Determination of degree of security assigned to convicted person;
change of degree; persons convicted of murder
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 whose
sentence for the Class D felony is nonsuspendible under
IC 35-50-2-2(b)(3) due to a prior unrelated Class C or Class D
felony, determine whether the offender is an appropriate
candidate for home detention under IC 35-38-2.5;
(3) for each offender convicted of a Class D felony whose
sentence for the Class D felony is nonsuspendible 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);
determine whether the offender is an appropriate candidate for
home detention under IC 35-38-2.5;
(4) for each offender:
(A) committed to the department because the offender has
been convicted for the first time of a Class C or a Class D
felony; and
(B) whose sentence may be suspended;
determine whether the offender is an appropriate candidate for
home detention under IC 35-38-2.5;
(5) notify the trial court and prosecuting attorney if the degree
of security assigned differs from the court's recommendations;
and
(6) 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, and who the
department has determined under subdivision (2) or subdivision
(3), 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 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.
Last modified: May 24, 2006