Sec. 3. (a) The court may, at the time of sentencing,
order a person to be placed in a community corrections program as an
alternative to commitment to the county jail or the department of
correction. However, if a person has a nonsuspendible sentence, except
for a nonsuspendible sentence under IC 35-50-2-2.2, a court may not
order the person to serve the nonsuspendible portion of the person's
sentence in a community corrections program. The court may impose
reasonable terms on the placement or require the director of the
community corrections program to impose reasonable terms on the
placement. A court shall require a person:
(1) who is described in IC 10-13-6-10(a);
(2) who has not previously provided a DNA sample in accordance
with IC 10-13-6; and
(3) whose sentence does not involve a commitment to the
department of correction;
to provide a DNA sample as a term of placement.
(b) Placement in a community corrections program under this
chapter is subject to the availability of residential beds or electronic
monitoring units in a community corrections program. However, this
subsection does not prohibit placement on home detention without
electronic monitoring.
(c) A person placed under this chapter is responsible for the person's
own medical care while in the placement program.
(d) The community corrections program shall have access to and use
an offender's written presentence report or memorandum from a county
probation agency, if applicable, when determining the offender's
eligibility for placement.
As added by P.L.240-1991(ss2), SEC.96. Amended by
P.L.135-1993, SEC.7; P.L.140-2006, SEC.29 and P.L.173-2006,
SEC.29; P.L.179-2015, SEC.15; P.L.111-2017, SEC.12; P.L.45-2022,
SEC.4; P.L.72-2023, SEC.8.
Notes of Decisions
Cited in
28
cases, 1999–2020 · leading case:
Shaffer v. State, 755 N.E.2d 1193 (Ind. Ct. App. 2001).
Shaffer v. State, 755 N.E.2d 1193 (Ind. Ct. App. 2001).
· cites it 10× “Ind.Code § 35-38-2.6-3 provides in relevant part as follows: (a) The court may, at the time of sentencing, suspend the sentence and order a person to be placed in a community corrections program as an alternative to commitment to the department of correction.”
Campbell v. State, 714 N.E.2d 678 (Ind. Ct. App. 1999).
· cites it 6× “CODE § 35-38-2.6-3. [3] *681 The trial court further ordered that Campbell be placed on probation for a period of two years upon his release from incarceration.”
Toomey v. State, 887 N.E.2d 122 (Ind. Ct. App. 2008).
· cites it 4× “” Ind.Code § 35-38-2.6-3. See also Ind.Code § 35-38-2.”
William J. Woodford v. State of Indiana, 58 N.E.3d 282 (Ind. Ct. App. 2016).
· cites it 3× “Woodford’s motion stated two statutory bases for the court’s authority to modify or suspend his sentence and place him in community corrections: Indiana Code § 33-38-1-17 (sentence modification) and § 35-38-2.6-3 (suspension of sentence and direct placement in community…”
Palmer v. State, 744 N.E.2d 525 (Ind. Ct. App. 2001).
· cites it 4× “However, the Purcell court "express[ed] no opinion as to the application of credit for time served or good time credit in any context other than where a court orders a defendant to serve his sentence pursuant to a community corrections placement under Ind.Code § 35-38-2.6-3."…”
McQueen v. State, 862 N.E.2d 1237 (Ind. Ct. App. 2007).
· cites it 2× “Indiana Code § 35-38-2.6-3(a) provides, "The court may, at the time of sentencing, suspend the sentence and order a person to be placed in a community corrections program as an alternative to commitment to the department of correction.”
Floyd William Treece v. State of Indiana, 10 N.E.3d 52 (Ind. Ct. App. 2014).
· cites it 2× “Indiana Code Section 35-38-2.6-3 indicates that if the trial court decides to place a defendant in a community corrections program as an alternative to commitment to the DOC, tlie trial court should suspend the defendant’s sentence.”
Purcell v. State, 721 N.E.2d 220 (Ind. 1999).
· cites it 2× “We express no opinion as to the application of credit for time served or good time credit in any context other than where a court orders a defendant to serve his sentence pursuant to a community corrections placement under Ind.Code § 35-38-2.6-3. Cf. Wharff v. State, 691 N.”
Lonny Hodges v. State of Indiana, 54 N.E.3d 1055 (Ind. Ct. App. 2016).
· cites it 2× “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…”
Kuhfahl v. State, 710 N.E.2d 200 (Ind. Ct. App. 1999).
· cites it 4× “Indiana Code Section 35-38-2.6-3 authorizes the trial court to place an offender in a community corrections program, which may be a program consisting of residential and work release, electronic monitoring, or day reporting.”
Denielle R. Pharr v. State of Indiana, 2 N.E.3d 10 (Ind. Ct. App. 2013).
· cites it 2× “Indiana Code Section 35-38-2.6-3 authorizes trial courts to "suspend a sentence and order a person to be placed in a community corrections program as an alternative to commitment to the department of correction.”
Breaston v. State, 893 N.E.2d 6 (Ind. Ct. App. 2008).
· cites it 2× “2001) (quoting Indiana Code § 35-38-2.6-3(a)). When placement is completed, the defendant must be returned to probation.”
— Ind. Code § 35-38-2.6-3(a) — 12 cases
McQueen v. State, 862 N.E.2d 1237 (Ind. Ct. App. 2007).
“Indiana Code § 35-38-2.6-3(a) provides, "The court may, at the time of sentencing, suspend the sentence and order a person to be placed in a community corrections program as an alternative to commitment to the department of correction.”
Toomey v. State, 887 N.E.2d 122 (Ind. Ct. App. 2008).
“” Ind.Code § 35-38-2.6-3. See also Ind.Code § 35-38-2.”
Campbell v. State, 714 N.E.2d 678 (Ind. Ct. App. 1999).
“CODE § 35-38-2.6-3. [3] *681 The trial court further ordered that Campbell be placed on probation for a period of two years upon his release from incarceration.”
Breaston v. State, 893 N.E.2d 6 (Ind. Ct. App. 2008).
“2001) (quoting Indiana Code § 35-38-2.6-3(a)). When placement is completed, the defendant must be returned to probation.”
— Ind. Code § 35-38-2.6-3(b) — 1 case
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