Current through P.L. 220-2021
Section 35-38-2-3 - Violation of conditions of probation(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) Except as provided in subsection (e), the court shall conduct a hearing concerning the alleged violation. The court may admit the person to bail pending the hearing. A person who is not admitted to bail pending the hearing may not be held in jail for more than fifteen (15) days without a hearing on the alleged violation of probation.(e) A person may admit to a violation of probation and waive the right to a probation violation hearing after being offered the opportunity to consult with an attorney. If the person admits to a violation and requests to waive the probation violation hearing, the probation officer shall advise the person that by waiving the right to a probation violation hearing the person forfeits the rights provided in subsection (f). The sanction administered must follow the schedule of progressive probation violation sanctions adopted by the judicial conference of Indiana under IC 11-13-1-8.(f) Except as provided in subsection (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.(g) 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.(h) 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 impose one (1) or more of the following sanctions:(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.(3) Order execution of all or part of the sentence that was suspended at the time of initial sentencing.(i) 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 one (1) or more sanctions as set forth in subsection (h); and(2) provide accrued time and good time credit, if applicable, as set forth under IC 35-38-2.5-5.(j) 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.(k) 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 (j); and(2) provide accrued time and good time credit, if applicable, as set forth under IC 35-38-2.5-5.(l) A judgment revoking probation is a final appealable order.(m) Failure to pay fines or costs (including fees) required as a condition of probation may not be the sole basis for commitment to the department of correction.(n) Failure to pay fees or costs assessed against a person under IC 33-40-3-6, IC 33-37-2-3(e), or IC 35-33-7-6 is not grounds for revocation of probation.Amended by P.L. 74-2015, SEC. 21, eff. 7/1/2015.Amended by P.L. 147-2012, SEC. 10, eff. 7/1/2012.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; P.L. 156-2007, SEC.5; P.L. 48-2008, SEC.1; P.L. 106-2010, SEC.11.