Title 35, TITLE 35. CRIMINAL LAW AND PROCEDURE

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…

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…

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…

As added by P.L.137-2001, SEC.9. Repealed by P.L.72-2023, SEC.5.

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…

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.

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.

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 …

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.

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.

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.

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…

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…

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…

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…

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…

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…

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.

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) Mur…

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 st…

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 …

As added by P.L.240-1991(ss2), SEC.96. Repealed by P.L.72-2023, SEC.9.

Sec. 4.2. (a) A community corrections program shall establish written procedures for determining if an offender is eligible for direct placement supervision under this chapter. (b) The procedures established under subsection (a) must establish a record keeping system that allows …

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…

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 …

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…

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.

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 superv…

Sec. 2. (a) A supervising agency must do the following: (1) Except as provided in subdivision (2), an employee or contract employee of a supervising agency must provide notification to the supervising agency as soon as possible, but not later than twelve (12) hours, after: (A) th…

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) …

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)…

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 …

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 chapt…

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…

Sec. 1. As used in this chapter, "polygraph" means a device that permanently and simultaneously records, at a minimum, an individual's: (1) cardiovascular and respiratory patterns; and (2) galvanic skin responses; in order to determine truthfulness. As added by P.L.41-2007, SEC.2…

polygraph examination Sec. 2. A law enforcement officer may not require an alleged victim of an offense described in IC 35-42-4 to submit to a polygraph or other truth telling device examination. As added by P.L.41-2007, SEC.20.

Sec. 3. A law enforcement officer may not refuse to investigate, charge, or prosecute an offense under IC 35-42-4 solely because the alleged victim of the offense has not submitted to a polygraph or other truth telling device examination. As added by P.L.41-2007, SEC.20.

Sec. 4. This chapter does not prohibit an alleged victim of an offense under IC 35-42-4 from voluntarily submitting to a polygraph or other truth telling device examination. As added by P.L.41-2007, SEC.20.

Sec. 1. When any person is committed for want of bail, and the amount of bail is specified in the warrant of commitment, the sheriff may take the recognizance and approve the bail. As added by P.L.5-1988, SEC.180.

Sec. 10. Whenever any person has been compelled to pay to any prosecuting attorney, clerk of the court, or sheriff, under mere color of judicial proceedings in attachment or garnishment at the suit of the state, the amount of any forfeited recognizance, such person so paying shal…

Sec. 11. Whenever any claim or claims to which any person is subrogated under section 10 of this chapter shall be sought to be enforced by any action or legal proceedings, the proper prosecuting attorney shall be made a party to the action or proceedings, to answer as to the fact…

Sec. 12. The sheriff must return every process issued to the sheriff with the sheriff's doings fully endorsed thereon, and every process, judgment and commitment of the circuit and criminal courts must be executed by the sheriff. As added by P.L.5-1988, SEC.180.

Sec. 2. Every recognizance taken by any peace officer must be delivered forthwith to the clerk of the court to which the defendant is recognized. The clerk must thereupon record the recognizance, and, from the time of filing, it shall have the same effect as if taken in open cour…

Sec. 3. A court or officer required to take or accept any bail or recognizance or to approve the sureties offered on any bond or recognizance in any case of a criminal nature, may require any person offered as surety thereon to make affidavit of the person's qualifications or to …

Sec. 4. (a) One (1) surety on every such recognizance must be a resident freeholder of the county in which the prosecution is pending, and the surety or sureties must be worth at least double the sum to be secured and must have property in this state liable to execution equal to …

Sec. 5. The recognizance as provided for in IC 27-10-2-10 shall be continuing, and the defendant shall not be required to renew it during pendency of the proceedings, unless ordered to do so by the court for cause shown. But, at each term of the court, after such recognizance is …

Sec. 6. When any person is indicted for murder, the court in which the indictment is pending, upon motion, upon application by writ of habeas corpus, may admit the defendant to bail when it appears upon examination that the defendant is entitled to be let to bail. As added by P.L…

Sec. 7. When a surety on any recognizance desires to surrender the surety's principal, the surety may procure a copy of the recognizance from the clerk, by virtue of which such surety, or any person authorized by the surety, may take the principal in any county within the state. …

Sec. 8. At any time after forfeiture and at any time before judgment upon the recognizance, the surety may pay the amount named in the bond to the clerk of the court, who shall give the surety a receipt therefor. As added by P.L.5-1988, SEC.180.

Sec. 9. All recognizances, taken to secure the appearance of a defendant in the circuit court to answer a criminal charge, shall be immediately recorded by the clerk of said court in the order book and entered in the judgment docket of said court, and from the date of such record…