Suspension; probation
Sec. 1. (a) The court may suspend any part of a sentence for a
misdemeanor.
(b) Except as provided in subsection (c), whenever the court
suspends in whole or in part a sentence for a Class A, Class B, or
Class C misdemeanor, it may place the person on probation under
IC 35-38-2 for a fixed period of not more than one (1) year,
notwithstanding the maximum term of imprisonment for the
misdemeanor set forth in sections 2 through 4 of this chapter.
However, the combined term of imprisonment and probation for a
misdemeanor may not exceed one (1) year.
(c) Whenever the court suspends a sentence for a misdemeanor,
if the court finds that the use or abuse of alcohol, drugs, or harmful
substances is a contributing factor or a material element of the
offense, the court may place the person on probation under
IC 35-38-2 for a fixed period of not more than two (2) years.
However, a court may not place a person on probation for a period
of more than twelve (12) months in the absence of a report that
substantiates the need for a period of probation that is longer than
twelve (12) months for the purpose of completing a course of
substance abuse treatment. A probation user's fee that exceeds fifty
percent (50%) of the maximum probation user's fee allowed under
IC 35-38-2-1 may not be required beyond the first twelve (12)
months of probation.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977,
P.L.340, SEC.123; P.L.5-1988, SEC.210; P.L.135-1993, SEC.9;
P.L.90-2001, SEC.1; P.L.1-2002, SEC.152.
Last modified: May 24, 2006