CHAPTER 2.5. HOME DETENTION
IC 35-38-2.5
Chapter 2.5. Home Detention
IC 35-38-2.5-1
Offenders to which chapter applies
Sec. 1. This chapter applies to adult offenders and to juveniles
who have committed a delinquent act that would be a crime if
committed by an adult.
As added by P.L.98-1988, SEC.6.
IC 35-38-2.5-2
"Home" defined
Sec. 2. As used in this chapter, "home" means:
(1) the interior living area of the temporary or permanent
residence of an offender; or
(2) if the offender's residence is a multi-family dwelling, the
unit in which the offender resides, and not the:
(A) halls or common areas outside the unit where the
offender resides; or
(B) other units, occupied or unoccupied, in the multi-family
dwelling.
The term includes a hospital, health care facility, hospice, group
home, maternity home, residential treatment facility, and boarding
house. The term does not include a public correctional facility.
As added by P.L.98-1988, SEC.6. Amended by P.L.117-1990, SEC.5;
P.L.137-2001, SEC.1; P.L.105-2010, SEC.11.
IC 35-38-2.5-2.3
"Constant supervision" defined
Sec. 2.3. As used in this chapter, "constant supervision" means
monitoring a violent offender twenty-four (24) hours each day by
means described in section 12(b) of this chapter.
As added by P.L.137-2001, SEC.2.
IC 35-38-2.5-2.5
"Contract agency" defined
Sec. 2.5. As used in this chapter, "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.
As added by P.L.31-2005, SEC.1.
IC 35-38-2.5-3
"Monitoring device" defined
Sec. 3. (a) As used in this chapter, "monitoring device" means an
electronic device that:
(1) can record or transmit information twenty-four (24) hours
each day regarding an offender's:
(A) presence or absence from the offender's home; or
(B) precise location;
(2) is minimally intrusive upon the privacy of the offender or
other persons residing in the offender's home;
(3) with the written consent of the offender and with the written
consent of other persons residing in the home at the time an
order for home detention is entered, may record or transmit:
(A) a visual image;
(B) an electronic communication or any sound; or
(C) information regarding the offender's activities while
inside the offender's home; and
(4) can notify a probation department, a community corrections
program, or a contract agency if the offender violates the terms
of a home detention order.
(b) The term includes any device that can reliably determine the
location of an offender and track the locations where the offender has
been, including a device that uses a global positioning system
satellite service.
As added by P.L.98-1988, SEC.6. Amended by P.L.31-2005, SEC.2.
IC 35-38-2.5-4
"Offender" defined
Sec. 4. As used in this chapter, "offender" has the meaning set
forth in IC 11-8-1-9.
As added by P.L.98-1988, SEC.6.
IC 35-38-2.5-4.5
"Security risk" defined
Sec. 4.5. As used in this chapter, "security risk" means a person
who is:
(1) a flight risk; or
(2) a threat to the physical safety of the public.
As added by P.L.137-2001, SEC.3.
IC 35-38-2.5-4.7
"Violent offender" defined
Sec. 4.7. As used in this chapter, "violent offender" means a
person who is:
(1) convicted of an offense or attempted offense under
IC 35-50-1-2(a), IC 35-42-2-1, IC 35-42-2-1.3, IC 35-43-1-1,
IC 35-44-3-5, IC 35-45-10-5, IC 35-47-5-1 (repealed), or
IC 35-47.5-5;
(2) charged with an offense or attempted offense listed in
IC 35-50-1-2(a), IC 35-42-2-1, IC 35-42-2-1.3, IC 35-42-4,
IC 35-43-1-1, IC 35-44-3-5, IC 35-45-10-5, IC 35-46-1-3,
IC 35-47-5-1 (repealed), or IC 35-47.5-5; or
(3) a security risk as determined under section 10 of this
chapter.
As added by P.L.137-2001, SEC.4. Amended by P.L.123-2002,
SEC.32; P.L.55-2003, SEC.2; P.L.31-2005, SEC.3.
IC 35-38-2.5-5
Home detention as condition of probation
Sec. 5. (a) Except as provided in section 5.5 of this chapter, as a
condition of probation a court may order an offender confined to the
offender's home for a period of home detention lasting at least sixty
(60) days.
(b) The period of home detention may be consecutive or
nonconsecutive, as the court orders. However, the aggregate time
actually spent in home detention must not exceed:
(1) the minimum term of imprisonment prescribed for a felony
under IC 35-50-2; or
(2) the maximum term of imprisonment prescribed for a
misdemeanor under IC 35-50-3;
for the crime committed by the offender.
(c) The court may order supervision of an offender's home
detention to be provided by the probation department for the court or
by a community corrections program that provides supervision of
home detention.
(d) A person's term of confinement on home detention under this
chapter is computed on the basis of the actual days the person spends
on home detention.
(e) A person confined on home detention as a condition of
probation earns credit for time served.
As added by P.L.98-1988, SEC.6. Amended by P.L.20-1994, SEC.2;
P.L.137-2001, SEC.5; P.L.166-2001, SEC.2.
IC 35-38-2.5-5.5
Home detention
Sec. 5.5. (a) Except as provided in subsection (b), a court in one
(1) county may not place an offender who resides in another county
on home detention in the other county unless:
(1) the offender is eligible for home detention in the county in
which the person resides; and
(2) supervision of the offender will be conducted by the
probation department or community corrections program
located in the county in which the offender resides.
(b) If the offender described in subsection (a) resides in a county
that is adjacent to the county in which the sentencing court is located,
the supervision of the offender may be conducted by either the:
(1) probation department; or
(2) community corrections program;
located in the county in which the sentencing court is located.
(c) All home detention fees described in section 8 of this chapter
shall be collected by the probation department or community
corrections program that supervises the offender.
(d) A probation department or community corrections program
that supervises an offender on home detention is responsible for the
expenses of the supervision.
As added by P.L.137-2001, SEC.6. Amended by P.L.48-2008, SEC.2.
IC 35-38-2.5-6
Orders for home detention; contents
Sec. 6. An order for home detention of an offender under section
5 of this chapter must include the following:
(1) A requirement that the offender be confined to the offender's
home at all times except when the offender is:
(A) working at employment approved by the court or
traveling to or from approved employment;
(B) unemployed and seeking employment approved for the
offender by the court;
(C) undergoing medical, psychiatric, mental health
treatment, counseling, or other treatment programs approved
for the offender by the court;
(D) attending an educational institution or a program
approved for the offender by the court;
(E) attending a regularly scheduled religious service at a
place of worship; or
(F) participating in a community work release or community
restitution or service program approved for the offender by
the court.
(2) Notice to the offender that violation of the order for home
detention may subject the offender to prosecution for the crime
of escape under IC 35-44-3-5.
(3) A requirement that the offender abide by a schedule
prepared by the probation department, or by a community
corrections program ordered to provide supervision of the
offender's home detention, specifically setting forth the times
when the offender may be absent from the offender's home and
the locations the offender is allowed to be during the scheduled
absences.
(4) A requirement that the offender is not to commit another
crime during the period of home detention ordered by the court.
(5) A requirement that the offender obtain approval from the
probation department or from a community corrections program
ordered to provide supervision of the offender's home detention
before the offender changes residence or the schedule described
in subdivision (3).
(6) A requirement that the offender maintain:
(A) a working telephone in the offender's home; and
(B) if ordered by the court, a monitoring device in the
offender's home or on the offender's person, or both.
(7) A requirement that the offender pay a home detention fee set
by the court in addition to the probation user's fee required
under IC 35-38-2-1 or IC 31-40. However, the fee set under this
subdivision may not exceed the maximum fee specified by the
department of correction under IC 11-12-2-12.
(8) A requirement that the offender abide by other conditions of
probation set by the court under IC 35-38-2-2.3.
(9) A requirement that an offender:
(A) who is convicted of an offense described in
IC 10-13-6-10;
(B) who has not previously provided a DNA sample in
accordance with IC 10-13-6; and
(C) whose sentence does not involve a commitment to the
department of correction;
provide a DNA sample.
As added by P.L.98-1988, SEC.6. Amended by P.L.1-1991, SEC.199;
P.L.240-1991(ss2), SEC.95; P.L.1-1997, SEC.147; P.L.32-2000,
SEC.24; P.L.140-2006, SEC.28 and P.L.173-2006, SEC.28;
P.L.1-2007, SEC.228.
IC 35-38-2.5-7
Home detention; where permitted
Sec. 7. (a) A court may not order home detention for an offender
unless the offender agrees to abide by all of the requirements set
forth in the court's order issued under this chapter.
(b) A court may not order home detention for an offender who is
being held under a detainer, warrant, or process issued by a court of
another jurisdiction.
(c) A court may not order home detention for an offender who has
been convicted of a sex offense under IC 35-42-4 or IC 35-46-1-3
unless:
(1) the home detention is supervised by a court approved home
detention program; and
(2) the conditions of home detention:
(A) include twenty-four (24) hour per day supervision of the
offender; and
(B) require the use of surveillance equipment and a
monitoring device that can transmit information twenty-four
(24) hours each day regarding an offender's precise location.
As added by P.L.98-1988, SEC.6. Amended by P.L.144-1995, SEC.3;
P.L.55-2003, SEC.3; P.L.31-2005, SEC.4.
IC 35-38-2.5-8
Home detention fees
Sec. 8. (a) All home detention fees collected by a county based
probation department shall be transferred to the county treasurer who
shall deposit the fees into the county supplemental adult or juvenile
probation services fund. The expenses of administering a home
detention program, including the purchase of monitoring devices and
other supervision expenses shall be paid from the fund.
(b) All home detention fees collected by the probation department
of a city or town court shall be transferred to the fiscal officer of the
city or town who shall deposit the fees into the local supplemental
adult or juvenile probation services fund. The expenses of
administering a home detention program, including the purchase of
monitoring devices and other supervision expenses shall be paid
from the fund.
(c) All home detention fees collected by a community corrections
program, except any funds received by a community corrections
program under IC 11-12, shall be deposited into the community
corrections home detention fund established for the county under
IC 11-12-7-1. The expenses of administering a community
corrections home detention program, including the purchase of
monitoring devices and other supervision expenses shall be paid
from the fund.
As added by P.L.98-1988, SEC.6. Amended by P.L.104-1997, SEC.7.
IC 35-38-2.5-9
Responsibility for food, housing, and related costs
Sec. 9. An offender ordered to undergo home detention under
section 5 of this chapter is responsible for providing food, housing,
clothing, medical care, and other treatment expenses. The offender
is eligible to receive government benefits allowable for persons on
probation, parole, or other conditional discharge from confinement.
As added by P.L.98-1988, SEC.6.
IC 35-38-2.5-10
Violation of home detention; violent offender status; contract
agencies
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.
(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:
(1) maintain or contract with a contract agency to maintain
constant supervision of each offender and alleged offender; and
(2) have adequate staff available twenty-four (24) hours each
day to respond if an offender or alleged offender violates the
conditions of a home detention order.
(f) A contract agency that maintains supervision of an offender or
alleged offender under subsection (e)(1) shall notify the contracting
probation department or community corrections program within one
(1) hour if the offender or alleged offender violates the conditions of
a home detention order. However:
(1) a community corrections advisory board, if the offender is
serving home detention as part of a community corrections
program; or
(2) a probation department, if the offender or alleged offender
is serving home detention as a condition of probation or bail;
may shorten the time in which the contract agency must give notice
of a home detention order violation.
(g) A probation department or community corrections program
may contract with a contract agency under subsection (e)(1) only if
the contract agency can comply with subsection (f).
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.
IC 35-38-2.5-11
Monitoring devices; information to offender
Sec. 11. Before entering an order for home detention that requires
the use of a monitoring device described in section 3(3) of this
chapter the court shall inform the offender and other persons residing
in the home of the nature and extent of electronic surveillance
provided by the monitoring device in the home.
As added by P.L.98-1988, SEC.6.
IC 35-38-2.5-12
Supervision of violent offender on home detention
Sec. 12. (a) A probation department or community corrections
program charged by a court with supervision of a violent offender
placed on home detention under this chapter shall:
(1) cause a local law enforcement agency or contract agency
described in section 10 of this chapter to be the initial agency
contacted upon determining that the violent offender is in
violation of a home detention order;
(2) maintain constant supervision of the violent offender using
surveillance equipment and a monitoring device that can
transmit information twenty-four (24) hours each day regarding
an offender's precise location by either:
(A) using the supervising entity's equipment and personnel;
or
(B) contracting with a contract agency; and
(3) have adequate staff available twenty-four (24) hours each
day to respond if the violent offender violates the conditions of
a home detention order.
(b) A contract agency that maintains supervision of a violent
offender under subsection (a)(2) shall notify the contracting
probation department or community corrections program within one
(1) hour if the violent offender violates the conditions of a home
detention order. However, a:
(1) community corrections advisory board, if the violent
offender is serving home detention as part of a community
corrections program; or
(2) probation department, if the violent offender is serving
home detention as a condition of probation or bail;
may shorten the time in which the contract agency must give notice
of a home detention order violation.
(c) A probation department or community corrections program
may contract with a contract agency under subsection (a)(2) only if
the contract agency can comply with subsection (b).
As added by P.L.137-2001, SEC.8. Amended by P.L.31-2005, SEC.6.
IC 35-38-2.5-13
Unauthorized absence from home detention
Sec. 13. An offender who:
(1) leaves the offender's home in violation of section 6(1) of this
chapter or without documented permission from the supervising
entity;
(2) remains outside the offender's home in violation of section
6(1) of this chapter or without documented permission from the
supervising entity; or
(3) travels to a location not authorized under section 6(1) of this
chapter or not authorized in writing by the supervising entity;
commits unauthorized absence from home detention, a Class A
misdemeanor.
As added by P.L.137-2001, SEC.9.