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Legislative Update

Home detention

May 30, 2023 Filed Under: Criminal

H.E.A. 1287, P.L. 72

Effective: §§1-11, 13, 14 effective April 20, 2023; §§12, 15 effective July 1, 2023

  • Allows a court to place a person convicted of certain crimes directly in a community corrections program.
  • Provides that a violation of certain terms of a community corrections program placement constitutes escape.
  • Repeals the offense of unauthorized absence from home detention, a Class A misdemeanor.
  • Repeals a provision that requires the court to suspend a period of an individual’s sentence if placed in a community corrections program.
  • §12 provides that if a person on home detention knowingly and intentionally: (1) leaves the person’s home; (2) remains outside of the person’s home; or (3) travels to an unauthorized location; in violation of the home detention order and without written permission commits escape, a Level 6 felony.
  • §15 provides that the court may not suspend the minimum sentence for a Level 3 felony if the person has a juvenile adjudication for certain offenses committed within three years of the commission of the Level 3 felony.
  • Specifies that a person sentenced to work release in a community corrections program receives one day of accrued time for each day the person is confined on work release. (Current law only specifies that a person on home detention earns accrued time.)

Read the bill at: https://iga.in.gov/legislative/2023/bills/house/1287 

Filed Under: Criminal Tagged With: community corrections, home detention, sentencing

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