Sec. 2.1. (a) Except as provided in subsection (b), the court may not suspend a sentence for a felony for a person with a juvenile record when:
(1) the juvenile record includes findings that the juvenile acts, if committed by an adult, would constitute:
(A) one (1) Class A or Class B felony;
(B) two (2) Class C or Class D felonies;
(C) one (1) Class C and one (1) Class D felony;
(D) one (1) Level 1, Level 2, Level 3, or Level 4 felony;
(E) two (2) Level 5 or Level 6 felonies; or
(F) one (1) Level 5 and one (1) Level 6 felony; and
(2) less than three (3) years have elapsed between commission of the juvenile acts that would be felonies if committed by an adult and the commission of the felony for which the person is being sentenced.
(b) Notwithstanding subsection (a), the court may suspend any part of the sentence for a felony if it finds that:
(1) the crime was the result of circumstances unlikely to recur;
(2) the victim of the crime induced or facilitated the offense;
(3) there are substantial grounds tending to excuse or justify the crime, though failing to establish a defense; or
(4) the acts in the juvenile record would not be Class A, Class B, Level 1, Level 2, Level 3, or Level 4 felonies if committed by an adult, and the convicted person is to undergo home detention under IC 35-38-1-21 instead of the minimum sentence specified for the crime under this chapter.
As added by P.L.284-1985, SEC.4. Amended by P.L.331-1987, SEC.1; P.L.98-1988, SEC.10; P.L.168-2014, SEC.111.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders
35-50-2-0.1. Application of Certain Amendments to Chapter
35-50-2-0.2. Effect of Addition of Section 7.1 of Chapter and Amendment of Chapter by p.l.328-1985
35-50-2-0.3. Content of Juvenile Record
35-50-2-1.3. "Advisory Sentence"
35-50-2-1.4. "Criminal Organization"
35-50-2-1.5. "Individual With an Intellectual Disability"
35-50-2-1.8. "Sex Offense Against a Child"
35-50-2-2.1. Suspension; Persons With Juvenile Record
35-50-2-2.2. Suspension of a Sentence for a Felony
35-50-2-4. Class a Felony; Level 1 Felony
35-50-2-5. Class B Felony; Level 3 Felony
35-50-2-6. Class C Felony; Level 5 Felony; Commission of Nonsupport of Child as Class D Felony
35-50-2-7. Class D Felony; Level 6 Felony; Judgment of Conviction Entered as a Misdemeanor
35-50-2-9. Death Penalty Sentencing Procedure
35-50-2-12. Characteristics of Incarcerated Offenders; Publication of Findings
35-50-2-13. Use of Firearms in Controlled Substance Offenses Under Ic 35-48-4-1 Through Ic 35-48-4-4
35-50-2-14. Repeat Sexual Offender
35-50-2-15. Criminal Organization Enhancement
35-50-2-16. Termination of a Human Pregnancy; Enhancement
35-50-2-17. Sentencing Alternatives for Offenders Less Than 18 Years of Age
35-50-2-18. "Felony Terrorist Offense"; Charging Procedure; Sentence