MISCELLANEOUS LAWS
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(1) impose an appropriate criminal sen-
tence on the offender under IC 35-50-2;
(2) suspend the criminal sentence imposed,
notwithstanding IC 35-50-2-2 (before its
repeal), IC 35-50-2-2.1, and IC 35-50-2-
2.2;
(3) order the offender to be placed into
the custody of the department of correction
to be placed in the juvenile facility of the
division of youth services; and
(4) provide that the successful completion
of the placement of the offender in the
juvenile facility is a condition of the sus-
pended criminal sentence.
(c) The court may not impose a sentence on an
offender under subsection (a) until:
(1) the prosecuting attorney has notified
the victim of the felony of the possible
imposition of a sentence on the offender
under this chapter; and
(2) either:
(A) the probation department of the
court has conducted a presentence
investigation concerning the offender
and reported its findings to the court;
or
(B) the department of correction has
conducted a diagnostic evaluation of
the offender and reported its findings
to the court.
31-30-4-3. Probable cause review hearing.
(a) If there is probable cause to believe that an
offender described under section 2(b) of this chap-
ter has:
(1) violated a condition of the offender's
suspended criminal sentence; or
(2) committed a new offense;
the court shall conduct a review hearing to deter-
mine if the offender has committed the violation
or the new offense unless the offender waives the
hearing.
(b) If the court finds by a preponderance of the
evidence after a review hearing conducted under
subsection (a) that the offender has violated a
condition of the offender's suspended criminal
sentence or committed a new offense or if the
offender waives the hearing, the court may:
(1) continue the offender's placement in
the juvenile facility under section 2(b) of
this chapter;
(2) order execution of all or part of the
offender's previously suspended criminal
sentence in an adult facility recommended
by the department of correction; or
(3) make any other modifications to the
sentence imposed on the offender under
section 2(b) of this chapter the court con-
siders appropriate.
31-30-4-4. Reclassification of juvenile
offender.
(a) The department of correction may reclas-
sify an offender placed in a juvenile facility under
section 2(b) of this chapter and transfer the
offender to an appropriate adult facility if the
department determines that placement of the
offender in any juvenile facility of the division of
youth services is no longer appropriate.
(b) If the department of correction reclassifies
and transfers an offender under this section:
(1) the department shall notify the sen-
tencing court of the circumstances of the
reclassification and transfer; and
(2) the sentencing court:
(A) shall hold a review hearing con-
cerning the reclassification and trans-
fer of the offender; and
(B) after the hearing is conducted
under clause (A), may order execution
of all or part of the offender's sus-
pended criminal sentence in an adult
facility of the department of correc-
tion.
31-30-4-5. Progress report.
(a) At the request of a sentencing court, the
department of correction shall provide a progress
report to the sentencing court concerning an
offender sentenced and placed in a juvenile facil-
ity under section 2(b) of this chapter. When the
offender becomes eighteen (18) years of age:
(1) the department shall notify the sen-
tencing court; and
(2) the sentencing court shall hold a review
hearing concerning the offender before
the offender becomes nineteen (19) years
of age.
