§ 35-38-3-3 — No commitment of misdemeanants to the department of correction; exceptions; sheriff's per diem for offenders not committed to the department; deposit in county general fund; use of revenue

(a) Except as provided by subsection (b), a
person convicted of a misdemeanor may not be committed to the
department of correction.
(b) Upon a request from the sheriff, the commissioner may agree to
accept custody of a misdemeanant:
(1) if placement in the county jail:
(A) places the inmate in danger of serious bodily injury or
death; or
(B) represents a substantial threat to the safety of others;
(2) for other good cause shown; or
(3) if a person has more than five hundred forty-seven (547) days
remaining before the person's earliest release date as a result of:
(A) consecutive misdemeanor sentences; or
(B) a sentencing enhancement applied to a misdemeanor
sentence.
(c) This subsection applies only to a person convicted of a Level 6
felony for an offense committed after June 30, 2022. A court may
commit a person convicted of a Level 6 felony for an offense
committed after June 30, 2022, to the department of correction.
(d) This subsection applies only to a person convicted of a Level 6
felony for an offense committed before July 1, 2022. A court may not
commit a person convicted of a Level 6 felony for an offense
committed before July 1, 2022, to the department of correction unless:
(1) the commitment is due to the revocation of the person's
sentence for violating probation, parole, or community corrections
and the revocation of the person's sentence is due to a new
criminal offense;
(2) the person is convicted of a Level 6 felony that was committed
in a penal facility; or
(3) the person:
(A) is convicted of a Level 6 felony and the sentence for that
felony is ordered to be served consecutively to the sentence for
another felony;
(B) is convicted of a Level 6 felony that is enhanced by an
additional fixed term under IC 35-50-2-8 through IC 35-50-2-16;
(C) has received an enhanced sentence under IC 9-30-15.5-2;
(D) is a violent offender as defined in IC 35-31.5-2-352(1); or
(E) has two (2) prior unrelated felony convictions;
and the person's earliest possible release date is more than three
hundred sixty-five (365) days after the date of sentencing; or
(4) the commitment is due to an agreement made between the
sheriff and the department of correction under IC 11-12-6.5.
A person who may not be committed to the department of correction
may be placed on probation, committed to the county jail, or placed in
community corrections for assignment to an appropriate community
corrections program.
(e) Subject to appropriation from the general assembly, a sheriff is
entitled to a per diem and medical expense reimbursement from the
department of correction for the cost of incarcerating a person
described in subsections (c) and (d) in a county jail. The sheriff is
entitled to a per diem and medical expense reimbursement only for the
time that the person described in subsections (c) and (d) is incarcerated
in the county jail.
(f) Per diem and medical expense reimbursements received by a
county under this section or received by a county from the state under
any other law for the purpose of reimbursing sheriffs for the cost of
incarcerating in county jails persons convicted of felonies:
(1) shall be deposited in the county general fund; and
(2) upon appropriation by the county fiscal body, shall be used by
the county sheriff only for the purposes of paying the costs of
incarcerating in the county jail persons described in subsections
(c) and (d) or other persons convicted of felonies.
(g) The county auditor shall semiannually provide to the county
fiscal body and the county sheriff an itemized record of the per diem
and medical expense reimbursements received by the county under this
section or under any other law for the purpose of reimbursing sheriffs
for the cost of incarcerating persons convicted of felonies.

Legislative History

As added by P.L.311-1983, SEC.3. Amended by P.L.242-1999, SEC.10; P.L.168-2014, SEC.62; P.L.179-2015, SEC.17; P.L.26-2016, SEC.2; P.L.7-2017, SEC.1; P.L.184-2018, SEC.12; P.L.239-2019, SEC.13; P.L.191-2019, SEC.1; P.L.211-2019, SEC.44; P.L.240-2019, SEC.5; P.L.156-2020, SEC.129; P.L.45-2022, SEC.9.