CHAPTER 2. PROBATION
IC 35-38-2
Chapter 2. Probation
IC 35-38-2-1
Conditions of probation; advice on violation specification inrecord; administrative costs; transfer of three percent of probationuser's fee; administrative fee; user's fee; collection ofadministrative fee; disposition of money collected; supplementaladult probation services fund; payment by credit card; credit cardservice fee
Sec. 1. (a) Whenever it places a person on probation, the courtshall:
(1) specify in the record the conditions of the probation; and
(2) advise the person that if the person violates a condition ofprobation during the probationary period, a petition to revokeprobation may be filed 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 theviolation.
(b) In addition, if the person was convicted of a felony and isplaced on probation, the court shall order the person to pay to theprobation department the user's fee prescribed under subsection (d).If the person was convicted of a misdemeanor, the court may orderthe person to pay the user's fee prescribed under subsection (e). Thecourt may:
(1) modify the conditions (except a fee payment may only bemodified as provided in section 1.7(b) of this chapter); or
(2) terminate the probation;
at any time. If the person commits an additional crime, the court mayrevoke the probation.
(c) If a clerk of a court collects a probation user's fee, the clerk:
(1) may keep not more than three percent (3%) of the fee todefray the administrative costs of collecting the fee and shalldeposit any fee kept under this subsection in the clerk's recordperpetuation fund established under IC 33-37-5-2; and
(2) if requested to do so by the county auditor, city fiscalofficer, or town fiscal officer under clause (A), (B), or (C),transfer not more than three percent (3%) of the fee to the:
(A) county auditor, who shall deposit the money transferredunder this subdivision into the county general fund;
(B) city general fund when requested by the city fiscalofficer; or
(C) town general fund when requested by the town fiscalofficer.
(d) In addition to any other conditions of probation, the court shallorder each person convicted of a felony to pay:
(1) not less than twenty-five dollars ($25) nor more than onehundred dollars ($100) as an initial probation user's fee;
(2) a monthly probation user's fee of not less than fifteen dollars($15) nor more than thirty dollars ($30) for each month that the
person remains on probation;
(3) the costs of the laboratory test or series of tests to detect andconfirm the presence of the human immunodeficiency virus(HIV) antigen or antibodies to the human immunodeficiencyvirus (HIV) if such tests are required by the court under section2.3 of this chapter;
(4) an alcohol abuse deterrent fee and a medical fee set by thecourt under IC 9-30-9-8, if the court has referred the defendantto an alcohol abuse deterrent program; and
(5) an administrative fee of one hundred dollars ($100);
to either the probation department or the clerk.
(e) In addition to any other conditions of probation, the court mayorder each person convicted of a misdemeanor to pay:
(1) not more than a fifty dollar ($50) initial probation user's fee;
(2) a monthly probation user's fee of not less than ten dollars($10) nor more than twenty dollars ($20) for each month thatthe person remains on probation;
(3) the costs of the laboratory test or series of tests to detect andconfirm the presence of the human immunodeficiency virus(HIV) antigen or antibodies to the human immunodeficiencyvirus (HIV) if such tests are required by the court under section2.3 of this chapter; and
(4) an administrative fee of fifty dollars ($50);
to either the probation department or the clerk.
(f) The probation department or clerk shall collect theadministrative fees under subsections (d)(5) and (e)(4) beforecollecting any other fee under subsection (d) or (e). All moneycollected by the probation department or the clerk under this sectionshall be transferred to the county treasurer, who shall deposit themoney into the county supplemental adult probation services fund.The fiscal body of the county shall appropriate money from thecounty supplemental adult probation services fund:
(1) to the county, superior, circuit, or municipal court of thecounty that provides probation services to adults to supplementadult probation services; and
(2) to supplement the salaries of probation officers inaccordance with the schedule adopted by the county fiscal bodyunder IC 36-2-16.5.
(g) The probation department or clerk shall collect theadministrative fee under subsection (e)(4) before collecting any otherfee under subsection (e). All money collected by the probationdepartment or the clerk of a city or town court under this sectionshall be transferred to the fiscal officer of the city or town for depositinto the local supplemental adult probation services fund. The fiscalbody of the city or town shall appropriate money from the localsupplemental adult probation services fund to the city or town courtof the city or town for the court's use in providing probation servicesto adults or for the court's use for other purposes as may beappropriated by the fiscal body. Money may be appropriated underthis subsection only to those city or town courts that have an adult
probation services program. If a city or town court does not havesuch a program, the money collected by the probation departmentmust be transferred and appropriated as provided under subsection(f).
(h) Except as provided in subsection (j), the county or localsupplemental adult probation services fund may be used only tosupplement probation services and to supplement salaries forprobation officers. A supplemental probation services fund may notbe used to replace other funding of probation services. Any moneyremaining in the fund at the end of the year does not revert to anyother fund but continues in the county or local supplemental adultprobation services fund.
(i) A person placed on probation for more than one (1) crime:
(1) may be required to pay more than one (1) initial probationuser's fee; and
(2) may not be required to pay more than one (1) monthlyprobation user's fee per month;
to the probation department or the clerk.
(j) This subsection applies to a city or town located in a countyhaving a population of more than one hundred eighty-two thousandseven hundred ninety (182,790) but less than two hundred thousand(200,000). Any money remaining in the local supplemental adultprobation services fund at the end of the local fiscal year may beappropriated by the city or town fiscal body to the city or town courtfor use by the court for purposes determined by the fiscal body.
(k) In addition to other methods of payment allowed by law, aprobation department may accept payment of fees required under thissection and section 1.5 of this chapter by credit card (as defined inIC 14-11-1-7). The liability for payment is not discharged until theprobation department receives payment or credit from the institutionresponsible for making the payment or credit.
(l) The probation department may contract with a bank or creditcard vendor for acceptance of bank or credit cards. However, if thereis a vendor transaction charge or discount fee, whether billed to theprobation department or charged directly to the probationdepartment's account, the probation department may collect a creditcard service fee from the person using the bank or credit card. Thefee collected under this subsection is a permitted additional chargeto the money the probation department is required to collect undersubsection (d) or (e).
(m) The probation department shall forward the credit cardservice fees collected under subsection (l) to the county treasurer orcity or town fiscal officer in accordance with subsection (f) or (g).These funds may be used without appropriation to pay thetransaction charge or discount fee charged by the bank or credit cardvendor.
As added by P.L.311-1983, SEC.3. Amended by P.L.182-1984,SEC.1; P.L.296-1985, SEC.2; P.L.178-1986, SEC.2; P.L.305-1987,SEC.36; P.L.123-1988, SEC.28; P.L.67-1990, SEC.10; P.L.1-1991,SEC.196; P.L.18-1995, SEC.112; P.L.216-1996, SEC.14;
P.L.117-1996, SEC.4; P.L.117-1996, SEC.6; P.L.170-2002,SEC.132; P.L.277-2003, SEC.11; P.L.98-2004, SEC.150;P.L.1-2006, SEC.529.
IC 35-38-2-1.5
Increased probation user's fee
Sec. 1.5. Notwithstanding the probation user's fee amountsestablished under section 1 of this chapter, a court may order aperson to pay a probation user's fee that exceeds the maximumamount allowed under section 1 of this chapter if:
(1) the person was placed on probation in another state andmoved or was transferred to Indiana;
(2) the other state allows a higher probation user's fee than themaximum amount allowed under section 1 of this chapter; and
(3) the probation user's fee the court orders the person to paydoes not exceed the maximum amount allowed in the otherstate.
As added by P.L.277-2003, SEC.12.
IC 35-38-2-1.7
Early payment of probation user's fee; recalculation of probationuser's fee; discharge; wage garnishment; withholding drivingprivileges
Sec. 1.7. (a) A person may pay a monthly probation user's feeunder section 1 or 1.5 of this chapter before the date the payment isrequired to be made without obtaining the prior approval of a courtor a probation department. However, if the person is discharged fromprobation before the date the person was scheduled to be releasedfrom probation, any monthly probation user's fee paid in advance bythe person may not be refunded.
(b) A probation department may petition a court to:
(1) impose a probation user's fee on a person; or
(2) increase a person's probation user's fee;
under section 1 or 1.5 of this chapter if the financial ability of theperson to pay a probation user's fee changes while the person is onprobation.
(c) An order to pay a probation user's fee under section 1 or 1.5 ofthis chapter:
(1) is a judgment lien that:
(A) attaches to the property of the person subject to theorder;
(B) may be perfected;
(C) may be enforced to satisfy any payment that isdelinquent under section 1 or 1.5 of this chapter; and
(D) expires;
in the same manner as a judgment lien created in a civilproceeding;
(2) is not discharged by the completion of the person'sprobationary period or other sentence imposed on the person;and (3) is not discharged by the liquidation of a person's estate by areceiver under IC 32-30-5.
(d) If a court orders a person to pay a probation user's fee undersection 1 or 1.5 of this chapter, the court may garnish the wages,salary, and other income earned by the person to enforce the order.
(e) If:
(1) a person is delinquent in paying the person's probation user'sfees required under section 1 or 1.5 of this chapter; and
(2) the person's driver's license or permit has been suspended orrevoked or the person has never been issued a driver's license orpermit;
the court may order the bureau of motor vehicles to not issue adriver's license or permit to the person until the person has paid theperson's delinquent probation user's fees.
As added by P.L.277-2003, SEC.13.
IC 35-38-2-1.8
New probation hearings allowed at any time; modification ofconditions; deadlines
Sec. 1.8. (a) This section does not apply to the modification of auser's fee payment under section 1.7(b) of this chapter.
(b) The court may hold a new probation hearing at any timeduring a probationer's probationary period:
(1) upon motion of the probation department or upon the court'smotion; and
(2) after giving notice to the probationer.
(c) At a probation hearing described in subsection (b), the courtmay modify the probationer's conditions of probation. If the courtmodifies the probationer's conditions of probation, the court shall:
(1) specify in the record the conditions of probation; and
(2) advise the probationer that if the probationer violates acondition of probation during the probationary period, a petitionto revoke probation may be filed before the earlier of thefollowing:
(A) One (1) year after the termination of probation.
(B) Forty-five (45) days after the state receives notice of theviolation.
(d) The court may hold a new probation hearing under this sectioneven if:
(1) the probationer has not violated the conditions of probation;or
(2) the probation department has not filed a petition to revokeprobation.
As added by P.L.14-2005, SEC.1.
IC 35-38-2-2
Repealed
(Repealed by P.L.1-1991, SEC.197.)
IC 35-38-2-2.1 Conditions of probation; payment of alcohol and drugcountermeasures fee
Sec. 2.1. As a condition of probation for a person who is found tohave:
(1) committed an offense under IC 9-30-5; or
(2) been adjudicated a delinquent for an act that would be anoffense under IC 9-30-5, if committed by an adult;
the court shall require the person to pay the alcohol and drugcountermeasures fee under IC 33-37.
As added by P.L.126-1989, SEC.28. Amended by P.L.2-1991,SEC.104; P.L.98-2004, SEC.151.
IC 35-38-2-2.2
Conditions of probation; registration with local law enforcementauthority; consent to search of computer
Sec. 2.2. As a condition of probation for a sex offender (asdefined in IC 11-8-8-4.5), the court shall:
(1) require the sex offender to register with the local lawenforcement authority under IC 11-8-8;
(2) prohibit the sex offender from residing within one thousand(1,000) feet of school property (as defined in IC 35-41-1-24.7),as measured from the property line of the sex offender'sresidence to the property line of the school property, for theperiod of probation, unless the sex offender obtains writtenapproval from the court;
(3) require the sex offender to consent:
(A) to the search of the sex offender's personal computer atany time; and
(B) to the installation on the sex offender's personalcomputer or device with Internet capability, at the sexoffender's expense, of one (1) or more hardware or softwaresystems to monitor Internet usage; and
(4) prohibit the sex offender from:
(A) accessing or using certain web sites, chat rooms, orinstant messaging programs frequented by children; and
(B) deleting, erasing, or tampering with information on thesex offender's personal computer with intent to conceal anactivity prohibited by clause (A).
If the court allows the sex offender to reside within one thousand(1,000) feet of school property under subdivision (2), the court shallnotify each school within one thousand (1,000) feet of the sexoffender's residence of the order. However, a court may not allow asex offender who is a sexually violent predator (as defined inIC 35-38-1-7.5) or an offender against children under IC 35-42-4-11to reside within one thousand (1,000) feet of school property.
As added by P.L.11-1994, SEC.14. Amended by P.L.214-1999,SEC.3; P.L.238-2001, SEC.19; P.L.116-2002, SEC.21;P.L.140-2006, SEC.23 and P.L.173-2006, SEC.23; P.L.216-2007,SEC.40; P.L.119-2008, SEC.16.
IC 35-38-2-2.3
Conditions of probation; statement of conditions; term ofimprisonment; intermittent service; transfers and retransfers ofsupervision
Sec. 2.3. (a) As a condition of probation, the court may require aperson to do a combination of the following:
(1) Work faithfully at suitable employment or faithfully pursuea course of study or career and technical education that willequip the person for suitable employment.
(2) Undergo available medical or psychiatric treatment andremain in a specified institution if required for that purpose.
(3) Attend or reside in a facility established for the instruction,recreation, or residence of persons on probation.
(4) Support the person's dependents and meet other familyresponsibilities.
(5) Make restitution or reparation to the victim of the crime fordamage or injury that was sustained by the victim. Whenrestitution or reparation is a condition of probation, the courtshall fix the amount, which may not exceed an amount theperson can or will be able to pay, and shall fix the manner ofperformance.
(6) Execute a repayment agreement with the appropriategovernmental entity to repay the full amount of public relief orassistance wrongfully received, and make repayments accordingto a repayment schedule set out in the agreement.
(7) Pay a fine authorized by IC 35-50.
(8) Refrain from possessing a firearm or other deadly weaponunless granted written permission by the court or the person'sprobation officer.
(9) Report to a probation officer at reasonable times as directedby the court or the probation officer.
(10) Permit the person's probation officer to visit the person atreasonable times at the person's home or elsewhere.
(11) Remain within the jurisdiction of the court, unless grantedpermission to leave by the court or by the person's probationofficer.
(12) Answer all reasonable inquiries by the court or the person'sprobation officer and promptly notify the court or probationofficer of any change in address or employment.
(13) Perform uncompensated work that benefits the community.
(14) Satisfy other conditions reasonably related to the person'srehabilitation.
(15) Undergo home detention under IC 35-38-2.5.
(16) Undergo a laboratory test or series of tests approved by thestate department of health to detect and confirm the presence ofthe human immunodeficiency virus (HIV) antigen or antibodiesto the human immunodeficiency virus (HIV), if:
(A) the person had been convicted of an offense relating toa criminal sexual act and the offense created anepidemiologically demonstrated risk of transmission of the
human immunodeficiency virus (HIV); or
(B) the person had been convicted of an offense relating toa controlled substance and the offense involved:
(i) the delivery by any person to another person; or
(ii) the use by any person on another person;
of a contaminated sharp (as defined in IC 16-41-16-2) orother paraphernalia that creates an epidemiologicallydemonstrated risk of transmission of HIV by involvingpercutaneous contact.
(17) Refrain from any direct or indirect contact with anindividual and, if convicted of an offense under IC 35-46-3, anyanimal belonging to the individual.
(18) Execute a repayment agreement with the appropriategovernmental entity or with a person for reasonable costsincurred because of the taking, detention, or return of a missingchild (as defined in IC 10-13-5-4).
(19) Periodically undergo a laboratory chemical test (as definedin IC 14-15-8-1) or series of chemical tests as specified by thecourt to detect and confirm the presence of a controlledsubstance (as defined in IC 35-48-1-9). The person on probationis responsible for any charges resulting from a test and shallhave the results of any test under this subdivision reported tothe person's probation officer by the laboratory.
(20) If the person was confined in a penal facility, execute areimbursement plan as directed by the court and makerepayments under the plan to the authority that operates thepenal facility for all or part of the costs of the person'sconfinement in the penal facility. The court shall fix an amountthat:
(A) may not exceed an amount the person can or will be ableto pay;
(B) does not harm the person's ability to reasonably be selfsupporting or to reasonably support any dependent of theperson; and
(C) takes into consideration and gives priority to any otherrestitution, reparation, repayment, or fine the person isrequired to pay under this section.
(21) Refrain from owning, harboring, or training an animal.
(22) Participate in a reentry court program.
(b) When a person is placed on probation, the person shall begiven a written statement specifying:
(1) the conditions of probation; and
(2) that if the person violates a condition of probation duringthe probationary period, a petition to revoke probation may befiled 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 theviolation.
(c) As a condition of probation, the court may require that theperson serve a term of imprisonment in an appropriate facility at the
time or intervals (consecutive or intermittent) within the period ofprobation the court determines.
(d) Intermittent service may be required only for a term of notmore than sixty (60) days and must be served in the county or localpenal facility. The intermittent term is computed on the basis of theactual days spent in confinement and shall be completed within one(1) year. A person does not earn credit time while serving anintermittent term of imprisonment under this subsection. When thecourt orders intermittent service, the court shall state:
(1) the term of imprisonment;
(2) the days or parts of days during which a person is to beconfined; and
(3) the conditions.
(e) Supervision of a person may be transferred from the court thatplaced the person on probation to a court of another jurisdiction, withthe concurrence of both courts. Retransfers of supervision may occurin the same manner. This subsection does not apply to transfers madeunder IC 11-13-4 or IC 11-13-5.
(f) When a court imposes a condition of probation described insubsection (a)(17):
(1) the clerk of the court shall comply with IC 5-2-9; and
(2) the prosecuting attorney shall file a confidential formprescribed or approved by the division of state courtadministration with the clerk.
(g) As a condition of probation, a court shall require a person:
(1) convicted of an offense described in IC 10-13-6-10;
(2) who has not previously provided a DNA sample inaccordance with IC 10-13-6; and
(3) whose sentence does not involve a commitment to thedepartment of correction;
to provide a DNA sample as a condition of probation.
As added by P.L.1-1991, SEC.198. Amended by P.L.2-1992,SEC.879; P.L.23-1994, SEC.16; P.L.1-1995, SEC.75; P.L.293-1995,SEC.1; P.L.76-2002, SEC.1; P.L.2-2003, SEC.91; P.L.60-2006,SEC.9; P.L.140-2006, SEC.24 and P.L.173-2006, SEC.24;P.L.1-2007, SEC.227; P.L.125-2007, SEC.8; P.L.234-2007,SEC.170; P.L.3-2008, SEC.249; P.L.111-2009, SEC.8.
IC 35-38-2-2.4
Conditions of probation for sex offenders
Sec. 2.4. As a condition of probation, the court may require a sexoffender (as defined in IC 11-8-8-4.5) to:
(1) participate in a treatment program for sex offendersapproved by the court; and
(2) avoid contact with any person who is less than sixteen (16)years of age unless the probationer:
(A) receives the court's approval; or
(B) successfully completes the treatment program referred toin subdivision (1).
As added by P.L.11-1994, SEC.15. Amended by P.L.238-2001,
SEC.20; P.L.116-2002, SEC.22; P.L.140-2006, SEC.25 andP.L.173-2006, SEC.25; P.L.1-2010, SEC.142.
IC 35-38-2-2.5
Residency requirements for certain offenders
Sec. 2.5. (a) As used in this section, "offender" means anindividual convicted of a sex offense.
(b) As used in this section, "sex offense" means any of thefollowing:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual battery (IC 35-42-4-8).
(9) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
(10) Incest (IC 35-46-1-3).
(c) A condition of remaining on probation or parole afterconviction for a sex offense is that the offender not reside within one(1) mile of the residence of the victim of the offender's sex offense.
(d) An offender:
(1) who will be placed on probation shall provide thesentencing court and the probation department with the addresswhere the offender intends to reside during the period ofprobation:
(A) at the time of sentencing if the offender will be placedon probation without first being incarcerated; or
(B) before the offender's release from incarceration if theoffender will be placed on probation after completing a termof incarceration; or
(2) who will be placed on parole shall provide the parole boardwith the address where the offender intends to reside during theperiod of parole.
(e) An offender, while on probation or parole, may not establisha new residence within one (1) mile of the residence of the victim ofthe offender's sex offense unless the offender first obtains a waiverfrom the:
(1) court, if the offender is placed on probation; or
(2) parole board, if the offender is placed on parole;
for the change of address under subsection (f).
(f) The court or parole board may waive the requirement set forthin subsection (c) only if the court or parole board, at a hearing atwhich the offender is present and of which the prosecuting attorneyhas been notified, determines that:
(1) the offender has successfully completed a sex offendertreatment program during the period of probation or parole;
(2) the offender is in compliance with all terms of the offender'sprobation or parole; and (3) good cause exists to allow the offender to reside within one(1) mile of the residence of the victim of the offender's sexoffense.
However, the court or parole board may not grant a waiver under thissubsection if the offender is a sexually violent predator underIC 35-38-1-7.5 or if the offender is an offender against childrenunder IC 35-42-4-11.
(g) If the court or parole board grants a waiver under subsection(f), the court or parole board shall state in writing the reasons forgranting the waiver. The court's written statement of its reasons shallbe incorporated into the record.
(h) The address of the victim of the offender's sex offense isconfidential even if the court or parole board grants a waiver undersubsection (f).
As added by P.L.116-2002, SEC.23. Amended by P.L.6-2006, SEC.6;P.L.139-2006, SEC.4, P.L.140-2006, SEC.26, and P.L.173-2006,SEC.26; P.L.216-2007, SEC.41.
IC 35-38-2-2.6
Conditions of probation or parole for persons convicted of stalking
Sec. 2.6. (a) As a condition of remaining on probation or paroleafter a conviction for stalking (IC 35-45-10-5), a court may prohibita person from residing within one thousand (1,000) feet of theresidence of the victim of the stalking for a period that does notexceed five (5) years.
(b) A person:
(1) who will be placed on probation shall provide thesentencing court and the probation department with the addresswhere the person intends to reside during the period ofprobation:
(A) at the time of sentencing if the person will be placed onprobation without first being incarcerated; or
(B) before the person's release from incarceration if theperson will be placed on probation after completing a termof incarceration; or
(2) who will be placed on parole shall provide the parole boardwith the address where the person intends to reside during theperiod of parole.
(c) A person, while on probation or parole, may not reside withinone thousand (1,000) feet of the residence of the victim of thestalking 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 forthin subsection (c) only if the court or parole board, at a hearing atwhich the person is present and of which the prosecuting attorneyhas been notified, determines that:
(1) the person is in compliance with all terms of the person'sprobation or parole; and (2) good cause exists to allow the person to reside within onethousand (1,000) feet of the residence of the victim of thestalking.
(e) If the court or parole board grants a waiver under subsection(d), the court or parole board shall state in writing the reasons forgranting the waiver. The court's written statement of its reasons shallbe incorporated into the record.
(f) The address of the victim of the stalking is confidential evenif the court or parole board grants a waiver under subsection (d).
As added by P.L.140-2006, SEC.27 and P.L.173-2006, SEC.27.
IC 35-38-2-3
Violation of conditions of probation
Sec. 3. (a) The court may revoke a person's probation if:
(1) the person has violated a condition of probation during theprobationary period; and
(2) the petition to revoke probation is filed during theprobationary 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 theviolation.
(b) When a petition is filed charging a violation of a condition ofprobation, 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 theperson's fleeing the jurisdiction or causing harm to others.
(c) The issuance of a summons or warrant tolls the period ofprobation until the final determination of the charge.
(d) The court shall conduct a hearing concerning the allegedviolation. The court may admit the person to bail pending thehearing.
(e) The state must prove the violation by a preponderance of theevidence. The evidence shall be presented in open court. The personis entitled to confrontation, cross-examination, and representation bycounsel.
(f) Probation may not be revoked for failure to comply withconditions of a sentence that imposes financial obligations on theperson unless the person recklessly, knowingly, or intentionally failsto pay.
(g) If the court finds that the person has violated a condition atany time before termination of the period, and the petition to revokeis 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 withoutmodifying or enlarging the conditions.
(2) Extend the person's probationary period for not more thanone (1) year beyond the original probationary period.
(3) Order execution of all or part of the sentence that wassuspended at the time of initial sentencing.
(h) If the court finds that the person has violated a condition of
home detention at any time before termination of the period, and thepetition to revoke probation is filed within the probationary period,the court shall:
(1) order one (1) or more sanctions as set forth in subsection(g); and
(2) provide credit for time served as set forth underIC 35-38-2.5-5.
(i) If the court finds that the person has violated a conditionduring any time before the termination of the period, and the petitionis filed under subsection (a) after the probationary period hasexpired, the court may:
(1) reinstate the person's probationary period, with or withoutenlarging the conditions, if the sum of the length of the originalprobationary period and the reinstated probationary period doesnot exceed the length of the maximum sentence allowable forthe offense that is the basis of the probation; or
(2) order execution of all or part of the sentence that wassuspended at the time of the initial sentencing.
(j) If the court finds that the person has violated a condition ofhome detention during any time before termination of the period, andthe petition is filed under subsection (a) after the probation periodhas expired, the court shall:
(1) order a sanction as set forth in subsection (i); and
(2) provide credit for time served as set forth underIC 35-38-2.5-5.
(k) A judgment revoking probation is a final appealable order.
(l) Failure to pay fines or costs (including fees) required as acondition of probation may not be the sole basis for commitment tothe department of correction.
(m) Failure to pay fees or costs assessed against a person underIC 33-40-3-6, IC 33-37-2-3(e), or IC 35-33-7-6 is not grounds forrevocation of probation.
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.