Indiana Code
Title 35. Criminal Law and Procedure
Article 38. Proceedings Following Dismissal, Verdict, or Finding

35-38-1-1.3. Statement of Reasons for Imposing Particular Sentence; Not Required if Advisory Sentence Is Imposed - Sec. 1.3. After a court has pronounced a sentence for...

35-38-1-1.5. Converting Level 6 Felony to Class a Misdemeanor - Sec. 1.5. (a) A court may enter judgment of conviction...

35-38-1-2. "Victim Representative" Defined; Sentencing; Date; Hearing for Increased Penalty; Imprisonment Pending Sentencing - Sec. 2. (a) As used in this chapter, "victim representative"...

35-38-1-2.5. Crime of Deception - Sec. 2.5. (a) As used in this section, "crime of...

35-38-1-3. Presentence Hearing - Sec. 3. Before sentencing a person for a felony, the...

35-38-1-4. Presence of Defendant When Sentence Pronounced; Pronouncement of Sentence Against Defendant Corporation - Sec. 4. (a) The defendant must be personally present at...

35-38-1-5. Informing Defendant of Verdict and Court's Finding; Defendant's Statement; Inclusion of Cost of Incarceration in Sentencing Order - Sec. 5. When the defendant appears for sentencing, the court...

35-38-1-6. Judgment and Sentence When Defendant Charged and Found Guilty of Offense and Included Offense - Sec. 6. Whenever: (1) a defendant is charged with an...

35-38-1-7. Repealed - As added by P.L.311-1983, SEC.3. Amended by P.L.332-1983, SEC.2; P.L.181-1984,...

35-38-1-7.1. Considerations in Imposing Sentence - Sec. 7.1. (a) In determining what sentence to impose for...

35-38-1-7.5. Sexually Violent Predators - Sec. 7.5. (a) As used in this section, "sexually violent...

35-38-1-7.7. Crime of Domestic Violence; Sentence Procedures - Sec. 7.7. (a) At the time of sentencing, a court...

35-38-1-7.8. Credit Restricted Felons - Sec. 7.8. (a) At the time of sentencing, a court...

35-38-1-8. Presentence Report to Be Considered by Court Before Sentencing; Advisement of Victim of Right to Make Statement - Sec. 8. (a) Except as provided in subsection (c), a...

35-38-1-8.5. Presentence Investigation; Notice to Victim; Victim Impact Statement; Contents - Sec. 8.5. (a) A probation officer who is conducting a...

35-38-1-9. "Recommendation" and "Victim"; Presentence Investigation Matters; Certification by Probation Officer When No Written Statements Submitted - Sec. 9. (a) As used in this chapter, "recommendation" has...

35-38-1-9.5. Confidential Information; Individual With Human Immunodeficiency Virus (Hiv); Sex Crimes and Controlled Substances - Sec. 9.5. A probation officer shall obtain confidential information from...

35-38-1-10. Presentence Investigation; Physical or Mental Examination - Sec. 10. The court may order that the convicted person:...

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 - Sec. 10.5. (a) The court: (1) shall order that a...

35-38-1-10.6. Crime Victims; Notice That Criminal Had Antibodies for Human Immunodeficiency Virus (Hiv); Counseling - Sec. 10.6. (a) The state department of health shall notify...

35-38-1-10.7. Repealed - As added by P.L.71-1998, SEC.4. Amended by P.L.125-2007, SEC.7. Repealed...

35-38-1-11. Presentence Memorandum by Convicted Person - Sec. 11. At any time before sentencing, the 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 - Sec. 12. (a) Before imposing sentence, the court shall: (1)...

35-38-1-13. Confidentiality of Presentence Report or Memoranda - Sec. 13. (a) Any: (1) presentence report or memoranda; and...

35-38-1-14. Imprisonment; Transmission of Certain Information to Department of Correction - Sec. 14. (a) If a convicted person is sentenced to...

35-38-1-15. Erroneous Sentence; Nature; Correction - Sec. 15. If the convicted person is erroneously sentenced, the...

35-38-1-16. Certified Copies of Corrected or Modified Sentence - Sec. 16. Whenever: (1) a court corrects an erroneous sentence...

35-38-1-17. Sentence Modification; Conditions; Not Permitted for Certain Offenders - Sec. 17. (a) Notwithstanding IC 1-1-5.5-21, this section applies to...

35-38-1-18. Fines and Costs; Suspension of Fines; Commitment Instead of Fine; Default - Sec. 18. (a) Except as provided in subsection (b), whenever...

35-38-1-19. Repealed - As added by P.L.311-1983, SEC.3; P.L.324-1983, SEC.1. Repealed by P.L.50-1984,...

35-38-1-20. Repealed - As added by P.L.50-1984, SEC.6. Repealed by P.L.305-1987, SEC.38.

35-38-1-21. Home Detention; Petition and Hearing - Sec. 21. (a) A court that receives a petition from...

35-38-1-22. Juveniles; Service of Misdemeanor Sentences in Juvenile Detention Facilities - Sec. 22. A court that imposes a sentence for conviction...

35-38-1-23. Repealed - As added by P.L.240-1991(ss2), SEC.93. Amended by P.L.164-1993, SEC.8; P.L.243-1993,...

35-38-1-24. Community Transition Program; Level 5 or Level 6 Felony - Sec. 24. (a) This section applies to a person if...

35-38-1-25. Community Transition Program; Murder and Level 1 Through Level 4 Felony - Sec. 25. (a) This section applies to a person if...

35-38-1-26. Repealed - As added by P.L.273-1999, SEC.212. Repealed by P.L.90-2000, SEC.25.

35-38-1-27. Persons Required to Provide a DNA Sample as a Condition of a Sentence - Sec. 27. (a) If a court imposes a sentence that...

35-38-1-28. Fingerprinting Required After Sentencing; Exception; Transmission of Fingerprints to Prosecuting Attorney and Department of Correction; Immunity - Sec. 28. (a) Except as provided in subsection (c), immediately...

35-38-1-29. Lifetime Parole for Sexually Violent Predators Not Committed to the Department of Correction - Sec. 29. (a) This section applies only to a sexually...

35-38-1-30. Sentence; Refrain From Contact - Sec. 30. A sentencing court may require that, as a...

35-38-1-31. Abstracts of Judgment - Sec. 31. (a) If a court imposes on a person...

35-38-1-32. Court Notification of Potential Habitual Violator Offenses - Sec. 32. A sentencing court shall inform a person who...

35-38-1-33. Sex Offender Residency Waiver - Sec. 33. (a) As used in this section, "offender" means...

Chapter 2. Probation

35-38-2-0.1. Repealed - As added by P.L.220-2011, SEC.587. Repealed by P.L.63-2012, SEC.43.

35-38-2-0.2. Application of Certain Statutes to Individuals Placed on Probation After June 30, 2003 - Sec. 0.2. The following statutes, as added or amended by...

35-38-2-1. Conditions of Probation; Advice on Violation Specification in Record; Administrative Costs; Transfer of Three Percent of Probation User's Fee; Administrative Fee; User's Fee; Collection of Administrative Fee; Disposition of Money Collected... - Sec. 1. (a) Whenever it places a person on probation,...

35-38-2-1.5. Increased Probation User's Fee - Sec. 1.5. Notwithstanding the probation user's fee amounts established under...

35-38-2-1.7. Early Payment of Probation User's Fee; Recalculation of Probation User's Fee; Discharge; Wage Garnishment - Sec. 1.7. (a) A person may pay a monthly probation...

35-38-2-1.8. New Probation Hearings Allowed at Any Time; Modification of Conditions; Deadlines - Sec. 1.8. (a) This section does not apply to the...

35-38-2-2. Repealed - As added by P.L.311-1983, SEC.3. Amended by P.L.182-1984, SEC.2; P.L.98-1988,...

35-38-2-2.1. Conditions of Probation; Payment of Alcohol and Drug Countermeasures Fee - Sec. 2.1. As a condition of probation for a person...

35-38-2-2.2. Conditions of Probation; Registration With Local Law Enforcement Authority; Consent to Search of Computer - Sec. 2.2. (a) As a condition of probation for a...

35-38-2-2.3. Conditions of Probation; Statement of Conditions; Term of Imprisonment; Intermittent Service; Transfers and Retransfers of Supervision - Sec. 2.3. (a) As a condition of probation, the court...

35-38-2-2.4. Conditions of Probation for Sex Offenders - Sec. 2.4. As a condition of probation, the court may...

35-38-2-2.5. Residency Requirements for Certain Offenders - Sec. 2.5. (a) As used in this section, "offender" means...

35-38-2-2.6. Conditions of Probation or Parole for Persons Convicted of Stalking - Sec. 2.6. (a) As a condition of remaining on probation...

35-38-2-2.7. Prohibition on Use of Social Media, Instant Messaging, or Chat Rooms - Sec. 2.7. As a condition of probation or parole after...

35-38-2-2.8. Prohibition Against Owning, Harboring, or Training a Companion Animal as a Condition of Parole - Sec. 2.8. (a) The following definitions apply throughout this section:...

35-38-2-2.9. Court Must Inform Offenders Against Children of Statutory Residency Restrictions - Sec. 2.9. As a condition of probation, the court shall...

35-38-2-3. Violation of Conditions of Probation - Sec. 3. (a) The court may revoke a person's probation...

Chapter 2.5. Home Detention

35-38-2.5-1. Offenders to Which Chapter Applies - Sec. 1. This chapter applies to adult offenders and to...

35-38-2.5-2. "Home" - Sec. 2. As used in this chapter, "home" means: (1)...

35-38-2.5-2.3. "Constant Supervision" - Sec. 2.3. As used in this chapter, "constant supervision" means...

35-38-2.5-2.5. "Contract Agency" - Sec. 2.5. As used in this chapter, "contract agency" means...

35-38-2.5-3. "Monitoring Device" - Sec. 3. (a) As used in this chapter, "monitoring device"...

35-38-2.5-4. "Offender" - Sec. 4. As used in this chapter, "offender" has the...

35-38-2.5-4.5. "Security Risk" - Sec. 4.5. As used in this chapter, "security risk" has...

35-38-2.5-4.7. "Violent Offender" - Sec. 4.7. As used in this chapter, "violent offender" has...

35-38-2.5-5. Home Detention as Condition of Probation - Sec. 5. (a) Except as provided in section 5.5 of...

35-38-2.5-5.5. Home Detention - Sec. 5.5. (a) Except as provided in subsection (b), a...

35-38-2.5-6. Orders for Home Detention; Contents - Sec. 6. An order for home detention of an offender...

35-38-2.5-7. Home Detention; Where Permitted - Sec. 7. (a) A court may not order home detention...

35-38-2.5-8. Home Detention Fees - Sec. 8. (a) All home detention fees collected by a...

35-38-2.5-9. Responsibility for Food, Housing, and Related Costs - Sec. 9. An offender ordered to undergo home detention under...

35-38-2.5-10. Violation of Home Detention; Violent Offender Status; Contract Agencies - Sec. 10. (a) Each probation department or community corrections program...

35-38-2.5-11. Monitoring Devices; Information to Offender - Sec. 11. Before entering an order for home detention that...

35-38-2.5-12. Supervision of Violent Offender on Home Detention - Sec. 12. (a) A probation department or community corrections program...

35-38-2.5-13. Unauthorized Absence From Home Detention - Sec. 13. An offender who: (1) leaves the offender's home...

Chapter 2.6. Direct Placement in Community Corrections Program

35-38-2.6-0.1. Application of Certain Amendments to Chapter - Sec. 0.1. The amendments made to section 1 of this...

35-38-2.6-1. Application of Chapter - Sec. 1. (a) Except as provided in subsection (b), this...

35-38-2.6-2. "Community Corrections Program" Defined - Sec. 2. As used in this chapter, "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...

35-38-2.6-4. Time Period for Suspension of Sentence - Sec. 4. If the court places a person in a...

35-38-2.6-4.2. Community Corrections Direct Placement - Sec. 4.2. (a) A community corrections program shall establish written...

35-38-2.6-4.5. Community Corrections Program Placement - Sec. 4.5. If a court places a person on any...

35-38-2.6-5. Violation of Terms of Placement - Sec. 5. (a) If a person who is placed under...

35-38-2.6-6. Credit Time - Sec. 6. (a) As used in this section, "home" means...

35-38-2.6-7. Completion of Program; Probation - Sec. 7. When a person completes a placement program under...

Chapter 2.7. Electronic Monitoring Standards

35-38-2.7-1. Definitions - Sec. 1. The following definitions apply throughout this chapter: (1)...

35-38-2.7-2. Duties of a Supervising Agency - Sec. 2. A supervising agency must do the following: (1)...

35-38-2.7-3. Vulnerable Victims - Sec. 3. (a) The supervising agency shall: (1) inform a...

35-38-2.7-4. Tracked Individuals - Sec. 4. (a) This subsection applies to a tracked individual...

35-38-2.7-5. Third Party Contractors - Sec. 5. A supervising agency may contract with a third...

35-38-2.7-6. Contract Cancellation - Sec. 6. (a) This subsection applies to contracts entered into...

35-38-2.7-7. Immunities - Sec. 7. (a) Except as described in subsection (b), the...

Chapter 3. Commitment to the Department of Correction and Maximum, Medium, and Minimum Security Assignments

35-38-3-1. Definitions - Sec. 1. As used in this chapter: "Earliest possible release...

35-38-3-2. Certification of Judgment of Conviction and Sentence to Receiving Authority; Contents of Judgment; Commencement of Term of Imprisonment - Sec. 2. (a) When a convicted person is sentenced to...

35-38-3-3. No Commitment of Misdemeanants to the Department of Correction; Exceptions; Sheriff's per Diem for Offenders Not Committed to the Department; Deposit in County General Fund; Use of Revenue - Sec. 3. (a) Except as provided by subsection (b), a...

35-38-3-4. Duties of Sheriff - Sec. 4. (a) The sheriff shall: (1) transport the convicted...

35-38-3-5. Determination of Degree of Security Assigned to Convicted Person; Change of Degree - Sec. 5. (a) The department, after diagnosis and classification, shall:...

35-38-3-6. Classification of Penal Facilities and Programs - Sec. 6. (a) The department shall: (1) classify all penal...

Chapter 4. Appeals

35-38-4-1. Appeals by Defendant as Matter of Right and According to This Chapter; Decisions and Orders Reviewable - Sec. 1. (a) An appeal to the supreme court or...

35-38-4-2. Appeals by State as Provided by Court Rules for Certain Cases - Sec. 2. (a) Appeals to the supreme court or to...

35-38-4-3. Appeals From Question Reserved on Part of State - Sec. 3. In case of an appeal from a question...

35-38-4-4. Effect of Appeal Taken by State - Sec. 4. An appeal taken by the state does not...

35-38-4-5. Defendants Tried Jointly; Appeal by One or More - Sec. 5. When defendants are tried jointly, any one (1)...

35-38-4-6. Stay of Execution of Sentence - Sec. 6. (a) An appeal to the supreme court or...

35-38-4-7. Reimbursement of Retrial Expenses - Sec. 7. (a) This section applies to state reimbursement of...

Chapter 5. Expungement of Arrest Records

35-38-5-1. Repealed - As added by P.L.311-1983, SEC.3. Amended by P.L.295-1989, SEC.1; P.L.159-1994,...

35-38-5-2. Repealed - As added by P.L.311-1983, SEC.3. Repealed by P.L.181-2014, SEC.4.

35-38-5-3. Repealed - As added by P.L.311-1983, SEC.3. Repealed by P.L.181-2014, SEC.5.

35-38-5-4. Repealed - As added by P.L.311-1983, SEC.3. Repealed by P.L.181-2014, SEC.6.

35-38-5-5. Petition to Limit Access to Limited Criminal History of Person Discharged From Probation, Imprisonment, or Parole - Sec. 5. (a) This section does not apply to a...

35-38-5-5.5. Repealed - As added by P.L.194-2011, SEC.1. Repealed by P.L.159-2013, SEC.2.

35-38-5-6. Violation of Chapter - Sec. 6. A law enforcement officer who violates this chapter...

Chapter 6. Execution of Death Sentence

35-38-6-1. Execution of Death Sentence; Specified Time and Date; Executioner; Lethal Injection - Sec. 1. (a) The punishment of death shall be inflicted...

35-38-6-2. Court to Issue Warrant to Sheriff; Contents - Sec. 2. The court in which a death sentence is...

35-38-6-3. Delivery of Person to Warden; Receipt of Delivery of Person - Sec. 3. A sheriff who receives a warrant under section...

35-38-6-4. Confinement of Convicted Person; Segregation of Female Prisoner; Visits by Certain Persons - Sec. 4. (a) The convicted person shall be confined in...

35-38-6-5. Place of Execution of Death Sentence - Sec. 5. The execution must take place inside the walls...

35-38-6-6. Persons Permitted to Be Present at Execution of Death Sentence; Exclusion of Persons for Safety or Security Reasons; Confidentiality of Identity of Persons Assisting in Execution - Sec. 6. (a) Only the following persons may be present...

35-38-6-7. Escape and Recapture of Convicted Person - Sec. 7. (a) If the convicted person: (1) escapes from...

35-38-6-8. Suspension of Execution of Death Sentence; Reason for Delay - Sec. 8. (a) If the execution of the death sentence...

35-38-6-9. Application of Chapter to Women Convicted and Sentenced to Death - Sec. 9. The provisions of this chapter in relation to...

35-38-6-10. Suspension of Execution of Sentence When Condemned Woman Is Pregnant; Certification of Physicians - Sec. 10. If the physician of the state prison and...

Chapter 7. Postconviction DNA Testing and Analysis

35-38-7-1. Applicability of Chapter - Sec. 1. This chapter applies only to an offense that...

35-38-7-2. "Dna" Defined - Sec. 2. As used in this chapter, "DNA" refers to...

35-38-7-3. "Offense" Defined - Sec. 3. As used in this chapter, "offense" means a...

35-38-7-4. "Victim" Defined - Sec. 4. As used in this chapter, "victim" means an...

35-38-7-5. Petition to Require Testing - Sec. 5. A person who was convicted of and sentenced...

35-38-7-6. Notice of Petition to Prosecuting Attorney - Sec. 6. A petitioner must give notice of the petition...

35-38-7-7. Opportunity to Respond to Petition - Sec. 7. The court shall give the prosecuting attorney an...

35-38-7-8. Prima Facie Proof Required - Sec. 8. After complying with section 7 of this chapter,...

35-38-7-9. Order for Testing - Sec. 9. If the court makes the findings described in...

35-38-7-10. Method and Payment for Testing - Sec. 10. If the court orders DNA testing and analysis...

35-38-7-11. Appointment of Defense Counsel - Sec. 11. The court may appoint defense counsel for the...

35-38-7-12. Selection of Laboratory - Sec. 12. If the court orders DNA testing and analysis...

35-38-7-13. Access to Laboratory Reports - Sec. 13. (a) If a prosecuting attorney or defense counsel...

35-38-7-14. Preservation of Biological Evidence if a Petition for DNA Testing Is Filed; Preservation of Biological Evidence Following a Vacated Conviction - Sec. 14. (a) If a petition for DNA testing and...

35-38-7-15. Discretionary Orders by Court; Elimination Samples - Sec. 15. (a) The court may make any other orders...

35-38-7-16. Notice to Victims and Third Parties - Sec. 16. (a) The prosecuting attorney may provide notification under...

35-38-7-17. Notification of Convicted Person - Sec. 17. Regardless of whether a petition has been filed...

35-38-7-18. Unfavorable Results of Postconviction Testing - Sec. 18. If the results of the postconviction DNA testing...

35-38-7-19. Favorable Results of Postconviction Testing - Sec. 19. Notwithstanding any law that would bar a trial...

Chapter 8. Repealed - Repealed by P.L.159-2013, SEC.3; P.L.109-2015, SEC.51; P.L.109-2015, SEC.52; P.L.109-2015, SEC.53.

Chapter 9. Sealing and Expunging Conviction Records

35-38-9-0.5. "Collateral Action" - Sec. 0.5. As used in this chapter, "collateral action" means...

35-38-9-0.6. Effect of Chapter; Supplemental Order of Expungement Due to Change in Laws - Sec. 0.6. (a) This chapter does not require any change...

35-38-9-1. Expunging Arrest Records - Sec. 1. (a) This section applies only to a person...

35-38-9-2. Expunging Misdemeanor Convictions - Sec. 2. (a) Except as provided in subsection (b) and...

35-38-9-3. Expunging Minor Class D and Level 6 Felony Convictions - Sec. 3. (a) Except as provided in subsection (b) and...

35-38-9-4. Expunging Certain Less Serious Felony Convictions - Sec. 4. (a) Except as provided in subsection (b) and...

35-38-9-5. Expunging Certain Serious Felony Convictions; Consent of Prosecutor Required - Sec. 5. (a) Except as provided in subsection (b) and...

35-38-9-6. Effect of Expunging Misdemeanor and Minor Class D and Level 6 Felony Convictions - Sec. 6. (a) If the court orders conviction records, including...

35-38-9-7. Effect of Expunging Serious and Less Serious Felony Convictions - Sec. 7. (a) This section applies only to a person...

35-38-9-8. Petition to Expunge Conviction Records - Sec. 8. (a) This section applies only to a petition...

35-38-9-8.5. Expungement of Certain Offenses Punishable by an Indeterminate Sentence - Sec. 8.5. (a) This section applies only to a person...

35-38-9-9. Duties of Court in Ruling on Expungement Petitions - Sec. 9. (a) If the prosecuting attorney does not object,...

35-38-9-9.5. Collateral Action in a Different County - Sec. 9.5. (a) This section applies to a collateral action...

35-38-9-10. Unlawful Discrimination Against a Person Whose Record Has Been Expunged; Exceptions - Sec. 10. (a) This section does not apply to a...

35-38-9-11. Waiver of Expungement in a Plea Agreement Invalid - Sec. 11. (a) A person may not waive the right...

35-38-9-12. Penalties for Disclosing an Expunged Conviction - Sec. 12. A criminal history provider (as defined in IC...

Chapter 10. Convictions of Trafficked Persons

35-38-10-1. "Trafficked Person" - Sec. 1. As used in this chapter, "trafficked person" means...

35-38-10-2. Vacating Conviction of Trafficked Person; Requirements - Sec. 2. A person who committed an offense that did...

35-38-10-3. Postconviction Relief Available to Vacate Conviction of Certain Trafficked Persons - Sec. 3. A person may bring an action to enforce...

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Indiana Code Title 35. Criminal Law and Procedure Article 38. Proceedings Following Dismissal, Verdict, or Finding

Indiana Code
Title 35. Criminal Law and Procedure
Article 38. Proceedings Following Dismissal, Verdict, or Finding