Indiana § 35-38-2-3 - Violation of conditions of probation

§ 35-38-2-3. Violation of conditions of probation

Sec. 3. (a) The court may revoke a person's probation if:

(1) the person has violated a condition of probation during the probationary period; and

(2) the petition to revoke probation is filed during the probationary period or before the earlier of the following:

(A) One (1) year after the termination of probation.

(B) Forty-five (45) days after the state receives notice of the violation.

(b) When a petition is filed charging a violation of a condition of probation, the court may:

(1) order a summons to be issued to the person to appear; or

(2) order a warrant for the person's arrest if there is a risk of the person's fleeing the jurisdiction or causing harm to others.

(c) The issuance of a summons or warrant tolls the period of probation until the final determination of the charge.

(d) Except as provided in subsection (e), the court shall conduct a hearing concerning the alleged violation. The court may admit the person to bail pending the hearing. A person who is not admitted to bail pending the hearing may not be held in jail for more than fifteen (15) days without a hearing on the alleged violation of probation.

(e) A person may admit to a violation of probation and waive the right to a probation violation hearing after being offered the opportunity to consult with an attorney. If the person admits to a violation and requests to waive the probation violation hearing, the probation officer shall advise the person that by waiving the right to a probation violation hearing the person forfeits the rights provided in subsection (f). The sanction administered must follow the schedule of progressive probation violation sanctions adopted by the judicial conference of Indiana under IC 11-13-1-8.

(f) Except as provided in subsection (e), the state must prove the violation by a preponderance of the evidence. The evidence shall be presented in open court. The person is entitled to confrontation, cross-examination, and representation by counsel.

(g) Probation may not be revoked for failure to comply with conditions of a sentence that imposes financial obligations on the person unless the person recklessly, knowingly, or intentionally fails to pay.

(h) If the court finds that the person has violated a condition at any time before termination of the period, and the petition to revoke is filed within the probationary period, the court may impose one (1) or more of the following sanctions:

(1) Continue the person on probation, with or without modifying or enlarging the conditions.

(2) Extend the person's probationary period for not more than one (1) year beyond the original probationary period.

(3) Order execution of all or part of the sentence that was suspended at the time of initial sentencing.

(i) If the court finds that the person has violated a condition of home detention at any time before termination of the period, and the petition to revoke probation is filed within the probationary period, the court shall:

(1) order one (1) or more sanctions as set forth in subsection (h); and

(2) provide accrued time and good time credit, if applicable, as set forth under IC 35-38-2.5-5.

(j) If the court finds that the person has violated a condition during any time before the termination of the period, and the petition is filed under subsection (a) after the probationary period has expired, the court may:

(1) reinstate the person's probationary period, with or without enlarging the conditions, if the sum of the length of the original probationary period and the reinstated probationary period does not exceed the length of the maximum sentence allowable for the offense that is the basis of the probation; or

(2) order execution of all or part of the sentence that was suspended at the time of the initial sentencing.

(k) If the court finds that the person has violated a condition of home detention during any time before termination of the period, and the petition is filed under subsection (a) after the probation period has expired, the court shall:

(1) order a sanction as set forth in subsection (j); and

(2) provide accrued time and good time credit, if applicable, as set forth under IC 35-38-2.5-5.

(l) A judgment revoking probation is a final appealable order.

(m) Failure to pay fines or costs (including fees) required as a condition of probation may not be the sole basis for commitment to the department of correction.

(n) Failure to pay fees or costs assessed against a person under IC 33-40-3-6, IC 33-37-2-3(e), or IC 35-33-7-6 is not grounds for revocation of probation.

As added by P.L.311-1983, SEC.3. Amended by P.L.67-1990, SEC.12; P.L.214-1991, SEC.1; P.L.240-1991(ss2), SEC.94; P.L.1-1992, SEC.179; P.L.216-1996, SEC.15; P.L.166-2001, SEC.1; P.L.98-2004, SEC.152; P.L.13-2005, SEC.1; P.L.156-2007, SEC.5; P.L.48-2008, SEC.1; P.L.106-2010, SEC.11; P.L.147-2012, SEC.10; P.L.74-2015, SEC.21.

IC 35-38-2.5Chapter 2.5. Home Detention

35-38-2.5-1Offenders to which chapter applies 35-38-2.5-2"Home" 35-38-2.5-2.3"Constant supervision" 35-38-2.5-2.5"Contract agency" 35-38-2.5-3"Monitoring device" 35-38-2.5-4"Offender" 35-38-2.5-4.5"Security risk" 35-38-2.5-4.7"Violent offender" 35-38-2.5-5Home detention as condition of probation 35-38-2.5-5.5Home detention 35-38-2.5-6Orders for home detention; contents 35-38-2.5-7Home detention; where permitted 35-38-2.5-8Home detention fees 35-38-2.5-9Responsibility for food, housing, and related costs 35-38-2.5-10Violation of home detention; violent offender status; contract agencies 35-38-2.5-11Monitoring devices; information to offender 35-38-2.5-12Supervision of violent offender on home detention 35-38-2.5-13Repealed

IC 35-38-2.5-1Offenders to which chapter applies Sec. 1. This chapter applies to adult offenders and to juveniles who have committed a delinquent act that would be a crime if committed by an adult.

As added by P.L.98-1988, SEC.6.

IC 35-38-2.5-2"Home" Sec. 2. As used in this chapter, "home" means:

(1) the interior living area of the temporary or permanent residence of an offender; or

(2) if the offender's residence is a multi-family dwelling, the unit in which the offender resides, and not the:

(A) halls or common areas outside the unit where the offender resides; or

(B) other units, occupied or unoccupied, in the multi-family dwelling.

The term includes a hospital, health care facility, hospice, group home, maternity home, residential treatment facility, and boarding house. The term does not include a public correctional facility.

As added by P.L.98-1988, SEC.6. Amended by P.L.117-1990, SEC.5; P.L.137-2001, SEC.1; P.L.105-2010, SEC.11.

IC 35-38-2.5-2.3"Constant supervision" Sec. 2.3. As used in this chapter, "constant supervision" means monitoring a violent offender in accordance with the requirements described in IC 35-38-2.7.

As added by P.L.137-2001, SEC.2. Amended by P.L.84-2022, SEC.12.

IC 35-38-2.5-2.5"Contract agency" Sec. 2.5. As used in this chapter, "contract agency" means an agency or a company that contracts with a community corrections program or a probation department to monitor an offender or alleged offender using a monitoring device.

As added by P.L.31-2005, SEC.1.

IC 35-38-2.5-3"Monitoring device" Sec. 3. (a) As used in this chapter, "monitoring device" means an electronic device that:

(1) can record or transmit information twenty-four (24) hours each day regarding an offender's precise location;

(2) is minimally intrusive upon the privacy of the offender or other persons residing in the offender's home;

(3) with the written consent of the offender and with the written consent of other persons residing in the home at the time an order for home detention is entered, may record or transmit:

(A) a visual image;

(B) an electronic communication or any sound; or

(C) information regarding the offender's activities while inside the offender's home; and

(4) can notify a probation department, a community corrections program, the parole board, a pretrial services agency, or a contract agency if the offender violates the terms of a home detention order.

(b) The term includes any device that can reliably determine the location of an offender and track the locations where the offender has been, including a device that uses a global positioning system satellite service.

(c) The term does not include an unmanned aerial vehicle (as defined in IC 35-31.5-2-342.3).

As added by P.L.98-1988, SEC.6. Amended by P.L.31-2005, SEC.2; P.L.170-2014, SEC.25; P.L.84-2022, SEC.13.

IC 35-38-2.5-4"Offender" Sec. 4. As used in this chapter, "offender" has the meaning set forth in IC 11-8-1-9.

As added by P.L.98-1988, SEC.6.

IC 35-38-2.5-4.5"Security risk" Sec. 4.5. As used in this chapter, "security risk" has the meaning set forth in IC 35-31.5-2-290.

As added by P.L.137-2001, SEC.3. Amended by P.L.240-2019, SEC.3.

IC 35-38-2.5-4.7"Violent offender" Sec. 4.7. As used in this chapter, "violent offender" has the meaning set forth in IC 35-31.5-2-352.

As added by P.L.137-2001, SEC.4. Amended by P.L.123-2002, SEC.32; P.L.55-2003, SEC.2; P.L.31-2005, SEC.3; P.L.126-2012, SEC.51; P.L.240-2019, SEC.4.

IC 35-38-2.5-5Home detention as condition of probation Sec. 5. (a) Except as provided in section 5.5 of this chapter, as a condition of probation a court may order an offender confined to the offender's home for a period of home detention.

(b) The period of home detention may be consecutive or nonconsecutive, as the court orders. However, the aggregate time actually spent in home detention must not exceed the maximum term of imprisonment prescribed for the crime committed by the offender.

(c) The court may order supervision of an offender's home detention to be provided by the probation department for the court or by a community corrections program that provides supervision of home detention.

(d) A person's term of confinement on home detention under this chapter is computed on the basis of accrued time on home detention plus any good time credit.

(e) A person confined on home detention as a condition of probation receives one (1) day of accrued time for each day the person is confined on home detention.

(f) In addition to accrued time under subsection (e), a person confined on home detention as a condition of probation is entitled to earn good time credit under IC 35-50-6-3 or IC 35-50-6-3.1. A person confined on home detention as a condition of probation may not earn educational credit under IC 35-50-6-3.3.

(g) A person confined on home detention may be deprived of earned good time credit if the person violates a condition of probation.

As added by P.L.98-1988, SEC.6. Amended by P.L.20-1994, SEC.2; P.L.137-2001, SEC.5; P.L.166-2001, SEC.2; P.L.168-2014, SEC.59; P.L.74-2015, SEC.22; P.L.149-2016, SEC.90; P.L.21-2018, SEC.1; P.L.72-2023, SEC.4.

IC 35-38-2.5-5.5Home detention Sec. 5.5. (a) Except as provided in subsection (b), a court in one (1) county may not place an offender who resides in another county on home detention in the other county unless:

(1) the offender is eligible for home detention in the county in which the person resides; and

(2) supervision of the offender will be conducted by the probation department or community corrections program located in the county in which the offender resides.

(b) If the offender described in subsection (a) resides in a county that is adjacent to the county in which the sentencing court is located, the supervision of the offender may be conducted by either the:

(1) probation department; or

(2) community corrections program;

located in the county in which the sentencing court is located.

(c) All home detention fees described in section 8 of this chapter shall be collected by the probation department or community corrections program that supervises the offender.

(d) A probation department or community corrections program that supervises an offender on home detention is responsible for the expenses of the supervision.

As added by P.L.137-2001, SEC.6. Amended by P.L.48-2008, SEC.2.

IC 35-38-2.5-6Orders for home detention; contents Sec. 6. An order for home detention of an offender under section 5 of this chapter must include the following:

(1) A requirement that the offender be confined to the offender's home at all times except when the offender is:

(A) working at employment approved by the court or traveling to or from approved employment;

(B) unemployed and seeking employment approved for the offender by the court;

(C) undergoing medical, psychiatric, mental health treatment, counseling, or other treatment programs approved for the offender by the court;

(D) attending an educational institution or a program approved for the offender by the court;

(E) attending a regularly scheduled religious service at a place of worship;

(F) participating in a community work release or community restitution or service program approved for the offender by the court; or

(G) participating in any other activity approved for the offender by the court.

(2) Notice to the offender that violation of the order for home detention may subject the offender to prosecution for the crime of escape under IC 35-44.1-3-4.

(3) A requirement that the offender abide by a schedule prepared by the probation department, or by a community corrections program ordered to provide supervision of the offender's home detention, specifically setting forth the times when the offender may be absent from the offender's home and the locations the offender is allowed to be during the scheduled absences.

(4) A requirement that the offender is not to commit another crime during the period of home detention ordered by the court.

(5) A requirement that the offender obtain approval from the probation department or from a community corrections program ordered to provide supervision of the offender's home detention before the offender changes residence or the schedule described in subdivision (3).

(6) A requirement that the offender maintain:

(A) a working telephone, cellular telephone, or other wireless or cellular communications device in the offender's home; and

(B) if ordered by the court, a monitoring device in the offender's home or on the offender's person, or both.

(7) A requirement that the offender pay a home detention fee set by the court in addition to the probation user's fee required under IC 35-38-2-1 or IC 31-40. However, the fee set under this subdivision may not exceed the maximum fee specified by the department of correction under IC 11-12-2-12.

(8) A requirement that the offender abide by other conditions of probation set by the court under IC 35-38-2-2.3.

(9) A requirement that an offender:

(A) who is described in IC 10-13-6-10(a);

(B) who has not previously provided a DNA sample in accordance with IC 10-13-6; and

(C) whose sentence does not involve a commitment to the department of correction;

provide a DNA sample.

As added by P.L.98-1988, SEC.6. Amended by P.L.1-1991, SEC.199; P.L.240-1991(ss2), SEC.95; P.L.1-1997, SEC.147; P.L.32-2000, SEC.24; P.L.140-2006, SEC.28 and P.L.173-2006, SEC.28; P.L.1-2007, SEC.228; P.L.126-2012, SEC.52; P.L.111-2017, SEC.11; P.L.21-2018, SEC.2.

IC 35-38-2.5-7Home detention; where permitted Sec. 7. (a) A court may not order home detention for an offender unless the offender agrees to abide by all of the requirements set forth in the court's order issued under this chapter.

(b) A court may not order home detention for an offender who is being held under a detainer, warrant, or process issued by a court of another jurisdiction.

(c) A court may not order home detention for an offender who has been convicted of a sex offense under IC 35-42-4 or IC 35-46-1-3 unless:

(1) the home detention is supervised by a court approved home detention program; and

(2) the conditions of home detention:

(A) include twenty-four (24) hour per day supervision of the offender; and

(B) require the use of surveillance equipment and a monitoring device that can transmit information twenty-four (24) hours each day regarding an offender's precise location.

As added by P.L.98-1988, SEC.6. Amended by P.L.144-1995, SEC.3; P.L.55-2003, SEC.3; P.L.31-2005, SEC.4.

IC 35-38-2.5-8Home detention fees Sec. 8. (a) All home detention fees collected by a county based probation department shall be transferred to the county treasurer who shall deposit the fees into the county supplemental adult or juvenile probation services fund. The expenses of administering a home detention program, including the purchase of monitoring devices and other supervision expenses shall be paid from the fund.

(b) All home detention fees collected by the probation department of a city or town court shall be transferred to the fiscal officer of the city or town who shall deposit the fees into the local supplemental adult or juvenile probation services fund. The expenses of administering a home detention program, including the purchase of monitoring devices and other supervision expenses shall be paid from the fund.

(c) All home detention fees collected by a community corrections program, except any funds received by a community corrections program under IC 11-12, shall be deposited into the community corrections home detention fund established for the county under IC 11-12-7-1. The expenses of administering a community corrections home detention program, including the purchase of monitoring devices and other supervision expenses shall be paid from the fund.

As added by P.L.98-1988, SEC.6. Amended by P.L.104-1997, SEC.7.

IC 35-38-2.5-9Responsibility for food, housing, and related costs Sec. 9. An offender ordered to undergo home detention under section 5 of this chapter is responsible for providing food, housing, clothing, medical care, and other treatment expenses. The offender is eligible to receive government benefits allowable for persons on probation, parole, or other conditional discharge from confinement.

As added by P.L.98-1988, SEC.6.

IC 35-38-2.5-10Violation of home detention; violent offender status; contract agencies Sec. 10. (a) Each probation department or community corrections program shall establish written criteria and procedures for determining whether an offender or alleged offender that the department or program supervises on home detention qualifies as a violent offender.

(b) A probation department or community corrections program shall use the criteria and procedures established under subsection (a) to establish a record keeping system that allows the department or program to quickly determine whether an offender or alleged offender who violates the terms of a home detention order is a violent offender.

(c) A probation department or a community corrections program charged by a court with supervision of offenders and alleged offenders ordered to undergo home detention shall provide all law enforcement agencies (including any contract agencies) having jurisdiction in the place where the probation department or a community corrections program is located with a list of offenders and alleged offenders under home detention supervised by the probation department or the community corrections program. The list must include the following information about each offender and alleged offender:

(1) The offender's name, any known aliases, and the location of the offender's home detention.

(2) The crime for which the offender was convicted.

(3) The date the offender's home detention expires.

(4) The name, address, and telephone number of the offender's supervising probation or community corrections program officer for home detention.

(5) An indication of whether the offender or alleged offender is a violent offender.

(d) Except as provided under section 6(1) of this chapter, a probation department or community corrections program charged by a court with supervision of offenders and alleged offenders ordered to undergo home detention shall, at the beginning of a period of home detention, set the monitoring device and surveillance equipment to minimize the possibility that the offender or alleged offender can enter another residence or structure without a violation.

(e) A probation department or community corrections program charged by a court with supervision of offenders and alleged offenders ordered to undergo home detention shall maintain or contract with a contract agency to maintain constant supervision of each offender and alleged offender in accordance with IC 35-38-2.7.

(f) A probation department or community corrections program may contract with a contract agency under subsection (e) only if the contract agency can comply with the requirements described in IC 35-38-2.7.

As added by P.L.98-1988, SEC.6. Amended by P.L.137-2001, SEC.7; P.L.1-2002, SEC.146; P.L.31-2005, SEC.5; P.L.84-2022, SEC.14.

IC 35-38-2.5-11Monitoring devices; information to offender Sec. 11. Before entering an order for home detention that requires the use of a monitoring device described in section 3(3) of this chapter the court shall inform the offender and other persons residing in the home of the nature and extent of electronic surveillance provided by the monitoring device in the home.

As added by P.L.98-1988, SEC.6.

IC 35-38-2.5-12Supervision of violent offender on home detention Sec. 12. (a) A probation department or community corrections program charged by a court with supervision of a violent offender placed on home detention under this chapter shall comply with IC 35-38-2.7.

(b) A probation department or community corrections program may contract with a contract agency under subsection (a) only if the contract agency can comply with the requirements described in IC 35-38-2.7.

As added by P.L.137-2001, SEC.8. Amended by P.L.31-2005, SEC.6; P.L.84-2022, SEC.15.

IC 35-38-2.5-13RepealedAs added by P.L.137-2001, SEC.9. Repealed by P.L.72-2023, SEC.5.

IC 35-38-2.6Chapter 2.6. Direct Placement in Community Corrections Program

35-38-2.6-0.1Application of certain amendments to chapter 35-38-2.6-1Application of chapter 35-38-2.6-2"Community corrections program" defined 35-38-2.6-3Order for placement; availability and terms of placement; DNA sample required 35-38-2.6-4Repealed 35-38-2.6-4.2Community corrections direct placement 35-38-2.6-4.5Community corrections program placement 35-38-2.6-5Violation of terms of placement 35-38-2.6-6Credit time 35-38-2.6-7Completion of program; probation

IC 35-38-2.6-0.1Application of certain amendments to chapter Sec. 0.1. The amendments made to section 1 of this chapter by P.L.17-2001 shall not be construed to reduce or invalidate a sentence imposed before July 1, 2001.

As added by P.L.220-2011, SEC.589.

IC 35-38-2.6-1Application of chapter Sec. 1. This chapter does not apply to persons convicted of any of the following offenses whenever any part of the sentence may not be suspended under IC 35-50-2-2.2:

(1) Sex crimes under IC 35-42-4 or IC 35-46-1-3.

(2) A Level 1 felony.

(3) A Class A felony.

(4) Any of the following felonies:

(A) Murder (IC 35-42-1-1).

(B) A battery offense included in IC 35-42-2 with a deadly weapon or causing death.

(C) Kidnapping (IC 35-42-3-2).

(D) Criminal confinement (IC 35-42-3-3) with a deadly weapon.

(E) Robbery (IC 35-42-5-1) resulting in serious bodily injury or with a deadly weapon.

(F) Arson (IC 35-43-1-1) for hire resulting in serious bodily injury.

(G) Burglary (IC 35-43-2-1) resulting in serious bodily injury.

(H) Resisting law enforcement (IC 35-44.1-3-1) with a deadly weapon.

(I) Aggravated battery (IC 35-42-2-1.5).

(J) Disarming a law enforcement officer (IC 35-44.1-3-2).

(K) A sentence for a crime that is enhanced by criminal organization (IC 35-50-2-15).

As added by P.L.240-1991(ss2), SEC.96. Amended by P.L.144-1995, SEC.4; P.L.242-1999, SEC.9; P.L.17-2001, SEC.13; P.L.213-2005, SEC.6; P.L.151-2006, SEC.15; P.L.158-2013, SEC.400; P.L.185-2014, SEC.5; P.L.65-2016, SEC.29; P.L.72-2023, SEC.6; P.L.148-2024, SEC.23.

IC 35-38-2.6-2"Community corrections program" defined Sec. 2. As used in this chapter, "community corrections program" means a program consisting of residential centers and work release, home detention, or electronic monitoring that is:

(1) operated under a community corrections plan of a county and funded at least in part by the state subsidy provided under IC 11-12-2; or

(2) operated by or under contract with a court or county.

As added by P.L.240-1991(ss2), SEC.96. Amended by P.L.135-1993, SEC.6; P.L.20-1994, SEC.3; P.L.45-2022, SEC.3; P.L.72-2023, SEC.7.

IC 35-38-2.6-3Order for placement; availability and terms of placement; DNA sample required Sec. 3. (a) The court may, at the time of sentencing, order a person to be placed in a community corrections program as an alternative to commitment to the county jail or the department of correction. However, if a person has a nonsuspendible sentence, except for a nonsuspendible sentence under IC 35-50-2-2.2, a court may not order the person to serve the nonsuspendible portion of the person's sentence in a community corrections program. The court may impose reasonable terms on the placement or require the director of the community corrections program to impose reasonable terms on the placement. A court shall require a person:

(1) who is described in IC 10-13-6-10(a);

(2) who has not previously provided a DNA sample in accordance with IC 10-13-6; and

(3) whose sentence does not involve a commitment to the department of correction;

to provide a DNA sample as a term of placement.

(b) Placement in a community corrections program under this chapter is subject to the availability of residential beds or electronic monitoring units in a community corrections program. However, this subsection does not prohibit placement on home detention without electronic monitoring.

(c) A person placed under this chapter is responsible for the person's own medical care while in the placement program.

(d) The community corrections program shall have access to and use an offender's written presentence report or memorandum from a county probation agency, if applicable, when determining the offender's eligibility for placement.

As added by P.L.240-1991(ss2), SEC.96. Amended by P.L.135-1993, SEC.7; P.L.140-2006, SEC.29 and P.L.173-2006, SEC.29; P.L.179-2015, SEC.15; P.L.111-2017, SEC.12; P.L.45-2022, SEC.4; P.L.72-2023, SEC.8.

IC 35-38-2.6-4RepealedAs added by P.L.240-1991(ss2), SEC.96. Repealed by P.L.72-2023, SEC.9.

IC 35-38-2.6-4.2Community corrections direct placement Sec. 4.2. (a) A community corrections program shall establish written procedures for determining if an offender is eligible for direct placement supervision under this chapter.

(b) The procedures established under subsection (a) must establish a record keeping system that allows the department or community corrections program to quickly determine if an offender is in violation of the terms of a direct placement order issued under this chapter.

(c) A community corrections program charged by a court with supervision of offenders ordered to be placed directly in a community corrections program under this chapter shall provide all law enforcement agencies, including any contract agency (as defined in IC 35-38-2.5-2.5), having jurisdiction in the place where a community corrections program is located with a list of offenders under direct placement supervision. The list must include the following information about each offender:

(1) The offender's name, any known aliases, and the location of the offender's direct placement under this chapter.

(2) The crime for which the offender was convicted.

(3) The date the offender's direct placement expires.

(4) The name, address, and telephone number of the offender's supervising community corrections program officer for direct placement under this chapter.

(5) An indication of whether the offender is a violent offender.

(d) Except as provided in IC 35-38-2.5-6(1), a community corrections program charged by a court with supervision of offenders ordered to undergo direct placement under this chapter shall, at the beginning of a period of the direct placement, set any monitoring device (as defined in IC 35-38-2.5-3) and surveillance equipment to minimize the possibility that the offender may enter another residence or structure without the detection of a violation.

(e) A community corrections program charged by a court with supervision of offenders ordered to undergo direct placement under this chapter shall:

(1) maintain or contract with a contract agency to maintain constant supervision of each offender as described in subsection (f); and

(2) have adequate staff available twenty-four (24) hours each day to respond if an offender violates the conditions of the direct placement order under this chapter.

A community corrections program may contract with a contract agency under this subsection only if the contract agency is able to comply with subsection (f).

(f) A contract agency:

(1) that maintains supervision of an offender under subsection (e)(1) shall follow the rules set by the local community corrections advisory board as a part of community corrections program direct placement written procedures; and

(2) shall notify the contracting community corrections program within one (1) hour if the offender violates the conditions of the direct placement order. However, if a shorter notification time is required by the community corrections program, a community corrections advisory board must require a contract agency to comply with the shorter notification requirement for a direct placement order violation as if the offender were serving a direct placement order as part of a community corrections program.

(g) A community corrections program or contract agency charged by a court with supervision of an offender placed under direct placement under this chapter shall cause a local law enforcement agency or contract agency described in this section to be the initial agency contacted upon determining that the offender is in violation of a direct placement order.

As added by P.L.105-2010, SEC.12. Amended by P.L.45-2022, SEC.5.

IC 35-38-2.6-4.5Community corrections program placement Sec. 4.5. If a court places a person on any level of supervision as part of a community corrections program under this chapter, the placement must comply with all applicable provisions in IC 11-12 and IC 35-38-2.5.

As added by P.L.137-2001, SEC.10. Amended by P.L.105-2010, SEC.13; P.L.45-2022, SEC.6.

IC 35-38-2.6-5Violation of terms of placement Sec. 5. (a) If a person who is placed under this chapter violates the terms of the placement, the community corrections director may do any of the following:

(1) Change the terms of the placement.

(2) Continue the placement.

(3) Reassign a person assigned to a specific community corrections program to a different community corrections program.

(4) Request that the court revoke the placement and commit the person to the county jail or department of correction for the remainder of the person's sentence.

The community corrections director shall notify the court if the director changes the terms of the placement, continues the placement, or reassigns the person to a different program.

(b) If a person who is placed under this chapter violates the terms of the placement, the prosecuting attorney may request that the court revoke the placement and commit the person to the county jail or department of correction for the remainder of the person's sentence.

As added by P.L.240-1991(ss2), SEC.96. Amended by P.L.179-2015, SEC.16; P.L.106-2020, SEC.1.

IC 35-38-2.6-6Credit time Sec. 6. (a) As used in this section, "home" means the actual living area of the temporary or permanent residence of a person.

(b) A person confined on work release or home detention in a community corrections program receives one (1) day of accrued time for each day the person is confined on work release or home detention.

(c) In addition to accrued time under subsection (b), a person who is placed on a level of supervision as part of a community corrections program under this chapter is entitled to earn good time credit under IC 35-50-6-3 and IC 35-50-6-3.1. A person placed on a level of supervision as part of a community corrections program may not earn educational credit under IC 35-50-6-3.3.

(d) The department of correction shall adopt rules under IC 4-22-2 concerning the deprivation of earned good time credit for a person who is placed on a level of supervision as part of a community corrections program under this chapter.

(e) A person who is placed on a level of supervision as part of a community corrections program under this chapter may be deprived of earned good time credit as provided under rules adopted by the department of correction under IC 4-22-2.

As added by P.L.240-1991(ss2), SEC.96. Amended by P.L.135-1993, SEC.8; P.L.20-1994, SEC.4; P.L.105-2010, SEC.14; P.L.168-2014, SEC.60; P.L.74-2015, SEC.23; P.L.26-2019, SEC.1; P.L.45-2022, SEC.7; P.L.72-2023, SEC.10; P.L.93-2024, SEC.207.

IC 35-38-2.6-7Completion of program; probation Sec. 7. When a person completes a placement program under this chapter, the court may place the person on probation.

As added by P.L.240-1991(ss2), SEC.96. Amended by P.L.45-2022, SEC.8.

IC 35-38-2.7Chapter 2.7. Electronic Monitoring Standards

35-38-2.7-1Definitions 35-38-2.7-2Duties of a supervising agency 35-38-2.7-3Vulnerable victims 35-38-2.7-4Tracked individuals 35-38-2.7-5Third party contractors 35-38-2.7-6Contract cancellation 35-38-2.7-7Immunities

IC 35-38-2.7-1Definitions Sec. 1. The following definitions apply throughout this chapter:

(1) "Backup verification method" means a method of determining whether a tracked individual is in an approved location in the event that the tracked individual's monitoring device loses communication with the supervising agency. The term may include making electronic or telephonic contact with an employer of a tracked individual.

(2) "Monitoring device" has the meaning set forth in IC 35-38-2.5-3.

(3) "Supervising agency" means:

(A) a court, in the case of an individual who is required to wear a monitoring device as a condition of probation or pretrial release;

(B) a community corrections program, in the case of an individual who is required to wear a monitoring device as a condition of community corrections; or

(C) the parole board, in the case of an individual who is required to wear a monitoring device as a condition of parole.

(4) "Tracked individual" means an individual required to wear a monitoring device.

(5) "Vulnerable victim" means the victim of a crime committed or alleged to have been committed by a tracked individual:

(A) under circumstances suggesting that the tracked individual may disturb, harass, or harm the victim, as determined by a court or the supervising agency;

(B) if the tracked individual is the subject of a protection order, restraining order, or no contact order with respect to the victim; or

(C) that is a crime of domestic or sexual violence (as defined in IC 16-18-2-88.5).

As added by P.L.84-2022, SEC.16.

IC 35-38-2.7-2Duties of a supervising agency Sec. 2. (a) A supervising agency must do the following:

(1) Except as provided in subdivision (2), an employee or contract employee of a supervising agency must provide notification to the supervising agency as soon as possible, but not later than twelve (12) hours, after:

(A) the monitoring device of a tracked individual suffers an unexplained or undocumented loss of communication with the employee, and the employee is unable to verify the tracked individual's presence at an approved location by using a backup verification method, if applicable;

(B) a tracked individual enters a prohibited exclusion zone; or

(C) a tracked individual removes, disables, or otherwise interferes with a monitoring device.

(2) An employee or contract employee of a supervising agency who is required to provide a notification to the supervising agency under subdivision (1) with respect to a tracked individual who is placed on electronic monitoring due to being charged with or convicted of:

(A) a crime of violence (as defined in IC 35-31.5-2-79); or

(B) a crime of domestic or sexual violence (as defined in IC 16-18-2-88.5);

shall provide the notification as soon as possible, but not later than fifteen (15) minutes, after the occurrence of an event described in subdivision (1)(A) through (1)(C). In addition, if the tracked individual has committed or is alleged to have committed a crime against a vulnerable victim, the supervising agency shall notify the vulnerable victim and request local law enforcement to conduct a welfare check on the vulnerable victim in accordance with the protocol developed by the supervising agency under subdivision (5).

(3) Verify in person the location of each tracked individual placed on electronic monitoring due to being charged with or convicted of:

(A) a crime of violence (as defined in IC 35-31.5-2-79); or

(B) a crime of domestic or sexual violence (as defined in IC 16-18-2-88.5);

by making one (1) scheduled in person contact and one (1) unannounced in person contact with the individual in every thirty (30) day period.

(4) Establish conditions relating to approved and unapproved locations for each tracked individual under the supervising agency's supervision.

(5) Develop and establish a protocol for the supervising agency to use in contacting a vulnerable victim and local law enforcement with respect to a violation by a tracked individual.

(6) Develop and publish a policy prohibiting certain relationships between a tracked individual and a supervising agency and employees of a supervising agency, including:

(A) personal associations and relationships; and

(B) business relationships.

(7) Develop or approve detailed contingency plans for the supervising agency's operation in case of natural disaster, power outage, loss of telephone service, fire, flood, equipment malfunction, death, incapacitation, or personal emergency of an employee of a supervising agency, and, in the case of a supervising agency's contract with a third party contractor, the financial insolvency of the third party contractor.

(8) Specify a backup verification method for a tracked individual if there is reason to believe that the tracked individual's monitoring device may lose communication with the supervising agency at an approved location. However, a supervising agency has the discretion to establish a backup verification method for any tracked individual regardless of whether the supervising agency has reason to believe that the monitoring device may lose communication at an approved location.

(b) Beginning January 1, 2023, a supervising agency must transmit a quarterly report to the local justice reinvestment advisory council (established by IC 33-38-9.5-4) that includes information concerning:

(1) the total number of tracked individuals under supervision during the quarter, whether they are under pretrial, or postdisposition, supervision, and the highest level of offense they are facing or have been convicted of;

(2) the number of tracked individuals on active supervision at the end of the quarter and the number of supervision staff at the end of the quarter;

(3) the total costs and fees levied and collected;

(4) the number of tracked individuals under supervision whose supervision has been terminated and the reason for termination; and

(5) the number of device malfunctions in the case of each tracked individual under supervision.

The report must be submitted to the local justice reinvestment advisory council not later than fifteen (15) calendar days after the close of each quarter. In addition, the division of parole services shall report directly to the statewide justice reinvestment advisory council each quarter. The local justice reinvestment advisory council shall transmit each report electronically to the statewide justice reinvestment advisory council (established by IC 33-38-9.5-2) as directed, which shall publish a report quarterly. The statewide justice reinvestment advisory council shall compile the quarterly reports published under this subsection and electronically transmit an annual report to the legislative council and to the judicial conference of Indiana not later than May 1 of each year. The report to the legislative council must be in an electronic format under IC 5-14-6.

As added by P.L.84-2022, SEC.16. Amended by P.L.9-2023, SEC.3; P.L.22-2025, SEC.1; P.L.85-2026, SEC.22.

IC 35-38-2.7-3Vulnerable victims Sec. 3. (a) The supervising agency shall:

(1) inform a vulnerable victim of where the tracked individual is not permitted to be;

(2) if the vulnerable victim wishes to be informed if the tracked individual commits a violation as described in section 2(a)(1)(A) through 2(a)(1)(C) of this chapter, obtain the best manner of contacting the vulnerable victim from the vulnerable victim; and

(3) advise the vulnerable victim that events such as power outages, Internet outages, and natural disasters may interfere with the ability of the supervising agency to notify the vulnerable victim in a timely manner.

(b) Upon notice of a possible violation by a tracked individual as described in section 2(a)(1)(A) through 2(a)(1)(C) of this chapter, the supervising agency shall, as soon as practicable, seek a warrant for the arrest of the tracked individual.

As added by P.L.84-2022, SEC.16. Amended by P.L.9-2023, SEC.4.

IC 35-38-2.7-4Tracked individuals Sec. 4. (a) This subsection applies to a tracked individual who is charged with or convicted of a crime of violence (as defined in IC 35-31.5-2-79) or a crime of domestic or sexual violence (as defined in IC 16-18-2-88.5). As soon as possible, but not later than:

(1) fifteen (15) minutes after a warrant has been issued for a tracked individual to whom this subsection applies, a local law enforcement agency shall transmit details of the warrant to all active units; and

(2) sixty (60) minutes after a warrant has been issued for a tracked individual to whom this subsection applies, a local law enforcement agency shall dispatch a law enforcement officer to apprehend the tracked individual.

(b) This subsection applies to a tracked individual who is not charged with or convicted of a crime of violence (as defined in IC 35-31.5-2-79) or a crime of domestic or sexual violence (as defined in IC 16-18-2-88.5). As soon as possible, but not later than:

(1) sixty (60) minutes after a warrant has been issued for a tracked individual to whom this subsection applies, a local law enforcement agency shall transmit details of the warrant to all active units; and

(2) forty-eight (48) hours after a warrant has been issued for a tracked individual to whom this subsection applies, a local law enforcement agency shall dispatch a law enforcement officer to apprehend the tracked individual.

(c) The local law enforcement agency shall keep a record of each dispatch made under this section.

As added by P.L.84-2022, SEC.16. Amended by P.L.85-2026, SEC.23.

IC 35-38-2.7-5Third party contractors Sec. 5. A supervising agency may contract with a third party contractor to maintain consistent constant supervision of each tracked individual only if the third party contractor can comply with the requirements of a supervising agency in this chapter. A contract must specify the duties of the third party contractor and the duties of the supervising agency described in this chapter. A third party contractor:

(1) may not employ or be owned by any person convicted of a felony within the previous seven (7) years; and

(2) may not employ an individual who was a tracked individual within the previous one (1) year.

As added by P.L.84-2022, SEC.16.

IC 35-38-2.7-6Contract cancellation Sec. 6. (a) This subsection applies to contracts entered into and renewed after June 30, 2022. In addition to any penalties described in the contract, a supervising agency may cancel the contract of a third party contractor that fails to comply with the requirements of this chapter.

(b) If:

(1) the supervising agency is a court; and

(2) the supervising agency has:

(A) canceled a contract under this section; or

(B) determined that it will not renew its contract with the third party contractor due to the contractor's performance;

the supervising agency shall inform the office of judicial administration of its act or determination, along with a description of its reasons. The office of judicial administration shall inform every court that may act as a supervising agency of the identity of the third party contractor, of the act or determination made by the supervising agency, and of the reasons for the act or determination by the supervising agency.

As added by P.L.84-2022, SEC.16.

IC 35-38-2.7-7Immunities Sec. 7. (a) Except as described in subsection (b), the following are immune from civil liability for an act or omission that occurs in connection with the implementation of this chapter:

(1) A supervising agency.

(2) A law enforcement agency.

(3) An employee of a person described in subdivisions (1) through (2).

(b) The immunity described in subsection (a) does not apply if the person committed gross negligence or willful or wanton misconduct.

As added by P.L.84-2022, SEC.16.

IC 35-38-3Chapter 3. Commitment to the Department of Correction and Maximum, Medium, and Minimum Security Assignments

35-38-3-1Definitions 35-38-3-2Certification of judgment of conviction and sentence to receiving authority; contents of judgment; commencement of term of imprisonment 35-38-3-3No commitment of misdemeanants to the department of correction; exceptions; sheriff's per diem for offenders not committed to the department; deposit in county general fund; use of revenue 35-38-3-4Duties of sheriff 35-38-3-5Determination of degree of security assigned to convicted person; change of degree 35-38-3-6Classification of penal facilities and programs