IC 11-12-9
    Chapter 9. Interstate Community Corrections Hearings

IC 11-12-9-1
Notice of potential reincarceration; submission to compactadministrator
    Sec. 1. If supervision of a person placed in a communitycorrections program is being administered under IC 11-12-8, theappropriate judicial or administrative authorities in Indiana shallnotify the compact administrator of the sending state if considerationshould be given to retaking or reincarcerating the person because ofa violation of a term of the person's community corrections sentence.
As added by P.L.73-1994, SEC.2.

IC 11-12-9-2
Hearings prior to notice of reincarceration
    Sec. 2. Before giving notification under section 1 of this chapter,a hearing shall be held in accordance with this chapter within areasonable time unless the hearing is waived by the person who hasallegedly violated a term of the person's community correctionssentence.
As added by P.L.73-1994, SEC.2.

IC 11-12-9-3
Hearing record, report, and recommendations
    Sec. 3. As soon as practicable after the conclusion of a hearingdescribed in section 2 of this chapter, the appropriate officer ofIndiana shall do the following:
        (1) Report to the sending state.
        (2) Furnish the sending state with a copy of the hearing record.
        (3) Make recommendations regarding the disposition of theperson to the sending state.
As added by P.L.73-1994, SEC.2.

IC 11-12-9-4
Violations of community corrections sentence; custody anddetention
    Sec. 4. Pending any proceeding under this chapter, the appropriateofficer of Indiana may take custody of and detain the person whoallegedly violated a term of the person's community correctionssentence:
        (1) for not more than fifteen (15) days before a hearing isconducted under this chapter; and
        (2) if:
            (A) the hearing is waived under section 2 of this chapter; or
            (B) it appears to a hearing officer that retaking orreincarceration is likely to follow the person's hearing;
        for a reasonable time after the hearing is waived or the hearinghas concluded that is necessary to arrange for the person'sretaking or reincarceration.As added by P.L.73-1994, SEC.2.

IC 11-12-9-5
Hearing officers
    Sec. 5. A hearing conducted under this chapter may be heldbefore:
        (1) the administrator of the interstate compact for thesupervision of persons in community corrections programs ora deputy of the administrator; or
        (2) any other person authorized under the laws of this state tohear cases of alleged community corrections violations.
However, the hearing officer may not be the person who alleged thatthe person violated a term of the person's community correctionssentence.
As added by P.L.73-1994, SEC.2.

IC 11-12-9-6
Hearing rights of accused community corrections sentence violator
    Sec. 6. At a hearing conducted under this chapter, the person whohas allegedly violated a term of the person's community correctionssentence:
        (1) is entitled to reasonable notice in writing of the nature andcontent of the allegations to be made, including notice that thepurpose of the hearing is to determine whether there is probablecause to believe that the person has committed an act that maylead to a revocation of the person's participation in a communitycorrections program;
        (2) is entitled to confront and examine any persons who havemade allegations against the person; and
        (3) may admit, deny, or explain the violation alleged, callwitnesses, and present proof, including affidavits and otherevidence, in support of the person's contentions.
As added by P.L.73-1994, SEC.2.

IC 11-12-9-7
Record of proceedings
    Sec. 7. A record of the proceedings under this chapter shall bemade and preserved.
As added by P.L.73-1994, SEC.2.

IC 11-12-9-8
Hearings held in other states; records
    Sec. 8. (a) If a person being supervised in another state under theinterstate compact set forth in IC 11-12-8 is alleged to have violateda term of the person's community corrections sentence, anyappropriate judicial or administrative officer or agency in the otherstate may conduct a hearing concerning the alleged violation.
    (b) Upon receipt of the record of a hearing held in another stateunder a statute substantially similar to IC 11-12-8 and this chapter,the record has the same standing and effect as though the proceeding

of which it is a record had been conducted before the appropriateofficer in Indiana. The recommendations contained in oraccompanying the record shall be fully considered by the appropriateofficer in making a decision concerning the alleged violation.
As added by P.L.73-1994, SEC.2.