Sec. 1.8. (a) This section does not apply to the modification of a user’s fee payment under section 1.7(b) of this chapter.

     (b) The court may hold a new probation hearing at any time during a probationer’s probationary period:

Terms Used In Indiana Code 35-38-2-1.8

  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(1) upon motion of the probation department or upon the court’s motion; and

(2) after giving notice to the probationer.

     (c) At a probation hearing described in subsection (b), the court may modify the probationer’s conditions of probation. If the court modifies 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 a condition of probation during the probationary period, a petition to revoke probation 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 the violation.

     (d) The court may hold a new probation hearing under this section even if:

(1) the probationer has not violated the conditions of probation; or

(2) the probation department has not filed a petition to revoke probation.

As added by P.L.14-2005, SEC.1.

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