Indiana Code
Chapter 1. Entry of Judgment and Sentencing
35-38-1-21. Home Detention; Petition and Hearing

Sec. 21. (a) A court that receives a petition from the department of correction under IC 35-38-3-5 may, after notice to the prosecuting attorney of the judicial circuit in which the defendant's case originated, hold a hearing for the purpose of determining whether the offender named in the petition may be placed in home detention under IC 35-38-2.5 instead of commitment to the department of correction for the remainder of the offender's minimum sentence.
(b) Notwithstanding IC 35-35-3-3(e), and after a hearing held under this section, a sentencing court may order the offender named in the petition filed under IC 35-38-3-5 to be placed in home detention under IC 35-38-2.5 instead of commitment to the department of correction for the remainder of the offender's minimum sentence.
As added by P.L.98-1988, SEC.4.

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Structure Indiana Code

Indiana Code

Title 35. Criminal Law and Procedure

Article 38. Proceedings Following Dismissal, Verdict, or Finding

Chapter 1. Entry of Judgment and Sentencing

35-38-1-0.1. Application of Certain Amendments to Chapter

35-38-1-1. Judgment of Conviction; Pronouncement of Sentence

35-38-1-1.3. Statement of Reasons for Imposing Particular Sentence; Not Required if Advisory Sentence Is Imposed

35-38-1-1.5. Converting Level 6 Felony to Class a Misdemeanor

35-38-1-2. "Victim Representative" Defined; Sentencing; Date; Hearing for Increased Penalty; Imprisonment Pending Sentencing

35-38-1-2.5. Crime of Deception

35-38-1-3. Presentence Hearing

35-38-1-4. Presence of Defendant When Sentence Pronounced; Pronouncement of Sentence Against Defendant Corporation

35-38-1-5. Informing Defendant of Verdict and Court's Finding; Defendant's Statement; Inclusion of Cost of Incarceration in Sentencing Order

35-38-1-6. Judgment and Sentence When Defendant Charged and Found Guilty of Offense and Included Offense

35-38-1-7. Repealed

35-38-1-7.1. Considerations in Imposing Sentence

35-38-1-7.5. Sexually Violent Predators

35-38-1-7.7. Crime of Domestic Violence; Sentence Procedures

35-38-1-7.8. Credit Restricted Felons

35-38-1-8. Presentence Report to Be Considered by Court Before Sentencing; Advisement of Victim of Right to Make Statement

35-38-1-8.5. Presentence Investigation; Notice to Victim; Victim Impact Statement; Contents

35-38-1-9. "Recommendation" and "Victim"; Presentence Investigation Matters; Certification by Probation Officer When No Written Statements Submitted

35-38-1-9.5. Confidential Information; Individual With Human Immunodeficiency Virus (Hiv); Sex Crimes and Controlled Substances

35-38-1-10. Presentence Investigation; Physical or Mental Examination

35-38-1-10.5. Screening Test for Serious Diseases; Sex Crimes and Controlled Substances; Confirmatory Test; Presentence Investigation; Privileged Communications; Civil and Criminal Immunity

35-38-1-10.6. Crime Victims; Notice That Criminal Had Antibodies for Human Immunodeficiency Virus (Hiv); Counseling

35-38-1-10.7. Repealed

35-38-1-11. Presentence Memorandum by Convicted Person

35-38-1-12. Presentence Investigation; Advising Defendant of Contents and Conclusions; Copy of Presentence Report; Opportunity for Victim to Make Statement; Sources of Confidential Information

35-38-1-13. Confidentiality of Presentence Report or Memoranda

35-38-1-14. Imprisonment; Transmission of Certain Information to Department of Correction

35-38-1-15. Erroneous Sentence; Nature; Correction

35-38-1-16. Certified Copies of Corrected or Modified Sentence

35-38-1-17. Sentence Modification; Conditions; Not Permitted for Certain Offenders

35-38-1-18. Fines and Costs; Suspension of Fines; Commitment Instead of Fine; Default

35-38-1-19. Repealed

35-38-1-20. Repealed

35-38-1-21. Home Detention; Petition and Hearing

35-38-1-22. Juveniles; Service of Misdemeanor Sentences in Juvenile Detention Facilities

35-38-1-23. Repealed

35-38-1-24. Community Transition Program; Level 5 or Level 6 Felony

35-38-1-25. Community Transition Program; Murder and Level 1 Through Level 4 Felony

35-38-1-26. Repealed

35-38-1-27. Persons Required to Provide a DNA Sample as a Condition of a Sentence

35-38-1-28. Fingerprinting Required After Sentencing; Exception; Transmission of Fingerprints to Prosecuting Attorney and Department of Correction; Immunity

35-38-1-29. Lifetime Parole for Sexually Violent Predators Not Committed to the Department of Correction

35-38-1-30. Sentence; Refrain From Contact

35-38-1-31. Abstracts of Judgment

35-38-1-32. Court Notification of Potential Habitual Violator Offenses

35-38-1-33. Sex Offender Residency Waiver