Bill Text: IN SB0197 | 2013 | Regular Session | Introduced
Bill Title: Reentry court sentence modification.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-07 - First reading: referred to Committee on Judiciary [SB0197 Detail]
Download: Indiana-2013-SB0197-Introduced.html
Citations Affected: IC 35-38-1-17.
Synopsis: Reentry court sentence modification. Allows a reentry court
to reduce or suspend the sentence of a convicted person without the
approval of the prosecuting attorney if more than 365 days have
elapsed since the person began serving the sentence and the person has
successfully completed a reentry court program.
Effective: July 1, 2013.
January 7, 2013, read first time and referred to Committee on Judiciary.
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(1) a convicted person begins serving the person's sentence;
(2) a hearing is held:
(A) at which the convicted person is present; and
(B) of which the prosecuting attorney has been notified; and
(3) the court obtains a report from the department of correction concerning the convicted person's conduct while imprisoned;
the court may reduce or suspend the sentence. The court must incorporate its reasons in the record.
(b) Except as provided in subsection (g), if more than three hundred sixty-five (365) days have elapsed since the convicted person began serving the sentence and after a hearing at which the convicted person is present, the court may reduce or suspend the sentence, 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 the convicted person in a community
corrections program as an alternative to commitment to the department
of correction, 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.
(g) This subsection applies only to a reentry court (as defined in
IC 33-23-16-9). If more than three hundred sixty-five (365) days
have elapsed since a convicted person began serving the person's
sentence and after a hearing at which the person is present, a
reentry court may reduce or suspend the person's sentence without
the approval of the prosecuting attorney if the court finds that the
person has successfully completed a reentry court program.
