Indiana Administrative Code
Title 210 - DEPARTMENT OF CORRECTION
Article 1 - GENERAL PROVISIONS
Rule 4 - Transfer of Inmate to Mental Hospital for Psychiatric Care
Section 4-8 - Standards for pre-transfer hearing
Current through March 20, 2024
Authority: IC 11-8-2-5; IC 11-8-2-10
Affected: IC 11-10-4
Sec. 8.
If the Commissioner of the Department of Correction or his designee receives the written request for a pre-transfer hearing, the following minimum standards will be followed:
(a) Notice shall be given to the inmate informing him/her of time, place, and reason for the hearing at least seven days prior to the hearing, and must be given in both written and verbal form;
(b) a copy of the psychiatrist's report, with a recommendation for transfer, shall be given to the inmate at the time the notice of hearing is given;
(c) the inmate shall have the right to appear in person in order to present evidence and to cross-examine witnesses. He/she may be represented by counsel or other personal representation;
(d) a written decision must be impartially reached upon the evidence presented at the hearing, and stating the evidence relied upon in reaching that decision;
(e) one copy of the written decision and the hearing proceedings shall be retained in the inmate's packet.
