Application of chapter
Sec. 1. (a) Except as provided in subsection (b), this chapter
applies to the sentencing of a person convicted of:
(1) a felony whenever any part of the sentence may not be
suspended under IC 35-50-2-2 or IC 35-50-2-2.1;
(2) a misdemeanor whenever any part of the sentence may not
be suspended; or
(3) an offense described in IC 35-50-2-2(b)(4)(Q) (operating a
vehicle while intoxicated with at least two (2) prior unrelated
convictions), if the person:
(A) is required to serve the nonsuspendible part of the
sentence in a community corrections:
(i) work release program; or
(ii) program that uses electronic monitoring as a part of the
person's supervision; and
(B) participates in a court approved substance abuse
program.
(b) This chapter does not apply to persons convicted of any of the
following:
(1) Sex crimes under IC 35-42-4 or IC 35-46-1-3.
(2) Except as provided in subsection (a)(3), any of the felonies
listed in IC 35-50-2-2(b)(4).
(3) An offense under IC 9-30-5-4.
(4) An offense under IC 9-30-5-5.
As added by P.L.240-1991(ss2), SEC.96. Amended by P.L.144-1995,
SEC.4; P.L.242-1999, SEC.9; P.L.17-2001, SEC.13; P.L.213-2005,
SEC.6.
Last modified: May 24, 2006