§ 35-38-1-21 — Home detention; petition and hearing

Indiana § 35-38-1-21

• Jurisdiction: Indiana
• Art. 38: PROCEEDINGS FOLLOWING DISMISSAL,
• Ch. 1: Entry of Judgment and Sentencing

Text

(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.

Legislative History

As added by P.L.98-1988, SEC.4.