Indiana Code 31-30-4-5. Offender progress report; court options
(1) the department shall notify the sentencing court; and
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Level 1 felony | between 20 and 40 years | up to $10,000 |
| Level 2 felony | between 10 and 30 years | up to $10,000 |
Terms Used In Indiana Code 31-30-4-5
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(b) Except as provided in subsection (c), after a hearing conducted under subsection (a), the sentencing court may:
(1) continue the offender’s placement in a juvenile facility until the objectives of the sentence imposed on the offender have been met, if the sentencing court finds that the objectives of the sentence imposed on the offender have not been met;
(2) discharge the offender if the sentencing court finds that the objectives of the sentence imposed on the offender have been met;
(3) order execution of all or part of the offender’s suspended criminal sentence in an adult facility of the department of correction; or
(4) place the offender:
(A) in home detention under IC 35-38-2.5;
(B) in a community corrections program under IC 35-38-2.6;
(C) on probation under IC 35-50-7; or
(D) in any other appropriate alternative sentencing program.
(c) This subsection applies to an offender over whom a juvenile court lacks jurisdiction under IC 31-30-1-4 who is convicted of one (1) or more of the following offenses:
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Kidnapping (IC 35-42-3-2).
(4) Rape as a Class A felony (for a crime committed before July 1, 2014) or a Level 1 felony (for a crime committed after June 30, 2014) (IC 35-42-4-1(b)).
(5) Criminal deviate conduct as a Class A felony (IC 35-42-4-2(b)) (before its repeal).
(6) Robbery as a Class A felony (for a crime committed before July 1, 2014) or a Level 2 felony (for a crime committed after June 30, 2014) (IC 35-42-5-1), if:
(A) the offense was committed while armed with a deadly weapon; and
(B) the offense resulted in bodily injury to any person other than a defendant.
The court may not modify the original sentence of an offender to whom this subsection applies if the prosecuting attorney objects in writing to the modification. The prosecuting attorney shall set forth in writing the prosecuting attorney’s reasons for objecting to the sentence modification.
As added by P.L.104-2013, SEC.1. Amended by P.L.168-2014, SEC.42.