reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 1. Entry of Judgment and Sentencing › 35-38-1-23. Repealed

As added by P.L.240-1991(ss2), SEC.93. Amended by P.L.164-1993, SEC.8; P.L.243-1993, SEC.1; P.L.1-1994, SEC.166. Repealed by P.L.183-1999, SEC.4.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2. Probation › 35-38-2-2. Repealed

As added by P.L.311-1983, SEC.3. Amended by P.L.182-1984, SEC.2; P.L.98-1988, SEC.5; P.L.123-1988, SEC.29; P.L.53-1989, SEC.8; P.L.184-1989, SEC.26; P.L.49-1989, SEC.20; P.L.67-1990, SEC.11; P.L.1-1990, SEC.349. Repealed by P.L.1-1991, SEC.197.
2023 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2. Probation › 35-38-2-2.2. Conditions of Probation; Registration With Local Law Enforcement Authority; Consent to Search of Computer

Sec. 2.2. (a) As a condition of probation for a sex offender (as defined in IC 11-8-8-4.5), the court shall:
(1) require the sex offender to register with the local law enforcement authority under IC 11-8-8;
(2) prohibit the sex offender from residing within one thousand (1,000) feet of school property (as defined in IC 35-31.5-2-285), as measured from the property line of the sex offender's residence to the property line of the school property, for the period of probation, unless the sex offender obtains written approval from the court;
(3) require the sex offender to consent:
(A) to the search of the sex offender's personal computer at any time; and
(B) to the installation on the sex offender's personal computer or device with Internet capability, at the sex offender's expense, of one (1) or more hardware or software systems to monitor Internet usage; and
(4) prohibit the sex offender from:
(A) accessing or using certain web sites, chat rooms, or instant messaging programs frequented by children; and
(B) deleting, erasing, or tampering with information on the sex offender's personal computer with intent to conceal an activity prohibited by clause (A).
If the court allows the sex offender to reside within one thousand (1,000) feet of school property under subdivision (2), the court shall notify each school within one thousand (1,000) feet of the sex offender's residence of the order. However, a court may not allow a sex offender who is a sexually violent predator (as defined in IC 35-38-1-7.5) or an offender against children under IC 35-42-4-11 to reside within one thousand (1,000) feet of school property.
(b) As a condition of probation for a sex offender who is a sexually violent predator under IC 35-38-1-7.5 or an offender against children under IC 35-42-4-11, the court may:
(1) subject to subdivision (2), prohibit the sex offender from having any:
(A) unsupervised contact; or
(B) contact;
with a person less than sixteen (16) years of age; and
(2) if the court finds it is in the best interests of the child, prohibit the sex offender from having any:
(A) unsupervised contact; or
(B) contact;
with a child or stepchild of the sex offender, if the child or stepchild is less than sixteen (16) years of age.
As added by P.L.11-1994, SEC.14. Amended by P.L.214-1999, SEC.3; P.L.238-2001, SEC.19; P.L.116-2002, SEC.21; P.L.140-2006, SEC.23 and P.L.173-2006, SEC.23; P.L.216-2007, SEC.40; P.L.119-2008, SEC.16; P.L.114-2012, SEC.79; P.L.220-2019, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2. Probation › 35-38-2-2.4. Conditions of Probation for Sex Offenders

Sec. 2.4. As a condition of probation, the court may require a sex offender (as defined in IC 11-8-8-4.5) to:
(1) participate in a treatment program for sex offenders approved by the court; and
(2) avoid contact with any person who is less than sixteen (16) years of age unless the probationer:
(A) receives the court's approval; or
(B) successfully completes the treatment program referred to in subdivision (1).
As added by P.L.11-1994, SEC.15. Amended by P.L.238-2001, SEC.20; P.L.116-2002, SEC.22; P.L.140-2006, SEC.25 and P.L.173-2006, SEC.25; P.L.1-2010, SEC.142.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2. Probation › 35-38-2-2.6. Conditions of Probation or Parole for Persons Convicted of Stalking

Sec. 2.6. (a) As a condition of remaining on probation or parole after a conviction for stalking (IC 35-45-10-5), a court may prohibit a person from residing within one thousand (1,000) feet of the residence of the victim of the stalking for a period that does not exceed five (5) years.
(b) A person:
(1) who will be placed on probation shall provide the sentencing court and the probation department with the address where the person intends to reside during the period of probation:
(A) at the time of sentencing if the person will be placed on probation without first being incarcerated; or
(B) before the person's release from incarceration if the person will be placed on probation after completing a term of incarceration; or
(2) who will be placed on parole shall provide the parole board with the address where the person intends to reside during the period of parole.
(c) A person, while on probation or parole, may not reside within one thousand (1,000) feet of the residence of the victim of the stalking unless the person first obtains a waiver under subsection (d) from the:
(1) court, if the person is placed on probation; or
(2) parole board, if the person is placed on parole.
(d) The court or parole board may waive the requirement set forth in subsection (c) only if the court or parole board, at a hearing at which the person is present and of which the prosecuting attorney has been notified, determines that:
(1) the person is in compliance with all terms of the person's probation or parole; and
(2) good cause exists to allow the person to reside within one thousand (1,000) feet of the residence of the victim of the stalking.
(e) If the court or parole board grants a waiver under subsection (d), the court or parole board 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 stalking is confidential even if the court or parole board grants a waiver under subsection (d).
As added by P.L.140-2006, SEC.27 and P.L.173-2006, SEC.27.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2. Probation › 35-38-2-2.7. Prohibition on Use of Social Media, Instant Messaging, or Chat Rooms

Sec. 2.7. As a condition of probation or parole after conviction for a sex offense (as defined in IC 11-8-8-5.2), the court shall prohibit the convicted person from using a social networking web site or an instant messaging or chat room program to communicate with a child less than sixteen (16) years of age. However, the court may permit the offender to communicate using a social networking web site or an instant messaging or chat room program with:
(1) the offender's own child, stepchild, or sibling; or
(2) another relative of the offender specifically named in the court's order.
As added by P.L.247-2013, SEC.4. Amended by P.L.5-2022, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2. Probation › 35-38-2-2.8. Prohibition Against Owning, Harboring, or Training a Companion Animal as a Condition of Parole

Sec. 2.8. (a) The following definitions apply throughout this section:
(1) "Animal abuse offense" means one (1) or more of the following:
(A) IC 35-46-3-7 (abandonment or neglect of a vertebrate animal).
(B) IC 35-46-3-8 (purchase or possession of an animal for use in an animal fighting contest).
(C) IC 35-46-3-8.5 (possession of animal fighting paraphernalia).
(D) IC 35-46-3-9 (promotion, use of animals, or attendance with animal at animal fighting contest).
(E) IC 35-46-3-9.5 (promoting an animal fighting contest).
(F) IC 35-46-3-11 (cruelty to a law enforcement animal).
(G) IC 35-46-3-11.3 (cruelty to a search and rescue dog).
(H) IC 35-46-3-11.5 (cruelty to a service animal).
(I) IC 35-46-3-12 (torture or mutilation of a vertebrate animal; killing a domestic animal).
(J) IC 35-46-3-12.5 (domestic violence animal cruelty).
(K) IC 35-46-3-13 (removal of attack dog's vocal cords; animal cruelty).
(L) IC 35-46-3-14 (bestiality).
(M) IC 35-46-3-15 (electrocution or decompression of animals).
(2) "Companion animal" means a dog or cat that is not a service animal (as defined in IC 35-46-3-11.5).
(b) As a condition of probation or parole after conviction for an animal abuse offense, the court shall prohibit the convicted person from owning, harboring, or training a companion animal.
As added by P.L.37-2019, SEC.4.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2. Probation › 35-38-2-2.9. Court Must Inform Offenders Against Children of Statutory Residency Restrictions

Sec. 2.9. As a condition of probation, the court shall inform an offender against children (as described in IC 35-42-4-11) of the residency restrictions described in IC 35-42-4-11(c)(1).
As added by P.L.220-2019, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2.5. Home Detention › 35-38-2.5-1. Offenders 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2.5. Home Detention › 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2.5. Home Detention › 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2.5. Home Detention › 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2.5. Home Detention › 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2.5. Home Detention › 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2.5. Home Detention › 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2.5. Home Detention › 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2.5. Home Detention › 35-38-2.5-5. Home 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2.5. Home Detention › 35-38-2.5-5.5. Home 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2.5. Home Detention › 35-38-2.5-7. Home 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2.5. Home Detention › 35-38-2.5-8. Home 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2.5. Home Detention › 35-38-2.5-9. Responsibility 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2.5. Home Detention › 35-38-2.5-10. Violation 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2.5. Home Detention › 35-38-2.5-11. Monitoring 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2.5. Home Detention › 35-38-2.5-12. Supervision 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.
2023 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 › 35-38-2.6-0.1. Application 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.
2023 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. 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) 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.