§ 35-38-2-3 — Violation of conditions of probation

Indiana § 35-38-2-3

• Jurisdiction: Indiana
• Art. 38: PROCEEDINGS FOLLOWING DISMISSAL,
• Ch. 2: Probation

Text

(a) The court may revoke a person's probation
if:
(1) the person has violated a condition of probation during the
probationary period; and
(2) the petition to revoke probation is filed during the
probationary period or 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.
(b) When a petition is filed charging a violation of a condition of
probation, the court may:
(1) order a summons to be issued to the person to appear; or
(2) order a warrant for the person's arrest if there is a risk of the
person's fleeing the jurisdiction or causing harm to others.
(c) The issuance of a summons or warrant tolls the period of
probation until the final determination of the charge.
(d) Except as provided in subsection (e), the court shall conduct a
hearing concerning the alleged violation. The court may admit the
person to bail pending the hearing. A person who is not admitted to bail
pending the hearing may not be held in jail for more than fifteen (15)
days without a hearing on the alleged violation of probation.
(e) A person may admit to a violation of probation and waive the
right to a probation violation hearing after being offered the
opportunity to consult with an attorney. If the person admits to a
violation and requests to waive the probation violation hearing, the
probation officer shall advise the person that by waiving the right to a
probation violation hearing the person forfeits the rights provided in
subsection (f). The sanction administered must follow the schedule of
progressive probation violation sanctions adopted by the judicial
conference of Indiana under IC 11-13-1-8.
(f) Except as provided in subsection (e), the state must prove the
violation by a preponderance of the evidence. The evidence shall be
presented in open court. The person is entitled to confrontation,
cross-examination, and representation by counsel.
(g) Probation may not be revoked for failure to comply with
conditions of a sentence that imposes financial obligations on the
person unless the person recklessly, knowingly, or intentionally fails to
pay.
(h) If the court finds that the person has violated a condition at any
time before termination of the period, and the petition to revoke is filed
within the probationary period, the court may impose one (1) or more
of the following sanctions:
(1) Continue the person on probation, with or without modifying
or enlarging the conditions.
(2) Extend the person's probationary period for not more than one
(1) year beyond the original probationary period.
(3) Order execution of all or part of the sentence that was
suspended at the time of initial sentencing.
(i) If the court finds that the person has violated a condition of home
detention at any time before termination of the period, and the petition
to revoke probation is filed within the probationary period, the court
shall:
(1) order one (1) or more sanctions as set forth in subsection (h);
and
(2) provide accrued time and good time credit, if applicable, as set
forth under IC 35-38-2.5-5.
(j) If the court finds that the person has violated a condition during
any time before the termination of the period, and the petition is filed
under subsection (a) after the probationary period has expired, the court
may:
(1) reinstate the person's probationary period, with or without
enlarging the conditions, if the sum of the length of the original
probationary period and the reinstated probationary period does
not exceed the length of the maximum sentence allowable for the
offense that is the basis of the probation; or
(2) order execution of all or part of the sentence that was
suspended at the time of the initial sentencing.
(k) If the court finds that the person has violated a condition of
home detention during any time before termination of the period, and
the petition is filed under subsection (a) after the probation period has
expired, the court shall:
(1) order a sanction as set forth in subsection (j); and
(2) provide accrued time and good time credit, if applicable, as set
forth under IC 35-38-2.5-5.
(l) A judgment revoking probation is a final appealable order.
(m) Failure to pay fines or costs (including fees) required as a
condition of probation may not be the sole basis for commitment to the
department of correction.
(n) Failure to pay fees or costs assessed against a person under IC 33-40-3-6, IC 33-37-2-3(e), or IC 35-33-7-6 is not grounds for
revocation of probation.

Legislative History

As added by P.L.311-1983, SEC.3. Amended by P.L.67-1990, SEC.12; P.L.214-1991, SEC.1; P.L.240-1991(ss2), SEC.94; P.L.1-1992, SEC.179; P.L.216-1996, SEC.15; P.L.166-2001, SEC.1; P.L.98-2004, SEC.152; P.L.13-2005, SEC.1; P.L.156-2007, SEC.5; P.L.48-2008, SEC.1; P.L.106-2010, SEC.11; P.L.147-2012, SEC.10; P.L.74-2015, SEC.21.