reglab/housing_qa huggingface dataset:
IN Code § 35-38-2.6-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 2.6. Direct Placement in Community Corrections Program|35-38-2.6-1. Application of Chapter

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to the sentencing of a person convicted of a felony whenever any part of the sentence may not be suspended under IC 35-50-2-2.1 or IC 35-50-2-2.2.(b) This chapter does not apply to persons convicted of any of the following:(1) Sex crimes under IC 35-42-4 or IC 35-46-1-3.(2) 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) Escape (IC 35-44.1-3-4) with a deadly weapon.(J) Rioting (IC 35-45-1-2) with a deadly weapon.(K) Aggravated battery (IC 35-42-2-1.5).(L) Disarming a law enforcement officer (IC 35-44.1-3-2).(3) An offense under IC 9-30-5-4.(4) An offense under IC 9-30-5-5.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.
IN Code § 35-38-2.6-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 2.6. Direct Placement in Community Corrections Program|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 and work release, electronic monitoring, day treatment, or day reporting 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.
IN Code § 35-38-2.6-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 2.6. Direct Placement in Community Corrections Program|35-38-2.6-3. Suspension of Sentence and Order for Placement; Availability and Terms of Placement; DNA Sample Required

Sec. 3. (a) The court may, at the time of sentencing, suspend the sentence and order a person to be placed in a community corrections program as an alternative to commitment to the department of correction. 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 home detention units in a community corrections program.(c) A person placed under this chapter is responsible for the person's own medical care while in the placement program.(d) Placement under this chapter is subject to the community corrections program receiving a written presentence report or memorandum from a county probation agency.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.
IN Code § 35-38-2.6-4 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 2.6. Direct Placement in Community Corrections Program|35-38-2.6-4. Time Period for Suspension of Sentence

Sec. 4. If the court places a person in a community corrections program under this chapter, the court shall suspend the sentence for a fixed period to end not later than the date the suspended sentence expires.As added by P.L.240-1991(ss2), SEC.96.
IN Code § 35-38-2.6-4.5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 2.6. Direct Placement in Community Corrections Program|35-38-2.6-4.5. Home Detention in Community Corrections Program

Sec. 4.5. If a court places a person on home detention as part of a community corrections program, the placement must comply with all applicable provisions in IC 35-38-2.5.As added by P.L.137-2001, SEC.10. Amended by P.L.105-2010, SEC.13.
IN Code § 35-38-2.6-5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 2.6. Direct Placement in Community Corrections Program|35-38-2.6-5. Violation 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.
IN Code § 35-38-2.6-6 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 2.6. Direct Placement in Community Corrections Program|35-38-2.6-6. Credit 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 home detention in a community corrections program receives one (1) day of accrued time for each day the person is confined on home detention, plus any earned good time credit.(c) In addition to accrued time under subsection (b), a person who is placed in 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 confined on home detention 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, and may adopt emergency rules under IC 4-22-2-37.1, concerning the deprivation of earned good time credit for a person who is placed in a community corrections program under this chapter.(e) A person who is placed in 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, including IC 4-22-2-37.1.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.
IN Code § 35-38-2.6-7 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 2.6. Direct Placement in Community Corrections Program|35-38-2.6-7. Completion of Program; Probation

Sec. 7. When a person completes a placement program under this chapter, the court shall place the person on probation.As added by P.L.240-1991(ss2), SEC.96.
IN Code § 35-38-3-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 3. Commitment to the Department of Correction and Maximum, Medium, and Minimum Security Assignments|35-38-3-1. Definitions

Sec. 1. As used in this chapter:"Earliest possible release date" means the date, computed as of the date of sentencing, on which a person would be entitled to discharge or release on parole considering:(1) the term of the sentence;(2) the term of any other concurrent or consecutive sentence that the person must serve;(3) credit time that the person has earned before sentencing; and(4) the maximum amount of credit time that the person would earn if the person remained in a Class I, Class A, or Class B credit time assignment during the person's period of commitment."Rated capacity" means the number of inmates that can be housed at the facility as determined by the most recent jail inspection report."Receiving authority" means:(1) the department of correction;(2) a sheriff, if incarceration is authorized in a county jail; or(3) a facility or place designated by the department of correction.As added by P.L.311-1983, SEC.3. Amended by P.L.158-2013, SEC.401; P.L.168-2014, SEC.61.
IN Code § 35-38-3-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 3. Commitment to the Department of Correction and Maximum, Medium, and Minimum Security Assignments|35-38-3-2. Certification of Judgment of Conviction and Sentence to Receiving Authority; Contents of Judgment; Commencement of Term of Imprisonment

Sec. 2. (a) When a convicted person is sentenced to imprisonment, the court shall, without delay, certify, under the seal of the court or through any electronic means approved by the department of correction, copies of the judgment of conviction and sentence to the receiving authority.(b) The judgment must include:(1) the crime for which the convicted person is adjudged guilty and the classification of the criminal offense;(2) the period, if any, for which the person is rendered incapable of holding any office of trust or profit;(3) the amount of the fines or costs (including fees) assessed, if any, whether or not the convicted person is indigent, and the method by which the fines or costs (including fees) are to be satisfied;(4) the amount of credit time earned for time spent in confinement before sentencing; and(5) the amount to be credited toward payment of the fines or costs (including fees) for time spent in confinement before sentencing.(c) The judgment may specify the degree of security recommended by the court.(d) A term of imprisonment begins on the date sentence is imposed, unless execution of the sentence is stayed according to law.As added by P.L.311-1983, SEC.3. Amended by P.L.119-2008, SEC.17; P.L.106-2010, SEC.12; P.L.74-2015, SEC.24.
IN Code § 35-38-3-4 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 3. Commitment to the Department of Correction and Maximum, Medium, and Minimum Security Assignments|35-38-3-4. Duties of Sheriff

Sec. 4. (a) The sheriff shall:(1) transport the convicted person to a receiving authority;(2) deliver the person to the receiving authority;(3) deliver a copy of the judgment of conviction and sentence; and(4) take from the receiving authority a receipt for the convicted person.(b) The sheriff shall transport the convicted person within five (5) days after the day of sentencing, unless the court orders the sheriff to transport the person within some other specified period.As added by P.L.311-1983, SEC.3.
IN Code § 35-38-3-5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 3. Commitment to the Department of Correction and Maximum, Medium, and Minimum Security Assignments|35-38-3-5. Determination of Degree of Security Assigned to Convicted Person; Change of Degree

Sec. 5. (a) The department, after diagnosis and classification, shall:(1) determine the degree of security (maximum, medium, or minimum) to which a convicted person will be assigned;(2) for each offender convicted of a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) whose sentence for the Class D felony or Level 6 felony is nonsuspendible at the time of the offense under:(A) IC 35-50-2-2.1(a)(1)(B);(B) IC 35-50-2-2.1(a)(1)(C); or(C) IC 35-50-2-2.1(a)(2);determine whether the offender is an appropriate candidate for home detention under IC 35-38-2.5;(3) for each offender:(A) committed to the department because the offender has been convicted for the first time of 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); and(B) whose sentence may be suspended;determine whether the offender is an appropriate candidate for home detention under IC 35-38-2.5;(4) notify the trial court and prosecuting attorney if the degree of security assigned differs from the court's recommendations; and(5) petition the sentencing court under IC 35-38-1-21 for review of the sentence of an offender who is not a habitual offender sentenced under IC 35-50-2-8 or IC 35-50-2-10 (repealed), and who the department has determined under subdivision (2) to be an appropriate candidate for home detention.(b) The department may change the degree of security to which the person is assigned. However, if the person is changed to a lesser degree of security during the first two (2) years of the commitment, the department shall notify the trial court and the prosecuting attorney not less than thirty (30) days before the effective date of the changed security assignment.As added by P.L.311-1983, SEC.3. Amended by P.L.182-1988, SEC.1; P.L.98-1988, SEC.7; P.L.164-1993, SEC.9; P.L.158-2013, SEC.402; P.L.10-2019, SEC.132.
IN Code § 35-38-3-6 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 3. Commitment to the Department of Correction and Maximum, Medium, and Minimum Security Assignments|35-38-3-6. Classification of Penal Facilities and Programs

Sec. 6. (a) The department shall:(1) classify all penal facilities and programs to which convicted persons may be assigned for supervision or custodial care according to:(A) maximum, medium, or minimum security function; and(B) treatment program available; and(2) furnish the classifications to all judges with general criminal jurisdiction.(b) A maximum security assignment constitutes an assignment of a convicted person to a penal facility and correctional program that are designed to insure that the person remains within a walled or fenced facility where entry and exit of any person occurs only through department supervised gates and where periodic inmate population accounting and supervision by the department occurs each day.(c) A medium security assignment constitutes an assignment of a convicted person to a penal facility and correctional program that are designed to insure that if the person is permitted outside the supervised gates of a walled or fenced facility, the department will provide continuous staff supervision and the person will be accounted for throughout the day.(d) A minimum security assignment constitutes an assignment of a convicted person to a work release center or program, to intermittent service of a sentence, or to a program requiring weekly reporting to a designated official. Assignment to minimum security need not involve a penal facility.As added by P.L.311-1983, SEC.3.
IN Code § 35-38-4-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 4. Appeals|35-38-4-1. Appeals by Defendant as Matter of Right and According to This Chapter; Decisions and Orders Reviewable

Sec. 1. (a) An appeal to the supreme court or the court of appeals may be taken by the defendant:(1) as a matter of right from any judgment in a criminal action; and(2) in accordance with this chapter.(b) Any decision of the court or intermediate order made during the proceedings may be reviewed.As added by P.L.311-1983, SEC.3.
IN Code § 35-38-4-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 4. Appeals|35-38-4-2. Appeals by State as Provided by Court Rules for Certain Cases

Sec. 2. (a) Appeals to the supreme court or to the court of appeals, as provided by court rules, may be taken by the state as of right in the following cases:(1) From an order granting a motion to dismiss one (1) or more counts of an indictment or information.(2) From an order granting a motion to discharge a defendant before trial for any reason, including delay commencing trial or after the defendant's plea of former jeopardy.(3) From an order granting a motion to correct errors.(4) Upon a question reserved by the state, if the defendant is acquitted.(5) From an order granting a motion to suppress evidence, if the ultimate effect of the order is to preclude further prosecution of one (1) or more counts of an information or indictment.(b) The state may appeal an interlocutory order to the supreme court or to the court of appeals, as provided by court rules, if the trial court certifies the appeal and the court on appeal finds that:(1) the state will suffer substantial expense, damage, or injury if the order is erroneous and the determination thereof is withheld until after judgment;(2) the order involves a substantial question of law, the early determination of which will promote a more orderly disposition of the case; or(3) the remedy by appeal after judgment is otherwise inadequate.(c) An interlocutory order that may be appealed by the state under subsection (b) includes but is not limited to:(1) any order granting a motion to suppress evidence that is substantially important to the prosecution and does not have the ultimate effect of precluding further prosecution; and(2) any discovery order claimed to violate a court rule, statute, or case law.As added by P.L.311-1983, SEC.3. Amended by P.L.110-2015, SEC.2; P.L.112-2021, SEC.1.
IN Code § 35-38-4-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 4. Appeals|35-38-4-3. Appeals From Question Reserved on Part of State

Sec. 3. In case of an appeal from a question reserved on the part of the state, it is not necessary for the clerk of the court to certify in the transcript any part of the proceedings and record except the pleadings, the motion to correct errors, and the judgment of acquittal. When the question reserved is defectively stated, the supreme court or the court of appeals may direct any part of the proceedings and record to be certified to such court.As added by P.L.311-1983, SEC.3.
IN Code § 35-38-4-4 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 4. Appeals|35-38-4-4. Effect of Appeal Taken by State

Sec. 4. An appeal taken by the state does not stay, or affect the operation of, the judgment in favor of the defendant until the judgment is reversed. However, if an appeal is taken by the state from an order or judgment by which the defendant is discharged before trial, the order or judgment does not constitute a bar to further prosecution of the defendant.As added by P.L.311-1983, SEC.3.
IN Code § 35-38-4-5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 4. Appeals|35-38-4-5. Defendants Tried Jointly; Appeal by One or More

Sec. 5. When defendants are tried jointly, any one (1) or more of them may take an appeal. However, those who do not join in the appeal are not affected by it.As added by P.L.311-1983, SEC.3.
IN Code § 35-38-4-6 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 4. Appeals|35-38-4-6. Stay of Execution of Sentence

Sec. 6. (a) An appeal to the supreme court or to the court of appeals from a judgment of conviction does not stay the execution of the sentence, unless:(1) the punishment is to be death; or(2) the judgment is for a fine and costs (including fees) only, in which case the execution of the sentence may be stayed by an order of the court.(b) If the punishment is to be imprisonment and a fine and costs (including fees), the execution of the sentence as to the fine and costs (including fees) only may be stayed by the court.(c) In the case of an appeal from a judgment in a capital case, the order of suspension must specify the day until which the execution of the sentence is stayed.As added by P.L.311-1983, SEC.3. Amended by P.L.106-2010, SEC.13.
IN Code § 35-38-4-7 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 4. Appeals|35-38-4-7. Reimbursement of Retrial Expenses

Sec. 7. (a) This section applies to state reimbursement of expenses for conducting a new trial if:(1) a defendant is convicted of an offense in a criminal proceeding conducted in a trial court;(2) the defendant appeals the defendant's conviction to the Indiana court of appeals or Indiana supreme court; and(3) the court of appeals or supreme court remands the case to the trial court for a new trial.(b) Subject to subsection (d), the state shall reimburse the trial court, the prosecuting attorney, and, if the defendant is represented by a public defender, the public defender for expenses:(1) incurred by the trial court, prosecuting attorney, and public defender in conducting a new trial described in subsection (a); and(2) that would ordinarily be paid by the county in which the trial court is located.(c) The expenses of a trial court, prosecuting attorney, and public defender reimbursed under this section:(1) may not include any salary or other remuneration paid to a trial court judge, prosecuting attorney, deputy prosecuting attorney, or public defender; and(2) must be paid from money in the state general fund.(d) The office of judicial administration (IC 33-24-6-1) shall administer a program to pay claims for reimbursement under this section. The maximum amount that may be reimbursed for all proceedings and all offenses arising out of the same facts is fifty thousand dollars ($50,000). The maximum amount that may be paid in any particular year for all expenses otherwise eligible for reimbursement under this section is one million dollars ($1,000,000). If the total of all claims that would otherwise be eligible for reimbursement under this section exceeds the maximum amount that may be reimbursed under this subsection, the office of judicial administration shall prorate reimbursement of eligible expenses, as determined by the office of judicial administration.As added by P.L.234-2007, SEC.71. Amended by P.L.3-2008, SEC.250; P.L.161-2018, SEC.124.