reglab/housing_qa huggingface dataset:
IN Code § 35-38-1-18 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-18. Fines and Costs; Suspension of Fines; Commitment Instead of Fine; Default

Sec. 18. (a) Except as provided in subsection (b), whenever the court imposes a fine, it shall conduct a hearing to determine whether the convicted person is indigent. If the person is not indigent, the court shall order:(1) that the person pay the entire amount at the time sentence is pronounced;(2) that the person pay the entire amount at some later date;(3) that the person pay specified parts at designated intervals; or(4) at the request of the person, commitment of the person to the county jail for a period of time set by the court in lieu of a fine. If the court orders a person committed to jail under this subdivision, the person's total confinement for the crime that resulted in the conviction must not exceed the maximum term of imprisonment prescribed for the crime under IC 35-50-2 or IC 35-50-3.(b) A court may impose a fine and suspend payment of all or part of the fine until the convicted person has completed all or part of the sentence. If the court suspends payment of the fine, the court shall conduct a hearing at the time the fine is due to determine whether the convicted person is indigent. If the convicted person is not indigent, the court shall order the convicted person to pay the fine:(1) at the time the fine is due; or(2) in a manner set forth in subsection (a)(2) through (a)(4).(c) If a court suspends payment of a fine under subsection (b), the court retains jurisdiction over the convicted person until the convicted person has paid the entire amount of the fine.(d) Upon any default in the payment of the fine:(1) an attorney representing the county may bring an action on a debt for the unpaid amount;(2) the court may direct that the person, if the person is not indigent, be committed to the county jail and credited toward payment at the rate of twenty dollars ($20) for each twenty-four (24) hour period the person is confined, until the amount paid plus the amount credited equals the entire amount due; or(3) the court may institute contempt proceedings or order the convicted person's wages, salary, and other income garnished in accordance with IC 24-4.5-5-105 to enforce the court's order for payment of the fine.As added by P.L.311-1983, SEC.3. Amended by P.L.204-1986, SEC.2; P.L.305-1987, SEC.35; P.L.137-1989, SEC.11; P.L.156-2007, SEC.4.
IN Code § 35-38-1-21 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-21. Home Detention; Petition and Hearing

Sec. 21. (a) A court that receives a petition from the department of correction under IC 35-38-3-5 may, after notice to the prosecuting attorney of the judicial circuit in which the defendant's case originated, hold a hearing for the purpose of determining whether the offender named in the petition may be placed in home detention under IC 35-38-2.5 instead of commitment to the department of correction for the remainder of the offender's minimum sentence.(b) Notwithstanding IC 35-35-3-3(e), and after a hearing held under this section, a sentencing court may order the offender named in the petition filed under IC 35-38-3-5 to be placed in home detention under IC 35-38-2.5 instead of commitment to the department of correction for the remainder of the offender's minimum sentence.As added by P.L.98-1988, SEC.4.
IN Code § 35-38-1-22 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-22. Juveniles; Service of Misdemeanor Sentences in Juvenile Detention Facilities

Sec. 22. A court that imposes a sentence for conviction of a misdemeanor upon a person who is less than eighteen (18) years of age may enter an order requiring that the convicted person serve the sentence in a juvenile detention facility established under IC 31-31-8 (or IC 31-6-9-5 before its repeal). However, before an order may be entered under this section, the court must secure the written approval of the judge of the juvenile court allowing the detention of the person in the juvenile detention facility.As added by P.L.173-1988, SEC.2. Amended by P.L.271-1989, SEC.2; P.L.73-1992, SEC.11; P.L.1-1997, SEC.146.
IN Code § 35-38-1-24 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-24. Community Transition Program; Level 5 or Level 6 Felony

Sec. 24. (a) This section applies to a person if the most serious offense for which the person is committed is a Class C or Class D felony (for a crime committed before July 1, 2014) or a Level 5 or Level 6 felony (for a crime committed after June 30, 2014).(b) Not later than forty-five (45) days after receiving a notice under IC 11-10-11.5-2, the sentencing court may order the department of correction to retain control over a person until the person completes the person's fixed term of imprisonment, less the credit time the person has earned with respect to the term, if the court makes specific findings that support a determination:(1) that placement of the person in a community transition program:(A) places the person in danger of serious bodily injury or death; or(B) represents a substantial threat to the safety of others; or(2) of other good cause.If the court issues an order under this section, the department of correction may not assign a person to a community transition program.(c) The court may make a determination under this section without a hearing. The court shall consider any written statement presented to the court by a victim of the offender's crime or by an offender under IC 11-10-11.5-4.5. The court in its discretion may consider statements submitted by a victim after the time allowed for the submission of statements under IC 11-10-11.5-4.5.(d) The court shall make written findings for a determination under this section, whether or not a hearing was held.(e) Not later than five (5) days after making a determination under this section, the court shall send a copy of the order to the:(1) prosecuting attorney where the person's case originated; and(2) department of correction.As added by P.L.273-1999, SEC.210. Amended by P.L.90-2000, SEC.17; P.L.158-2013, SEC.397.
IN Code § 35-38-1-25 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-25. Community Transition Program; Murder and Level 1 Through Level 4 Felony

Sec. 25. (a) This section applies to a person if the most serious offense for which the person is committed is murder, a Class A felony, or a Class B felony (for a crime committed before July 1, 2014), or a Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014).(b) A sentencing court may sentence a person or modify the sentence of a person to assign the person to a community transition program for any period that begins after the person's community transition program commencement date (as defined in IC 11-8-1-5.6) and ends when the person completes the person's fixed term of imprisonment, less the credit time the person has earned with respect to the term, if the court makes specific findings of fact that support a determination that it is in the best interests of justice to make the assignment. The order may include any other condition that the court could impose if the court had placed the person on probation under IC 35-38-2 or in a community corrections program under IC 35-38-2.6.(c) The court may make a determination under this section without a hearing. The court shall consider any written statement presented to the court by a victim of the offender's crime or by an offender under IC 11-10-11.5-4.5. The court in its discretion may consider statements submitted by a victim after the time allowed for the submission of statements under IC 11-10-11.5-4.5.(d) The court shall make written findings for a determination under this section, whether or not a hearing was held.(e) Not later than five (5) days after making a determination under this section, the court shall send a copy of the order to the:(1) prosecuting attorney where the person's case originated; and(2) department of correction.As added by P.L.273-1999, SEC.211. Amended by P.L.90-2000, SEC.18; P.L.85-2004, SEC.39; P.L.158-2013, SEC.398.
IN Code § 35-38-1-27 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-27. Persons Required to Provide a DNA Sample as a Condition of a Sentence

Sec. 27. (a) If a court imposes a sentence that does not involve a commitment to the department of correction, the court shall require a person:(1) who is described in IC 10-13-6-10(a); and(2) who has not previously provided a DNA sample in accordance with IC 10-13-6;to provide a DNA sample as a condition of the sentence.(b) If a person described in subsection (a) is confined at the time of sentencing, the court shall order the person to provide a DNA sample immediately after sentencing.(c) If a person described in subsection (a) is not confined at the time of sentencing, the agency supervising the person after sentencing shall establish the date, time, and location for the person to provide a DNA sample. However, the supervising agency must require that the DNA sample be provided not more than seven (7) days after sentencing. A supervising agency's failure to obtain a DNA sample not more than seven (7) days after sentencing does not permit a person required to provide a DNA sample to challenge the requirement that the person provide a DNA sample at a later date.(d) A person's failure to provide a DNA sample is grounds for revocation of the person's probation, community corrections placement, or other conditional release.As added by P.L.140-2006, SEC.22 and P.L.173-2006, SEC.22. Amended by P.L.111-2017, SEC.9.
IN Code § 35-38-1-28 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-28. Fingerprinting Required After Sentencing; Exception; Transmission of Fingerprints to Prosecuting Attorney and Department of Correction; Immunity

Sec. 28. (a) Except as provided in subsection (c), immediately after sentencing a defendant for an offense, the court shall order the defendant to be fingerprinted by an individual qualified to take fingerprints. The fingerprints may be recorded in any reliable manner, including by the use of a digital fingerprinting device.(b) The court shall order a law enforcement officer to provide the fingerprints to the prosecuting attorney and the state police department, in hard copy or in an electronic format approved by the security and privacy council established by IC 10-13-3-34.(c) The court is not required to order the defendant to be fingerprinted if the defendant was previously arrested and processed at the county jail.(d) A clerk, court, law enforcement officer, or prosecuting attorney is immune from civil liability for an error or omission in the transmission of fingerprints, case history data, or sentencing data, unless the error or omission constitutes willful or wanton misconduct or gross negligence.As added by P.L.216-2007, SEC.38.
IN Code § 35-38-1-29 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-29. Lifetime Parole for Sexually Violent Predators Not Committed to the Department of Correction

Sec. 29. (a) This section applies only to a sexually violent predator, including a person who is a sexually violent predator by operation of law for committing an offense under IC 35-38-1-7.5(b).(b) If a court imposes a sentence on a person described in subsection (a) that does not involve a commitment to the department of correction, the court shall order the parole board to place the person on lifetime parole and supervise the person in the same manner that the parole board supervises a sexually violent predator who has been released from imprisonment and placed on lifetime parole under IC 35-50-6-1(e).(c) If a person described in subsection (b) is also required to be supervised by a court, a probation department, a community corrections program, a community transition program, or another similar program upon the person's release from imprisonment, the parole board may:(1) supervise the person while the person is being supervised by the other supervising agency; or(2) permit the other supervising agency to exercise all or part of the parole board's supervisory responsibility during the period in which the other supervising agency is required to supervise the person;in accordance with IC 35-50-6-1(g).As added by P.L.216-2007, SEC.39.
IN Code § 35-38-1-30 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-30. Sentence; Refrain From Contact

Sec. 30. A sentencing court may require that, as a condition of a person's executed sentence, the person shall refrain from any direct or indirect contact with an individual.As added by P.L.104-2008, SEC.21.
IN Code § 35-38-1-31 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-31. Abstracts of Judgment

Sec. 31. (a) If a court imposes on a person convicted of a felony a sentence that involves a commitment to the department of correction, the court shall complete an abstract of judgment in an electronic format approved by the department of correction and the office of judicial administration. The abstract of judgment must include, but not be limited to:(1) each offense the person is convicted of;(2) the sentence, including whether the sentence includes a suspended sentence, probation, or direct commitment to community corrections; and(3) whether the person is a credit restricted felon.(b) If a person convicted of a felony is committed to the department of correction by a court as a result of a violation of the terms of probation or other community placement, the court shall state in the abstract of judgment the specific reasons for revocation if probation, parole, or a community corrections placement has been revoked.As added by P.L.147-2012, SEC.8. Amended by P.L.161-2018, SEC.122.
IN Code § 35-38-1-32 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-32. Court Notification of Potential Habitual Violator Offenses

Sec. 32. A sentencing court shall inform a person who is convicted of or pleads guilty to the following offenses that the offense could qualify them as a habitual violator under IC 9-30-10:(1) Reckless homicide resulting from the operation of a motor vehicle.(2) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle.(3) Failure of the driver of a motor vehicle involved in an accident resulting in death or injury to any person to stop at the scene of the accident and give the required information and assistance.(4) Operation of a vehicle while intoxicated resulting in death.(5) Operation of a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per:(A) one hundred (100) milliliters of the blood; or(B) two hundred ten (210) liters of the breath;resulting in death.(6) Operation of a vehicle while intoxicated.(7) Operation of a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per:(A) one hundred (100) milliliters of the blood; or(B) two hundred ten (210) liters of the breath.(8) Reckless driving.(9) Criminal recklessness as a felony involving the operation of a motor vehicle.(10) Drag racing or engaging in a speed contest in violation of law.(11) Violating IC 9-26-1-1.1(12) Any felony under an Indiana motor vehicle statute.(13) Operating a motor vehicle while the person's license to do so has been suspended or revoked as a result of the person's conviction of an offense under IC 9-1-4-52 (repealed July 1, 1991), IC 9-24-18-5(b) (repealed July 1, 2000), IC 9-24-19-2, or IC 9-24-19-3.(14) Operating a motor vehicle without ever having obtained a license to do so.As added by P.L.217-2014, SEC.190.
IN Code § 35-38-1-33 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-33. Sex Offender Residency Waiver

Sec. 33. (a) As used in this section, "offender" means an individual convicted of a sex offense.(b) As used in this section, "sex offense" has the meaning set forth in IC 11-8-8-5.2.(c) An offender may petition for waiver of the residency restriction described in IC 35-46-1-15.1(c). The court may waive the residency restriction if the court, at a hearing at which the offender is present and of which the prosecuting attorney has been notified, determines that:(1) the offender has successfully completed a sex offender treatment program; and(2) good cause exists to allow the offender to reside within one (1) mile of the residence of the victim of the offender's sex offense.However, the court may not grant a waiver under this subsection if the offender is a sexually violent predator under IC 35-38-1-7.5 or if the offender is an offender against children under IC 35-42-4-11.(d) If the court grants a waiver under this section, the court shall determine the duration of the waiver. The offender may petition the court for an extension of the waiver not later than sixty (60) days before its expiration. However, if the court denies an offender's petition for waiver under this section, then the offender is subject to prosecution for the offense described in IC 35-46-1-15.1(c).(e) If the court grants a waiver under this section, the court shall state in writing the reasons for granting the waiver. The court's written statement of its reasons shall be incorporated into the record.(f) The address of the victim of the offender's sex offense is confidential even if the court grants a waiver under this section.As added by P.L.87-2018, SEC.1.
IN Code § 35-38-2-0.2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 2. Probation|35-38-2-0.2. Application of Certain Statutes to Individuals Placed on Probation After June 30, 2003

Sec. 0.2. The following statutes, as added or amended by P.L.277-2003, apply only to individuals who are placed on probation after June 30, 2003:(1) IC 31-40-1-1.7(b) (before its repeal).(2) IC 31-40-1-1.7(d) (before its repeal).(3) IC 31-40-2-1(a).(4) IC 31-40-2-1(b).(5) IC 31-40-2-1.5.(6) Section 1(c), 1(d), 1(e), and 1(i) of this chapter.(7) Section 1.5 of this chapter.(8) Section 1.7 of this chapter.As added by P.L.220-2011, SEC.588.
IN Code § 35-38-2-1.5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 2. Probation|35-38-2-1.5. Increased Probation User's Fee

Sec. 1.5. Notwithstanding the probation user's fee amounts established under section 1 of this chapter, a court may order a person to pay a probation user's fee that exceeds the maximum amount allowed under section 1 of this chapter if:(1) the person was placed on probation in another state and moved or was transferred to Indiana;(2) the other state allows a higher probation user's fee than the maximum amount allowed under section 1 of this chapter; and(3) the probation user's fee the court orders the person to pay does not exceed the maximum amount allowed in the other state.As added by P.L.277-2003, SEC.12.
IN Code § 35-38-2-1.7 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 2. Probation|35-38-2-1.7. Early Payment of Probation User's Fee; Recalculation of Probation User's Fee; Discharge; Wage Garnishment

Sec. 1.7. (a) A person may pay a monthly probation user's fee under section 1 or 1.5 of this chapter before the date the payment is required to be made without obtaining the prior approval of a court or a probation department. However, if the person is discharged from probation before the date the person was scheduled to be released from probation, any monthly probation user's fee paid in advance by the person may not be refunded.(b) A probation department may petition a court to:(1) impose a probation user's fee on a person; or(2) increase a person's probation user's fee;under section 1 or 1.5 of this chapter if the financial ability of the person to pay a probation user's fee changes while the person is on probation.(c) An order to pay a probation user's fee under section 1 or 1.5 of this chapter:(1) is a judgment lien that:(A) attaches to the property of the person subject to the order;(B) may be perfected;(C) may be enforced to satisfy any payment that is delinquent under section 1 or 1.5 of this chapter; and(D) expires;in the same manner as a judgment lien created in a civil proceeding;(2) is not discharged by the completion of the person's probationary period or other sentence imposed on the person; and(3) is not discharged by the liquidation of a person's estate by a receiver under IC 32-30-5.(d) If a court orders a person to pay a probation user's fee under section 1 or 1.5 of this chapter, the court may garnish the wages, salary, and other income earned by the person to enforce the order.As added by P.L.277-2003, SEC.13. Amended by P.L.217-2014, SEC.191.
IN Code § 35-38-2-1.8 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 2. Probation|35-38-2-1.8. New Probation Hearings Allowed at Any Time; Modification of Conditions; Deadlines

Sec. 1.8. (a) This section does not apply to the modification of a user's fee payment under section 1.7(b) of this chapter.(b) The court may hold a new probation hearing at any time during a probationer's probationary period:(1) upon motion of the probation department or upon the court's motion; and(2) after giving notice to the probationer.(c) At a probation hearing described in subsection (b), the court may modify the probationer's conditions of probation. If the court modifies the probationer's conditions of probation, the court shall:(1) specify in the record the conditions of probation; and(2) advise the probationer that if the probationer violates a condition of probation during the probationary period, a petition to revoke probation may be filed 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.(d) The court may hold a new probation hearing under this section even if:(1) the probationer has not violated the conditions of probation; or(2) the probation department has not filed a petition to revoke probation.As added by P.L.14-2005, SEC.1.
IN Code § 35-38-2-2.1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 2. Probation|35-38-2-2.1. Conditions of Probation; Payment of Alcohol and Drug Countermeasures Fee

Sec. 2.1. As a condition of probation for a person who is found to have:(1) committed an offense under IC 9-30-5; or(2) been adjudicated a delinquent for an act that would be an offense under IC 9-30-5, if committed by an adult;the court shall require the person to pay the alcohol and drug countermeasures fee under IC 33-37.As added by P.L.126-1989, SEC.28. Amended by P.L.2-1991, SEC.104; P.L.98-2004, SEC.151.