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Indiana Code Title 35. Criminal Law and Procedure § 35-38-2-1.8

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 1.8. (a) This section does not apply to the modification of a user's fee payment under section 1.7(b) of this chapter.

(b) The court may hold a new probation hearing at any time during a probationer's probationary period:

(1) upon motion of the probation department or upon the court's motion;  and

(2) after giving notice to the probationer.

(c) At a probation hearing described in subsection (b), the court may modify the probationer's conditions of probation.  If the court modifies the probationer's conditions of probation, the court shall:

(1) specify in the record the conditions of probation;  and

(2) advise the probationer that if the probationer violates a condition of probation during the probationary period, a petition to revoke probation may be filed before the earlier of the following:

(A) One (1) year after the termination of probation.

(B) Forty-five (45) days after the state receives notice of the violation.

(d) The court may hold a new probation hearing under this section even if:

(1) the probationer has not violated the conditions of probation;  or

(2) the probation department has not filed a petition to revoke probation.

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Cite this article: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-38-2-1.8 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-38-2-1-8/

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