220 Ind. Admin. Code 1.1-2-2

Current through May 29, 2024
Section 220 IAC 1.1-2-2 - Board meetings and hearings

Authority: IC 11-9-1-2

Affected: IC 11-9-1-3

Sec. 2.

(a) Meetings.
(1) A quorum of the board must meet at each of the facilities under its jurisdiction at such times as may be necessary for a full study of the cases of the offenders eligible for a parole appearance. Prior to January 1, the chairman will establish and make available a tentative schedule of regular institutional meetings for the year. The final schedule of institutional meetings shall be established by the chairman and made available not less than thirty (30) days in advance of the month in which the hearings will be held. This schedule shall be adhered to except in emergencies or other circumstances as determined by the chairman.
(2) The chairman may call other meetings of the board as necessary to conduct business.
(3) Three (3) members of the board constitute a quorum. No meeting shall be held in the absence of a quorum, except as provided in IC 11-9-1-3.
(4) The board shall take no action upon any matter requiring a board action unless at least three (3) board members are in agreement on the action.
(5) Except for executive sessions, all meetings of the board, including parole, clemency and parole violation hearings, are public meetings and any person may attend and observe the proceedings. However, persons desiring to attend meetings at institutions shall be subject to all regulations and policies of the department and/or the institution at which the meeting is being held, including regulations or policies which restrict admission into the institution.
(6) Observers may record all board meetings, except executive sessions, with cameras or other recording devices permitted by the institution in which the meeting is being held. However, observers shall not disrupt hearings through the use of such equipment. The chairman shall have the authority to take such actions as are necessary to minimize any disruption and to assure a fair hearing, while preserving the right of observers to record the proceedings.
(7) A person wishing to have his or her views known to the board may do so by sending a signed letter to the board or by scheduling a conference with one (1) or more of the board members. A meeting with less than a quorum of the board is not a meeting of the board.
(b) Hearings.
(1) Any person may attend and observe any hearing. However, persons desiring to attend hearings at institutions shall be subject to all regulations and policies of the department and/or the institution at which the hearing is being held, including regulations which restrict admission into the institution.
(2) No observer may address or in any manner communicate with an offender during a hearing. Any observer violating this provison [sic.] may, at the discretion of the chairman, be removed from the meeting room.
(3) No observer may address the board during a parole, clemency or parole violation hearing at which an offender is present, unless expressly authorized by the chairman.
(4) No offender currently committed to the department, other than the offender whose hearing it is, may observe any hearing unless expressly authorized by the chairman.

220 IAC 1.1-2-2

Parole Board; 220 IAC 1.1-2-2; filed Feb 20, 1981, 9:30 am: 4 IR 496; filed Jun 15, 1987, 2:45 pm: 10 IR 2490; readopted filed Nov 8, 2001, 1:15 p.m.: 25 IR 935; readopted filed Sep 5, 2007, 2:32 p.m.: 20070919-IR-220070371RFA; readopted filed Dec 2, 2013, 2:09 p.m.: 20140101-IR-220130484RFA