Daviess County - Indiana Criminal Code 2022

138

CRIMINAL LAWAND PROCEDURE

(A) places the inmate in danger of seri ous bodily injury or death; or (B) represents a substantial threat to the safety of others; (2) for other good cause shown; or (3) if a person has more than five hundred forty-seven (547) days remaining before the person’s earliest release date as a result of: (A) consecutive misdemeanor sen tences; or (B) a sentencing enhancement applied to a misdemeanor sentence. (c) This subsection applies only to a person convicted of a Level 6 felony for an offense com mitted after June 30. 2022. A court may commit a person convicted of a Level 6 felony for an offense committed after June 30, 2022, to the department of correction. (d) This subsection applies only to a person convicted of a Level 6 felony for an offense com mitted before July 1, 2022. A court may not com mit a person convicted of a Level 6 felony or an offense committed before July 1, 2022, to the department of correction unless: (1) the commitment is due to the revoca tion of the person’s sentence for violating probation, parole, or community correc tions and the revocation of the person’s sentence is due to a new criminal offense; (2) the person is convicted of a Level 6 felony that was committed in a penal facil ity; or (3) the person:

pleted a sex offender treatment program; and (2) good cause exists to allow the offender to reside within one (1) mile of the resi dence of the victim of the offender's sex offense. However, the court may not grant a waiver under this subsection if the offender is a sexually violent predator under IC 35-38-1-7.5 or if the offender is an offender against children under IC 35-42-4 11. (d) If the court grants a waiver under this sec tion, the court shall determine the duration of the waiver. The offender may petition the court for an extension of the waiver not later than sixty (60) days before its expiration. However, if the court denies an offender's petition for waiver under this section, then the offender is subject to prosecution for the offense described in IC 35-46-1-15.1(c). (e) If the court grants a waiver under this sec tion, the court shall state in writing the reasons for granting the waiver. The court's written statement of its reasons shall be incorporated into the record. (f) The address of the victim of the offender’s sex offense is confidential even if the court grants a waiver under this section. Chapter 3. Commitment to the Department of Correction and Maximum, Medium, and Minimum Security Assignments. [Portions Omitted] 35-38-3-3. No commitment of misdemeanants and Level 6 felons to the department of correc tion; exceptions; sheriff's per diem for offenders not committed to the Department of Correctiont. 35-38-3-3. No commitment of misdemeanants

(A) is convicted of a Level 6 felony and the sentence for that felony is ordered to be served consecutively to the sentence for another felony; (B) is convicted of a Level 6 felony that is enhanced by an additional fixed term under IC 35-50-2-8 through IC 35-50-2-16; or (C) has received an enhanced sentence under IC 9-30-15.5-2; (D) is a violent offender as defined in IC 35-31.5-2-352(1); or (E) has two (2) prior unrelated felony convictions; and the person’s earliest possible

and Level 6 felons to the depart ment of correction; exceptions; sheriff's per diem for offenders not committed to the Department of Correction.

(a) Except as provided by subsection (b), a per son convicted of a misdemeanor may not be com mitted to the department of correction. (b) Upon a request from the sheriff, the com missioner may agree to accept custody of a mis demeanant: (1) if placement in the county jail: