Is There More Than One Type of Probation?
When a person is convicted of a criminal offense in Indiana, they will then be sentenced. Depending on various factors, including the specific details of the crime and the defendant’s history, a court may impose a type of sentence of probation that allows the defendant to avoid incarceration. In some cases, a defendant will be ordered to complete a period of probation as part of a suspended sentence. Probation occurs under court supervision, and it involves the defendant adhering to specific requirements and conditions, including regular monitoring, and engaging in certain rehabilitation programs depending on the details of their original offense.
Although probation terms will vary based on the specific facts of a given case, probation is often understood generally to involve monitoring by a probation officer and avoiding incarceration. Yet cases can vary more widely than this. In Indiana, there are many different elements of probation under Indiana Code Section 35-38-2 that correspond to the requirements and conditions to which a defendant must adhere. Our Indianapolis defense attorneys can explain in more detail.
Level of Supervision
One of the important terms to know if you or someone you love has a sentence that includes probation is the level of supervision involved in probation. It is important to know whether the probation is “supervised” or whether it is a “non-reporting” probation, and whether it requires participation in “Community Corrections” or participation in another type of supervision program.
On a basic level, probation is typically supervised, which means that a defendant will need to meet with a probation officer on a routine basis. The regularity with which a defendant must meet with a probation officer will depend on the facts of their case, their criminal history, and history of success or lack of success when monitored previously, but it may be monthly, or in some cases weekly. On the other end of the spectrum, some defendants are ordered to complete non-reporting probation. This does not mean that they are not being supervised, but rather that the supervision is less strict, and it does not typically require routine reporting to a probation officer (such as weekly or monthly). However, a probation officer may check on the defendant at random, for example, or require random drug testing.
Different levels of supervision can also be impacted by any required participation in a supervision program. There are different types of supervision programs in Indiana, which can require a defendant to live in a particular community residence where supervision exists, for example, or may require electronic monitoring with home detention.
Conditions Based on Specific Offense
Beyond the level of supervision, probation can also vary depending on the specific conditions. Under the Indiana Code, there are particular statutory conditions associated with specific offenses, including the following, for instance:
- Sex offenses;
- Stalking; and
- Drug or alcohol-related offenses.
Other specific conditions can be imposed by the court based on the individual facts, and those conditions can be determined on a case-by-case basis.
Contact a Criminal Defense Attorney in Indianapolis
If you need assistance defending against criminal charges, or you have questions or need help with probation or a probation violation, one of the experienced Indianapolis criminal defense lawyers at Rigney Law LLC can assist you. Contact us today.
Sources:
law.justia.com/codes/indiana/title-35/article-38/chapter-2/
in.gov/idoc/facilities/re-entry/community-correction/
