Daviess County - Indiana Criminal Code 2022

CRIMINAL LAWAND PROCEDURE

139

release date is more than three hundred sixty-five (365) days after the date of sentencing. (4) the commitment is due to an agreement made between the sheriff and the depart ment of correction under IC 11-12-6.5. A person who may not be committed to the department of correction may be placed on probation, committed to the county jail, or placed in community corrections for assign ment to an appropriate community correc tions program. (e) Subject to appropriation from the general assembly, a sheriff is entitled to a per diem and medical expense reimbursement from the depart ment of correction for the cost of incarcerating a person described in subsections (c) and (d) in a county jail. The sheriff is entitled to a per diem and medical expense reimbursement only for the time that the person described in subsections (c) and (d) is incarcerated in the county jail. (f) Per diem and medical expense reimburse ments received by a county under this section or received by a county from the state under any other law for the purpose of reimbursing sheriffs for the cost of incarcerating in county jails persons convicted of felonies: (1) shall be deposited in the county gen eral fund; and (2) upon appropriation by the county fis cal body, shall be used by the county sher iff only for the purposes of paying the costs of incarcerating in the county jail persons described in subsections (c) and (d) or other persons convicted of felonies. (g) The county auditor shall semiannually pro vide to the county fiscal body and the county sheriff an itemized record of the per diem and med ical expense reimbursements received by the county under this section or under any other law for the purpose of reimbursing sheriffs for the cost of incarcerating persons convicted of felonies. Chapter 9. Sealing and Expunging Conviction Records.

35-38-9-4. Expungement; certain felony convictions (8 years). 35-38-9-5. Expungement; certain or Level 6 felony convictions (10 years). 35-38-9-6. Procedure upon expungement; sections 2 and 3. 35-38-9-7. Procedure upon expungement; sections 4 and 5. 35-38-9-8 Petition for expungement; duties of prose cutor. 35-38-9-8.5. Expungement indeterminate sentence. 35-38-9-9 Expungement hearing and order. 35-38-9-9.5. Collateral expungement. 35-38-9-10. Unlawful discrimination; use of expunged conviction by court. 35-38-9-11. Waiver of expungement in plea agreement prohibited. 35-38-9-0.5. “Collateral action” defined. As used in this chapter, “collateral action” means an action or proceeding, including an administrative proceeding, that is factually or legally related to an arrest, a criminal charge, a juvenile delinquency allegation, a conviction, or a juvenile delinquency adjudication. The term includes a proceeding or action concerning a seizure, a civil forfeiture, and a petition for spe cialized driving privileges. 35-38-9-1. Expungement of arrest records. (a) This section applies only to a person who has been arrested, charged with an offense, or alleged to be a delinquent child, if: (1) the arrest, criminal charge, or juve nile delinquency allegation: (A) did not result in a conviction or juvenile adjudication even if the arrest, criminal charge, or juvenile delin quency allegation resulted in an adju dication for an infraction; or (B) resulted in a conviction or juvenile adjudication and the conviction or adjudication expunged under sections 2 through 5 of this chapter, or was later vacated; and (2) the person is not currently participat ing in a pretrial diversion program unless the prosecuting attorney authorizes the person to petition for an expungement under this section. (b) This subsection applies to a person charged

35-38-9-0.5. “Collateral action” defined. 35-38-9-1. Expungement of arrest records.

35-38-9-2. Expungement; misdemeanor conviction. 35-38-9-3. Expungement; Class D felony conviction.