Sec. 10. (a) Each probation department or community corrections program shall establish written criteria and procedures for determining whether an offender or alleged offender that the department or program supervises on home detention qualifies as a violent offender.

     (b) A probation department or community corrections program shall use the criteria and procedures established under subsection (a) to establish a record keeping system that allows the department or program to quickly determine whether an offender or alleged offender who violates the terms of a home detention order is a violent offender.

Terms Used In Indiana Code 35-38-2.5-10

  • constant supervision: means monitoring a violent offender in accordance with the requirements described in Indiana Code 35-38-2.5-2.3
  • Contract: A legal written agreement that becomes binding when signed.
  • contract agency: means an agency or a company that contracts with a community corrections program or a probation department to monitor an offender or alleged offender using a monitoring device. See Indiana Code 35-38-2.5-2.5
  • home: means :

    Indiana Code 35-38-2.5-2

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • monitoring device: means an electronic device that:

    Indiana Code 35-38-2.5-3

  • offender: has the meaning set forth in IC 11-8-1-9. See Indiana Code 35-38-2.5-4
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • violent offender: has the meaning set forth in Indiana Code 35-38-2.5-4.7
     (c) A probation department or a community corrections program charged by a court with supervision of offenders and alleged offenders ordered to undergo home detention shall provide all law enforcement agencies (including any contract agencies) having jurisdiction in the place where the probation department or a community corrections program is located with a list of offenders and alleged offenders under home detention supervised by the probation department or the community corrections program. The list must include the following information about each offender and alleged offender:

(1) The offender’s name, any known aliases, and the location of the 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’s supervising probation or community corrections program officer for home detention.

(5) An indication of whether the offender or alleged offender is a violent offender.

     (d) Except as provided under section 6(1) of this chapter, a probation department or community corrections program charged by a court with supervision of offenders and alleged offenders ordered to undergo home detention shall, at the beginning of a period of home detention, set the monitoring device and surveillance equipment to minimize the possibility that the offender or alleged offender can enter another residence or structure without a violation.

     (e) A probation department or community corrections program charged by a court with supervision of offenders and alleged offenders ordered to undergo home detention shall maintain or contract with a contract agency to maintain constant supervision of each offender and alleged offender in accordance with IC 35-38-2.7.

     (f) A probation department or community corrections program may contract with a contract agency under subsection (e) only if the contract agency can comply with the requirements described in IC 35-38-2.7.

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; P.L.84-2022, SEC.14.

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