§ 35-38-2.5-10 — Violation of home detention; violent offender status; contract agencies

Indiana § 35-38-2.5-10

• Jurisdiction: Indiana
• Art. 38: PROCEEDINGS FOLLOWING DISMISSAL,
• Ch. 2.5: Home Detention

Text

(a) Each probation department or
community corrections program shall establish written criteria and
procedures for determining whether an offender or alleged offender
that the department or program supervises on home detention qualifies
as a violent offender.
(b) A probation department or community corrections program shall
use the criteria and procedures established under subsection (a) to
establish a record keeping system that allows the department or
program to quickly determine whether an offender or alleged offender
who violates the terms of a home detention order is a violent offender.
(c) A probation department or a community corrections program
charged by a court with supervision of offenders and alleged offenders
ordered to undergo home detention shall provide all law enforcement
agencies (including any contract agencies) having jurisdiction in the
place where the probation department or a community corrections
program is located with a list of offenders and alleged offenders under
home detention supervised by the probation department or the
community corrections program. The list must include the following
information about each offender and alleged offender:
(1) The offender's name, any known aliases, and the location of
the offender's home detention.
(2) The crime for which the offender was convicted.
(3) The date the offender's home detention expires.
(4) The name, address, and telephone number of the offender's
supervising probation or community corrections program officer
for home detention.
(5) An indication of whether the offender or alleged offender is a
violent offender.
(d) Except as provided under section 6(1) of this chapter, a
probation department or community corrections program charged by a
court with supervision of offenders and alleged offenders ordered to
undergo home detention shall, at the beginning of a period of home
detention, set the monitoring device and surveillance equipment to
minimize the possibility that the offender or alleged offender can enter
another residence or structure without a violation.
(e) A probation department or community corrections program
charged by a court with supervision of offenders and alleged offenders
ordered to undergo home detention shall maintain or contract with a
contract agency to maintain constant supervision of each offender and
alleged offender in accordance with IC 35-38-2.7.
(f) A probation department or community corrections program may
contract with a contract agency under subsection (e) only if the contract
agency can comply with the requirements described in IC 35-38-2.7.

Legislative History

As added by P.L.98-1988, SEC.6. Amended by P.L.137-2001, SEC.7; P.L.1-2002, SEC.146; P.L.31-2005, SEC.5; P.L.84-2022, SEC.14.