§ 31-30-4-2 — Offenders less than 18 years of age; sentencing options

Indiana § 31-30-4-2

• Jurisdiction: Indiana
• Art. 30: JUVENILE LAW: JUVENILE COURT
• Ch. 4: Sentencing Alternatives for Certain Offenders Under

Text

(a) Subject to subsection (c), if:
(1) an offender is:
(A) less than eighteen (18) years of age;
(B) waived to a court with criminal jurisdiction under IC 31-30-3 because the offender committed an act that would be
a felony if committed by an adult; and
(C) convicted of committing the felony or enters a plea of guilty
to committing the felony; or
(2) an offender is:
(A) less than eighteen (18) years of age;
(B) charged with a felony over which a juvenile court does not
have jurisdiction under IC 31-30-1-4; and
(C) convicted of committing the felony by a court with criminal
jurisdiction or enters a plea of guilty to committing the felony
with the court;
the court may, upon its own motion, a motion of the prosecuting
attorney, or a motion of the offender's legal representative, impose a
sentence upon the conviction of the offender under this chapter.
(b) If a court elects to impose a sentence upon conviction of an
offender under subsection (a) and, before the offender is sentenced, the
department of correction determines that there is space available for the
offender in a juvenile facility of the division of youth services of the
department, the sentencing court may:
(1) impose an appropriate criminal sentence on the offender under
IC 35-50-2;
(2) suspend the criminal sentence imposed, notwithstanding IC 35-50-2-2 (before its repeal), IC 35-50-2-2.1 (before its repeal),
and IC 35-50-2-2.2;
(3) order the offender to be placed into the custody of the
department of correction to be placed in the juvenile facility of the
division of youth services; and
(4) provide that the successful completion of the placement of the
offender in the juvenile facility is a condition of the suspended
criminal sentence.
(c) The court may not impose a sentence on an offender under
subsection (a) until:
(1) the prosecuting attorney has notified the victim of the felony
of the possible imposition of a sentence on the offender under this
chapter; and
(2) either:
(A) the probation department of the court has conducted a
presentence investigation concerning the offender and reported
its findings to the court; or
(B) the department of correction has conducted a diagnostic
evaluation of the offender and reported its findings to the court.

Legislative History

As added by P.L.104-2013, SEC.1. Amended by P.L.168-2014, SEC.41; P.L.72-2023, SEC.2.