Indiana Code
Ind. Code § 35-38-2.5-5 (2026)
Home detention as condition of probation
✓ current as of May 2026
Sec. 5. (a) Except as provided in section 5.5 of this chapter, as a condition of probation a court may order an offender confined to the offender's home for a period of home detention.
(b) The period of home detention may be consecutive or nonconsecutive, as the court orders. However, the aggregate time actually spent in home detention must not exceed the maximum term of imprisonment prescribed for the crime committed by the offender.
(c) The court may order supervision of an offender's home detention to be provided by the probation department for the court or by a community corrections program that provides supervision of home detention.
(d) A person's term of confinement on home detention under this chapter is computed on the basis of accrued time on home detention plus any good time credit.
(e) A person confined on home detention as a condition of probation receives one (1) day of accrued time for each day the person is confined on home detention.
(f) In addition to accrued time under subsection (e), a person confined on home detention as a condition of probation is entitled to earn good time credit under IC 35-50-6-3 or IC 35-50-6-3.1. A person confined on home detention as a condition of probation may not earn educational credit under IC 35-50-6-3.3.
(g) A person confined on home detention may be deprived of earned good time credit if the person violates a condition of probation.
As added by P.L.98-1988, SEC.6. Amended by P.L.20-1994, SEC.2; P.L.137-2001, SEC.5; P.L.166-2001, SEC.2; P.L.168-2014, SEC.59; P.L.74-2015, SEC.22; P.L.149-2016, SEC.90; P.L.21-2018, SEC.1; P.L.72-2023, SEC.4.
Notes of Decisions
Cited in 30
cases (1 in the last 5 years), 1992–2025 · leading case: Nathan K. Barker v. State of Indiana, 994 N.E.2d 306 (Ind. Ct. App. 2013).
Nathan K. Barker v. State of Indiana, 994 N.E.2d 306 (Ind. Ct. App. 2013). “In 2001, the legislature responded by amending Indiana Code Section 35-38-2.5-5 by adding subsection (e), specifically entitling the detainee serving home detention as part of his probation to earn credit for time served.”
State of Indiana v. Brishen R. Vanderkolk, 32 N.E.3d 775 (Ind. 2015). “See Ind.Code § 35-38-2.5-5 (2012) 2 and Ind.Code § 35-38-2.”
Brown v. State, 894 N.E.2d 598 (Ind. Ct. App. 2008). “5-6(1), which is referenced in defining the offense of unauthorized absence from home detention, provides: An order for home detention of an offender under [Ind.Code § 35-38-2.5-5] must include the following: (1) A requirement that the offender be confined to the offender's home…”
Kathleen K. Peterink v. State of Indiana, 971 N.E.2d 735 (Ind. Ct. App. 2012). “§ 35-50-6-6 speaks in terms of credit time while 4 I.C. § 35-38-2.5-5 provides that a person “earns credit” for time served on home detention.”
Chad A. Madden v. State of Indiana, 25 N.E.3d 791 (Ind. Ct. App. 2015). “” I.C. § 35-38-2.5-5 (emphasis added). [21] Once a court has ordered electronic monitoring as a condition of probation, it may assign supervisory duties to a community corrections department.”
Lonny Hodges v. State of Indiana, 54 N.E.3d 1055 (Ind. Ct. App. 2016). “Rather, the Court made clear that the precise legal basis for the placement was irrelevant and that the critical fact was that the offender was on home detention: For purposes of today’s analysis, “probation” is not distinguishable from “community corrections,” and the terms…”
Stith v. State, 766 N.E.2d 1266 (Ind. Ct. App. 2002). “Shortly after Palmer and Dishroon were handed down, the general assembly amended Ind.Code § 35-38-2.5-5 effective July 1, 2001 to add subsection (e), which states "A person confined on home detention as a condition of probation earns credit for time served.”
Antcliff v. State, 688 N.E.2d 166 (Ind. Ct. App. 1997). “In particular, he argues that he could only be required to serve a maximum of two and one-half years of home detention under Ind.Code § 35-38-2.5-5. Although the State concedes that the trial court’s order exceeds the statutory limit, it argues that Antcliff may be ordered to…”
Senn v. State, 766 N.E.2d 1190 (Ind. Ct. App. 2002). “I.C. § 35-38-2.5-5 4 provides, in pertinent part, as follows: "(e) A person confined on home detention as a condition of probation earns eredit for time served.”
Brattain v. State, 777 N.E.2d 774 (Ind. Ct. App. 2002). “2002) (holding that a probationer is entitled to credit for time served in a work release program), reh’g denied; Ind.Code § 35-38-2.5-5(e) (2001 Supp.) (“A person confined on home detention as a condition of probation earns credit for time served.”
Palmer v. State, 744 N.E.2d 525 (Ind. Ct. App. 2001). “Further, I.C. § 35-38-2.5-5(c) provides that "a court may order supervision of an offender's home detention to be provided by the probation department for the court or by a community corrections program that provides supervision of home detention.”
Cody R. Hickman v. State of Indiana, 81 N.E.3d 1083 (Ind. Ct. App. 2017). “Home detention is confinement and entitles the detainee to accrued time, I.C. § 35-38-2.5-5(e); I.C. § 35-38-2.6-6(b); Senn v.”
Ind. Code § 35-38-2.5-5(a): 3 cases
Nathan K. Barker v. State of Indiana, 994 N.E.2d 306 (Ind. Ct. App. 2013). “In 2001, the legislature responded by amending Indiana Code Section 35-38-2.5-5 by adding subsection (e), specifically entitling the detainee serving home detention as part of his probation to earn credit for time served.”
Brown v. State, 894 N.E.2d 598 (Ind. Ct. App. 2008). “5-6(1), which is referenced in defining the offense of unauthorized absence from home detention, provides: An order for home detention of an offender under [Ind.Code § 35-38-2.5-5] must include the following: (1) A requirement that the offender be confined to the offender's home…”
Antcliff v. State, 688 N.E.2d 166 (Ind. Ct. App. 1997). “In particular, he argues that he could only be required to serve a maximum of two and one-half years of home detention under Ind.Code § 35-38-2.5-5. Although the State concedes that the trial court’s order exceeds the statutory limit, it argues that Antcliff may be ordered to…”
Ind. Code § 35-38-2.5-5(c): 5 cases
State of Indiana v. Brishen R. Vanderkolk, 32 N.E.3d 775 (Ind. 2015). “See Ind.Code § 35-38-2.5-5 (2012) 2 and Ind.Code § 35-38-2.”
Palmer v. State, 744 N.E.2d 525 (Ind. Ct. App. 2001). “Further, I.C. § 35-38-2.5-5(c) provides that "a court may order supervision of an offender's home detention to be provided by the probation department for the court or by a community corrections program that provides supervision of home detention.”
Chad A. Madden v. State of Indiana, 25 N.E.3d 791 (Ind. Ct. App. 2015). “” I.C. § 35-38-2.5-5 (emphasis added). [21] Once a court has ordered electronic monitoring as a condition of probation, it may assign supervisory duties to a community corrections department.”
Lonny Hodges v. State of Indiana, 54 N.E.3d 1055 (Ind. Ct. App. 2016). “Rather, the Court made clear that the precise legal basis for the placement was irrelevant and that the critical fact was that the offender was on home detention: For purposes of today’s analysis, “probation” is not distinguishable from “community corrections,” and the terms…”
Barton v. State, 598 N.E.2d 623 (Ind. Ct. App. 1992).
Ind. Code § 35-38-2.5-5(e): 9 cases
Nathan K. Barker v. State of Indiana, 994 N.E.2d 306 (Ind. Ct. App. 2013). “In 2001, the legislature responded by amending Indiana Code Section 35-38-2.5-5 by adding subsection (e), specifically entitling the detainee serving home detention as part of his probation to earn credit for time served.”
Brattain v. State, 777 N.E.2d 774 (Ind. Ct. App. 2002). “2002) (holding that a probationer is entitled to credit for time served in a work release program), reh’g denied; Ind.Code § 35-38-2.5-5(e) (2001 Supp.) (“A person confined on home detention as a condition of probation earns credit for time served.”
Cody R. Hickman v. State of Indiana, 81 N.E.3d 1083 (Ind. Ct. App. 2017). “Home detention is confinement and entitles the detainee to accrued time, I.C. § 35-38-2.5-5(e); I.C. § 35-38-2.6-6(b); Senn v.”
Cory L. Meadows v. State of Indiana, 2 N.E.3d 788 (Ind. Ct. App. 2014).
Keith Jenkins v. State of Indiana (mem. dec.) (Ind. Ct. App. 2016).
Ind. Code § 35-38-2.5-5(f): 1 case
Harry F. Bolton v. State of Indiana (mem. dec.) (Ind. Ct. App. 2015).
Ind. Code § 35-38-2.5-5(g): 1 case
Harry F. Bolton v. State of Indiana (mem. dec.) (Ind. Ct. App. 2015).
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