Title 35, TITLE 35. CRIMINAL LAW AND PROCEDURE
80 chapters · 950 sections in this title.
Ind. Code § 35-38-2.5-1 Offenders to which chapter applies
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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.
Ind. Code § 35-38-2.5-10 Violation of home detention; violent offender status; contract
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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…
Ind. Code § 35-38-2.5-11 Monitoring devices; information to offender
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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 t…
Ind. Code § 35-38-2.5-12 Supervision of violent offender on home detention
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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…
Ind. Code § 35-38-2.5-13 Repealed
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As added by P.L.137-2001, SEC.9. Repealed by P.L.72-2023, SEC.5.
Ind. Code § 35-38-2.5-2 "Home"
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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 outsid…
Ind. Code § 35-38-2.5-2.3 "Constant supervision"
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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.
Ind. Code § 35-38-2.5-2.5 "Contract agency"
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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.
Ind. Code § 35-38-2.5-3 "Monitoring device"
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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 …
Ind. Code § 35-38-2.5-4 "Offender"
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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.
Ind. Code § 35-38-2.5-4.5 "Security risk"
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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.
Ind. Code § 35-38-2.5-4.7 "Violent offender"
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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.
Ind. Code § 35-38-2.5-5 Home detention as condition of probation
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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. How…
Ind. Code § 35-38-2.5-5.5 Home detention
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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) s…
Ind. Code § 35-38-2.5-6 Orders for home detention; contents
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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 trave…
Ind. Code § 35-38-2.5-7 Home detention; where permitted
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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, w…
Ind. Code § 35-38-2.5-8 Home detention fees
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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 prog…
Ind. Code § 35-38-2.5-9 Responsibility for food, housing, and related costs
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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, paro…