2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2.5. Home Detention › 35-38-2.5-6. Orders for Home Detention; Contents

Sec. 6. An order for home detention of an offender under section 5 of this chapter must include the following:
(1) A requirement that the offender be confined to the offender's home at all times except when the offender is:
(A) working at employment approved by the court or traveling to or from approved employment;
(B) unemployed and seeking employment approved for the offender by the court;
(C) undergoing medical, psychiatric, mental health treatment, counseling, or other treatment programs approved for the offender by the court;
(D) attending an educational institution or a program approved for the offender by the court;
(E) attending a regularly scheduled religious service at a place of worship;
(F) participating in a community work release or community restitution or service program approved for the offender by the court; or
(G) participating in any other activity approved for the offender by the court.
(2) Notice to the offender that violation of the order for home detention may subject the offender to prosecution for the crime of escape under IC 35-44.1-3-4.
(3) A requirement that the offender abide by a schedule prepared by the probation department, or by a community corrections program ordered to provide supervision of the offender's home detention, specifically setting forth the times when the offender may be absent from the offender's home and the locations the offender is allowed to be during the scheduled absences.
(4) A requirement that the offender is not to commit another crime during the period of home detention ordered by the court.
(5) A requirement that the offender obtain approval from the probation department or from a community corrections program ordered to provide supervision of the offender's home detention before the offender changes residence or the schedule described in subdivision (3).
(6) A requirement that the offender maintain:
(A) a working telephone, cellular telephone, or other wireless or cellular communications device in the offender's home; and
(B) if ordered by the court, a monitoring device in the offender's home or on the offender's person, or both.
(7) A requirement that the offender pay a home detention fee set by the court in addition to the probation user's fee required under IC 35-38-2-1 or IC 31-40. However, the fee set under this subdivision may not exceed the maximum fee specified by the department of correction under IC 11-12-2-12.
(8) A requirement that the offender abide by other conditions of probation set by the court under IC 35-38-2-2.3.
(9) A requirement that an offender:
(A) who is described in IC 10-13-6-10(a);
(B) who has not previously provided a DNA sample in accordance with IC 10-13-6; and
(C) whose sentence does not involve a commitment to the department of correction;
provide a DNA sample.
As added by P.L.98-1988, SEC.6. Amended by P.L.1-1991, SEC.199; P.L.240-1991(ss2), SEC.95; P.L.1-1997, SEC.147; P.L.32-2000, SEC.24; P.L.140-2006, SEC.28 and P.L.173-2006, SEC.28; P.L.1-2007, SEC.228; P.L.126-2012, SEC.52; P.L.111-2017, SEC.11; P.L.21-2018, SEC.2.