Indiana Statutes

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

Indiana·Art. 38 PROCEEDINGS FOLLOWING DISMISSAL,·Ch. 1 Entry of Judgment and Sentencing
(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.

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Related

Saintignon v. State
749 N.E.2d 1134 (Indiana Supreme Court, 2001)
11 case citations
Lonny Hodges v. State of Indiana
54 N.E.3d 1055 (Indiana Court of Appeals, 2016)
5 case citations
Saintignon v. State
734 N.E.2d 711 (Indiana Court of Appeals, 2000)
2 case citations
Daniel L. Riddle v. State of Indiana (mem. dec.)
(Indiana Court of Appeals, 2016)

Legislative History

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

Nearby Sections

15
§ 35-31.5-1-1
Applicability
§ 35-31.5-2-1
"Abandon"
§ 35-31.5-2-1.5
"Abuse"
§ 35-31.5-2-1.7
"Abusive head trauma"
§ 35-31.5-2-10
"Advisory sentence"
§ 35-31.5-2-10.5
"Affiant"
§ 35-31.5-2-100
"Distribute"
§ 35-31.5-2-101
"Distributor"
§ 35-31.5-2-102
"Documentary material"
§ 35-31.5-2-103
"Domestic animal"
§ 35-31.5-2-104
"Drug"
§ 35-31.5-2-105
"Drug abuser"
§ 35-31.5-2-105.5
"Drug crime"
§ 35-31.5-2-107
"Dwelling"
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