Conditions of probation; statement of conditions; term of
imprisonment; intermittent service; transfers and retransfers of
supervision
Sec. 2.3. (a) As a condition of probation, the court may require a
person to do a combination of the following:
(1) Work faithfully at suitable employment or faithfully pursue
a course of study or vocational training that will equip the
person for suitable employment.
(2) Undergo available medical or psychiatric treatment and
remain in a specified institution if required for that purpose.
(3) Attend or reside in a facility established for the instruction,
recreation, or residence of persons on probation.
(4) Support the person's dependents and meet other family
responsibilities.
(5) Make restitution or reparation to the victim of the crime for
damage or injury that was sustained by the victim. When
restitution or reparation is a condition of probation, the court
shall fix the amount, which may not exceed an amount the
person can or will be able to pay, and shall fix the manner of
performance.
(6) Execute a repayment agreement with the appropriate
governmental entity to repay the full amount of public relief or
assistance wrongfully received, and make repayments according
to a repayment schedule set out in the agreement.
(7) Pay a fine authorized by IC 35-50.
(8) Refrain from possessing a firearm or other deadly weapon
unless granted written permission by the court or the person's
probation officer.
(9) Report to a probation officer at reasonable times as directed
by the court or the probation officer.
(10) Permit the person's probation officer to visit the person at
reasonable times at the person's home or elsewhere.
(11) Remain within the jurisdiction of the court, unless granted
permission to leave by the court or by the person's probation
officer.
(12) Answer all reasonable inquiries by the court or the person's
probation officer and promptly notify the court or probation
officer of any change in address or employment.
(13) Perform uncompensated work that benefits the community.
(14) Satisfy other conditions reasonably related to the person's
rehabilitation.
(15) Undergo home detention under IC 35-38-2.5.
(16) Undergo a laboratory test or series of tests approved by the
state department of health to detect and confirm the presence of
the human immunodeficiency virus (HIV) antigen or antibodies
to the human immunodeficiency virus (HIV), if:
(A) the person had been convicted of a sex crime listed in
IC 35-38-1-7.1(e) and the crime created an
epidemiologically demonstrated risk of transmission of the
human immunodeficiency virus (HIV) as described in
IC 35-38-1-7.1(b)(8); or
(B) the person had been convicted of an offense related to a
controlled substance listed in IC 35-38-1-7.1(f) and the
offense involved the conditions described in
IC 35-38-1-7.1(b)(9)(A).
(17) Refrain from any direct or indirect contact with an
individual.
(18) Execute a repayment agreement with the appropriate
governmental entity or with a person for reasonable costs
incurred because of the taking, detention, or return of a missing
child (as defined in IC 10-13-5-4).
(19) Periodically undergo a laboratory chemical test (as defined
in IC 14-15-8-1) or series of chemical tests as specified by the
court to detect and confirm the presence of a controlled
substance (as defined in IC 35-48-1-9). The person on probation
is responsible for any charges resulting from a test and shall
have the results of any test under this subdivision reported to
the person's probation officer by the laboratory.
(20) If the person was confined in a penal facility, execute a
reimbursement plan as directed by the court and make
repayments under the plan to the authority that operates the
penal facility for all or part of the costs of the person's
confinement in the penal facility. The court shall fix an amount
that:
(A) may not exceed an amount the person can or will be able
to pay;
(B) does not harm the person's ability to reasonably be self
supporting or to reasonably support any dependent of the
person; and
(C) takes into consideration and gives priority to any other
restitution, reparation, repayment, or fine the person is
required to pay under this section.
(21) Refrain from owning, harboring, or training an animal.
(b) When a person is placed on probation, the person shall be
given a written statement specifying:
(1) the conditions of probation; and
(2) that if the person violates a condition of probation during
the probationary period, a petition to revoke probation may be
filed before the earlier of the following:
(A) One (1) year after the termination of probation.
(B) Forty-five (45) days after the state receives notice of the
violation.
(c) As a condition of probation, the court may require that the
person serve a term of imprisonment in an appropriate facility at the
time or intervals (consecutive or intermittent) within the period of
probation the court determines.
(d) Intermittent service may be required only for a term of not
more than sixty (60) days and must be served in the county or local
penal facility. The intermittent term is computed on the basis of the
actual days spent in confinement and shall be completed within one
(1) year. A person does not earn credit time while serving an
intermittent term of imprisonment under this subsection. When the
court orders intermittent service, the court shall state:
(1) the term of imprisonment;
(2) the days or parts of days during which a person is to be
confined; and
(3) the conditions.
(e) Supervision of a person may be transferred from the court that
placed the person on probation to a court of another jurisdiction, with
the concurrence of both courts. Retransfers of supervision may occur
in the same manner. This subsection does not apply to transfers made
under IC 11-13-4 or IC 11-13-5.
(f) When a court imposes a condition of probation described in
subsection (a)(17):
(1) the clerk of the court shall comply with IC 5-2-9; and
(2) the prosecuting attorney shall file a confidential form
prescribed or approved by the division of state court
administration with the clerk.
As added by P.L.1-1991, SEC.198. Amended by P.L.2-1992,
SEC.879; P.L.23-1994, SEC.16; P.L.1-1995, SEC.75; P.L.293-1995,
SEC.1; P.L.76-2002, SEC.1; P.L.2-2003, SEC.91.
Last modified: May 24, 2006