed offender not on parole to determine the appropriateness of his current classification and assignment and to make a classification-assignment decision based upon that review.”
In completing an annual review, the individual must be interviewed, and the interview must include a discussion of “the information on which the decision will be based.” The individual has an opportunity “to challenge that information and present pertinent information of his own.” The classification-assignment decision must then be presented to the individual in writing, along with reasons for the specific classification-assignment decision.
Factors that Go Into an Assignment
After an individual’s security classification is determined, any evaluation must consider a range of factors to determine the assignment of the person. Those statutory factors include but are not limited to:
- Evaluation results;
- Security classification;
- Need for therapy or programs, including those related to employment or education or training;
- Likelihood of reintegration into the community;
- Desirability of keeping the person in the geographic area;
- Offender’s wishes;
- Facility population levels; and
- Length of the prison sentence.
An annual review can be critical for an offender to receive the education or training they need for a future life outside prison, and to be near to family and loved ones.
Contact an Indianapolis Criminal Defense Lawyer Today
An annual review can be crucial for a person who has been convicted of an offense to be able to move to a different security classification and a site of incarceration closer to home, for example, or to be able to receive certain training or health care. If you have any concerns about how this process has worked for you or for an incarcerated loved one, you should seek legal advice from a criminal defense lawyer in Indiana. One of the experienced Indianapolis criminal defense attorneys at Rigney Law LLC can learn more about the circumstances of your case today and can provide you with more information about your rights and options under Indiana law.
Sources:
law.justia.com/codes/indiana/title-11/article-10/chapter-1/section-11-10-1-6/
law.justia.com/codes/indiana/title-11/article-10/chapter-1/section-11-10-1-3/
