Reduction or suspension of sentence
Sec. 17. (a) Within three hundred sixty-five (365) days after:
(1) a convicted person begins serving the sentence imposed on
the person;
(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) 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 35-35-3-1) 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.
As added by P.L.311-1983, SEC.3. Amended by P.L.317-1985,
SEC.1; P.L.204-1986, SEC.1; P.L.240-1991(ss2), SEC.92;
P.L.291-2001, SEC.224; P.L.2-2005, SEC.123.
Last modified: May 24, 2006