§ 35-50-3-1 — Suspension; probation

Indiana § 35-50-3-1

• Jurisdiction: Indiana
• Art. 50: SENTENCES
• Ch. 3: Sentences for Misdemeanors

Text

(a) The court may suspend any part of a
sentence for a misdemeanor.
(b) Except as provided in subsection (c), whenever the court
suspends in whole or in part a sentence for a Class A, Class B, or Class
C misdemeanor, it may place the person on probation under IC 35-38-2
for a fixed period of not more than one (1) year, notwithstanding the
maximum term of imprisonment for the misdemeanor set forth in
sections 2 through 4 of this chapter. However, the combined term of
imprisonment and probation for a misdemeanor may not exceed one (1)
year.
(c) Whenever the court suspends a sentence for a misdemeanor, if
the court finds that the use or abuse of alcohol, drugs, or harmful
substances is a contributing factor or a material element of the offense,
the court may place the person on probation under IC 35-38-2 for a
fixed period of not more than two (2) years. However, a court may not
place a person on probation for a period of more than twelve (12)
months in the absence of a report that substantiates the need for a
period of probation that is longer than twelve (12) months for the
purpose of completing a course of substance abuse treatment. A
probation user's fee that exceeds fifty percent (50%) of the maximum
probation user's fee allowed under IC 35-38-2-1 may not be required
beyond the first twelve (12) months of probation.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts
1977, P.L.340, SEC.123; P.L.5-1988, SEC.210; P.L.135-1993, SEC.9;
P.L.90-2001, SEC.1; P.L.1-2002, SEC.152.