Sec. 3. A probation officer shall:
(1) conduct prehearing and presentence investigations and
prepare reports as required by law;
(2) assist the courts in making pretrial release decisions;
(3) assist the courts, prosecuting attorneys, and other law
enforcement officials in making decisions regarding the diversion
of charged individuals to appropriate noncriminal alternatives;
(4) furnish each person placed on probation under his supervision
a written statement of the conditions of his probation and instruct
him regarding those conditions;
(5) supervise and assist persons on probation consistent with
conditions of probation imposed by the court;
(6) bring to the court's attention any modification in the
conditions of probation considered advisable;
(7) notify the court when a violation of a condition of probation
occurs;
(8) cooperate with public and private agencies and other persons
concerned with the treatment or welfare of persons on probation,
and assist them in obtaining services from those agencies and
persons;
(9) keep accurate records of cases investigated by him and of all
cases assigned to him by the court and make these records
available to the court upon request;
(10) collect and disburse money from persons under his
supervision according to the order of the court, and keep accurate
and complete accounts of those collections and disbursements;
(11) assist the court in transferring supervision of a person on
probation to a court in another jurisdiction; and
(12) perform other duties required by law or as directed by the
court.
As added by Acts 1979, P.L.120, SEC.6.
Notes of Decisions
Cited in
12
cases (
2 in the last 5 years), 1982–2023 · leading case:
Isaac v. State, 605 N.E.2d 144 (Ind. 1992).
Isaac v. State, 605 N.E.2d 144 (Ind. 1992).
· cites it 2× “Ind. Code Ann. § 11-13-1-1 (West 1982). One of the duties of probation officers is to notify the court when a violation of a condition of probation occurs.”
Disney v. State, 441 N.E.2d 489 (Ind. Ct. App. 1982).
· cites it 2× “Although Indiana Code section 11-13-1-3 requires probation officers to “[fjurnish each person placed on probation under his supervision a written statement of the conditions of his probation and instruct him regarding those conditions,” we do not believe this relieves the court…”
Randy L. Thornton v. Matthew Pietrzak, Stephanie Buttz, Eric Lee, & Dianna Johnson, 120 N.E.3d 1139 (Ind. Ct. App. 2019).
· cites it 2× “" Ind. Code § 11-13-1-3 (7), (9). [18] Thornton contends that Appellees' actions of keeping inaccurate records regarding the status of his probation in Cause 81612 and filing of a false notice of probation violation exceeded the scope of Appellees' authority as probation…”
Blackwell v. Cook, 570 F. Supp. 474 (N.D. Ind. 1983).
· cites it 4× “To determine the “nature of the act itself,” it is necessary to review the probation officer’s duties and responsibilities contained in Ind.Code § 11-13-1-3 (Burns Ann.1981 Rpl.”
Pruitt v. Kimbrough, 536 F. Supp. 764 (N.D. Ind. 1982).
· cites it 2× “The duties of a probation officer in Indiana are set forth in Ind.Code § 11-13-1-3 which provides, in part, that a probation officer shall: (1) Conduct pre-hearing and pre-sentence investigations and prepare reports as required by law; (2) assist the court in making pre-trial…”
Larson v. Cantrell, 974 F. Supp. 1211 (N.D. Ind. 1997).
· cites it 2× “Ind.Code § 11-13-1-3. On their face, these duties sound fairly important to a judge’s.”
J.A.W. v. State, 650 N.E.2d 1142 (Ind. Ct. App. 1995).
· cites it 2× “1-8(a); I.C. § 11-13-1-3; I.C. § 31-6-9-4(b). Moreover, the fact that Probation receives funding from the county is not indicative of county status.”
Williams v. DeKalb Cnty. Bd. of Commissioners (N.D. Ind. 2021).
· cites it 4× “They cite Ind. Code §11-13-1-3 , which outlines twelve mandatory statutory duties and responsibilities2 of probation officers, to show that probation officers have 2 The mandatory duties include: (1) conduct prehearing and presentence investigations and prepare reports as…”
Kent A. Easley v. State of Indiana, Shelby Cnty. Prosecutor's Off., R. Kent Apsley, J. Brad Landwerlen, Shelby Co. Prob. Dept.,, Deanna Holder, Shelby Co. Superior Ct One Clerk (Ind. Ct. App. 2012).
· cites it 4× “Pursuant to Indiana Code section 11-13-1-3, a probation officer shall: (1) conduct prehearing and presentence investigations and prepare reports as required by law; (2) assist the courts in making pretrial release decisions; (3) assist the courts, prosecuting attorneys, and…”
JAW v. State, 650 N.E.2d 1142 (Ind. Ct. App. 1995).
· cites it 2× “1-8(a); I.C. § 11-13-1-3; I.C. § 31-6-9-4(b). Moreover, the fact that Probation receives funding from the county is not indicative of county status.”
Chad Kraemer v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018).
· cites it 2× “See Ind. Code § 11-13-1-3 (providing that a probation officer shall, among other things, furnish probationers under the officer’s supervision with a written statement of the conditions of the probation and instruct the probationer regarding the conditions).”
Marion Cnty. Superior Court Prob. Dep't v. Cheryl Trapuzzano (Ind. Ct. App. 2023).
· cites it 2× “Failing to fulfill the mandatory duties of probation officers as prescribed by Indiana Code 11-13-1-3; e. Failing to fulfill the duties of probation officers as required by the policies and procedures of the Marion County Superior Court Probation Department; f.”
Ind. Code § 11-13-1-3(3): 1 case
Blackwell v. Cook, 570 F. Supp. 474 (N.D. Ind. 1983).
“To determine the “nature of the act itself,” it is necessary to review the probation officer’s duties and responsibilities contained in Ind.Code § 11-13-1-3 (Burns Ann.1981 Rpl.”
Ind. Code § 11-13-1-3(7): 1 case
Kent A. Easley v. State of Indiana, Shelby Cnty. Prosecutor's Off., R. Kent Apsley, J. Brad Landwerlen, Shelby Co. Prob. Dept.,, Deanna Holder, Shelby Co. Superior Ct One Clerk (Ind. Ct. App. 2012).
“Pursuant to Indiana Code section 11-13-1-3, a probation officer shall: (1) conduct prehearing and presentence investigations and prepare reports as required by law; (2) assist the courts in making pretrial release decisions; (3) assist the courts, prosecuting attorneys, and…”
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