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Probation and Ankle Monitors in Indiana 

In Indiana, probation is a common alternative to incarceration, offering individuals the opportunity to live in their communities, albeit under specific conditions. Typically, offenders are offered probation when the crimes they’ve been convicted of don’t necessarily warrant jail time and would be better served by completing probation under the court’s supervision. Those placed on probation must remain in compliance with their probation terms; which, among other conditions, often includes wearing an ankle monitor in Indiana. Failure to do so could result in serious consequences, including the possibility of being sent to prison to finish the criminal sentence.  

If you have questions about ankle monitors in Indiana, or fear that you may have violated the terms of your probation, do not hesitate to contact the Indianapolis probation violation attorneys at Keffer Hirschauer LLP. Our team has decades of experience defending against probation violation allegations, as well as wider criminal defense work. On top of that, as former deputy prosecutors, we’ve prosecuted such crimes in the past and thus have intimate knowledge of how these sorts of cases are handled in court.  

To speak with a probation violation attorney in Indiana today, call 317-857-0160 or complete our online contact form to schedule a free consultation. 

Overview of Probation in Indiana

Overview of Probation in Indiana 

Probation in Indiana is a court-ordered period of supervision over an offender, granted in lieu of jail or prison time. It’s designed to monitor and rehabilitate individuals by imposing certain conditions they must follow to remain in the community. The terms of probation are tailored to each case, reflecting the nature of the offense and the needs of the individual and community. 

What are the Different Types of Probation in Indiana? 

There are several types of probation in Indiana, including: 

  • Informal Probation: Often for minor offenses, requiring minimal supervision. 
  • Supervised Probation: Involves regular check-ins with a probation officer and adherence to strict conditions. 
  • Community Control: A form of intensive supervision that may include house arrest, curfew, or community service. 

Understanding the specific type of probation and its conditions is essential for compliance and making the most of this opportunity for rehabilitation. 

Who is Eligible for Probation in Indiana? 

There is no explicit statute outlining an offender’s eligibility for Indiana probation. However, Indiana Code 35-38-1-7.1(b) does provide Courts with various factors that may guide their decision to suspend a sentence and impose probation. These factors include:  

  • Impact of Crime: Did the offender harm or intend to harm another person or property? 
  • Chance of Repeating Crime: What is the chance that the offender is likely to repeat this crime again in the future?  
  • Role of the Victim: Did the victim play any role in the offender committing the crime? If so, to what extent? 
  • Justification: Are there any reasons that, when taken in context of the crime, make the offender’s actions somewhat understandable? 
  • Provoked Action: Was the offender provoked, in any way, into committing the crime? 
  • Criminal and Juvenile History: Has the offender has broken the law in the past or have they been law-abiding for a substantial amount of time? 
  • Response to Probation or Incarceration: Would the offender do well with probation or are they likely to violate the terms of their probation?  
  • Recidivism Risk: Given the offender’s personality and behavior, are they likely to commit additional crimes in the future? 
  • Restitution and Amends: Has the offender paid back the victim for any harm or loss? Do they plan to make amends or pay restitution? 
  • Hardship from Incarceration: Will incarceration be excessively hard on the offender or their family?  
  • Self-Defense: Whether the offender was acting in self-defense when they committed the crime 
  • Drug-related Leniency: If crime was drug-related, was the offender trying to get medical help for themself or someone in need? 
  • Mental Health Considerations: Does the offender suffer from mental health issues? Traumatic brain injury or PTSD?  
  • Youthful Offender: Was the person a minor when they committed the crime, but now are over the age of 21?  

What are Common Conditions of Probation in Indiana?  

The possible conditions that may be placed upon a person put on probation in Indiana can be found in Indiana Code 35-38-2-2.3, as well as some of the subsequent sections. Some of the more common conditions include:  

  • Reporting to a probation officer 
  • Maintaining suitable employment 
  • Submit to drug and alcohol testing 
  • Refrain from possessing a firearm or other deadly weapon unless granted written permission by the court 
  • Community service   
  • Receive addiction or mental health counseling 
  • Requirement to wear an ankle monitor in Indiana 

What Happens When You Violate Probation? 

If you’re found to have been in violation of your probation conditions, Indiana Code 35-38-2-3(h) allows the court may impose one or more of the following probation violation consequences:    

  • Continue your probation, with or without modifying or enhancing the conditions   
  • Extend your probationary period 
  • Order execution of all or part of your sentence 

Overview of Probation and Ankle Monitors in Indiana 

Ankle monitors in Indiana play a pivotal role in the enforcement of probation conditions. These devices enable law enforcement and probation officers to monitor an individual’s location and ensure compliance with court-ordered restrictions, such as curfews or designated area limitations. 

How Do Ankle Monitors Work? 

Most ankle monitors in Indiana use GPS technology to track movement in real-time, allowing probation officers to verify that individuals are adhering to their mobility restrictions. Some devices also include features like alcohol monitoring to detect and report the consumption of alcohol by the wearer. 

What are the Different Types of Ankle Monitors? 

Generally, there are three kinds of ankle monitors in Indiana: GPS monitors, RF monitors; and SCRAM monitors. The type of ankle monitor assigned depends on the nature of the offense, the conditions of probation, and the assessed risk level of the individual to the community. 

Generally, GPS monitors simply track the location and movement of the wearer. RF monitors, however, ensure the wearer remains within a specified range. These types of monitors are more often used for house arrest. SCRAM monitors are Secure Continuous Remote Alcohol Monitors. This means that they’re used to detect alcohol consumption through perspiration.  

Do All Probationers Have to Wear an Ankle Monitor? 

Not everyone placed on probation required to wear an ankle monitor. The decision is based on a variety of factors assessed by the court, including flight risk, substance abuse issues or specific court orders that may necessitate the use of an ankle monitor for enforcement.  

Do Probationers Pay for Ankle Monitors?  

Generally, yes, probationers do have to pay for their own ankle monitors. The cost of ankle monitors varies by type and jurisdiction. For instance, in Indianapolis participants in one of the three available electronic monitoring programs must pay an initial $50 installation fee plus $14.00 per day spent under supervision. There are exceptions available, however, to low-income participants.  

Do Ankle Monitors in Indiana Record Audio?  

While newer ankle monitors do have the ability to record audio, it’s unclear as to whether they are always recording audio. The ReliAlert XC3 monitoring device, made by the TRACK group, has the ability to call and record wearers of the device. According to the manufacturer, any recording or call should be preceded by a three-tone ring to alert the wearer. However, there has been some dispute as to whether the tracking company or probation officer can actually listen to audio without alerting the user.  

Further Questions about Probation or Ankle Monitors in Indiana? 

Violations involving probation or ankle monitors in Indiana can significantly alter a person’s life. Therefore, if you have further questions about the rules and regulations governing probation in Indiana, do not hesitate to contact our Indianapolis-based criminal defense law firm. Our firm is led by two former deputy prosecutors, Bradley Keffer and Tom Hirschauer III, who have both prosecuted and defended individuals accused of Indiana probation violations. This means they know what it takes to question the prosecution’s case and protect you, your rights, and your freedoms.  

To begin working with one of our Indiana criminal defense lawyers today, call 317-857-0160 or complete our online contact form to schedule a free consultation. 

Summary
Article Name
Probation and Ankle Monitors Indiana
Description
This article addresses frequently asked questions about probation and ankle monitors in Indiana
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Keffer Hirschauer LLP

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