IN Code § 35-38-2.6-4.2 (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|35-38-2.6-4.2. Community Corrections Direct Placement

Sec. 4.2. (a) A community corrections program shall establish written criteria and procedures for determining if an offender or alleged offender is eligible for direct placement supervision under this chapter.(b) The criteria and 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 or alleged 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 and alleged 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 a list of offenders and alleged offenders under direct placement supervision. 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 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 and alleged 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 or alleged 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 and alleged 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 and alleged offender as described in subsection (f); and(2) have adequate staff available twenty-four (24) hours each day to respond if an offender or alleged 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 or alleged 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 criteria and procedures; and(2) shall notify the contracting community corrections program within one (1) hour if the offender or alleged 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 or alleged 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.