Crimes that Disqualify You for Home Detention

A Look at the Crimes that Disqualify from Receiving Home Detention in Indiana

In 2016, the Marion County Department of Corrections gave over 1 Million Dollars to hire additional staff to accommodate for a large increase in home detention due to overcrowding. This puts the number of people on some form of home detention to over 3,000 in Indianapolis. This can be a preferable alternative to those who want to finish the remainder of their sentence in a more comfortable setting.

According to Indiana Code (35-38-2.5-5), the court may order an individual to home detention as a condition of probation lasting at least sixty days. The offender on home detention must remain in their home at all times except when the offender is working somewhere approved by the court, seeking employment, undergoing medical care, attending an educational institution, attending a regularly scheduled religious event, or participating in a community release program. 8A Ind. Law Encyc. Criminal Law 578.

As appealing as Home Detention may be for some offenders, it is not available to everyone. There are plenty of restrictions when it comes to qualifying and it is important to understand if you are eligible to being placed on home detention.

Disqualifiers for home detention prohibited by Indiana Statute exist in two primary forms. First, if the defendant is being held under a detainer, warrant, or process issued by a court of another jurisdiction they are ineligible for home detention (IC 35-38-2.5-7(b)). Additionally, an offender is ineligible for direct placement on house arrest if they have been convicted of any of the following felonies (IC 35-38-2.6-1):

  • Murder (IC 35-42-1-1).
  • A battery offense included in IC 35-42-2 with a deadly weapon or causing death
  • Kidnapping (IC 35-42-3-2).
  • Criminal confinement (IC 35-42-3-3) with a deadly weapon.
  • Robbery (IC 35-42-5-1) resulting in serious bodily injury or with a deadly weapon
  • Arson (IC 35-43-1-1) for hire resulting in serious bodily injury.
  • Burglary (IC 35-43-2-1) resulting in serious bodily injury.
  • Resisting law enforcement (IC 35-44.1-3-1) with a deadly weapon.
  • Escape (IC 35-44.1-3-4) with a deadly weapon.
  • Rioting (IC 35-45-1-2) with a deadly weapon.
  • Aggravated battery (IC 35-42-2-1.5).
  • Disarming a law enforcement officer (IC 35-44.1-3-2).
  • An offense under IC 9-30-5-4.
  • An offense under IC 9-30-5-5.

Disqualifiers for home detention according to local policy are more intuitive. Offenders who have been convicted or have a pending charge for escape/failure to return to lawful detention, or has previously absconded while participating in a community corrections program, are not eligible for home detention.

This extends to anyone who has damaged or intentionally removed home detention equipment, is homeless, or is simply not interested in the program. An additional requirement is that if the offender is deemed a violent offender under IC 35-38-2.5-4.7, he or she must be placed under GPS monitoring.

If you have been convicted of a minor crime and think home detention may be a better option for you, call the experienced Lawyers at Banks & Brower a call today. Call us 24/7/365 at 3174341258 or email us at info@banksbrower.com.

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Attorneys Brad Banks and Adam Brower are Indianapolis area litigators that focus their practice in Criminal Defense, Family Law, and Personal Injury.

(317) 870-0019