Indiana § 35-38-3-5 - Determination of degree of security assigned to convicted person; change of degree

§ 35-38-3-5. Determination of degree of security assigned to convicted person; change of degree

Sec. 5. (a) The department, after diagnosis and classification, shall:

(1) determine the degree of security (maximum, medium, or minimum) to which a convicted person will be assigned;

(2) for each offender convicted of a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) whose sentence for the Class D felony or Level 6 felony is nonsuspendible at the time of the offense under:

(A) IC 35-50-2-2.1(a)(1)(B);

(B) IC 35-50-2-2.1(a)(1)(C); or

(C) IC 35-50-2-2.1(a)(2);

(before the repeal of IC 35-50-2-2.1) determine whether the offender is an appropriate candidate for home detention under IC 35-38-2.5;

(3) for each offender:

(A) committed to the department because the offender has been convicted for the first time of a Class C or Class D felony (for a crime committed before July 1, 2014) or a Level 5 or Level 6 felony (for a crime committed after June 30, 2014); and

(B) whose sentence may be suspended;

determine whether the offender is an appropriate candidate for home detention under IC 35-38-2.5;

(4) notify the trial court and prosecuting attorney if the degree of security assigned differs from the court's recommendations; and

(5) petition the sentencing court under IC 35-38-1-21 for review of the sentence of an offender who is not a habitual offender sentenced under IC 35-50-2-8 or IC 35-50-2-10 (repealed), and who the department has determined under subdivision (2) to be an appropriate candidate for home detention.

(b) The department may change the degree of security to which the person is assigned. However, if the person is changed to a lesser degree of security during the first two (2) years of the commitment, the department shall notify the trial court and the prosecuting attorney not less than thirty (30) days before the effective date of the changed security assignment.

As added by P.L.311-1983, SEC.3. Amended by P.L.182-1988, SEC.1; P.L.98-1988, SEC.7; P.L.164-1993, SEC.9; P.L.158-2013, SEC.402; P.L.10-2019, SEC.132; P.L.72-2023, SEC.11.