CRIMINAL LAWAND PROCEDURE
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(15) Operating a vehicle while intoxicated
causing serious bodily injury to another
person (IC 9-30-5-4).
(16) Resisting law enforcement as a felony
(IC 35-44.1-3-1).
(b) As used in this section, “episode of crim-
inal conduct” means offenses or a connected series
of offenses that are closely related in time, place
and circumstance.
(c) Except as provided in subsection (d) or
(e), the court shall determine whether terms of
imprisonment shall be served concurrently or
consecutively. The court may consider the:
(1) aggravating circumstances in IC 35-
38-1-7.1(a); and
(2) mitigating circumstances in IC 35-38-
1-7.1(b);
in making a determination under this subsection.
The court may order terms of imprisonment to be
served consecutively even if the sentences are
not imposed at the same time. However, except
for crimes of violence, the total of the consecutive
terms of imprisonment, exclusive of the terms of
imprisonment under IC 35-50-2-8 and IC 35-50-
2-10 (before its repeal) to which the defendant is
sentenced for felony convictions arising out of an
episode of criminal conduct shall not exceed the
advisory sentence for a felony which is one (1)
class of felony higher than the most serious of the
felonies for which the person has been convicted.
(d) If, after being arrested for one (1) crime,
a person commits another crime:
(1) before the date the person is discharged
from probation, parole, or a term of impris-
onment for the first crime; or
(2) while the person is released:
(A) upon the person’s own recogni-
zance; or
(B) on bond;
the terms of imprisonment for the crimes shall be
served consecutively, regardless of the order in
which the crimes are tried and sentences are
imposed.
(e) If the factfinder determines under IC 35-
50-2-11 that a person used a firearm in the com-
mission of the offense for which the person was
convicted, the term of imprisonment for the under-
lying offense and the additional term of impris-
onment imposed under IC 35-50-2-11 must be
served consecutively.
35-50-1-5. Effect on postconviction remedy
on subsequent sentencing.
If:
(1) Prosecution is initiated against a peti-
tioner who has successfully sought relief
under any proceeding for postconviction
remedy and a conviction is subsequently
obtained; or
(2) A sentence has been set aside under a
postconviction remedy and the success-
ful petitioner is to be resentenced;
the sentencing court may impose a more severe
penalty than that originally imposed, and the court
shall give credit for time served.
35-50-1-6. Secure private facilities.
(a) Before a person who has been convicted of
an offense and committed to the department of cor-
rection is assigned to the department of correction
program or facility under IC 11-10-1, the sen-
tencing court may recommend that the depart-
ment of correction place the person in a secure
private facility (as defined in IC 31-9-2-115) if:
(1) the person was less than sixteen (16)
years of age on the date of sentencing;
and
(2) the court determines that the person
would benefit from the treatment offered
by the facility.
(b) A secure private facility may terminate a
placement and request the department of correc-
tion to reassign a convicted person to another
department of correction facility or program.
(c) When a convicted person becomes twenty-
one (21) years of age or if a secure private facil-
ity terminates a placement under subsection (b) a
convicted person shall:
(1) be assigned to a department of correc-
tion facility or program under IC 11-10-1-
3(b); and
(2) serve the remainder of the sentence in
the department of correction facility or
program.
(d) Aperson who is placed in a secure private
facility under this section:
(1) is entitled to earn credit time under IC
