Introduced Version






SENATE BILL No. 443

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-38-1-17.

Synopsis: Sentence modification. Permits a court, without the consent of the prosecuting attorney, to modify the sentence of a convicted person more than one year after the person began serving the person's sentence if: (1) the convicted person is eligible for placement in a community corrections program; or (2) the convicted person would be eligible for placement in a community corrections program if the person were being sentenced at the time the court makes its sentence modification ruling.

Effective: July 1, 2013.





Stoops




    January 10, 2013, read first time and referred to Committee on Corrections & Criminal Law.







Introduced

First Regular Session 118th General Assembly (2013)


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SENATE BILL No. 443



    A BILL FOR AN ACT to amend the Indiana Code concerning courts and court officers.

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

SOURCE: IC 35-38-1-17; ()IN0443.1.1. -->     SECTION 1. IC 35-38-1-17, AS AMENDED BY P.L.114-2012, SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 17. (a) 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) The following apply if more than three hundred sixty-five (365) days have elapsed since the convicted person began serving the person's sentence and after a hearing has been held at which the convicted person is was present:
         (1) The court may reduce or suspend the person's sentence,

subject to the approval of the prosecuting attorney.
         (2) However, If: in a sentencing hearing for a convicted person conducted after June 30, 2001, the court could have placed
             (A) the convicted person is eligible for placement in a community corrections program as an alternative to commitment to the department of correction; or
            (B) the convicted person would be eligible for placement in a community corrections program if the convicted person were being sentenced at the time the court makes its ruling under this subdivision;

        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) The court must give notice of the order to reduce or suspend the sentence under this section to the victim (as defined in IC 35-31.5-2-348) of the crime for which the convicted person is serving the sentence.
    (d) The court may suspend a sentence for a felony under this section only if suspension is permitted under IC 35-50-2-2.
    (e) The court may deny a request to suspend or reduce a sentence under this section without making written findings and conclusions.
    (f) Notwithstanding subsections (a) and (b), 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.