Sec. 3. (a) The court may, at the time of sentencing, order a person to be placed in a community corrections program as an alternative to commitment to the county jail or the department of correction. However, if a person has a nonsuspendible sentence, except for a nonsuspendible sentence under IC 35-50-2-2.2, a court may not order the person to serve the nonsuspendible portion of the person’s sentence in a community corrections program. The court may impose reasonable terms on the placement or require the director of the community corrections program to impose reasonable terms on the placement. A court shall require a person:

(1) who is described in IC 10-13-6-10(a);

Terms Used In Indiana Code 35-38-2.6-3

  • community corrections program: means a program consisting of residential centers and work release, home detention, or electronic monitoring that is:

    Indiana Code 35-38-2.6-2

  • Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(2) who has not previously provided a DNA sample in accordance with IC 10-13-6; and

(3) whose sentence does not involve a commitment to the department of correction;

to provide a DNA sample as a term of placement.

     (b) Placement in a community corrections program under this chapter is subject to the availability of residential beds or electronic monitoring units in a community corrections program. However, this subsection does not prohibit placement on home detention without electronic monitoring.

     (c) A person placed under this chapter is responsible for the person’s own medical care while in the placement program.

     (d) The community corrections program shall have access to and use an offender’s written presentence report or memorandum from a county probation agency, if applicable, when determining the offender’s eligibility for placement.

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; P.L.179-2015, SEC.15; P.L.111-2017, SEC.12; P.L.45-2022, SEC.4; P.L.72-2023, SEC.8.

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