(a) A person:

1. (1) who is not a credit restricted felon; and

2. (2) who is imprisoned for a Level 6 felony or a misdemeanor or imprisoned awaiting trial or sentencing for a Level 6 felony or misdemeanor;

   is initially assigned to Class A.

(b) A person:

1. (1) who is not a credit restricted felon; and

2. (2) who is imprisoned for a crime other than a Level 6 felony or misdemeanor or imprisoned awaiting trial or sentencing for a crime other than a Level 6 felony or misdemeanor;

   is initially assigned to Class B.

(d) A person who is not a credit restricted felon may be reassigned to Class C or Class D if the person violates any of the following:

1. (1) A rule of the department of correction.
2. (2) A rule of the penal facility in which the person is imprisoned.

3. (3) A rule or condition of a community transition program.

   However, a violation of a condition of parole or probation may not be the basis for reassignment. Before a person may be reassigned to a lower credit time class, the person must be granted a hearing to determine the person's guilt or innocence and, if found guilty, whether reassignment is an appropriate disciplinary action for the violation. The person may waive the right to the hearing.

(e) A person who is a credit restricted felon may be reassigned to Class D and a person who is assigned to Class IV may be assigned to Class III if the person violates any of the following:

1. (1) A rule of the department of correction.
2. (2) A rule of the penal facility in which the person is imprisoned.

3. (3) A rule or condition of a community transition program.

   However, a violation of a condition of parole or probation may not be the basis for reassignment. Before a person may be reassigned to Class III or Class D, the person must be granted a hearing to determine the person's guilt or innocence and, if found guilty, whether reassignment is an appropriate disciplinary action for the violation. The person may waive the right to the hearing.

(f) In connection with the hearing granted under subsection (d) or (e), the person is entitled to:

1. (1) have not less than twenty-four (24) hours advance written notice of the date, time, and place of the hearing, and of the alleged misconduct and the rule the alleged misconduct is alleged to have violated;
2. (2) have reasonable time to prepare for the hearing;
3. (3) have an impartial decisionmaker;
4. (4) appear and speak in the person's own behalf;
5. (5) call witnesses and present evidence;
6. (6) confront and cross-examine each witness, unless the hearing authority finds that to do so would subject a witness to a substantial risk of harm;
7. (7) have the assistance of a lay advocate (the department may require that the advocate be an employee of, or a fellow prisoner in, the same facility or program);
8. (8) have a written statement of the findings of fact, the evidence relied upon, and the reasons for the action taken;
9. (9) have immunity if the person's testimony or any evidence derived from the person's testimony is used in any criminal proceedings; and

10. (10) have the person's record expunged of any reference to the charge if the person is found not guilty or if a finding of guilt is later overturned.

    Any finding of guilt must be supported by a preponderance of the evidence presented at the hearing.

(g) Except for a credit restricted felon, a person may be reassigned from:

1. (1) Class III to Class I, Class II or Class IV;
2. (2) Class II to Class I;
3. (3) Class D to Class A, Class B, or Class C;

4. (4) Class C to Class A or Class B.

   A person'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 person 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 was convicted. However, this section does not apply to any period during which the person is reassigned to a lower credit time class for a disciplinary violation.

As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.135; Acts 1979, P.L.120, SEC.12; P.L.90-2000, SEC.22; P.L.80-2008, SEC.4; P.L.158-2013, SEC.670; P.L.168-2014, SEC.123; P.L.44-2016, SEC.10; P.L.37-2023, SEC.5.