§ 35-38-1-17 — Sentence modification; conditions; not permitted for certain offenders

Indiana § 35-38-1-17

• Jurisdiction: Indiana
• Art. 38: PROCEEDINGS FOLLOWING DISMISSAL,
• Ch. 1: Entry of Judgment and Sentencing

Text

(a) Notwithstanding IC 1-1-5.5-21, this
section applies to a person who:
(1) commits an offense; or
(2) is sentenced;
before July 1, 2014.
(b) This section does not apply to a credit restricted felon.
(c) Except as provided in subsections (k) and (m), this section does
not apply to a violent criminal.
(d) As used in this section, "violent criminal" means a person
convicted of any of the following offenses:
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Kidnapping (IC 35-42-3-2).
(8) Rape (IC 35-42-4-1).
(9) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
(10) Child molesting (IC 35-42-4-3).
(11) Sexual misconduct with a minor as a Class A felony under IC 35-42-4-9(a)(2) or a Class B felony under IC 35-42-4-9(b)(2) (for
a crime committed before July 1, 2014) or sexual misconduct with
a minor as a Level 1 felony under IC 35-42-4-9(a)(2) or a Level
2 felony under IC 35-42-4-9(b)(2) (for a crime committed after
June 30, 2014).
(12) Robbery as a Class A felony or a Class B felony (IC 35-42-5-1) (for a crime committed before July 1, 2014) or robbery
as a Level 2 felony or a Level 3 felony (IC 35-42-5-1) (for a crime
committed after June 30, 2014).
(13) Burglary as Class A felony or a Class B felony (IC 35-43-2-1) (for a crime committed before July 1, 2014) or
burglary as a Level 1 felony, Level 2 felony, Level 3 felony, or
Level 4 felony (IC 35-43-2-1) (for a crime committed after June
30, 2014).
(14) Unlawful possession of a firearm by a serious violent felon
(IC 35-47-4-5).
(e) At any time after:
(1) a convicted person begins serving the person's sentence; and
(2) the court obtains a report from the department of correction
concerning the convicted person's conduct while imprisoned;
the court may reduce or suspend the sentence and impose a sentence
that the court was authorized to impose at the time of sentencing.
However, if the convicted person was sentenced under the terms of a
plea agreement, the court may not, without the consent of the
prosecuting attorney, reduce or suspend the sentence and impose a
sentence not authorized by the plea agreement. The court must
incorporate its reasons in the record.
(f) If the court sets a hearing on a petition under this section, the
court must give notice to the prosecuting attorney and the prosecuting
attorney must give notice to the victim (as defined in IC 35-31.5-2-348)
of the crime for which the convicted person is serving the sentence.
(g) The court may suspend a sentence for a felony under this section
only if suspension is permitted under IC 35-50-2-2.2, or, if applicable,
IC 35-50-2-2 (repealed).
(h) The court may deny a request to suspend or reduce a sentence
under this section without making written findings and conclusions.
(i) The court is not required to conduct a hearing before reducing or
suspending a sentence under this section if:
(1) the prosecuting attorney has filed with the court an agreement
of the reduction or suspension of the sentence; and
(2) the convicted person has filed with the court a waiver of the
right to be present when the order to reduce or suspend the
sentence is considered.
(j) This subsection applies only to a convicted person who is not a
violent criminal. A convicted person who is not a violent criminal may
file a petition for sentence modification under this section:
(1) not more than one (1) time in any three hundred sixty-five
(365) day period; and
(2) a maximum of two (2) times during any consecutive period of
incarceration;
without the consent of the prosecuting attorney.
(k) This subsection applies to a convicted person who is a violent
criminal. Except as provided in subsection (n), a convicted person who
is a violent criminal may, not later than three hundred sixty-five (365)
days from the date of sentencing, file one (1) petition for sentence
modification under this section without the consent of the prosecuting
attorney. After the elapse of the three hundred sixty-five (365) day
period, a violent criminal may not file a petition for sentence
modification without the consent of the prosecuting attorney.
(l) A person may not waive the right to sentence modification under
this section as part of a plea agreement. Any purported waiver of the
right to sentence modification under this section in a plea agreement is
invalid and unenforceable as against public policy. This subsection
does not prohibit the finding of a waiver of the right to:
(1) have a court modify a sentence and impose a sentence not
authorized by the plea agreement, as described under subsection
(e); or
(2) sentence modification for any other reason, including failure
to comply with the provisions of this section.
(m) Notwithstanding subsection (k), a person who commits an
offense after June 30, 2014, and before May 15, 2015, may file one (1)
petition for sentence modification without the consent of the
prosecuting attorney, even if the person has previously filed a petition
for sentence modification.
(n) A person sentenced in a criminal court having jurisdiction over
an offense committed when the person was less than eighteen (18)
years of age may file an additional petition for sentence modification
under this section without the consent of the prosecuting attorney if the
person has served at least:
(1) fifteen (15) years of the person's sentence, if the person is not
serving a sentence for murder; or
(2) twenty (20) years of the person's sentence, if the person is
serving a sentence for murder.
The time periods described in this subsection are computed on the
basis of time actually served and do not include any reduction applied
for good time credit or educational credit time.

Legislative History

As added by P.L.311-1983, SEC.3. Amended by P.L.317-1985, SEC.1; P.L.204-1986, SEC.1; P.L.240-1991(ss2), SEC.92; P.L.291-2001, SEC.224; P.L.2-2005, SEC.123; P.L.1-2010, SEC.141; P.L.114-2012, SEC.78; P.L.158-2013, SEC.396; P.L.168-2014, SEC.58; P.L.164-2015, SEC.2; P.L.13-2016, SEC.12; P.L.45-2018, SEC.2; P.L.115-2023, SEC.11; P.L.148-2024, SEC.22.