Indiana § 11-10-1-2 - Evaluation; information to consider; use of reports or other information; previous evaluations and information; citizenship and immigration status; provide requested information

§ 11-10-1-2. Evaluation; information to consider; use of reports or other information; previous evaluations and information; citizenship and immigration status; provide requested information

Sec. 2. (a) A committed criminal offender shall, within a reasonable time, be evaluated regarding:

(1) the offender's medical, psychological, educational, vocational, economic and social condition, and history;

(2) the circumstances surrounding the offender's present commitment;

(3) the offender's history of criminality;

(4) the citizenship or immigration status of the offender by making a reasonable effort to verify the offender's citizenship or immigration status with the United States Department of Homeland Security under 8 U.S.C. 1373(c); and

(5) any additional relevant matters.

(b) In making the evaluation prescribed in subsection (a), the department may utilize any presentence report, any presentence memorandum filed by the offender, any reports of any presentence physical or mental examination, the record of the sentencing hearing, or other information forwarded by the sentencing court or other agency, if that information meets the department's minimum standards for criminal offender evaluation.

(c) If an offender has undergone, within two (2) years before the date of the offender's commitment, a previous departmental evaluation under this section, the department may rely on the previous evaluation and the information used at that time. However, this subsection does not deprive an offender of the right to a medical and dental examination under IC 11-10-3.

(d) If the department is unable to verify the citizenship or immigration status of a committed criminal offender, the department shall notify the United States Department of Homeland Security that the citizenship or immigration status of the offender could not be verified. The department shall provide the United States Department of Homeland Security with any information regarding the committed criminal offender that:

(1) is requested by the United States Department of Homeland Security; and

(2) is in the department's possession or the department is able to obtain.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.171-2011, SEC.8.