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
Effective: July 1, 2013.
January 10, 2013, read first time and referred to Committee on Corrections & Criminal
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
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
(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.