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.
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.
Last modified: May 24, 2006