§ 35-38-2.6-4.2 — Community corrections direct placement

Indiana § 35-38-2.6-4.2

• Jurisdiction: Indiana
• Art. 38: PROCEEDINGS FOLLOWING DISMISSAL,
• Ch. 2.6: Direct Placement in Community Corrections Program

Text

2. (a) A community corrections program
shall establish written procedures for determining if an offender is
eligible for direct placement supervision under this chapter.
(b) The procedures established under subsection (a) must establish
a record keeping system that allows the department or community
corrections program to quickly determine if an offender is in violation
of the terms of a direct placement order issued under this chapter.
(c) A community corrections program charged by a court with
supervision of offenders ordered to be placed directly in a community
corrections program under this chapter shall provide all law
enforcement agencies, including any contract agency (as defined in IC 35-38-2.5-2.5), having jurisdiction in the place where a community
corrections program is located with a list of offenders under direct
placement supervision. The list must include the following information
about each offender:
(1) The offender's name, any known aliases, and the location of
the offender's direct placement under this chapter.
(2) The crime for which the offender was convicted.
(3) The date the offender's direct placement expires.
(4) The name, address, and telephone number of the offender's
supervising community corrections program officer for direct
placement under this chapter.
(5) An indication of whether the offender is a violent offender.
(d) Except as provided in IC 35-38-2.5-6(1), a community
corrections program charged by a court with supervision of offenders
ordered to undergo direct placement under this chapter shall, at the
beginning of a period of the direct placement, set any monitoring
device (as defined in IC 35-38-2.5-3) and surveillance equipment to
minimize the possibility that the offender may enter another residence
or structure without the detection of a violation.
(e) A community corrections program charged by a court with
supervision of offenders ordered to undergo direct placement under this
chapter shall:
(1) maintain or contract with a contract agency to maintain
constant supervision of each offender as described in subsection
(f); and
(2) have adequate staff available twenty-four (24) hours each day
to respond if an offender violates the conditions of the direct
placement order under this chapter.
A community corrections program may contract with a contract agency
under this subsection only if the contract agency is able to comply with
subsection (f).
(f) A contract agency:
(1) that maintains supervision of an offender under subsection
(e)(1) shall follow the rules set by the local community
corrections advisory board as a part of community corrections
program direct placement written procedures; and
(2) shall notify the contracting community corrections program
within one (1) hour if the offender violates the conditions of the
direct placement order. However, if a shorter notification time is
required by the community corrections program, a community
corrections advisory board must require a contract agency to
comply with the shorter notification requirement for a direct
placement order violation as if the offender were serving a direct
placement order as part of a community corrections program.
(g) A community corrections program or contract agency charged
by a court with supervision of an offender placed under direct
placement under this chapter shall cause a local law enforcement
agency or contract agency described in this section to be the initial
agency contacted upon determining that the offender is in violation of
a direct placement order.

Legislative History

As added by P.L.105-2010, SEC.12. Amended by P.L.45-2022, SEC.5.