§ 35-38-1-24 — Community transition program; Level 5 or Level 6 felony

Indiana § 35-38-1-24

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

Text

(a) This section applies to a person if the
most serious offense for which the person is committed is a Class C or
Class D felony (for a crime committed before July 1, 2014) or a Level
5 or Level 6 felony (for a crime committed after June 30, 2014).
(b) Not later than forty-five (45) days after receiving a notice under
IC 11-10-11.5-2, the sentencing court may order the department of
correction to retain control over a person until the person completes the
person's fixed term of imprisonment, less the credit time the person has
earned with respect to the term, if the court makes specific findings that
support a determination:
(1) that placement of the person in a community transition
program:
(A) places the person in danger of serious bodily injury or
death; or
(B) represents a substantial threat to the safety of others; or
(2) of other good cause.
If the court issues an order under this section, the department of
correction may not assign a person to a community transition program.
(c) The court may make a determination under this section without
a hearing. The court shall consider any written statement presented to
the court by a victim of the offender's crime or by an offender under IC 11-10-11.5-4.5. The court in its discretion may consider statements
submitted by a victim after the time allowed for the submission of
statements under IC 11-10-11.5-4.5.
(d) The court shall make written findings for a determination under
this section, whether or not a hearing was held.
(e) Not later than five (5) days after making a determination under
this section, the court shall send a copy of the order to the:
(1) prosecuting attorney where the person's case originated; and
(2) department of correction.

Legislative History

As added by P.L.273-1999, SEC.210. Amended by P.L.90-2000, SEC.17; P.L.158-2013, SEC.397.