Wondering if you or a loved one are eligible for home detention? Read on to learn more about probation and a suspendible sentence.

Introduction

If you are reading this, it is because you or someone you know has been sentenced to home detention or probation. This article will help you understand the basics of what you can expect during your time on probation or home detention.

A sentence for a criminal offense can be either executed or suspended. A suspendible sentence generally involves serving some or part of it on probation; otherwise, the person may travel within the state. The crimes eligible to be suspended at sentencing are often considered suspendible offenses. 

The term non-suspendible refers to a crime that cannot be suspended at sentencing, and the person must serve an executed sentence if they have been found guilty of one.

There are four different placements for serving an executed sentence or a sentence in which the person is confined and not free to leave without permission. Home detention is the least restrictive placement for an executed sentence, commonly known as house arrest. 



Anyone charged with any suspendible felony or a misdemeanor is eligible to be sentenced to home detention as a condition of probation. Let us explain the difference between probation and home detention.

Home Detention vs. Probation

First and foremost, it is crucial to understand the difference between home detention and probation. Probation is a term that can be used for several offenses, while home detention is typically reserved for more serious crimes.

Probation usually refers to a sentence that allows the offender to serve their time outside of prison under the supervision of a probation officer. Alternatively, home detention requires the offender to serve their sentence in their own home, usually with a GPS ankle monitor that tracks their movements.

Both probation and home detention offer several benefits over traditional incarceration. The offenders can continue working or attending school while serving their sentence. Additionally, probation and home detention allow for more flexibility in terms of scheduling appointments and meeting with the probation officer.

Above all else, it is crucial to remember that the individual is still subject to the terms and conditions of their sentence. The violation of any of those terms can result in additional penalties, including jail or prison time.

Russell v. State & the Legal Basis of Home Detention

If you are facing a suspendible sentence, one of the decisions you will need to make is whether to opt for home detention or probation. In Sara Russell v. State of Indiana, the Indiana Supreme Court provided some clarity on the subject.

The court ruled that home detention is an alternative to probation and is only available if the person is eligible for probation. The court also ruled that home detention cannot be imposed instead of probation but must be imposed in addition to probation.

Eligibility & Requirements for Home Detention

Before a suspended sentence can be granted, the individual must meet certain eligibility requirements and fulfill certain obligations. These depend on the nature of the charge and the court's sentence. Under IC 35-38-2.6-1, certain felonies are also specifically excluded from direct placement into community corrections. The specific crimes listed in this regard are:

1. Sex crimes under IC 35-42-4 or IC 35-46-1-3
2. Murder
3. Battery with a deadly weapon or battery resulting in serious bodily injury
4. Kidnapping
5. Criminal confinement with a deadly weapon
6. Robbery with a deadly weapon or robbery resulting in serious bodily injury
7. Arson for hire resulting in serious bodily injury
8. Burglary resulting in serious bodily injury
9. Resisting law enforcement with a deadly weapon
10. Escape with a deadly weapon
11. Rioting with a deadly weapon
12. Aggravated battery
13. Disarming a law enforcement officer
14. Operating a motor vehicle while intoxicated, causing serious bodily injury or death.

If the crime under consideration is not any of the above-mentioned felonies, the probation officer may consider allowing home detention instead of jail time or even probation. The individual must demonstrate that living at home is not a risk to the community. Also, that they plan on adhering to the conditions placed by the court. 

For instance, if they are charged with DUI, one of the requirements may include no drinking during the suspension period. They might additionally be required to abstain from drugs and alcohol, depending on the case.