CHAPTER 9. INTERSTATE COMMUNITY CORRECTIONS HEARINGS
IC 11-12-9
Chapter 9. Interstate Community Corrections Hearings
IC 11-12-9-1
Notice of potential reincarceration; submission to compact
administrator
Sec. 1. If supervision of a person placed in a community
corrections program is being administered under IC 11-12-8, the
appropriate judicial or administrative authorities in Indiana shall
notify the compact administrator of the sending state if consideration
should be given to retaking or reincarcerating the person because of
a violation of a term of the person's community corrections sentence.
As added by P.L.73-1994, SEC.2.
IC 11-12-9-2
Hearings prior to notice of reincarceration
Sec. 2. Before giving notification under section 1 of this chapter,
a hearing shall be held in accordance with this chapter within a
reasonable time unless the hearing is waived by the person who has
allegedly violated a term of the person's community corrections
sentence.
As added by P.L.73-1994, SEC.2.
IC 11-12-9-3
Hearing record, report, and recommendations
Sec. 3. As soon as practicable after the conclusion of a hearing
described in section 2 of this chapter, the appropriate officer of
Indiana shall do the following:
(1) Report to the sending state.
(2) Furnish the sending state with a copy of the hearing record.
(3) Make recommendations regarding the disposition of the
person to the sending state.
As added by P.L.73-1994, SEC.2.
IC 11-12-9-4
Violations of community corrections sentence; custody and
detention
Sec. 4. Pending any proceeding under this chapter, the appropriate
officer of Indiana may take custody of and detain the person who
allegedly violated a term of the person's community corrections
sentence:
(1) for not more than fifteen (15) days before a hearing is
conducted under this chapter; and
(2) if:
(A) the hearing is waived under section 2 of this chapter; or
(B) it appears to a hearing officer that retaking or
reincarceration is likely to follow the person's hearing;
for a reasonable time after the hearing is waived or the hearing
has concluded that is necessary to arrange for the person's
retaking or reincarceration.
As added by P.L.73-1994, SEC.2.
IC 11-12-9-5
Hearing officers
Sec. 5. A hearing conducted under this chapter may be held
before:
(1) the administrator of the interstate compact for the
supervision of persons in community corrections programs or
a deputy of the administrator; or
(2) any other person authorized under the laws of this state to
hear cases of alleged community corrections violations.
However, the hearing officer may not be the person who alleged that
the person violated a term of the person's community corrections
sentence.
As added by P.L.73-1994, SEC.2.
IC 11-12-9-6
Hearing rights of accused community corrections sentence violator
Sec. 6. At a hearing conducted under this chapter, the person who
has allegedly violated a term of the person's community corrections
sentence:
(1) is entitled to reasonable notice in writing of the nature and
content of the allegations to be made, including notice that the
purpose of the hearing is to determine whether there is probable
cause to believe that the person has committed an act that may
lead to a revocation of the person's participation in a community
corrections program;
(2) is entitled to confront and examine any persons who have
made allegations against the person; and
(3) may admit, deny, or explain the violation alleged, call
witnesses, and present proof, including affidavits and other
evidence, in support of the person's contentions.
As added by P.L.73-1994, SEC.2.
IC 11-12-9-7
Record of proceedings
Sec. 7. A record of the proceedings under this chapter shall be
made and preserved.
As added by P.L.73-1994, SEC.2.
IC 11-12-9-8
Hearings held in other states; records
Sec. 8. (a) If a person being supervised in another state under the
interstate compact set forth in IC 11-12-8 is alleged to have violated
a term of the person's community corrections sentence, any
appropriate judicial or administrative officer or agency in the other
state may conduct a hearing concerning the alleged violation.
(b) Upon receipt of the record of a hearing held in another state
under a statute substantially similar to IC 11-12-8 and this chapter,
the record has the same standing and effect as though the proceeding
of which it is a record had been conducted before the appropriate
officer in Indiana. The recommendations contained in or
accompanying the record shall be fully considered by the appropriate
officer in making a decision concerning the alleged violation.
As added by P.L.73-1994, SEC.2.