2023 Indiana Code
Title 31. Family Law and Juvenile Law
Article 30. Juvenile Law: Juvenile Court Jurisdiction
Chapter 4. Sentencing Alternatives for Certain Offenders Under Criminal Court Jurisdiction
31-30-4-2. Offenders Less Than 18 Years of Age; Sentencing Options
Sec. 2. (a) Subject to subsection (c), if:
(1) an offender is:
(A) less than eighteen (18) years of age;
(B) waived to a court with criminal jurisdiction under IC 31-30-3 because the offender committed an act that would be a felony if committed by an adult; and
(C) convicted of committing the felony or enters a plea of guilty to committing the felony; or
(2) an offender is:
(A) less than eighteen (18) years of age;
(B) charged with a felony over which a juvenile court does not have jurisdiction under IC 31-30-1-4; and
(C) convicted of committing the felony by a court with criminal jurisdiction or enters a plea of guilty to committing the felony with the court;
the court may, upon its own motion, a motion of the prosecuting attorney, or a motion of the offender's legal representative, impose a sentence upon the conviction of the offender under this chapter.
(b) If a court elects to impose a sentence upon conviction of an offender under subsection (a) and, before the offender is sentenced, the department of correction determines that there is space available for the offender in a juvenile facility of the division of youth services of the department, the sentencing court may:
(1) impose an appropriate criminal sentence on the offender under IC 35-50-2;
(2) suspend the criminal sentence imposed, notwithstanding IC 35-50-2-2 (before its repeal), IC 35-50-2-2.1 (before its repeal), and IC 35-50-2-2.2;
(3) order the offender to be placed into the custody of the department of correction to be placed in the juvenile facility of the division of youth services; and
(4) provide that the successful completion of the placement of the offender in the juvenile facility is a condition of the suspended criminal sentence.
(c) The court may not impose a sentence on an offender under subsection (a) until:
(1) the prosecuting attorney has notified the victim of the felony of the possible imposition of a sentence on the offender under this chapter; and
(2) either:
(A) the probation department of the court has conducted a presentence investigation concerning the offender and reported its findings to the court; or
(B) the department of correction has conducted a diagnostic evaluation of the offender and reported its findings to the court.
As added by P.L.104-2013, SEC.1. Amended by P.L.168-2014, SEC.41; P.L.72-2023, SEC.2.
