IC 35-38-2.6
    Chapter 2.6. Direct Placement in Community CorrectionsProgram

IC 35-38-2.6-1
Application of chapter
    Sec. 1. (a) Except as provided in subsection (b), this chapterapplies to the sentencing of a person convicted of:
        (1) a felony whenever any part of the sentence may not besuspended under IC 35-50-2-2 or IC 35-50-2-2.1;
        (2) a misdemeanor whenever any part of the sentence may notbe suspended; or
        (3) an offense described in IC 35-50-2-2(b)(4)(R) (operating avehicle while intoxicated with at least two (2) prior unrelatedconvictions), if the person:
            (A) is required to serve the nonsuspendible part of thesentence in a community corrections:
                (i) work release program; or
                (ii) program that uses electronic monitoring as a part of theperson's supervision; and
            (B) participates in a court approved substance abuseprogram.
    (b) This chapter does not apply to persons convicted of any of thefollowing:
        (1) Sex crimes under IC 35-42-4 or IC 35-46-1-3.
        (2) Except as provided in subsection (a)(3), any of the felonieslisted in IC 35-50-2-2(b)(4).
        (3) An offense under IC 9-30-5-4.
        (4) An offense under IC 9-30-5-5.
As added by P.L.240-1991(ss2), SEC.96. Amended by P.L.144-1995,SEC.4; P.L.242-1999, SEC.9; P.L.17-2001, SEC.13; P.L.213-2005,SEC.6; P.L.151-2006, SEC.15.

IC 35-38-2.6-2
"Community corrections program" defined
    Sec. 2. As used in this chapter, "community corrections program"means a program consisting of residential and work release,electronic monitoring, day treatment, or day reporting that is:
        (1) operated under a community corrections plan of a countyand funded at least in part by the state subsidy provided underIC 11-12-2; or
        (2) operated by or under contract with a court or county.
As added by P.L.240-1991(ss2), SEC.96. Amended by P.L.135-1993,SEC.6; P.L.20-1994, SEC.3.

IC 35-38-2.6-3
Suspension of sentence and order for placement; availability andterms of placement; DNA sample required
    Sec. 3. (a) The court may, at the time of sentencing, suspend thesentence and order a person to be placed in a community corrections

program as an alternative to commitment to the department ofcorrection. The court may impose reasonable terms on the placement.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 term of placement.
    (b) Placement in a community corrections program under thischapter is subject to the availability of residential beds or homedetention units in a community corrections program.
    (c) A person placed under this chapter is responsible for theperson's own medical care while in the placement program.
    (d) Placement under this chapter is subject to the communitycorrections program receiving a written presentence report ormemorandum from a county probation agency.
As added by P.L.240-1991(ss2), SEC.96. Amended by P.L.135-1993,SEC.7; P.L.140-2006, SEC.29 and P.L.173-2006, SEC.29.

IC 35-38-2.6-4
Time period for suspension of sentence
    Sec. 4. If the court places a person in a community correctionsprogram under this chapter, the court shall suspend the sentence fora fixed period to end not later than the date the suspended sentenceexpires.
As added by P.L.240-1991(ss2), SEC.96.

IC 35-38-2.6-4.2
Community corrections direct placement
    Sec. 4.2. (a) A community corrections program shall establishwritten criteria and procedures for determining if an offender oralleged offender is eligible for direct placement supervision underthis chapter.
    (b) The criteria and procedures established under subsection (a)must establish a record keeping system that allows the department orcommunity corrections program to quickly determine if an offenderor alleged offender is in violation of the terms of a direct placementorder issued under this chapter.
    (c) A community corrections program charged by a court withsupervision of offenders and alleged offenders ordered to be placeddirectly in a community corrections program under this chapter shallprovide all law enforcement agencies, including any contract agency(as defined in IC 35-38-2.5-2.5), having jurisdiction in the placewhere a community corrections program is located a list of offendersand alleged offenders under direct placement supervision. 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 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'ssupervising community corrections program officer for directplacement 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 communitycorrections program charged by a court with supervision of offendersand alleged offenders ordered to undergo direct placement under thischapter shall, at the beginning of a period of the direct placement, setany monitoring device (as defined in IC 35-38-2.5-3) andsurveillance equipment to minimize the possibility that the offenderor alleged offender may enter another residence or structure withoutthe detection of a violation.
    (e) A community corrections program charged by a court withsupervision of offenders and alleged offenders ordered to undergodirect placement under this chapter shall:
        (1) maintain or contract with a contract agency to maintainconstant supervision of each offender and alleged offender asdescribed in subsection (f); and
        (2) have adequate staff available twenty-four (24) hours eachday to respond if an offender or alleged offender violates theconditions of the direct placement order under this chapter.
A community corrections program may contract with a contractagency under this subsection only if the contract agency is able tocomply with subsection (f).
    (f) A contract agency:
        (1) that maintains supervision of an offender or alleged offenderunder subsection (e)(1) shall follow the rules set by the localcommunity corrections advisory board as a part of communitycorrections program direct placement written criteria andprocedures; and
        (2) shall notify the contracting community corrections programwithin one (1) hour if the offender or alleged offender violatesthe conditions of the direct placement order. However, if ashorter notification time is required by the communitycorrections program, a community corrections advisory boardmust require a contract agency to comply with the shorternotification requirement for a direct placement order violationas if the offender were serving a direct placement order as partof a community corrections program.
    (g) A community corrections program or contract agency chargedby a court with supervision of an offender or alleged offender placedunder direct placement under this chapter shall cause a local lawenforcement agency or contract agency described in this section tobe the initial agency contacted upon determining that the offender isin violation of a direct placement order.
As added by P.L.105-2010, SEC.12.

IC 35-38-2.6-4.5 Home detention in community corrections program
    Sec. 4.5. If a court places a person on home detention as part ofa community corrections program, the placement must comply withall applicable provisions in IC 35-38-2.5.
As added by P.L.137-2001, SEC.10. Amended by P.L.105-2010,SEC.13.

IC 35-38-2.6-5
Violation of terms of placement
    Sec. 5. If a person who is placed under this chapter violates theterms of the placement, the court may, after a hearing, do any of thefollowing:
        (1) Change the terms of the placement.
        (2) Continue the placement.
        (3) Revoke the placement and commit the person to thedepartment of correction for the remainder of the person'ssentence.
As added by P.L.240-1991(ss2), SEC.96.

IC 35-38-2.6-6
Credit time
    Sec. 6. (a) As used in this subsection, "home" means the actualliving area of the temporary or permanent residence of a person. Aperson who is placed in a community corrections program under thischapter is entitled to earn credit time under IC 35-50-6.
    (b) A person who is placed in a community corrections programunder this chapter may be deprived of earned credit time as providedunder rules adopted by the department of correction under IC 4-22-2.
As added by P.L.240-1991(ss2), SEC.96. Amended by P.L.135-1993,SEC.8; P.L.20-1994, SEC.4; P.L.105-2010, SEC.14.

IC 35-38-2.6-7
Completion of program; probation
    Sec. 7. When a person completes a placement program under thischapter, the court shall place the person on probation.
As added by P.L.240-1991(ss2), SEC.96.