Sec. 1.8. (a) This section does not apply to the modification of a user's fee payment under section 1.7(b) of this chapter.
(b) The court may hold a new probation hearing at any time during a probationer's probationary period:
(1) upon motion of the probation department or upon the court's motion; and
(2) after giving notice to the probationer.
(c) At a probation hearing described in subsection (b), the court may modify the probationer's conditions of probation. If the court modifies the probationer's conditions of probation, the court shall:
(1) specify in the record the conditions of probation; and
(2) advise the probationer that if the probationer 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.
(d) The court may hold a new probation hearing under this section even if:
(1) the probationer has not violated the conditions of probation; or
(2) the probation department has not filed a petition to revoke probation.
As added by P.L.14-2005, SEC.1.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 38. Proceedings Following Dismissal, Verdict, or Finding
35-38-2-0.2. Application of Certain Statutes to Individuals Placed on Probation After June 30, 2003
35-38-2-1.5. Increased Probation User's Fee
35-38-2-1.8. New Probation Hearings Allowed at Any Time; Modification of Conditions; Deadlines
35-38-2-2.1. Conditions of Probation; Payment of Alcohol and Drug Countermeasures Fee
35-38-2-2.4. Conditions of Probation for Sex Offenders
35-38-2-2.5. Residency Requirements for Certain Offenders
35-38-2-2.6. Conditions of Probation or Parole for Persons Convicted of Stalking
35-38-2-2.7. Prohibition on Use of Social Media, Instant Messaging, or Chat Rooms
35-38-2-2.9. Court Must Inform Offenders Against Children of Statutory Residency Restrictions