CHAPTER 2.5. HOME DETENTION
IC 35-38-2.5
Chapter 2.5. Home Detention
IC 35-38-2.5-1
Offenders to which chapter applies
Sec. 1. This chapter applies to adult offenders and to juvenileswho have committed a delinquent act that would be a crime ifcommitted by an adult.
As added by P.L.98-1988, SEC.6.
IC 35-38-2.5-2
"Home" defined
Sec. 2. As used in this chapter, "home" means:
(1) the interior living area of the temporary or permanentresidence of an offender; or
(2) if the offender's residence is a multi-family dwelling, theunit in which the offender resides, and not the:
(A) halls or common areas outside the unit where theoffender resides; or
(B) other units, occupied or unoccupied, in the multi-familydwelling.
The term includes a hospital, health care facility, hospice, grouphome, maternity home, residential treatment facility, and boardinghouse. The term does not include a public correctional facility.
As added by P.L.98-1988, SEC.6. Amended by P.L.117-1990, SEC.5;P.L.137-2001, SEC.1; P.L.105-2010, SEC.11.
IC 35-38-2.5-2.3
"Constant supervision" defined
Sec. 2.3. As used in this chapter, "constant supervision" meansmonitoring a violent offender twenty-four (24) hours each day bymeans described in section 12(b) of this chapter.
As added by P.L.137-2001, SEC.2.
IC 35-38-2.5-2.5
"Contract agency" defined
Sec. 2.5. As used in this chapter, "contract agency" means anagency or a company that contracts with a community correctionsprogram or a probation department to monitor an offender or allegedoffender using a monitoring device.
As added by P.L.31-2005, SEC.1.
IC 35-38-2.5-3
"Monitoring device" defined
Sec. 3. (a) As used in this chapter, "monitoring device" means anelectronic device that:
(1) can record or transmit information twenty-four (24) hourseach day regarding an offender's:
(A) presence or absence from the offender's home; or
(B) precise location; (2) is minimally intrusive upon the privacy of the offender orother persons residing in the offender's home;
(3) with the written consent of the offender and with the writtenconsent of other persons residing in the home at the time anorder for home detention is entered, may record or transmit:
(A) a visual image;
(B) an electronic communication or any sound; or
(C) information regarding the offender's activities whileinside the offender's home; and
(4) can notify a probation department, a community correctionsprogram, or a contract agency if the offender violates the termsof a home detention order.
(b) The term includes any device that can reliably determine thelocation of an offender and track the locations where the offender hasbeen, including a device that uses a global positioning systemsatellite service.
As added by P.L.98-1988, SEC.6. Amended by P.L.31-2005, SEC.2.
IC 35-38-2.5-4
"Offender" defined
Sec. 4. As used in this chapter, "offender" has the meaning setforth in IC 11-8-1-9.
As added by P.L.98-1988, SEC.6.
IC 35-38-2.5-4.5
"Security risk" defined
Sec. 4.5. As used in this chapter, "security risk" means a personwho is:
(1) a flight risk; or
(2) a threat to the physical safety of the public.
As added by P.L.137-2001, SEC.3.
IC 35-38-2.5-4.7
"Violent offender" defined
Sec. 4.7. As used in this chapter, "violent offender" means aperson who is:
(1) convicted of an offense or attempted offense underIC 35-50-1-2(a), IC 35-42-2-1, IC 35-42-2-1.3, IC 35-43-1-1,IC 35-44-3-5, IC 35-45-10-5, IC 35-47-5-1 (repealed), orIC 35-47.5-5;
(2) charged with an offense or attempted offense listed inIC 35-50-1-2(a), IC 35-42-2-1, IC 35-42-2-1.3, IC 35-42-4,IC 35-43-1-1, IC 35-44-3-5, IC 35-45-10-5, IC 35-46-1-3,IC 35-47-5-1 (repealed), or IC 35-47.5-5; or
(3) a security risk as determined under section 10 of thischapter.
As added by P.L.137-2001, SEC.4. Amended by P.L.123-2002,SEC.32; P.L.55-2003, SEC.2; P.L.31-2005, SEC.3.
IC 35-38-2.5-5 Home detention as condition of probation
Sec. 5. (a) Except as provided in section 5.5 of this chapter, as acondition of probation a court may order an offender confined to theoffender's home for a period of home detention lasting at least sixty(60) days.
(b) The period of home detention may be consecutive ornonconsecutive, as the court orders. However, the aggregate timeactually spent in home detention must not exceed:
(1) the minimum term of imprisonment prescribed for a felonyunder IC 35-50-2; or
(2) the maximum term of imprisonment prescribed for amisdemeanor under IC 35-50-3;
for the crime committed by the offender.
(c) The court may order supervision of an offender's homedetention to be provided by the probation department for the court orby a community corrections program that provides supervision ofhome detention.
(d) A person's term of confinement on home detention under thischapter is computed on the basis of the actual days the person spendson home detention.
(e) A person confined on home detention as a condition ofprobation earns credit for time served.
As added by P.L.98-1988, SEC.6. Amended by P.L.20-1994, SEC.2;P.L.137-2001, SEC.5; P.L.166-2001, SEC.2.
IC 35-38-2.5-5.5
Home detention
Sec. 5.5. (a) Except as provided in subsection (b), a court in one(1) county may not place an offender who resides in another countyon home detention in the other county unless:
(1) the offender is eligible for home detention in the county inwhich the person resides; and
(2) supervision of the offender will be conducted by theprobation department or community corrections programlocated in the county in which the offender resides.
(b) If the offender described in subsection (a) resides in a countythat is adjacent to the county in which the sentencing court is located,the supervision of the offender may be conducted by either the:
(1) probation department; or
(2) community corrections program;
located in the county in which the sentencing court is located.
(c) All home detention fees described in section 8 of this chaptershall be collected by the probation department or communitycorrections program that supervises the offender.
(d) A probation department or community corrections programthat supervises an offender on home detention is responsible for theexpenses of the supervision.
As added by P.L.137-2001, SEC.6. Amended by P.L.48-2008, SEC.2.
IC 35-38-2.5-6 Orders for home detention; contents
Sec. 6. An order for home detention of an offender under section5 of this chapter must include the following:
(1) A requirement that the offender be confined to the offender'shome at all times except when the offender is:
(A) working at employment approved by the court ortraveling to or from approved employment;
(B) unemployed and seeking employment approved for theoffender by the court;
(C) undergoing medical, psychiatric, mental healthtreatment, counseling, or other treatment programs approvedfor the offender by the court;
(D) attending an educational institution or a programapproved for the offender by the court;
(E) attending a regularly scheduled religious service at aplace of worship; or
(F) participating in a community work release or communityrestitution or service program approved for the offender bythe court.
(2) Notice to the offender that violation of the order for homedetention may subject the offender to prosecution for the crimeof escape under IC 35-44-3-5.
(3) A requirement that the offender abide by a scheduleprepared by the probation department, or by a communitycorrections program ordered to provide supervision of theoffender's home detention, specifically setting forth the timeswhen the offender may be absent from the offender's home andthe locations the offender is allowed to be during the scheduledabsences.
(4) A requirement that the offender is not to commit anothercrime during the period of home detention ordered by the court.
(5) A requirement that the offender obtain approval from theprobation department or from a community corrections programordered to provide supervision of the offender's home detentionbefore the offender changes residence or the schedule describedin subdivision (3).
(6) A requirement that the offender maintain:
(A) a working telephone in the offender's home; and
(B) if ordered by the court, a monitoring device in theoffender's home or on the offender's person, or both.
(7) A requirement that the offender pay a home detention fee setby the court in addition to the probation user's fee requiredunder IC 35-38-2-1 or IC 31-40. However, the fee set under thissubdivision may not exceed the maximum fee specified by thedepartment of correction under IC 11-12-2-12.
(8) A requirement that the offender abide by other conditions ofprobation set by the court under IC 35-38-2-2.3.
(9) A requirement that an offender:
(A) who is convicted of an offense described inIC 10-13-6-10; (B) who has not previously provided a DNA sample inaccordance with IC 10-13-6; and
(C) whose sentence does not involve a commitment to thedepartment of correction;
provide a DNA sample.
As added by P.L.98-1988, SEC.6. Amended by P.L.1-1991, SEC.199;P.L.240-1991(ss2), SEC.95; P.L.1-1997, SEC.147; P.L.32-2000,SEC.24; P.L.140-2006, SEC.28 and P.L.173-2006, SEC.28;P.L.1-2007, SEC.228.
IC 35-38-2.5-7
Home detention; where permitted
Sec. 7. (a) A court may not order home detention for an offenderunless the offender agrees to abide by all of the requirements setforth in the court's order issued under this chapter.
(b) A court may not order home detention for an offender who isbeing held under a detainer, warrant, or process issued by a court ofanother jurisdiction.
(c) A court may not order home detention for an offender who hasbeen convicted of a sex offense under IC 35-42-4 or IC 35-46-1-3unless:
(1) the home detention is supervised by a court approved homedetention program; and
(2) the conditions of home detention:
(A) include twenty-four (24) hour per day supervision of theoffender; and
(B) require the use of surveillance equipment and amonitoring device that can transmit information twenty-four(24) hours each day regarding an offender's precise location.
As added by P.L.98-1988, SEC.6. Amended by P.L.144-1995, SEC.3;P.L.55-2003, SEC.3; P.L.31-2005, SEC.4.
IC 35-38-2.5-8
Home detention fees
Sec. 8. (a) All home detention fees collected by a county basedprobation department shall be transferred to the county treasurer whoshall deposit the fees into the county supplemental adult or juvenileprobation services fund. The expenses of administering a homedetention program, including the purchase of monitoring devices andother supervision expenses shall be paid from the fund.
(b) All home detention fees collected by the probation departmentof a city or town court shall be transferred to the fiscal officer of thecity or town who shall deposit the fees into the local supplementaladult or juvenile probation services fund. The expenses ofadministering a home detention program, including the purchase ofmonitoring devices and other supervision expenses shall be paidfrom the fund.
(c) All home detention fees collected by a community correctionsprogram, except any funds received by a community correctionsprogram under IC 11-12, shall be deposited into the community
corrections home detention fund established for the county underIC 11-12-7-1. The expenses of administering a communitycorrections home detention program, including the purchase ofmonitoring devices and other supervision expenses shall be paidfrom the fund.
As added by P.L.98-1988, SEC.6. Amended by P.L.104-1997, SEC.7.
IC 35-38-2.5-9
Responsibility for food, housing, and related costs
Sec. 9. An offender ordered to undergo home detention undersection 5 of this chapter is responsible for providing food, housing,clothing, medical care, and other treatment expenses. The offenderis eligible to receive government benefits allowable for persons onprobation, parole, or other conditional discharge from confinement.
As added by P.L.98-1988, SEC.6.
IC 35-38-2.5-10
Violation of home detention; violent offender status; contractagencies
Sec. 10. (a) Each probation department or community correctionsprogram shall establish written criteria and procedures fordetermining whether an offender or alleged offender that thedepartment or program supervises on home detention qualifies as aviolent offender.
(b) A probation department or community corrections programshall use the criteria and procedures established under subsection (a)to establish a record keeping system that allows the department orprogram to quickly determine whether an offender or allegedoffender who violates the terms of a home detention order is aviolent offender.
(c) A probation department or a community corrections programcharged by a court with supervision of offenders and allegedoffenders ordered to undergo home detention shall provide all lawenforcement agencies (including any contract agencies) havingjurisdiction in the place where the probation department or acommunity corrections program is located with a list of offendersand alleged offenders under home detention supervised by theprobation department or the community corrections program. The listmust include the following information about each offender andalleged offender:
(1) The offender's name, any known aliases, and the location ofthe 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'ssupervising probation or community corrections programofficer for home detention.
(5) An indication of whether the offender or alleged offender isa violent offender.
(d) Except as provided under section 6(1) of this chapter, a
probation department or community corrections program charged bya court with supervision of offenders and alleged offenders orderedto undergo home detention shall, at the beginning of a period ofhome detention, set the monitoring device and surveillanceequipment to minimize the possibility that the offender or allegedoffender can enter another residence or structure without a violation.
(e) A probation department or community corrections programcharged by a court with supervision of offenders and allegedoffenders ordered to undergo home detention shall:
(1) maintain or contract with a contract agency to maintainconstant supervision of each offender and alleged offender; and
(2) have adequate staff available twenty-four (24) hours eachday to respond if an offender or alleged offender violates theconditions of a home detention order.
(f) A contract agency that maintains supervision of an offender oralleged offender under subsection (e)(1) shall notify the contractingprobation department or community corrections program within one(1) hour if the offender or alleged offender violates the conditions ofa home detention order. However:
(1) a community corrections advisory board, if the offender isserving home detention as part of a community correctionsprogram; or
(2) a probation department, if the offender or alleged offenderis serving home detention as a condition of probation or bail;
may shorten the time in which the contract agency must give noticeof a home detention order violation.
(g) A probation department or community corrections programmay contract with a contract agency under subsection (e)(1) only ifthe contract agency can comply with subsection (f).
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.
IC 35-38-2.5-11
Monitoring devices; information to offender
Sec. 11. Before entering an order for home detention that requiresthe use of a monitoring device described in section 3(3) of thischapter the court shall inform the offender and other persons residingin the home of the nature and extent of electronic surveillanceprovided by the monitoring device in the home.
As added by P.L.98-1988, SEC.6.
IC 35-38-2.5-12
Supervision of violent offender on home detention
Sec. 12. (a) A probation department or community correctionsprogram charged by a court with supervision of a violent offenderplaced on home detention under this chapter shall:
(1) cause a local law enforcement agency or contract agencydescribed in section 10 of this chapter to be the initial agencycontacted upon determining that the violent offender is inviolation of a home detention order; (2) maintain constant supervision of the violent offender usingsurveillance equipment and a monitoring device that cantransmit information twenty-four (24) hours each day regardingan offender's precise location by either:
(A) using the supervising entity's equipment and personnel;or
(B) contracting with a contract agency; and
(3) have adequate staff available twenty-four (24) hours eachday to respond if the violent offender violates the conditions ofa home detention order.
(b) A contract agency that maintains supervision of a violentoffender under subsection (a)(2) shall notify the contractingprobation department or community corrections program within one(1) hour if the violent offender violates the conditions of a homedetention order. However, a:
(1) community corrections advisory board, if the violentoffender is serving home detention as part of a communitycorrections program; or
(2) probation department, if the violent offender is servinghome detention as a condition of probation or bail;
may shorten the time in which the contract agency must give noticeof a home detention order violation.
(c) A probation department or community corrections programmay contract with a contract agency under subsection (a)(2) only ifthe contract agency can comply with subsection (b).
As added by P.L.137-2001, SEC.8. Amended by P.L.31-2005, SEC.6.
IC 35-38-2.5-13
Unauthorized absence from home detention
Sec. 13. An offender who:
(1) leaves the offender's home in violation of section 6(1) of thischapter or without documented permission from the supervisingentity;
(2) remains outside the offender's home in violation of section6(1) of this chapter or without documented permission from thesupervising entity; or
(3) travels to a location not authorized under section 6(1) of thischapter or not authorized in writing by the supervising entity;
commits unauthorized absence from home detention, a Class Amisdemeanor.
As added by P.L.137-2001, SEC.9.