Indiana House Arrest Rules
Indiana house arrest, also known as home detention, is an element of a criminal sentence that an offender may serve in their home, either as a direct placement (in lieu of time spent committed in a department of corrections facility or jail) or as a condition of probation. When serving house arrest, an offender may also be subject to electronic GPS monitoring, as well as drug/alcohol monitoring. While the concept is clear, Indiana house arrest rules vary county-by-county. Therefore, if you’d like to fully understand what house arrest may entail, given your specific situation, it would best to talk to an Indiana criminal defense attorney who is well-versed in nuances of each county’s community correction program.
At Keffer Hirschauer LLP, our founders, as well as other attorneys on staff, are former deputy prosecutors who know both sides of the criminal justice system. Our team has an intimate understanding of the local courts across the state, and how each county handles their community corrections programs. If you’d like to speak with an attorney about the Indiana house arrest rules in your specific county, feel free to call Keffer Hirschauer LLP at 317-857-0160 or complete our online contact form to schedule a free consultation with a member of our team.
House Arrest as a Condition of Probation
As outlined in Indiana Code 35-38-2.5-5, Indiana courts may issue orders placing offenders on house arrest as a condition of probation, provided that they are under the supervision of the probation department of the court or a designated community corrections program. The law further states that while the period of house arrest can be either consecutive or nonconsecutive, an offender’s aggregate time on house arrest must not exceed the minimum term of imprisonment prescribed for the felony they have committed, or the maximum term of imprisonment prescribed for the misdemeanor they have committed.
Generally, sentencing courts may only place an offender under house arrest in the county where the court resides or in the county adjacent to where the sentencing court resides. However, as stated in Indiana Code 35-38-2.5-5.5, an offender may be placed on house arrest in their county of residence, by a sentencing court outside of and non-adjacent to their county, provided they are eligible for house arrest in their county of residence and will be supervised by the probation department or community corrections program in that county.
In accordance with Indiana Code 35-38-2.5-7, courts may not order a house arrest for offenders who do not agree to abide by all of the requirements set forth in the court’s order. In addition, they may not order house arrest for an offender who is currently being held under a detainer, warrant, or process issued by a court of another jurisdiction. In most situations, house arrest cannot be ordered for an offender who has been convicted of incest or any Indiana sex crimes listed in Indiana Code 35-42-4. However, exceptions are made when the offender’s house arrest is being supervised by a court-approved home detention program that monitors the offender around the clock using surveillance equipment and a monitoring device that can transmit the offender’s precise location data 24 hours a day, every day of the year.
Direct Placement into Home Detention
Indiana Code 35-38-2.6-3 allows for courts, at the time of sentencing, to suspend any portion of an offender’s sentence and order that person to be placed in a community corrections program, in lieu of being committed to the department of corrections. In doing so, either the court or the director of community corrections can impose reasonable terms on the placement. However, it’s important to note that placement in a community corrections program supervising Indiana house arrest is subject (but not limited) to the availability of electronic monitoring units. If an offender is placed on house arrest, under the supervision of a community corrections program, the court shall then suspend the sentence for a fixed period of time to end no later than the date that the suspended sentence expires.
It’s also important to understand that direct placement in community corrections is only available to some, not all offenders in Indiana. Per Indiana Code 35-38-2.6-1, persons convicted of incest or sex crimes, or any the following felony offenses are not eligible to be placed on Indiana house arrest via direct placement into community corrections:
- Battery offenses with a deadly weapon or causing death
- Criminal confinement with a deadly weapon
- Robbery resulting in serious bodily injury or with a deadly weapon
- Arson for hire resulting in serious bodily injury
- Resisting law enforcement with a deadly weapon
- Escape with a deadly weapon
- Rioting with a deadly weapon
- Aggravated battery
- Disarming a law enforcement officer
- OWI or drunk driving offenses resulting in serious bodily injury
- OWI or drunk driving offenses resulting in death or catastrophic injury
Indiana House Arrest Rules
Indiana house arrest rules, located in Indiana Code 35-38-2.5-6, require that court orders confining an offender to house arrest include several requirements, including:
- The offender must stay in their home at all times, with some exceptions (see graphic)
- The offender must abide by a schedule, prepared by the party responsible for their supervision, specifically setting forth the times when the offender may be absent from the offender’s home and the locations the offender is allowed to be during the scheduled absences
- The offender may not commit another crime during their period of home detention
- The offender must obtain approval from the party responsible for their supervision before changing their residence
- The offender must maintain a working telephone, cellphone or other wireless communication device and, if ordered by the court, a monitoring device in the home, on their person, or both
- The offender must pay a home detention fee, set forth by the court, in addition to the probation user’s fee requirements, per Indiana Code 35-38-2-1 or Indiana Code 31-40.
- The offender must abide by all other conditions of probation set forth in Indiana Code 35-38-2-2.3.
- If the offender’s sentence doesn’t involve a commitment to the department of corrections, and they meet the offender criteria set forth in Indiana Code 10-13-6-10(a), they must provide a DNA sample, if they haven’t done so already
If the offender does not agree to abide by the requirements set forth in the court’s order for house arrest, the court cannot grant the order, allowing them to complete their sentence at their home.
Indiana House Arrest Rules: Unauthorized Absence
In accordance with Indiana Code 35-38-2.5-13, an offender commits the offense of unauthorized absence from home detention, when they leave their home in violation of Indiana Code 35-38-2.5-6(1), or without clear, documented permission from the supervising entity; when they remain outside the home in violation with section 6(1) or without clear, documented permission from the supervising entity; or they travel to a location not authorized under section 6(1) or not authorized by in writing by the supervising entity. If found in violation, the offender may be charged with a Class A Misdemeanor.
Cost of Living
Indiana Code 35-38-2.5-9 clearly states that an offender undergoing home detention is solely responsible for providing their own food, housing, clothing, medical care, and other treatment expenses. However, if eligible, an offender may receive government benefits allowable for persons on probation, parole, and other conditional discharge from confinement.
Indiana House Arrest Rules: Escape
As stated in Indiana Code 32-44.1-3-4, any person who knowingly or intentionally violates a home detention order, except for a provision of a home detention order relating to the possession or consumption of alcohol/controlled substance in their home; tardiness to or missed appointments with supervising staff; or failure to pay user fees; or intentionally removes, disables or interferes with their monitoring device commits Level 6 Felony Escape in Indiana.
Direct Placement Monitoring
When an offender undergoes direct placement into a community corrections program and is put on house arrest, Indiana Code 35-38-2.6-4.2 requires that the corrections program charged with their supervision set any monitoring device and surveillance equipment to minimize the possibility of the offender entering another residence or structure without detection of the violation. The offender shall then be under constant 24/7 monitoring, under which a violation of the order may be responded to at any time.
If an offender is found in violation of the terms of their direct placement into Indiana house arrest, the director of the community corrections program may change the terms of their placement; continue the placement; reassign the person to a different community corrections program; or request that the court revoke the placement and commit the person to the county jail or to the Indiana department of correction for the remainder of their sentence.
Credit Time For Direct Placements
When a person is confined to house arrest as a direct placement into a community corrections program, Indiana code 35-38-2.6-6 stipulates that they receive one day of accrued credit time for each day they’re confined to house arrest. They may also earn good time credit while under house arrest but are not able to earn educational time credit while part of a community corrections program. It’s important to understand, however, that a person on house arrest may also be deprived of earned good credit time under the administrative rules listed in Indiana Code 4-22-2.
Need to Talk to an Attorney about Indiana House Arrest Rules?
When someone is facing criminal charges, it’s not unusual to have questions about various aspects of Indiana’s criminal justice system. Some people are curious to understand what happens before a criminal trial in Indiana takes place; other people wonder about qualifications for sentence modification in Indiana or the Indiana sentencing guidelines. So, if you have questions about Indiana house arrest rules or who is eligible for house arrest in the state of Indiana, don’t hesitate to reach out to an Indiana criminal defense attorney from Keffer Hirschauer LLP.
Our team is staffed by former deputy prosecutors who have a unique understanding of how house arrest works in Indiana and what it may mean for you, given the specifics of the charges filed against you. To speak with an attorney today, give us a call at 317-857-0160 or complete our online contact form to schedule a free consultation with a member of our team.