(a) Before an offender may be assigned to a minimum security release program:

1. (1) the offender must be assigned to a minimum security classification in accord with IC 35-38-3 (any change in the degree of security, from minimum to a higher degree, whether the change occurs before or after assignment to a release program, renders the offender ineligible for participation in the release program, and the department shall take appropriate action for the offender's immediate removal from the release program and reassignment to a facility or program consistent with the offender's degree of security assignment); and

2. (2) the department must find that:

   1. (A) the offender is likely to respond affirmatively to the program;
   2. (B) it is reasonably unlikely that the offender will commit another crime while assigned to the program; and

   3. (C) the offender demonstrates reading and writing skills that meet minimum literacy standards:

      1. (i) developed by the department; and
      2. (ii) established under rules adopted by the department under IC 4-22-2 .

(b) The minimum literacy standards adopted by the department under subsection (a)(2)(C) must provide that an offender is exempt from those standards if the department determines that:

1. (1) the offender is unable to meet the minimum literacy standards as a result of a disability; or

2. (2) the length of the offender's sentence prevents the offender from achieving the minimum literacy standards before the expiration of the offender's sentence.

   As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.150-1987, SEC.1; P.L.23-1993, SEC.34; P.L.1-2005, SEC.124; P.L.1-2007, SEC.101.