§ 35-38-1-25 — Community transition program; murder and Level 1 through Level 4 felony

Indiana § 35-38-1-25

• 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 murder, a
Class A felony, or a Class B felony (for a crime committed before July
1, 2014), or a Level 1, Level 2, Level 3, or Level 4 felony (for a crime
committed after June 30, 2014).
(b) A sentencing court may sentence a person or modify the
sentence of a person to assign the person to a community transition
program for any period that begins after the person's community
transition program commencement date (as defined in IC 11-8-1-5.6)
and ends when 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 of fact that support a
determination that it is in the best interests of justice to make the
assignment. The order may include any other condition that the court
could impose if the court had placed the person on probation under IC 35-38-2 or in a community corrections program under IC 35-38-2.6.
(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.211. Amended by P.L.90-2000, SEC.18; P.L.85-2004, SEC.39; P.L.158-2013, SEC.398.