Community transition program; Class C or Class D felony
Sec. 24. (a) This section applies to a person if the most serious
offense for which the person is committed is a Class C or Class D
felony.
(b) Not later than forty-five (45) days after receiving a notice
under IC 11-10-11.5-2, the sentencing court may order the
department of correction to retain control over a person until the
person completes the person's fixed term of imprisonment, less the
credit time the person has earned with respect to the term, if the court
makes specific findings that support a determination:
(1) that placement of the person in a community transition
program:
(A) places the person in danger of serious bodily injury or
death; or
(B) represents a substantial threat to the safety of others; or
(2) of other good cause.
If the court issues an order under this section, the department of
correction may not assign a person to a community transition
program.
(c) The court may make a determination under this section
without a hearing. The court shall consider any written statement
presented to the court by a victim of the offender's crime or by an
offender under IC 11-10-11.5-4.5. The court in its discretion may
consider statements submitted by a victim after the time allowed for
the submission of statements under IC 11-10-11.5-4.5.
(d) The court shall make written findings for a determination
under this section, whether or not a hearing was held.
(e) Not later than five (5) days after making a determination under
this section, the court shall send a copy of the order to the:
(1) prosecuting attorney where the person's case originated; and
(2) department of correction.
As added by P.L.273-1999, SEC.210. Amended by P.L.90-2000,
SEC.17.
Last modified: May 24, 2006