What Are The Different Types Of Probation In Indianapolis?

Judges in Indianapolis are authorized by statute to impose probation and special terms of probation on any person convicted of a crime. The terms of probation may vary from case to case, depending on both the nature of the crime that was committed and the sentence given for that crime.

To understand what a defendant will experience during their time in a probation program, it’s important to clarify the basics of the most common probation terms.

Supervised Probation

Supervised probation typically requires the offender to check in with a probation officer on a regular basis. Sometimes, this check-in occurs every week. Most times, it occurs every month. The schedule for these check-ins depends on the probation officer, the offender, and the offense. To go along with that, these check-ins may occur by phone, by zoom, by kiosk, or in-person. As with the schedule of these check-ins, this, too, is dependent on the probation officer, the offender, and the offense. Outside of regular check-ins, the court often imposes some of the other rules found in Indiana Code 35-38-2.

Some of the most common rules for a supervised probation sentence include:

Refraining from all drug/alcohol usage
Staying away from certain people
Being home by a certain time

Should the offender violate these rules, the conditions of their supervised probation may change or be revoked entirely. If the Court revokes probation, it may carry a jail sanction up to the entire suspended sentence.

Non-Reporting Probation

Non-Reporting probation is a less restrictive version of regular probation. The offender is subject to most, if not all, of the same rules a reporting probationer must follow, but the offender does not have to report to their officer on a regular basis. The probation department’s monitoring of the probationer is thus much more lax. Random drug testing and home visits, while still authorized and possible, are much less likely for non-reporting probationers. Typically the most important term for a non-reporting probationer is to avoid being arrested for any new offenses.

Still, should the Court find a person in violation of their non-reporting probation, their probation can be switched to reporting probation, or even be revoked entirely.

Home Detention as a Condition Probation

I.C. 35-38-2.5-5 authorizes a Court to impose home detention as a condition of probation for some offenses.

Some of the most common rules for home detention as a condition of probation include:

Wearing an ankle monitor
Staying at home except when authorized to leave for a good reason
Reporting to your office as directed
Refraining from drug or alcohol use or possession
Refraining from possession of a firearm

Since some of these activities require leaving the house, offenders may be granted a period of time in which they can leave. But, outside of that period, they must stay within their home.

Crime-Specific Probation

Crime-specific probation is a probation program with rules set by the judge. These rules are designed to prevent the offender from committing the same offense.

For example a drug-related offense may come with a drug-specific probation program. Some of the most common rules for a program of this sort include:

Refraining from drug/alcohol usage
Frequent drug tests
Maintaining employment
Going through a treatment program

The Indiana code grants the Court broad discretion to set terms of probation, although the Constitution does require those terms to be reasonably related to the rehabilitation of the offender.

Speak To An Indianapolis Probation Attorney Today

For all probation programs, there are specific rules that must be adhered to. By failing to do so, you risk becoming incarcerated once again.

Speak to an experienced Indianapolis probation violation lawyer at Rigney Law LLC today to learn what to expect from your probation program and how to avoid probation violations.

Sources:

iga.in.gov/static-documents/a/2/8/9/a289f019/TITLE35_AR38_ch2.pdf

law.justia.com/cases/indiana/court-of-appeals/1981/422-n-e-2d-1290-4.html

in.gov/courts/iocs/files/prob-standards-standards-1.pdf

law.justia.com/codes/indiana/2017/title-35/article-38/chapter-2/section-35-38-2-3/