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

Indiana Statutes

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

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

(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 sent

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(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.

Indiana § 31-30-4-2 (Offenders less than 18 years of age; sentencing options) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.