Indiana Code
Chapter 2.6. Direct Placement in Community Corrections Program
35-38-2.6-3. Suspension of Sentence and Order for Placement; Availability and Terms of Placement; DNA Sample Required

Sec. 3. (a) The court may, at the time of sentencing, suspend any portion of the sentence and order a person to be placed in a community corrections program as an alternative to commitment to the department of correction for the part of the sentence which must be executed under IC 35-50-2-2.1 or IC 35-50-2-2.2. The court may impose reasonable terms on the placement or require the director of the community corrections program to impose reasonable terms on the placement. A court shall require a person:
(1) who is described in IC 10-13-6-10(a);
(2) who has not previously provided a DNA sample in accordance with IC 10-13-6; and
(3) whose sentence does not involve a commitment to the department of correction;
to provide a DNA sample as a term of placement.
(b) Placement in a community corrections program under this chapter is subject to the availability of residential beds or electronic monitoring units in a community corrections program. However, this subsection does not prohibit placement on home detention without electronic monitoring.
(c) A person placed under this chapter is responsible for the person's own medical care while in the placement program.
(d) The community corrections program shall have access to and use an offender's written presentence report or memorandum from a county probation agency, if applicable, when determining the offender's eligibility for placement.
As added by P.L.240-1991(ss2), SEC.96. Amended by P.L.135-1993, SEC.7; P.L.140-2006, SEC.29 and P.L.173-2006, SEC.29; P.L.179-2015, SEC.15; P.L.111-2017, SEC.12; P.L.45-2022, SEC.4.

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