Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 35-50-6-3.3, AS AMENDED BY P.L.90-2000,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 3.3. (a) In addition to any credit time a person
earns under subsection (b) or section 3 of this chapter, a person earns
credit time if the person:
(1) is in credit Class I;
(2) has demonstrated a pattern consistent with rehabilitation; and
(3) successfully completes requirements to obtain one (1) of the
following:
(A) A general educational development (GED) diploma under
IC 20-10.1-12.1, if the person has not previously obtained a
high school diploma.
(B) A high school diploma.
(C) An associate's degree from an approved institution of
higher learning (as defined under IC 20-12-21-3).
(D) A bachelor's degree from an approved institution of higher
learning (as defined under IC 20-12-21-3).
(b) In addition to any credit time that a person earns under
subsection (a) or section 3 of this chapter, a person may earn credit
time if, while confined by the department of correction, the person:
(1) is in credit Class I;
(2) demonstrates a pattern consistent with rehabilitation; and
from the release date that would otherwise apply to the person after
subtracting all other credit time earned by the person.
(f) A person does not earn credit time under subsection (a) unless
the person completes at least a portion of the degree requirements after
June 30, 1993.
(g) A person does not earn credit time under subsection (b) unless
the person completes at least a portion of the program requirements
after June 30, 1999.
(h) Subsection (e) applies only to a person who completes at least
a portion of the degree or program requirements under subsection (a)
or (b) after June 30, 1999. Credit time earned by a person under
subsection (a) for a diploma or degree completed before July 1, 1999,
shall be subtracted from:
(1) the release date that would otherwise apply to the person
after subtracting all other credit time earned by the person,
if the person has not been convicted of an offense described in
subdivision (2); or
(2) the period of imprisonment imposed on the person by the
sentencing court, if the person has been convicted of one (1) of
the following crimes:
(A) Rape (IC 35-42-4-1).
(B) Criminal deviate conduct (IC 35-42-4-2).
(C) Child molesting (IC 35-42-4-3).
(D) Child exploitation (IC 35-42-4-4(b)).
(E) Vicarious sexual gratification (IC 35-42-4-5).
(F) Child solicitation (IC 35-42-4-6).
(G) Child seduction (IC 35-42-4-7).
(H) Sexual misconduct with a minor as a Class A felony,
Class B felony, or Class C felony (IC 35-42-4-9).
(I) Incest (IC 35-46-1-3).
(J) Sexual battery (IC 35-42-4-8).
(K) Kidnapping (IC 35-42-3-2), if the victim is less than
eighteen (18) years of age.
(L) Criminal confinement (IC 35-42-3-3), if the victim is
less than eighteen (18) years of age.
(M) An attempt or a conspiracy to commit a crime listed in
clauses (A) through (L).
(i) The maximum amount of credit time a person may earn under
this section is the lesser of:
(1) four (4) years; or
(2) one-third (1/3) of the person's total applicable credit time.
(j) The amount of credit time earned under this section is reduced
to the extent that application of the credit time would otherwise result
in:
(1) postconviction release (as defined in IC 35-40-4-6); or
(2) assignment of the person to a community transition program;
in less than forty-five (45) days after the person earns the credit time.
(k) A person may earn credit time for multiple degrees at the
same education level under subsection (d) only in accordance with
guidelines approved by the department of correction. The
department of correction may approve guidelines for proper
sequence of education degrees under subsection (d).