Introduced Version






HOUSE BILL No. 1155

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-38-1-17.

Synopsis: Reduction or suspension of sentences. Provides that if a person is convicted after June 30, 2011, at the time the person is sentenced, the court that sentences the person may set a date after which the court may conduct at least one hearing: (1) to consider modifying the person's sentence; (2) that is held after the date the convicted person begins serving the person's sentence; (3) at which the convicted person is present; and (4) of which the prosecuting attorney has been notified. Allows the court to reduce or suspend the person's sentence after the hearing. (Current law allows a court to reduce or suspend a convicted person's sentence after a hearing is held: (1) if not more than 365 days have passed since the person began serving the person's sentence; or (2) if more than 365 days have passed since the person began serving the person's sentence, only with the approval of the prosecuting attorney or if the person is placed in a community corrections program.)

Effective: July 1, 2011.





Thompson




    January 10, 2011, read first time and referred to Committee on Courts and Criminal Code.







Introduced

First Regular Session 117th General Assembly (2011)


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HOUSE BILL No. 1155



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-38-1-17; (11)IN1155.1.1. -->     SECTION 1. IC 35-38-1-17, AS AMENDED BY P.L.1-2010, SECTION 141, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 17. (a) Except as provided in subsection (c), within three hundred sixty-five (365) days after:
        (1) a convicted person begins serving the person's sentence;
        (2) a hearing is held:
            (A) at which the convicted person is present; and
            (B) of which the prosecuting attorney has been notified; and
        (3) the court obtains a report from the department of correction concerning the convicted person's conduct while imprisoned;
the court may reduce or suspend the sentence. The court must incorporate its reasons in the record.
    (b) Except as provided in subsection (c), if more than three hundred sixty-five (365) days have elapsed since the convicted person began serving the sentence and after a hearing at which the convicted person is present, the court may reduce or suspend the sentence, subject to the approval of the prosecuting attorney. However, if in a

sentencing hearing for a convicted person conducted after June 30, 2001, the court could have placed the convicted person in a community corrections program as an alternative to commitment to the department of correction, the court may modify the convicted person's sentence under this section without the approval of the prosecuting attorney to place the convicted person in a community corrections program under IC 35-38-2.6.
     (c) If a person is convicted after June 30, 2011, at the time the convicted person is sentenced, the court that sentences the person may set a date after which the court may conduct at least one (1) hearing:
        (1) to consider modifying the person's sentence;
        (2) that is held after the date:
            (A) the convicted person begins serving the person's sentence; and
            (B) the court obtains a report from the department of correction concerning the convicted person's conduct while imprisoned;
        (3) at which the convicted person is present; and
        (4) of which the prosecuting attorney has been notified.
After the hearing, the court may reduce or suspend the convicted person's sentence. The court must incorporate its reasons in the record.

    (c) (d) The court must give notice of the order to reduce or suspend the sentence under this section to the victim (as defined in IC 35-35-3-1) of the crime for which the convicted person is serving the sentence.
    (d) (e) The court may suspend a sentence for a felony under this section only if suspension is permitted under IC 35-50-2-2.
    (e) (f) The court may deny a request to suspend or reduce a sentence under this section without making written findings and conclusions.
    (f) (g) Notwithstanding subsections (a), and (b), and (c), the court is not required to conduct a hearing before reducing or suspending a sentence if:
        (1) the prosecuting attorney has filed with the court an agreement of the reduction or suspension of the sentence; and
        (2) the convicted person has filed with the court a waiver of the right to be present when the order to reduce or suspend the sentence is considered.