2019 Indiana Code
Title 35. Criminal Law and Procedure
Article 50. Sentences
Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders
35-50-2-2.1. Suspension; persons with juvenile record
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.
