Indiana Probation Conditions and Violations
The most common result of being convicted of a crime is receiving a suspended sentence and being required to serve a period of probation. While on probation there are numerous things the court may require a person to do. In some circumstances, there are requirements that must be ordered but, in general, in addition to fees, the following is a list of things the court MAY order.
That the person:
- (1) Work faithfully at suitable employment or faithfully pursue a course of study or career and technical education that will equip the person for suitable employment.
- (2) Undergo available medical or psychiatric treatment and remain in a specified institution if required for that purpose.
- (3) Attend or reside in a facility established for the instruction, recreation, or residence of persons on probation.
- (4) Participate in a treatment program, educational class, or rehabilitative service provided by a probation department or by referral to an agency (and be responsible for the associated costs).
- (5) Support the person’s dependents and meet other family responsibilities.
- (6) Make restitution or reparation to the victim of the crime for damage or injury that was sustained by the victim. When restitution or reparation is a condition of probation, the court shall fix the amount, which may not exceed an amount the person can or will be able to pay, and shall fix the manner of performance.
- (7) Execute a repayment agreement with the appropriate governmental entity to repay the full amount of public relief or assistance wrongfully received, and make repayments according to a repayment schedule set out in the agreement.
- (8) Pay a fine.
- (9) Refrain from possessing a firearm or other deadly weapon unless granted written permission by the court or the person’s probation officer.
- (10) Report to a probation officer at reasonable times as directed by the court or the probation officer.
- (11) Permit the person’s probation officer to visit the person at reasonable times at the person’s home or elsewhere.
- (12) Remain within the jurisdiction of the court, unless granted permission to leave by the court or by the person’s probation officer.
- (13) Answer all reasonable inquiries by the court or the person’s probation officer and promptly notify the court or probation officer of any change in address or employment.
- (14) Perform uncompensated work that benefits the community.
- (15) Satisfy other conditions reasonably related to the person’s rehabilitation.
- (16) Undergo home detention.
- (17) Undergo a laboratory test or series of tests approved by the state department of health to detect and confirm the presence of the human immunodeficiency virus (HIV) antigen or antibodies to the human immunodeficiency virus (HIV), if:
- (A) the person had been convicted of an offense relating to a criminal sexual act and the offense created an epidemiologically demonstrated risk of transmission of the human immunodeficiency virus (HIV); or
- (B) the person had been convicted of an offense relating to a controlled substance and the offense involved:
- (i) the delivery by any person to another person; or
- (ii) the use by any person on another person; of a contaminated sharp (as defined in IC 16-41-16-2) or other paraphernalia that creates an epidemiologically demonstrated risk of transmission of HIV by involving percutaneous contact.
- (18) Refrain from any direct or indirect contact with an individual and, potentially, any animal belonging to the individual.
- (19) Execute a repayment agreement with the appropriate governmental entity or with a person for reasonable costs incurred because of the taking, detention, or return of a missing child.
- (20) Periodically undergo a laboratory chemical test or series of chemical tests as specified by the court to detect and confirm the presence of a controlled substance. The person on probation is responsible for any charges resulting from a test and shall have the results of any test under this subdivision reported to the person’s probation officer by the laboratory.
- (21) If the person was confined in a penal facility, execute a reimbursement plan as directed by the court and make repayments under the plan to the authority that operates the penal facility for all or part of the costs of the person’s confinement in the penal facility. The court shall fix an amount that:
- (A) may not exceed an amount the person can or will be able to pay;
- (B) does not harm the person’s ability to reasonably be self supporting or to reasonably support any dependent of the person; and
- (C) takes into consideration and gives priority to any other restitution, reparation, repayment, or fine the person is required to pay under this section.
- (22) Refrain from owning, harboring, or training an animal.
- (23) Participate in a reentry court program.
- (24) Receive:
- (A) addiction counseling;
- (B) mental health counseling;
- (C) inpatient detoxification; and
- (D) medication assisted treatment, including a federal Food and Drug Administration approved long acting, nonaddictive medication for the treatment of opioid or alcohol dependence.
Additionally, after December 31, 2017, anyone arrested for a felony must provide a DNA sample and if they receive a sentence that does not include commitment to the DOC, and they have not already provided the sample, providing the sample must be a condition of probation.
Whenever a person is placed on probation, they must be provided with a written statement listing their conditions along with the advisement that if they violate any condition, a petition to revoke probation may be filed before the earlier of (1) one (1) year after the probation is terminated; or (2) forty-five (45) days after the state receives notice of the violation.
If the court finds that the person violated a condition of probation and the petition is filed while the person is still on probation, the court may do any of the following:
- Continue them on probation with or without modifying the conditions;
- Extend the probation period to not more than 1 year beyond the original probationary period; or
- Order all or part of the suspended sentence to be executed.
If the court finds that the person violated a condition of probation and the petition is filed after the probationary period has ended, the court may:
- Reinstate the probationary period, with or without enlarging the conditions, if the new probationary period and the original probationary period does not exceed the maximum sentence allowable for the offense that is the basis for probation; or
- Order all or part of the suspended sentence to be executed.
If you or somebody you know is facing a violation of probation, contact the experienced Indianapolis criminal defense attorneys at Banks & Brower, LLC for a free consultation. We can assist in either contesting the alleged violation or negotiating a resolution. We are available 24/7/365 by calling (317) 870-0019 or emailing us at email@example.com.