Indiana § 35-38-2-2.6 Conditions of probation or parole for persons convicted of stalking

Indiana Statutes

§ 35-38-2-2.6 — Conditions of probation or parole for persons convicted of stalking

Indiana § 35-38-2-2.6

Art. 38PROCEEDINGS FOLLOWING DISMISSAL,

Ch. 2Probation

This text of Indiana § 35-38-2-2.6 (Conditions of probation or parole for persons convicted of stalking) 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 § 35-38-2-2.6 (2026).

Text

6.

(a)As a condition of remaining on probation or parole after a conviction for stalking (IC 35-45-10-5), a court may prohibit a person from residing within one thousand (1,000) feet of the residence of the victim of the stalking for a period that does not exceed five (5) years.

(b)A person:

(1)who will be placed on probation shall provide the sentencing court and the probation department with the address where the person intends to reside during the period of probation:

(A)at the time of sentencing if the person will be placed on probation without first being incarcerated; or

(B)before the person's release from incarceration if the person will be placed on probation after completing a term of incarceration; or

(2)who will be placed on parole shall provide the parole board with the a

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6. (a) As a condition of remaining on
probation or parole after a conviction for stalking (IC 35-45-10-5), a
court may prohibit a person from residing within one thousand (1,000)
feet of the residence of the victim of the stalking for a period that does
not exceed five (5) years.
(b) A person:
(1) who will be placed on probation shall provide the sentencing
court and the probation department with the address where the
person intends to reside during the period of probation:
(A) at the time of sentencing if the person will be placed on
probation without first being incarcerated; or
(B) before the person's release from incarceration if the person
will be placed on probation after completing a term of
incarceration; or
(2) who will be placed on parole shall provide the parole board
with the address where the person intends to reside during the
period of parole.
(c) A person, while on probation or parole, may not reside within
one thousand (1,000) feet of the residence of the victim of the stalking
unless the person first obtains a waiver under subsection (d) from the:
(1) court, if the person is placed on probation; or
(2) parole board, if the person is placed on parole.
(d) The court or parole board may waive the requirement set forth
in subsection (c) only if the court or parole board, at a hearing at which
the person is present and of which the prosecuting attorney has been
notified, determines that:
(1) the person is in compliance with all terms of the person's
probation or parole; and
(2) good cause exists to allow the person to reside within one
thousand (1,000) feet of the residence of the victim of the
stalking.
(e) If the court or parole board grants a waiver under subsection (d),
the court or parole board shall state in writing the reasons for granting
the waiver. The court's written statement of its reasons shall be
incorporated into the record.
(f) The address of the victim of the stalking is confidential even if
the court or parole board grants a waiver under subsection (d).