reglab/statecodes huggingface dataset:
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 › 35-38-2.6-2. "Community Corrections Program" Defined

Sec. 2. As used in this chapter, "community corrections program" means a program consisting of residential centers and work release, home detention, or electronic monitoring that is:
(1) operated under a community corrections plan of a county and funded at least in part by the state subsidy provided under IC 11-12-2; or
(2) operated by or under contract with a court or county.
As added by P.L.240-1991(ss2), SEC.96. Amended by P.L.135-1993, SEC.6; P.L.20-1994, SEC.3; P.L.45-2022, SEC.3; P.L.72-2023, SEC.7.
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 › 35-38-2.6-3. Order for Placement; Availability and Terms of Placement; DNA Sample Required

Sec. 3. (a) The court may, at the time of sentencing, order a person to be placed in a community corrections program as an alternative to commitment to the county jail or the department of correction. However, if a person has a nonsuspendible sentence, except for a nonsuspendible sentence under IC 35-50-2-2.2, a court may not order the person to serve the nonsuspendible portion of the person's sentence in a community corrections program. The court may impose reasonable terms on the placement or require the director of the community corrections program to impose reasonable terms on the placement. A court shall require a person:
(1) who is described in IC 10-13-6-10(a);
(2) who has not previously provided a DNA sample in accordance with IC 10-13-6; and
(3) whose sentence does not involve a commitment to the department of correction;
to provide a DNA sample as a term of placement.
(b) Placement in a community corrections program under this chapter is subject to the availability of residential beds or electronic monitoring units in a community corrections program. However, this subsection does not prohibit placement on home detention without electronic monitoring.
(c) A person placed under this chapter is responsible for the person's own medical care while in the placement program.
(d) The community corrections program shall have access to and use an offender's written presentence report or memorandum from a county probation agency, if applicable, when determining the offender's eligibility for placement.
As added by P.L.240-1991(ss2), SEC.96. Amended by P.L.135-1993, SEC.7; P.L.140-2006, SEC.29 and P.L.173-2006, SEC.29; P.L.179-2015, SEC.15; P.L.111-2017, SEC.12; P.L.45-2022, SEC.4; P.L.72-2023, SEC.8.
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 › 35-38-2.6-4.5. Community Corrections Program Placement

Sec. 4.5. If a court places a person on any level of supervision as part of a community corrections program under this chapter, the placement must comply with all applicable provisions in IC 11-12 and IC 35-38-2.5.
As added by P.L.137-2001, SEC.10. Amended by P.L.105-2010, SEC.13; P.L.45-2022, SEC.6.
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 › 35-38-2.6-5. 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.
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 › 35-38-2.6-6. 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 work release or home detention in a community corrections program receives one (1) day of accrued time for each day the person is confined on work release or home detention.
(c) In addition to accrued time under subsection (b), a person who is placed on a level of supervision as part of a community corrections program under this chapter is entitled to earn good time credit under IC 35-50-6-3 and IC 35-50-6-3.1. A person placed on a level of supervision as part of a community corrections program may not earn educational credit under IC 35-50-6-3.3.
(d) The department of correction shall adopt rules under IC 4-22-2, 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 on a level of supervision as part of a community corrections program under this chapter.
(e) A person who is placed on a level of supervision as part of a community corrections program under this chapter may be deprived of earned good time credit as provided under rules adopted by the department of correction under IC 4-22-2, 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; P.L.45-2022, SEC.7; P.L.72-2023, SEC.10.
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 › 35-38-2.6-7. Completion of Program; Probation

Sec. 7. When a person completes a placement program under this chapter, the court may place the person on probation.
As added by P.L.240-1991(ss2), SEC.96. Amended by P.L.45-2022, SEC.8.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2.7. Electronic Monitoring Standards › 35-38-2.7-1. Definitions

Sec. 1. The following definitions apply throughout this chapter:
(1) "Backup verification method" means a method of determining whether a tracked individual is in an approved location in the event that the tracked individual's monitoring device loses communication with the supervising agency. The term may include making electronic or telephonic contact with an employer of a tracked individual.
(2) "Monitoring device" has the meaning set forth in IC 35-38-2.5-3.
(3) "Supervising agency" means:
(A) a court, in the case of an individual who is required to wear a monitoring device as a condition of probation or pretrial release;
(B) a community corrections program, in the case of an individual who is required to wear a monitoring device as a condition of community corrections; or
(C) the parole board, in the case of an individual who is required to wear a monitoring device as a condition of parole.
(4) "Tracked individual" means an individual required to wear a monitoring device.
(5) "Vulnerable victim" means the victim of a crime committed or alleged to have been committed by a tracked individual:
(A) under circumstances suggesting that the tracked individual may disturb, harass, or harm the victim, as determined by a court or the supervising agency;
(B) if the tracked individual is the subject of a protection order, restraining order, or no contact order with respect to the victim; or
(C) that is a crime of domestic or sexual violence (as defined in IC 16-18-2-88.5).
As added by P.L.84-2022, SEC.16.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2.7. Electronic Monitoring Standards › 35-38-2.7-3. Vulnerable Victims

Sec. 3. (a) The supervising agency shall:
(1) inform a vulnerable victim of where the tracked individual is not permitted to be;
(2) if the vulnerable victim wishes to be informed if the tracked individual commits a violation as described in section 2(a)(1)(A) through 2(a)(1)(C) of this chapter, obtain the best manner of contacting the vulnerable victim from the vulnerable victim; and
(3) advise the vulnerable victim that events such as power outages, Internet outages, and natural disasters may interfere with the ability of the supervising agency to notify the vulnerable victim in a timely manner.
(b) Upon notice of a possible violation by a tracked individual as described in section 2(a)(1)(A) through 2(a)(1)(C) of this chapter, the supervising agency shall, as soon as practicable, seek a warrant for the arrest of the tracked individual.
As added by P.L.84-2022, SEC.16. Amended by P.L.9-2023, SEC.4.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2.7. Electronic Monitoring Standards › 35-38-2.7-4. Tracked Individuals

Sec. 4. (a) This subsection applies to a tracked individual who is charged with or convicted of a crime of violence (as defined in IC 35-50-1-2(a)) or a crime of domestic or sexual violence (as defined in IC 16-18-2-88.5). As soon as possible, but not later than:
(1) fifteen (15) minutes after a warrant has been issued for a tracked individual to whom this subsection applies, a local law enforcement agency shall transmit details of the warrant to all active units; and
(2) sixty (60) minutes after a warrant has been issued for a tracked individual to whom this subsection applies, a local law enforcement agency shall dispatch a law enforcement officer to apprehend the tracked individual.
(b) This subsection applies to a tracked individual who is not charged with or convicted of a crime of violence (as defined in IC 35-50-1-2(a)) or a crime of domestic or sexual violence (as defined in IC 16-18-2-88.5). As soon as possible, but not later than:
(1) sixty (60) minutes after a warrant has been issued for a tracked individual to whom this subsection applies, a local law enforcement agency shall transmit details of the warrant to all active units; and
(2) forty-eight (48) hours after a warrant has been issued for a tracked individual to whom this subsection applies, a local law enforcement agency shall dispatch a law enforcement officer to apprehend the tracked individual.
(c) The local law enforcement agency shall keep a record of each dispatch made under this section.
As added by P.L.84-2022, SEC.16.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2.7. Electronic Monitoring Standards › 35-38-2.7-5. Third Party Contractors

Sec. 5. A supervising agency may contract with a third party contractor to maintain consistent constant supervision of each tracked individual only if the third party contractor can comply with the requirements of a supervising agency in this chapter. A contract must specify the duties of the third party contractor and the duties of the supervising agency described in this chapter. A third party contractor:
(1) may not employ or be owned by any person convicted of a felony within the previous seven (7) years; and
(2) may not employ an individual who was a tracked individual within the previous one (1) year.
As added by P.L.84-2022, SEC.16.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2.7. Electronic Monitoring Standards › 35-38-2.7-6. Contract Cancellation

Sec. 6. (a) This subsection applies to contracts entered into and renewed after June 30, 2022. In addition to any penalties described in the contract, a supervising agency may cancel the contract of a third party contractor that fails to comply with the requirements of this chapter.
(b) If:
(1) the supervising agency is a court; and
(2) the supervising agency has:
(A) canceled a contract under this section; or
(B) determined that it will not renew its contract with the third party contractor due to the contractor's performance;
the supervising agency shall inform the office of judicial administration of its act or determination, along with a description of its reasons. The office of judicial administration shall inform every court that may act as a supervising agency of the identity of the third party contractor, of the act or determination made by the supervising agency, and of the reasons for the act or determination by the supervising agency.
As added by P.L.84-2022, SEC.16.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2.7. Electronic Monitoring Standards › 35-38-2.7-7. Immunities

Sec. 7. (a) Except as described in subsection (b), the following are immune from civil liability for an act or omission that occurs in connection with the implementation of this chapter:
(1) A supervising agency.
(2) A law enforcement agency.
(3) An employee of a person described in subdivisions (1) through (2).
(b) The immunity described in subsection (a) does not apply if the person committed gross negligence or willful or wanton misconduct.
As added by P.L.84-2022, SEC.16.
2023 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.
2023 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, including time on pretrial home detention; 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; P.L.37-2023, SEC.1.
2023 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.
2023 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);
(before the repeal of IC 35-50-2-2.1) 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; P.L.72-2023, SEC.11.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 5. Expungement of Arrest Records › 35-38-5-1. Repealed

As added by P.L.311-1983, SEC.3. Amended by P.L.295-1989, SEC.1; P.L.159-1994, SEC.1. Repealed by P.L.181-2014, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 5. Expungement of Arrest Records › 35-38-5-5. Petition to Limit Access to Limited Criminal History of Person Discharged From Probation, Imprisonment, or Parole

Sec. 5. (a) This section does not apply to a request to a law enforcement agency for the release or inspection of a limited criminal history to a noncriminal justice organization or individual whenever the subject of the request is described in IC 10-13-3-27(a)(8) or IC 10-13-3-27(a)(12).
(b) A person may petition the state police department to limit access to the person's limited criminal history to criminal justice agencies if more than fifteen (15) years have elapsed since the date the person was discharged from probation, imprisonment, or parole (whichever is later) for the last conviction for a crime.
(c) When a petition is filed under subsection (b), the state police department shall not release limited criminal history to noncriminal justice agencies under IC 10-13-3-27.
As added by P.L.311-1983, SEC.3. Amended by P.L.56-1998, SEC.18; P.L.10-1999, SEC.3; P.L.2-2003, SEC.92; P.L.2-2005, SEC.124.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 6. Execution of Death Sentence › 35-38-6-2. Court to Issue Warrant to Sheriff; Contents

Sec. 2. The court in which a death sentence is ordered shall issue a warrant to the sheriff within fourteen (14) days of the sentence:
(1) that is under the seal of the court;
(2) that contains notice of the conviction and the sentence;
(3) that is directed to the warden of the state prison; and
(4) that orders the warden to execute the convicted person at a specified time and date in the state prison.
As added by P.L.311-1983, SEC.3. Amended by P.L.20-2002, SEC.2; P.L.67-2017, SEC.16.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 6. Execution of Death Sentence › 35-38-6-3. Delivery of Person to Warden; Receipt of Delivery of Person

Sec. 3. A sheriff who receives a warrant under section 2 or section 7 of this chapter shall immediately:
(1) transport the person to the state prison;
(2) deliver the person and the warrant to the warden of the prison;
(3) obtain a receipt for the delivery of the person; and
(4) deliver the receipt to the clerk of the sentencing court.
As added by P.L.311-1983, SEC.3. Amended by P.L.20-2002, SEC.3; P.L.67-2017, SEC.17.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 6. Execution of Death Sentence › 35-38-6-4. Confinement of Convicted Person; Segregation of Female Prisoner; Visits by Certain Persons

Sec. 4. (a) The convicted person shall be confined in the state prison until the date of the convicted person's execution. The convicted person may temporarily be held in a maximum security facility for security purposes or during renovation of the state prison. A convicted female shall be confined in a maximum security women's prison until not more than thirty (30) days before the date of her execution. A convicted female shall be segregated from male prisoners after her transfer from the women's prison.
(b) The convicted person's:
(1) attorney;
(2) physician;
(3) relatives;
(4) friends; and
(5) spiritual advisor;
may visit the convicted person while the convicted person is confined. The department of correction shall adopt rules, under IC 4-22-2, governing such visits.
As added by P.L.311-1983, SEC.3. Amended by P.L.20-2002, SEC.4.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 6. Execution of Death Sentence › 35-38-6-5. Place of Execution of Death Sentence

Sec. 5. The execution must take place inside the walls of the state prison in a room arranged for that purpose. The department of correction shall provide the necessary room and appliances to carry out the execution as provided in this chapter.
As added by P.L.311-1983, SEC.3. Amended by P.L.294-1995, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 6. Execution of Death Sentence › 35-38-6-6. Persons Permitted to Be Present at Execution of Death Sentence; Exclusion of Persons for Safety or Security Reasons; Confidentiality of Identity of Persons Assisting in Execution

Sec. 6. (a) Only the following persons may be present at the execution:
(1) The warden of the state prison.
(2) The person designated by the warden of the state prison and any assistants who are necessary to assist in the execution.
(3) The prison physician.
(4) One (1) other physician.
(5) The spiritual advisor of the convicted person.
(6) The prison chaplain.
(7) Not more than five (5) friends or relatives of the convicted person who are invited by the convicted person to attend.
(8) Except as provided in subsection (b), not more than eight (8) of the following members of the victim's immediate family who are at least eighteen (18) years of age:
(A) The victim's spouse.
(B) One (1) or more of the victim's children.
(C) One (1) or more of the victim's parents.
(D) One (1) or more of the victim's grandparents.
(E) One (1) or more of the victim's siblings.
(b) If there is more than one (1) victim, not more than eight (8) persons who are members of the victims' immediate families may be present at the execution. The department shall determine which persons may be present in accordance with procedures adopted under subsection (c).
(c) The department shall develop procedures to determine which family members of a victim may be present at the execution if more than eight (8) family members of a victim desire to be present or if there is more than one (1) victim. Upon the request of a family member of a victim, the department shall establish a support room for the use of:
(1) an immediate family member of the victim described in subsection (a)(8) who is not selected to be present at the execution; and
(2) a person invited by an immediate family member of the victim described in subsection (a)(8) to offer support to the immediate family member.
(d) The warden of the state prison may exclude a person from viewing the execution if the warden determines that the presence of the person would threaten the safety or security of the state prison and sets forth this determination in writing.
(e) The department of correction:
(1) shall keep confidential the identities of persons who assist the warden of the state prison in an execution; and
(2) may:
(A) classify as confidential; and
(B) withhold from the public;
any part of a document relating to an execution that would reveal the identity of a person who assists the warden in the execution.
As added by P.L.311-1983, SEC.3. Amended by P.L.20-2002, SEC.5; P.L.56-2006, SEC.1; P.L.67-2017, SEC.18.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 6. Execution of Death Sentence › 35-38-6-7. Escape and Recapture of Convicted Person

Sec. 7. (a) If the convicted person:
(1) escapes from custody before the date set for execution; and
(2) is recaptured before the date set for execution;
the convicted person shall be confined and executed according to the terms of the warrant.
(b) If the convicted person:
(1) escapes from custody before delivery to the warden of the state prison; and
(2) is recaptured after the date set for execution;
any person may arrest and commit the convicted person to the jail of the county in which the convicted person was sentenced. The sheriff shall notify the sentencing court of the recapture, and the court shall fix a new date for the execution. The new execution date must not be less than thirty (30) nor more than sixty (60) days after the recapture of the person. The court shall issue a new warrant in the form prescribed by section 2 of this chapter.
(c) If the convicted person:
(1) escapes from confinement; and
(2) is recaptured after the date set for execution;
any person may arrest and commit the convicted person to the department of correction. When the convicted person is returned to the department of correction or a facility or place designated by the department of correction, the department shall notify the sentencing court, and the court shall fix a new date for the execution. The new execution date must not be less than thirty (30) nor more than sixty (60) days after the recapture of the person. The court shall issue a warrant to the department of correction directing the superintendent of the state prison to execute the convicted person at a specified time and date in the state prison.
As added by P.L.311-1983, SEC.3. Amended by P.L.20-2002, SEC.6; P.L.67-2017, SEC.19.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 6. Execution of Death Sentence › 35-38-6-8. Suspension of Execution of Death Sentence; Reason for Delay

Sec. 8. (a) If the execution of the death sentence is suspended, the department of correction shall note the reason for the delay on the warrant but shall proceed with the execution when the period of suspension ends.
(b) The warrant shall be returned to the clerk of the sentencing court after:
(1) the convicted person is executed;
(2) the convicted person has been pardoned;
(3) the convicted person's judgment has been reversed;
(4) the convicted person's sentence has been commuted; or
(5) the convicted person dies before his execution;
with a statement concerning the completion of the execution or the reason why the person was not executed.
As added by P.L.311-1983, SEC.3. Amended by P.L.20-2002, SEC.7.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 6. Execution of Death Sentence › 35-38-6-9. Application of Chapter to Women Convicted and Sentenced to Death

Sec. 9. The provisions of this chapter in relation to the infliction of the death penalty extend equally, so far as applicable, to the case of any woman convicted and sentenced to death.
As added by P.L.311-1983, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 6. Execution of Death Sentence › 35-38-6-10. Suspension of Execution of Sentence When Condemned Woman Is Pregnant; Certification of Physicians

Sec. 10. If the physician of the state prison and one (1) other physician certify in writing to the warden of the state prison and the sentencing court that a condemned woman is pregnant, the warden shall suspend the execution of the sentence. When the state prison physician and one (1) other physician certify in writing to the warden of the state prison and the sentencing court that the woman is no longer pregnant, the sentencing court shall immediately fix a new execution date.
As added by P.L.311-1983, SEC.3. Amended by P.L.20-2002, SEC.8; P.L.67-2017, SEC.20.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 7. Postconviction DNA Testing and Analysis › 35-38-7-1. Applicability of Chapter

Sec. 1. This chapter applies only to an offense that is any of the following:
(1) Murder.
(2) A Class A felony (for a crime committed before July 1, 2014) or a Level 1 felony (for a crime committed after June 30, 2014).
(3) A Class B felony (for a crime committed before July 1, 2014) or a Level 2 felony (for a crime committed after June 30, 2014).
(4) A Class C felony (for a crime committed before July 1, 2014) or a Level 3 felony (for a crime committed after June 30, 2014).
(5) A Level 4 felony (for a crime committed after June 30, 2014).
(6) A Level 5 felony (for a crime committed after June 30, 2014).
As added by P.L.49-2001, SEC.2. Amended by P.L.158-2013, SEC.403.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 7. Postconviction DNA Testing and Analysis › 35-38-7-2. "Dna" Defined

Sec. 2. As used in this chapter, "DNA" refers to deoxyribonucleic acid.
As added by P.L.49-2001, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 7. Postconviction DNA Testing and Analysis › 35-38-7-3. "Offense" Defined

Sec. 3. As used in this chapter, "offense" means a felony to which a petition under this chapter relates.
As added by P.L.49-2001, SEC.2. Amended by P.L.1-2002, SEC.147.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 7. Postconviction DNA Testing and Analysis › 35-38-7-4. "Victim" Defined

Sec. 4. As used in this chapter, "victim" means an individual who would be entitled under IC 35-40-5-8 to receive information about a release of the petitioner.
As added by P.L.49-2001, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 7. Postconviction DNA Testing and Analysis › 35-38-7-5. Petition to Require Testing

Sec. 5. A person who was convicted of and sentenced for an offense may file a written petition with the court that sentenced the petitioner for the offense to require the forensic DNA testing and analysis of any evidence that:
(1) is:
(A) in the possession or control of a court or the state; or
(B) otherwise contained in the Indiana DNA data base established under IC 10-13-6;
(2) is related to the investigation or prosecution that resulted in the person's conviction; and
(3) may contain biological evidence.
As added by P.L.49-2001, SEC.2. Amended by P.L.2-2003, SEC.93.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 7. Postconviction DNA Testing and Analysis › 35-38-7-6. Notice of Petition to Prosecuting Attorney

Sec. 6. A petitioner must give notice of the petition to the prosecuting attorney for the county where the offense was allegedly committed.
As added by P.L.49-2001, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 7. Postconviction DNA Testing and Analysis › 35-38-7-7. Opportunity to Respond to Petition

Sec. 7. The court shall give the prosecuting attorney an opportunity to respond to the petition. The court may, in its discretion, order a hearing on the petition.
As added by P.L.49-2001, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 7. Postconviction DNA Testing and Analysis › 35-38-7-8. Prima Facie Proof Required

Sec. 8. After complying with section 7 of this chapter, the court shall determine whether the petitioner has presented prima facie proof of the following:
(1) That the evidence sought to be tested is material to identifying the petitioner as:
(A) the perpetrator of; or
(B) an accomplice to;
the offense that resulted in the petitioner's conviction.
(2) That a sample of the evidence that the petitioner seeks to subject to DNA testing and analysis is in the possession or control of either:
(A) the state or a court; or
(B) another person, and, if this clause applies, that a sufficient chain of custody for the evidence exists to suggest that the evidence has not been substituted, tampered with, replaced, contaminated, or degraded in any material aspect.
(3) The evidence sought to be tested:
(A) was not previously tested; or
(B) was tested, but the requested DNA testing and analysis will:
(i) provide results that are reasonably more discriminating and probative of the identity of the perpetrator or accomplice; or
(ii) have a reasonable probability of contradicting prior test results.
(4) A reasonable probability exists that the petitioner would not have:
(A) been:
(i) prosecuted for; or
(ii) convicted of;
the offense; or
(B) received as severe a sentence for the offense;
if exculpatory results had been obtained through the requested DNA testing and analysis.
As added by P.L.49-2001, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 7. Postconviction DNA Testing and Analysis › 35-38-7-9. Order for Testing

Sec. 9. If the court makes the findings described in section 8(1), 8(2), 8(3), and 8(4) of this chapter, the court shall order DNA testing and analysis of the evidence.
As added by P.L.49-2001, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 7. Postconviction DNA Testing and Analysis › 35-38-7-10. Method and Payment for Testing

Sec. 10. If the court orders DNA testing and analysis under section 9 of this chapter, the court shall order the method and responsibility for the payment of any costs associated with the DNA testing and analysis.
As added by P.L.49-2001, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 7. Postconviction DNA Testing and Analysis › 35-38-7-11. Appointment of Defense Counsel

Sec. 11. The court may appoint defense counsel for the person who was convicted of the offense at any time during any proceedings under this chapter if the person is indigent.
As added by P.L.49-2001, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 7. Postconviction DNA Testing and Analysis › 35-38-7-12. Selection of Laboratory

Sec. 12. If the court orders DNA testing and analysis under this chapter, the court shall select a laboratory that meets the quality assurance and proficiency testing standards applicable to laboratories conducting forensic DNA analysis under IC 10-13-6.
As added by P.L.49-2001, SEC.2. Amended by P.L.2-2003, SEC.94.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 7. Postconviction DNA Testing and Analysis › 35-38-7-13. Access to Laboratory Reports

Sec. 13. (a) If a prosecuting attorney or defense counsel has previously subjected relevant evidence to DNA testing and analysis, the court may order the prosecuting attorney or defense counsel to provide all the parties and the court with access to the laboratory reports that were prepared in connection with the testing and analysis, including underlying data and laboratory notes.
(b) If the court orders DNA testing and analysis under this chapter, the court:
(1) shall order the production of any laboratory reports that are prepared in connection with the testing and analysis; and
(2) may order the production of any underlying data and laboratory notes.
As added by P.L.49-2001, SEC.2.