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Current as of January 02, 2024 | Updated by Findlaw Staff
Sec. 3. (a) The court may, at the time of sentencing, order a person to be placed in a community corrections program as an alternative to commitment to the county jail or the department of correction. However, if a person has a nonsuspendible sentence, except for a nonsuspendible sentence under IC 35-50-2-2.2, a court may not order the person to serve the nonsuspendible portion of the person's sentence in a community corrections program. The court may impose reasonable terms on the placement or require the director of the community corrections program to impose reasonable terms on the placement. A court shall require a person:
(1) who is described in IC 10-13-6-10(a);
(2) who has not previously provided a DNA sample in accordance with IC 10-13-6; and
(3) whose sentence does not involve a commitment to the department of correction;
to provide a DNA sample as a term of placement.
(b) Placement in a community corrections program under this chapter is subject to the availability of residential beds or electronic monitoring units in a community corrections program. However, this subsection does not prohibit placement on home detention without electronic monitoring.
(c) A person placed under this chapter is responsible for the person's own medical care while in the placement program.
(d) The community corrections program shall have access to and use an offender's written presentence report or memorandum from a county probation agency, if applicable, when determining the offender's eligibility for placement.
Cite this article: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-38-2.6-3 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-38-2-6-3/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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