Indiana § 35-38-3-5 Determination of degree of security assigned to convicted person;
change of degree

Indiana Statutes

§ 35-38-3-5 — Determination of degree of security assigned to convicted person; change of degree

Indiana § 35-38-3-5

Art. 38PROCEEDINGS FOLLOWING DISMISSAL,

Ch. 3Commitment to the Department of Correction and

This text of Indiana § 35-38-3-5 (Determination of degree of security assigned to convicted person; change of degree) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-38-3-5 (2026).

Text

(a)The department, after diagnosis and classification, shall:

(1)determine the degree of security (maximum, medium, or minimum) to which a convicted person will be assigned;

(2)for each offender convicted of a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) whose sentence for the Class D felony or Level 6 felony is nonsuspendible at the time of the offense under:

(A)IC 35-50-2-2.1(a)(1)(B);

(B)IC 35-50-2-2.1(a)(1)(C); or

(C)IC 35-50-2-2.1(a)(2); (before the repeal of IC 35-50-2-2.1) determine whether the offender is an appropriate candidate for home detention under IC 35-38-2.5;

(3)for each offender:

(A)committed to the department because the offender has been convicted for the first time of a Class C or Cla

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(a) The department, after diagnosis and
classification, shall:
(1) determine the degree of security (maximum, medium, or
minimum) to which a convicted person will be assigned;
(2) for each offender convicted of a Class D felony (for a crime
committed before July 1, 2014) or a Level 6 felony (for a crime
committed after June 30, 2014) whose sentence for the Class D
felony or Level 6 felony is nonsuspendible at the time of the
offense under:
(A) IC 35-50-2-2.1(a)(1)(B);
(B) IC 35-50-2-2.1(a)(1)(C); or
(C) IC 35-50-2-2.1(a)(2);
(before the repeal of IC 35-50-2-2.1) determine whether the
offender is an appropriate candidate for home detention under IC 35-38-2.5;
(3) for each offender:
(A) committed to the department because the offender has been
convicted for the first time of 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); and
(B) whose sentence may be suspended;
determine whether the offender is an appropriate candidate for
home detention under IC 35-38-2.5;
(4) notify the trial court and prosecuting attorney if the degree of
security assigned differs from the court's recommendations; and
(5) petition the sentencing court under IC 35-38-1-21 for review
of the sentence of an offender who is not a habitual offender
sentenced under IC 35-50-2-8 or IC 35-50-2-10 (repealed), and
who the department has determined under subdivision (2) to be
an appropriate candidate for home detention.
(b) The department may change the degree of security to which the
person is assigned. However, if the person is changed to a lesser degree
of security during the first two (2) years of the commitment, the
department shall notify the trial court and the prosecuting attorney not
less than thirty (30) days before the effective date of the changed
security assignment.

Legislative History

As added by P.L.311-1983, SEC.3. Amended by P.L.182-1988, SEC.1; P.L.98-1988, SEC.7; P.L.164-1993, SEC.9; P.L.158-2013, SEC.402; P.L.10-2019, SEC.132; P.L.72-2023, SEC.11.