Sec. 25. (a) This section applies to a person if the most serious offense for which the person is committed is murder, a Class A felony, or a Class B felony (for a crime committed before July 1, 2014), or a Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014).
(b) A sentencing court may sentence a person or modify the sentence of a person to assign the person to a community transition program for any period that begins after the person's community transition program commencement date (as defined in IC 11-8-1-5.6) and ends when the person completes the person's fixed term of imprisonment, less the credit time the person has earned with respect to the term, if the court makes specific findings of fact that support a determination that it is in the best interests of justice to make the assignment. The order may include any other condition that the court could impose if the court had placed the person on probation under IC 35-38-2 or in a community corrections program under IC 35-38-2.6.
(c) The court may make a determination under this section without a hearing. The court shall consider any written statement presented to the court by a victim of the offender's crime or by an offender under IC 11-10-11.5-4.5. The court in its discretion may consider statements submitted by a victim after the time allowed for the submission of statements under IC 11-10-11.5-4.5.
(d) The court shall make written findings for a determination under this section, whether or not a hearing was held.
(e) Not later than five (5) days after making a determination under this section, the court shall send a copy of the order to the:
(1) prosecuting attorney where the person's case originated; and
(2) department of correction.
As added by P.L.273-1999, SEC.211. Amended by P.L.90-2000, SEC.18; P.L.85-2004, SEC.39; P.L.158-2013, SEC.398.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 38. Proceedings Following Dismissal, Verdict, or Finding
Chapter 1. Entry of Judgment and Sentencing
35-38-1-0.1. Application of Certain Amendments to Chapter
35-38-1-1. Judgment of Conviction; Pronouncement of Sentence
35-38-1-1.5. Converting Level 6 Felony to Class a Misdemeanor
35-38-1-2.5. Crime of Deception
35-38-1-3. Presentence Hearing
35-38-1-7.1. Considerations in Imposing Sentence
35-38-1-7.5. Sexually Violent Predators
35-38-1-7.7. Crime of Domestic Violence; Sentence Procedures
35-38-1-7.8. Credit Restricted Felons
35-38-1-8.5. Presentence Investigation; Notice to Victim; Victim Impact Statement; Contents
35-38-1-10. Presentence Investigation; Physical or Mental Examination
35-38-1-11. Presentence Memorandum by Convicted Person
35-38-1-13. Confidentiality of Presentence Report or Memoranda
35-38-1-14. Imprisonment; Transmission of Certain Information to Department of Correction
35-38-1-15. Erroneous Sentence; Nature; Correction
35-38-1-16. Certified Copies of Corrected or Modified Sentence
35-38-1-17. Sentence Modification; Conditions; Not Permitted for Certain Offenders
35-38-1-18. Fines and Costs; Suspension of Fines; Commitment Instead of Fine; Default
35-38-1-21. Home Detention; Petition and Hearing
35-38-1-22. Juveniles; Service of Misdemeanor Sentences in Juvenile Detention Facilities
35-38-1-24. Community Transition Program; Level 5 or Level 6 Felony
35-38-1-25. Community Transition Program; Murder and Level 1 Through Level 4 Felony
35-38-1-27. Persons Required to Provide a DNA Sample as a Condition of a Sentence
35-38-1-30. Sentence; Refrain From Contact
35-38-1-31. Abstracts of Judgment
35-38-1-32. Court Notification of Potential Habitual Violator Offenses