Mathias, J.
Chad A. Madden (“Madden”) appeals the order of the Jefferson Superior Court denying his motion to correct error which claimed that the trial court had improperly delegated to the Community Corrections program the authority to decide whether Madden should be subject to electronic monitoring.
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Another provision of the plea agreement stipulated that upon his successful completion of the TCP [Therapeutic Community Program], Madden could petition the trial court for a sentence modification. On December 18, 2013, Madden filed a petition to modify his sentence based on his completion of the TCP program. The trial court held a hearing on Madden’s sentence modification petition on February 19, 2014, and issued an order that same day granting the petition. In its sentence modification order, the trial court found that the sentences under Cause No. 487 and Cause No. 305 had been fully served. In its sentence modification order, the trial court found that the sentences under Cause No. 487 and Cause No. 305 had been fully served. The court then suspended the remaining sentence under Cause No. 721 to supervised probation. The trial court also ordered Madden:
to report to the Jefferson County Community Corrections Department as a specific term of probation with determination of appropriate program to be made by the Community Corrections Department, and shall include all other terms of probation as outlined in the Terms of Supervised Probation With Community Corrections Placement prepared by the Court, read to the defendant at this hearing, and filed in this matter.
Appellant’s App. p. 98. In relevant part, the Terms of Probation instructed Madden to:
comply with all rules for Community Corrections placement, including but not limited to “component rules”, and with any program recommended or required by Community Corrections, including electronic monitoring, day reporting, counseling, and educational programs[.] [I]n the event that [C]ommunity Corrections recommends or requires electronic monitoring, the following conditions and terms apply:
. . . . be confined to home at all times except when the defendant is
a. working at employment approved by the Court or traveling to or from said employment,
b. unemployed and seeking employment approved by the Court,
c. undergoing counseling, medical, mental health, psychiatric treatment, or other treatment approved by the Court,
d. attending an educational institution or facility or other program approved by the Court,
e. attending a regularly scheduled religious service at a bona fide place of worship,
f. participating in a community work release or community service program approved by the Court, or
g. engaged in another activity approved in advance by the Court or Community Corrections[.]
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Although trial courts are indeed required by statute to set forth the terms of probation, they also have authority to allow Community Corrections programs to supervise various aspects of probation. For example, a trial court may order a probationer to home detention supervised by a Community Corrections program. Ind. Code § 35-38-2.5-5(c). A trial court may also order a probationer subject to such home detention to abide by a schedule prepared by the Community Corrections program. Ind. Code § 35-38-2.5-6(3). More importantly, when supervising a probationer on home detention, Community Corrections programs are specifically required by statute to “set the monitoring device [footnote omitted] and surveillance equipment to minimize the possibility that the offender or alleged offender can enter another residence or structure without a violation.” Ind. Code § 35-38-2.5-10(d).
Here, the trial court ordered, as a condition of probation, that Madden be subject to home detention as supervised by the Community Corrections program, which is authorized by the home detention statutes. Also, the Community Corrections program is required by statute to place such a probationer on electronic monitoring. Given this statutory authority, we cannot say that the portion of the trial court’s order requiring Madden to comply with all rules established by the Community Corrections program, including electronic monitoring, improperly delegates the trial court’s sentencing authority to the Community Corrections program.
Crone, J., concurs.
Riley, J., dissents with opinion:
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.
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Here, the Terms of Probation failed to conclusively apprise Madden of his obligations because the condition of home detention was tentative, pending an assessment by Community Corrections. The Terms of Probation specified the rules that would govern Madden’s confinement in the event that Community Corrections elected to require electronic monitoring, and Madden agreed to comply with these rules when read aloud by the trial court. See I.C. §§ 35-38- 2.5-6; -7(a). Thus, there is no dispute that Madden had notice of the restrictions to which he might be subjected. However, absent an order from the trial court definitively making home detention/electronic monitoring a condition of his probation, these parameters are inconsequential. Accordingly, I would find that the trial court abused its discretion by authorizing Community Corrections to officially decide whether to impose the condition of home detention.