§ 31-30-4-5 — Offender progress report; court options

Indiana § 31-30-4-5

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

Text

(a) At the request of a sentencing court, the
department of correction shall provide a progress report to the
sentencing court concerning an offender sentenced and placed in a
juvenile facility under section 2(b) of this chapter. When the offender
becomes eighteen (18) years of age:
(1) the department shall notify the sentencing court; and
(2) the sentencing court shall hold a review hearing concerning
the offender before the offender becomes nineteen (19) years of
age.
(b) Except as provided in subsection (c), after a hearing conducted
under subsection (a), the sentencing court may:
(1) continue the offender's placement in a juvenile facility until
the objectives of the sentence imposed on the offender have been
met, if the sentencing court finds that the objectives of the
sentence imposed on the offender have not been met;
(2) discharge the offender if the sentencing court finds that the
objectives of the sentence imposed on the offender have been
met;
(3) order execution of all or part of the offender's suspended
criminal sentence in an adult facility of the department of
correction; or
(4) place the offender:
(A) in home detention under IC 35-38-2.5;
(B) in a community corrections program under IC 35-38-2.6;
(C) on probation under IC 35-50-7; or
(D) in any other appropriate alternative sentencing program.
(c) This subsection applies to an offender over whom a juvenile
court lacks jurisdiction under IC 31-30-1-4 who is convicted of one (1)
or more of the following offenses:
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Kidnapping (IC 35-42-3-2).
(4) Rape as a Class A felony (for a crime committed before July
1, 2014) or a Level 1 felony (for a crime committed after June 30,
2014) (IC 35-42-4-1(b)).
(5) Criminal deviate conduct as a Class A felony (IC 35-42-4-2(b)) (before its repeal).
(6) Robbery as a Class A felony (for a crime committed before
July 1, 2014) or a Level 2 felony (for a crime committed after
June 30, 2014) (IC 35-42-5-1), if:
(A) the offense was committed while armed with a deadly
weapon; and
(B) the offense resulted in bodily injury to any person other
than a defendant.
The court may not modify the original sentence of an offender to whom
this subsection applies if the prosecuting attorney objects in writing to
the modification. The prosecuting attorney shall set forth in writing the
prosecuting attorney's reasons for objecting to the sentence
modification.

Legislative History

As added by P.L.104-2013, SEC.1. Amended by P.L.168-2014, SEC.42.