Suspension; persons with juvenile record
Sec. 2.1. (a) Except as provided in subsection (b) or section 2 of
this chapter, the court may not suspend a sentence for a felony for a
person with a juvenile record when:
(1) the juvenile record includes findings that the juvenile acts,
if committed by an adult, would constitute:
(A) one (1) Class A or Class B felony;
(B) two (2) Class C or Class D felonies; or
(C) one (1) Class C and one (1) Class D felony; and
(2) less than three (3) years have elapsed between commission
of the juvenile acts that would be felonies if committed by an
adult and the commission of the felony for which the person is
being sentenced.
(b) Notwithstanding subsection (a), the court may suspend any
part of the sentence for a felony, except as provided in section 2 of
this chapter, if it finds that:
(1) the crime was the result of circumstances unlikely to recur;
(2) the victim of the crime induced or facilitated the offense;
(3) there are substantial grounds tending to excuse or justify the
crime, though failing to establish a defense; or
(4) the acts in the juvenile record would not be Class A or Class
B felonies if committed by an adult, and the convicted person
is to undergo home detention under IC 35-38-1-21 instead of the
minimum sentence specified for the crime under this chapter.
As added by P.L.284-1985, SEC.4. Amended by P.L.331-1987,
SEC.1; P.L.98-1988, SEC.10.
Last modified: May 24, 2006