Ind. Code ch. 35-38-2.6

Ind. Code ch. 35-38-2.6
in effect

Ind. Code § 35-38-2.6-0.1 Application of certain amendments to chapter

Sec. 0.1. The amendments made to section 1 of this chapter by P.L.17-2001 shall not be construed to reduce or invalidate a sentence imposed before July 1, 2001. As added by P.L.220-2011, SEC.589.

Ind. Code § 35-38-2.6-1 Application of chapter

Sec. 1. This chapter does not apply to persons convicted of any of the following offenses whenever any part of the sentence may not be suspended under IC 35-50-2-2.2: (1) Sex crimes under IC 35-42-4 or IC 35-46-1-3. (2) A Level 1 felony. (3) A Class A felony. (4) Any of the following felonies: (A) Murder (IC 35-42-1-1). (B) A battery offense included in IC 35-42-2 with a deadly weapon or causing death. (C) Kidnapping (IC 35-42-3-2). (D) Criminal confinement (IC 35-42-3-3) with a deadly weapon. (E) Robbery (IC 35-42-5-1) resulting in serious bodily injury or with a deadly weapon. (F) Arson (IC 35-43-1-1) for hire resulting in serious bodily injury. (G) Burglary (IC 35-43-2-1) resulting in serious bodily injury. (H) Resisting law enforcement (IC 35-44.1-3-1) with a deadly weapon. (I) Aggravated battery (IC 35-42-2-1.5). (J) Disarming a law enforcement officer (IC 35-44.1-3-2). (K) A sentence for a crime that is enhanced by criminal organization (IC 35-50-2-15). As added by P.L.240-1991(ss2), SEC.96. Amended by P.L.144-1995, SEC.4; P.L.242-1999, SEC.9; P.L.17-2001, SEC.13; P.L.213-2005, SEC.6; P.L.151-2006, SEC.15; P.L.158-2013, SEC.400; P.L.185-2014, SEC.5; P.L.65-2016, SEC.29; P.L.72-2023, SEC.6; P.L.148-2024, SEC.23.

Ind. Code § 35-38-2.6-2 "Community corrections program" defined

Sec. 2. As used in this chapter, "community corrections program" means a program consisting of residential centers and work release, home detention, or electronic monitoring that is: (1) operated under a community corrections plan of a county and funded at least in part by the state subsidy provided under IC 11-12-2; or (2) operated by or under contract with a court or county. As added by P.L.240-1991(ss2), SEC.96. Amended by P.L.135-1993, SEC.6; P.L.20-1994, SEC.3; P.L.45-2022, SEC.3; P.L.72-2023, SEC.7.

Ind. Code § 35-38-2.6-3 Order for placement; availability and terms of placement; DNA sample required

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); (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.

Ind. Code § 35-38-2.6-4.2 Community corrections direct placement

Sec. 4.2. (a) A community corrections program shall establish written procedures for determining if an offender is eligible for direct placement supervision under this chapter. (b) The procedures established under subsection (a) must establish a record keeping system that allows the department or community corrections program to quickly determine if an offender is in violation of the terms of a direct placement order issued under this chapter. (c) A community corrections program charged by a court with supervision of offenders ordered to be placed directly in a community corrections program under this chapter shall provide all law enforcement agencies, including any contract agency (as defined in IC 35-38-2.5-2.5), having jurisdiction in the place where a community corrections program is located with a list of offenders under direct placement supervision. The list must include the following information about each offender: (1) The offender's name, any known aliases, and the location of the offender's direct placement under this chapter. (2) The crime for which the offender was convicted. (3) The date the offender's direct placement expires. (4) The name, address, and telephone number of the offender's supervising community corrections program officer for direct placement under this chapter. (5) An indication of whether the offender is a violent offender. (d) Except as provided in IC 35-38-2.5-6(1), a community corrections program charged by a court with supervision of offenders ordered to undergo direct placement under this chapter shall, at the beginning of a period of the direct placement, set any monitoring device (as defined in IC 35-38-2.5-3) and surveillance equipment to minimize the possibility that the offender may enter another residence or structure without the detection of a violation. (e) A community corrections program charged by a court with supervision of offenders ordered to undergo direct placement under this chapter shall: (1) maintain or contract with a contract agency to maintain constant supervision of each offender as described in subsection (f); and (2) have adequate staff available twenty-four (24) hours each day to respond if an offender violates the conditions of the direct placement order under this chapter. A community corrections program may contract with a contract agency under this subsection only if the contract agency is able to comply with subsection (f). (f) A contract agency: (1) that maintains supervision of an offender under subsection (e)(1) shall follow the rules set by the local community corrections advisory board as a part of community corrections program direct placement written procedures; and (2) shall notify the contracting community corrections program within one (1) hour if the offender violates the conditions of the direct placement order. However, if a shorter notification time is required by the community corrections program, a community corrections advisory board must require a contract agency to comply with the shorter notification requirement for a direct placement order violation as if the offender were serving a direct placement order as part of a community corrections program. (g) A community corrections program or contract agency charged by a court with supervision of an offender placed under direct placement under this chapter shall cause a local law enforcement agency or contract agency described in this section to be the initial agency contacted upon determining that the offender is in violation of a direct placement order. As added by P.L.105-2010, SEC.12. Amended by P.L.45-2022, SEC.5.

Ind. Code § 35-38-2.6-4.5 Community corrections program placement

Sec. 4.5. If a court places a person on any level of supervision as part of a community corrections program under this chapter, the placement must comply with all applicable provisions in IC 11-12 and IC 35-38-2.5. As added by P.L.137-2001, SEC.10. Amended by P.L.105-2010, SEC.13; P.L.45-2022, SEC.6.

Ind. Code § 35-38-2.6-5 Violation of terms of placement

Sec. 5. (a) If a person who is placed under this chapter violates the terms of the placement, the community corrections director may do any of the following: (1) Change the terms of the placement. (2) Continue the placement. (3) Reassign a person assigned to a specific community corrections program to a different community corrections program. (4) Request that the court revoke the placement and commit the person to the county jail or department of correction for the remainder of the person's sentence. The community corrections director shall notify the court if the director changes the terms of the placement, continues the placement, or reassigns the person to a different program. (b) If a person who is placed under this chapter violates the terms of the placement, the prosecuting attorney may request that the court revoke the placement and commit the person to the county jail or department of correction for the remainder of the person's sentence. As added by P.L.240-1991(ss2), SEC.96. Amended by P.L.179-2015, SEC.16; P.L.106-2020, SEC.1.

Ind. Code § 35-38-2.6-6 Credit time

Sec. 6. (a) As used in this section, "home" means the actual living area of the temporary or permanent residence of a person. (b) A person confined on work release or home detention in a community corrections program receives one (1) day of accrued time for each day the person is confined on work release or home detention. (c) In addition to accrued time under subsection (b), a person who is placed on a level of supervision as part of a community corrections program under this chapter is entitled to earn good time credit under IC 35-50-6-3 and IC 35-50-6-3.1. A person placed on a level of supervision as part of a community corrections program may not earn educational credit under IC 35-50-6-3.3. (d) The department of correction shall adopt rules under IC 4-22-2 concerning the deprivation of earned good time credit for a person who is placed on a level of supervision as part of a community corrections program under this chapter. (e) A person who is placed on a level of supervision as part of a community corrections program under this chapter may be deprived of earned good time credit as provided under rules adopted by the department of correction under IC 4-22-2. As added by P.L.240-1991(ss2), SEC.96. Amended by P.L.135-1993, SEC.8; P.L.20-1994, SEC.4; P.L.105-2010, SEC.14; P.L.168-2014, SEC.60; P.L.74-2015, SEC.23; P.L.26-2019, SEC.1; P.L.45-2022, SEC.7; P.L.72-2023, SEC.10; P.L.93-2024, SEC.207.

Ind. Code § 35-38-2.6-7 Completion of program; probation

Sec. 7. When a person completes a placement program under this chapter, the court may place the person on probation. As added by P.L.240-1991(ss2), SEC.96. Amended by P.L.45-2022, SEC.8.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/35Fetched: 10/17/2026

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