Chad A. Madden v. State of Indiana

I disagree with the majority that the trial court did not improperly delegate its authority to Community Corrections to determine whether, and for what duration, Madden should be subject to electronic monitoring — i. e., home detention — as a condition of his probation. Therefore, I respectfully dissent.

Indiana’s probation statute unambiguously states that “[w]henever it places a person on probation, the court shall ... specify in the record the conditions of the probation.” Ind.Code § 35-38-2-l(a)(l) (emphasis added). Specifically, “the court may require a person to do [any] combination” of…