CHAPTER 1. PROBATION ADMINISTRATION
IC 11-13
ARTICLE 13. PROBATION AND PAROLE
IC 11-13-1
Chapter 1. Probation Administration
IC 11-13-1-1
Probation officers; appointment; qualifications; term,
responsibility, salaries, expenses, bond
Sec. 1. (a) A court or division of a court authorized to impose
probation shall appoint one (1) or more probation officers, depending
on the needs of the court, except that two (2) or more divisions
within a court, two (2) or more courts within a county, or two (2) or
more courts not in the same county may jointly appoint and employ
one (1) or more probation officers for the purpose of meeting the
requirements of this section.
(b) A person may be appointed as a probation officer after the
effective date established by the judicial conference of Indiana only
if that person meets the minimum employment qualifications adopted
by the conference, except that this requirement does not apply to any
person certified as a qualified probation officer before that effective
date. Any uncertified person appointed as a probation officer after
the effective date who fails to successfully complete the written
examination established under section 8 of this chapter within six (6)
months after the date of the person's appointment is prohibited from
exercising the powers of a probation officer as granted by law.
(c) Probation officers shall serve at the pleasure of the appointing
court and are directly responsible to and subject to the orders of the
court. The amount and time of payment of salaries of probation
officers shall be fixed by the county, city, or town fiscal body in
accordance with the salary schedule adopted by the county, city, or
town fiscal body under IC 36-2-16.5. The salary of a probation
officer shall be paid out of the county, city, or town treasury by the
county auditor or city controller. Probation officers are entitled to
their actual expenses necessarily incurred in the performance of their
duties. Probation officers shall give a bond if the court so directs in
a sum to be fixed by the court.
(d) A court, or two (2) or more courts acting jointly, may
designate a probation officer to direct and supervise the work of the
probation department.
As added by Acts 1979, P.L.120, SEC.6. Amended by Acts 1980,
P.L.89, SEC.1; P.L.277-2003, SEC.2.
IC 11-13-1-2
Administrative personnel; appointment; term; salaries
Sec. 2. The courts authorized to appoint probation officers shall
appoint administrative personnel needed to properly discharge the
probation function. These personnel serve at the pleasure of the
appointing court. The amount and time of payment of salaries of
administrative personnel shall be fixed by the court to be paid out of
the county or city treasury by the county auditor or city controller.
As added by Acts 1979, P.L.120, SEC.6.
IC 11-13-1-3
Probation officers; mandatory duties
Sec. 3. A probation officer shall:
(1) conduct prehearing and presentence investigations and
prepare reports as required by law;
(2) assist the courts in making pretrial release decisions;
(3) assist the courts, prosecuting attorneys, and other law
enforcement officials in making decisions regarding the
diversion of charged individuals to appropriate noncriminal
alternatives;
(4) furnish each person placed on probation under his
supervision a written statement of the conditions of his
probation and instruct him regarding those conditions;
(5) supervise and assist persons on probation consistent with
conditions of probation imposed by the court;
(6) bring to the court's attention any modification in the
conditions of probation considered advisable;
(7) notify the court when a violation of a condition of probation
occurs;
(8) cooperate with public and private agencies and other
persons concerned with the treatment or welfare of persons on
probation, and assist them in obtaining services from those
agencies and persons;
(9) keep accurate records of cases investigated by him and of all
cases assigned to him by the court and make these records
available to the court upon request;
(10) collect and disburse money from persons under his
supervision according to the order of the court, and keep
accurate and complete accounts of those collections and
disbursements;
(11) assist the court in transferring supervision of a person on
probation to a court in another jurisdiction; and
(12) perform other duties required by law or as directed by the
court.
As added by Acts 1979, P.L.120, SEC.6.
IC 11-13-1-3.5
Probation officers; requirements for carrying handgun
Sec. 3.5. A probation officer may not carry a handgun as
described in IC 35-47-2-1 while acting in the scope of employment
as a probation officer unless all of the following conditions are met:
(1) The appointing court enters an order authorizing the
probation officer to carry the handgun while on duty.
(2) The probation officer is issued a license to carry the
handgun under IC 35-47-2.
(3) The probation officer successfully completes a handgun
safety course certified by the law enforcement training board
under IC 5-2-1-9(m).
As added by P.L.45-2001, SEC.2.
IC 11-13-1-3.8
Applicability of IC 34-13-3
Sec. 3.8. The provisions of IC 34-13-3 apply whenever:
(1) a governmental entity or its employee is sued for civil
damages; and
(2) the civil action arises out of an act within the scope of a
probation officer's employment or duties.
As added by P.L.45-2001, SEC.3.
IC 11-13-1-4
Probation department; annual compilation of statistical
information; contents
Sec. 4. (a) Every probation department shall annually compile,
and make available to the judicial conference of Indiana upon
request, accurate statistical information pertaining to its operation,
including:
(1) presentence and predisposition reports prepared;
(2) investigations and reports regarding cases assigned to that
probation department and disposed of prior to trial;
(3) cases disposed of by termination of supervision, including
revocation of probation;
(4) that probation department's operational costs, including
salaries of probation officers and administrative personnel; and
(5) persons employed.
(b) Before January 5 of each year each probation department shall
send to the judicial conference the following statistical information
concerning home detention for the preceding calendar year:
(1) The number of persons supervised by the department or by
a community corrections program who were placed in home
detention under IC 35-38-2.5.
(2) The number of persons supervised by the department or by
a community corrections program who successfully completed
a period of home detention ordered under IC 35-38-2.5.
(3) The number of persons supervised by the department or by
a community corrections program who failed to complete a
period of home detention ordered under IC 35-38-2.5, and a
description of the subsequent disposition for those persons.
(4) For each person under home detention supervised by the
department or by a community corrections program, a
description of the most serious offense for which the person
was convicted with the resulting sentence including a period of
home detention ordered as a condition of probation.
(5) The amount of home detention user fees collected by the
department under IC 35-38-2.5.
(6) The amount of home detention user fees deposited into the
community corrections home detention fund for the county in
which the department is located.
(7) The average expense per person placed in home detention
supervised by the department with a monitoring device.
(8) The average expense per person placed in home detention
supervised by the department without a monitoring device.
As added by Acts 1979, P.L.120, SEC.6. Amended by Acts 1980,
P.L.89, SEC.2; P.L.98-1988, SEC.2.
IC 11-13-1-5
Probation officers; permissive powers
Sec. 5. A probation officer may:
(1) visit and confer with any person under investigation or
under his supervision;
(2) exercise those powers necessary to carry out his duties; and
(3) act as a parole officer for the department when requested by
the department and when the request is approved by the court.
As added by Acts 1979, P.L.120, SEC.6.
IC 11-13-1-6
Probation standards and practices advisory committee;
establishment; membership
Sec. 6. There is established within the judicial conference of
Indiana a probation standards and practices advisory committee,
consisting of the following ten (10) members, not more than five (5)
of whom may be affiliated with the same political party:
(1) the chief justice of the supreme court or his designee, who
shall serve as chairman of the committee;
(2) the commissioner or his designee;
(3) one (1) judge of a circuit or superior court having criminal
jurisdiction;
(4) one (1) judge of a county or municipal court having criminal
jurisdiction;
(5) one (1) judge of a circuit or superior court having juvenile
jurisdiction;
(6) one (1) supervising probation officer;
(7) two (2) probation officers, one (1) whose primary
responsibility is adult supervision and one (1) whose primary
responsibility is juvenile supervision; and
(8) two (2) lay persons.
As added by Acts 1979, P.L.120, SEC.6. Amended by Acts 1980,
P.L.89, SEC.3.
IC 11-13-1-7
Probation standards and practices advisory committee;
appointment; term; vacancies; salaries and expenses; meetings
Sec. 7. (a) Other than the commissioner and the chief justice, who
shall serve by virtue of their offices, or their designees, members of
the probation standards and practices advisory committee shall be
appointed by the governor. All appointments shall be made for terms
of four (4) years or while maintaining the position held at the time of
appointment to the committee, whichever is the lesser period.
Appointees shall serve as members of the committee only while
holding the office or position held at the time of appointment.
(b) Vacancies on the committee caused by resignation, death, or
removal shall be filled for the unexpired term of the member
succeeded in the same manner as the original appointment. Members
may be reappointed for additional terms. The appointed members of
the committee may be removed by the governor for cause after an
opportunity to be heard by the governor upon due notice.
(c) Each appointed member is entitled to the minimum salary per
diem as provided in IC 4-10-11-2.1(b) for each day engaged in the
official business of the committee. In addition, each member is
entitled to reimbursement for traveling and other expenses as
provided in the state travel policies and procedures established by the
state department of administration and approved by the state budget
agency. The committee shall meet at least three (3) times a year and
at other times at the call of the chairman. The chairman shall call the
organizational meeting of the committee within thirty (30) days after
the last initial appointment to the committee has been made by the
governor. For the purposes of transacting business, a majority of the
membership constitutes a quorum.
As added by Acts 1979, P.L.120, SEC.6. Amended by Acts 1980,
P.L.89, SEC.4.
IC 11-13-1-8
Rules and regulations prescribing minimum standards and
examinations for probation officers
Sec. 8. (a) As used in this section, "board" refers to the board of
directors of the judicial conference of Indiana established by
IC 33-38-9-3.
(b) The board shall adopt rules consistent with this chapter,
prescribing minimum standards concerning:
(1) educational and occupational qualifications for employment
as a probation officer;
(2) compensation of probation officers;
(3) protection of probation records and disclosure of
information contained in those records; and
(4) presentence investigation reports.
(c) The conference shall prepare a written examination to be used
in establishing lists of persons eligible for appointment as probation
officers. The conference shall prescribe the qualifications for
entrance to the examination and establish a minimum passing score
and rules for the administration of the examination after obtaining
recommendations on these matters from the probation standards and
practices advisory committee. The examination must be offered at
least once every other month.
(d) The conference shall, by its rules, establish an effective date
for the minimum standards and written examination for probation
officers.
(e) The conference shall provide probation departments with
training and technical assistance for:
(1) the implementation and management of probation case
classification; and
(2) the development and use of workload information.
The staff of the Indiana judicial center may include a probation case
management coordinator and probation case management assistant.
(f) The conference shall, in cooperation with the department of
child services and the department of education, provide probation
departments with training and technical assistance relating to special
education services and programs that may be available for delinquent
children or children in need of services. The subjects addressed by
the training and technical assistance must include the following:
(1) Eligibility standards.
(2) Testing requirements and procedures.
(3) Procedures and requirements for placement in programs
provided by school corporations or special education
cooperatives under IC 20-35-5.
(4) Procedures and requirements for placement in residential
special education institutions or facilities under IC 20-35-6-2
and 511 IAC 7-27-12.
(5) Development and implementation of individual education
programs for eligible children in:
(A) accordance with applicable requirements of state and
federal laws and rules; and
(B) coordination with:
(i) individual case plans; and
(ii) informal adjustment programs or dispositional decrees
entered by courts having juvenile jurisdiction under
IC 31-34 and IC 31-37.
(6) Sources of federal, state, and local funding that is or may be
available to support special education programs for children for
whom proceedings have been initiated under IC 31-34 and
IC 31-37.
Training for probation departments may be provided jointly with
training provided to child welfare caseworkers relating to the same
subject matter.
(g) The conference shall, in cooperation with the division of
mental health and addiction (IC 12-21) and the division of disability
and rehabilitative services (IC 12-9-1), provide probation
departments with training and technical assistance concerning mental
illness, addictive disorders, mental retardation, and developmental
disabilities.
(h) The conference shall make recommendations to courts and
probation departments concerning:
(1) selection, training, distribution, and removal of probation
officers;
(2) methods and procedure for the administration of probation,
including investigation, supervision, workloads, record keeping,
and reporting; and
(3) use of citizen volunteers and public and private agencies.
(i) The conference may delegate any of the functions described in
this section to the advisory committee or the Indiana judicial center.
As added by Acts 1979, P.L.120, SEC.6. Amended by Acts 1980,
P.L.89, SEC.5; P.L.240-1991(ss2), SEC.68; P.L.1-1992, SEC.71;
P.L.18-1995, SEC.2; P.L.55-1997, SEC.2; P.L.98-2004, SEC.82;
P.L.85-2004, SEC.44; P.L.1-2005, SEC.125; P.L.141-2006, SEC.10;
P.L.145-2006, SEC.31; P.L.1-2007, SEC.102.
IC 11-13-1-9
Powers and duties of judicial conference
Sec. 9. (a) The judicial conference of Indiana shall:
(1) keep informed of the work of all probation departments;
(2) compile and publish statistical and other information that
may be of value to the probation service;
(3) inform courts and probation departments of legislation
concerning probation and of other developments in probation;
and
(4) submit to the general assembly before January 15 of each
year a report in an electronic format under IC 5-14-6 compiling
the statistics provided to the judicial conference by probation
departments under section 4(b) of this chapter.
(b) The conference may:
(1) visit and inspect any probation department and confer with
probation officers and judges administering probation; and
(2) require probation departments to submit periodic reports of
their work on forms furnished by the conference.
As added by Acts 1979, P.L.120, SEC.6. Amended by Acts 1980,
P.L.89, SEC.6; P.L.98-1988, SEC.3; P.L.28-2004, SEC.84.
IC 11-13-1-10
Conferences or workshops for probation officers and judges;
expenses for attendance
Sec. 10. The judicial conference of Indiana may arrange
conferences or workshops for probation officers and judges
administering probation in order to enhance knowledge about and
improve the delivery of probation services. The expenses of
probation officers and judges incurred in attending these conferences
or workshops shall be paid in the same manner as other expenses are
paid in the courts in which they serve.
As added by Acts 1979, P.L.120, SEC.6. Amended by Acts 1980,
P.L.89, SEC.7.