(a) The commissioner may transfer a committed delinquent offender to an adult facility or program according to the following requirements:

1. (1) The offender must be seventeen (17) years of age or older at the time of transfer.

2. (2) The department must determine that:

   1. (A) either the offender is incorrigible to the degree that his presence at a facility or program for delinquent offenders is seriously detrimental to the welfare of other offenders, or the transfer is necessary for the offender's own physical safety or the physical safety of others; and
   2. (B) there is no other action reasonably available to alleviate the problem.
3. (3) No offender may be transferred to the Indiana state prison or the Pendleton Correctional Facility.

(b) The offender is under the full custody of the adult facility or program to which he is transferred until he is returned to a facility or program for delinquent offenders, except that his parole or discharge from the department shall be determined under IC 11-13-6 .

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.12-1996, SEC.9.