Indiana § 35-38-2-1.8 New probation hearings allowed at any time; modification of
conditions; deadlines

Indiana Statutes

§ 35-38-2-1.8 — New probation hearings allowed at any time; modification of conditions; deadlines

Indiana § 35-38-2-1.8

Art. 38PROCEEDINGS FOLLOWING DISMISSAL,

Ch. 2Probation

This text of Indiana § 35-38-2-1.8 (New probation hearings allowed at any time; modification of conditions; deadlines) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-38-2-1.8 (2026).

Text

8.

(a)This section does not apply to the modification of a user's fee payment under section 1.7(b) of this chapter.

(b)The court may hold a new probation hearing at any time during a probationer's probationary period:

(1)upon motion of the probation department or upon the court's motion; and

(2)after giving notice to the probationer.

(c)At a probation hearing described in subsection (b), the court may modify the probationer's conditions of probation. If the court modifies the probationer's conditions of probation, the court shall:

(1)specify in the record the conditions of probation; and

(2)advise the probationer that if the probationer violates a condition of probation during the probationary period, a petition to revoke probation may be filed before the earlier of the following: (

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8. (a) This section does not apply to the
modification of a user's fee payment under section 1.7(b) of this
chapter.
(b) The court may hold a new probation hearing at any time during
a probationer's probationary period:
(1) upon motion of the probation department or upon the court's
motion; and
(2) after giving notice to the probationer.
(c) At a probation hearing described in subsection (b), the court may
modify the probationer's conditions of probation. If the court modifies
the probationer's conditions of probation, the court shall:
(1) specify in the record the conditions of probation; and
(2) advise the probationer that if the probationer violates a
condition of probation during the probationary period, a petition
to revoke probation may be filed before the earlier of the
following:
(A) One (1) year after the termination of probation.
(B) Forty-five (45) days after the state receives notice of the
violation.
(d) The court may hold a new probation hearing under this section
even if:
(1) the probationer has not violated the conditions of probation;
or
(2) the probation department has not filed a petition to revoke
probation.