Sec. 5. (a) Except as provided in section 5.5 of this chapter, as a condition of probation a court may order an offender confined to the offender's home for a period of home detention.
(b) The period of home detention may be consecutive or nonconsecutive, as the court orders. However, the aggregate time actually spent in home detention must not exceed:
(1) the minimum term of imprisonment prescribed for a felony under IC 35-50-2; or
(2) the maximum term of imprisonment prescribed for a misdemeanor under IC 35-50-3;
for the crime committed by the offender.
(c) The court may order supervision of an offender's home detention to be provided by the probation department for the court or by a community corrections program that provides supervision of home detention.
(d) A person's term of confinement on home detention under this chapter is computed on the basis of accrued time on home detention plus any good time credit.
(e) A person confined on home detention as a condition of probation receives one (1) day of accrued time for each day the person is confined on home detention.
(f) In addition to accrued time under subsection (e), a person confined on home detention as a condition of probation is entitled to earn good time credit under IC 35-50-6-3 or IC 35-50-6-3.1. A person confined on home detention as a condition of probation may not earn educational credit under IC 35-50-6-3.3.
(g) A person confined on home detention may be deprived of earned good time credit if the person violates a condition of probation.
As added by P.L.98-1988, SEC.6. Amended by P.L.20-1994, SEC.2; P.L.137-2001, SEC.5; P.L.166-2001, SEC.2; P.L.168-2014, SEC.59; P.L.74-2015, SEC.22; P.L.149-2016, SEC.90; P.L.21-2018, SEC.1.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 38. Proceedings Following Dismissal, Verdict, or Finding
35-38-2.5-1. Offenders to Which Chapter Applies
35-38-2.5-2.3. "Constant Supervision"
35-38-2.5-2.5. "Contract Agency"
35-38-2.5-3. "Monitoring Device"
35-38-2.5-4.5. "Security Risk"
35-38-2.5-4.7. "Violent Offender"
35-38-2.5-5. Home Detention as Condition of Probation
35-38-2.5-6. Orders for Home Detention; Contents
35-38-2.5-7. Home Detention; Where Permitted
35-38-2.5-8. Home Detention Fees
35-38-2.5-9. Responsibility for Food, Housing, and Related Costs
35-38-2.5-10. Violation of Home Detention; Violent Offender Status; Contract Agencies
35-38-2.5-11. Monitoring Devices; Information to Offender
35-38-2.5-12. Supervision of Violent Offender on Home Detention