Violation of conditions of probation
Sec. 3. (a) The court may revoke a person's probation if:
(1) the person has violated a condition of probation during the
probationary period; and
(2) the petition to revoke probation is filed during the
probationary period or 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.
(b) When a petition is filed charging a violation of a condition of
probation, the court may:
(1) order a summons to be issued to the person to appear; or
(2) order a warrant for the person's arrest if there is a risk of the
person's fleeing the jurisdiction or causing harm to others.
(c) The issuance of a summons or warrant tolls the period of
probation until the final determination of the charge.
(d) The court shall conduct a hearing concerning the alleged
violation. The court may admit the person to bail pending the
hearing.
(e) The state must prove the violation by a preponderance of the
evidence. The evidence shall be presented in open court. The person
is entitled to confrontation, cross-examination, and representation by
counsel.
(f) Probation may not be revoked for failure to comply with
conditions of a sentence that imposes financial obligations on the
person unless the person recklessly, knowingly, or intentionally fails
to pay.
(g) If the court finds that the person has violated a condition at
any time before termination of the period, and the petition to revoke
is filed within the probationary period, the court may:
(1) continue the person on probation, with or without modifying
or enlarging the conditions;
(2) extend the person's probationary period for not more than
one (1) year beyond the original probationary period; or
(3) order execution of all or part of the sentence that was
suspended at the time of initial sentencing.
(h) If the court finds that the person has violated a condition of
home detention at any time before termination of the period, and the
petition to revoke probation is filed within the probationary period,
the court shall:
(1) order a sanction as set forth in subsection (g); and
(2) provide credit for time served as set forth under
IC 35-38-2.5-5.
(i) If the court finds that the person has violated a condition
during any time before the termination of the period, and the petition
is filed under subsection (a) after the probationary period has
expired, the court may:
(1) reinstate the person's probationary period, with or without
enlarging the conditions, if the sum of the length of the original
probationary period and the reinstated probationary period does
not exceed the length of the maximum sentence allowable for
the offense that is the basis of the probation; or
(2) order execution of all or part of the sentence that was
suspended at the time of the initial sentencing.
(j) If the court finds that the person has violated a condition of
home detention during any time before termination of the period, and
the petition is filed under subsection (a) after the probation period
has expired, the court shall:
(1) order a sanction as set forth in subsection (i); and
(2) provide credit for time served as set forth under
IC 35-38-2.5-5.
(k) A judgment revoking probation is a final appealable order.
(l) Failure to pay fines or costs required as a condition of
probation may not be the sole basis for commitment to the
department of correction.
(m) Failure to pay fees or costs assessed against a person under
IC 33-40-3-6, IC 33-37-2-3(c), or IC 35-33-7-6 is not grounds for
revocation of probation.
As added by P.L.311-1983, SEC.3. Amended by P.L.67-1990,
SEC.12; P.L.214-1991, SEC.1; P.L.240-1991(ss2), SEC.94;
P.L.1-1992, SEC.179; P.L.216-1996, SEC.15; P.L.166-2001, SEC.1;
P.L.98-2004, SEC.152; P.L.13-2005, SEC.1.
Last modified: May 24, 2006