CHAPTER 1. GENERAL PROVISIONS
IC 35-50
ARTICLE 50. SENTENCES
IC 35-50-1
Chapter 1. General Provisions
IC 35-50-1-1
Authority to sentence
Sec. 1. The court shall fix the penalty of and sentence a personconvicted of an offense.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977,P.L.340, SEC.110.
IC 35-50-1-2
Consecutive and concurrent terms
Sec. 2. (a) As used in this section, "crime of violence" means thefollowing:
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Kidnapping (IC 35-42-3-2).
(8) Rape (IC 35-42-4-1).
(9) Criminal deviate conduct (IC 35-42-4-2).
(10) Child molesting (IC 35-42-4-3).
(11) Sexual misconduct with a minor as a Class A felony underIC 35-42-4-9(a)(2) or a Class B felony underIC 35-42-4-9(b)(2).
(12) Robbery as a Class A felony or a Class B felony (IC35-42-5-1).
(13) Burglary as a Class A felony or a Class B felony (IC35-43-2-1).
(14) Operating a motor vehicle while intoxicated causing death(IC 9-30-5-5).
(15) Operating a motor vehicle while intoxicated causingserious bodily injury to another person (IC 9-30-5-4).
(16) Resisting law enforcement as a felony (IC 35-44-3-3).
(b) As used in this section, "episode of criminal conduct" meansoffenses or a connected series of offenses that are closely related intime, place, and circumstance.
(c) Except as provided in subsection (d) or (e), the court shalldetermine whether terms of imprisonment shall be servedconcurrently 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 mayorder terms of imprisonment to be served consecutively even if thesentences are not imposed at the same time. However, except for
crimes of violence, the total of the consecutive terms ofimprisonment, exclusive of terms of imprisonment underIC 35-50-2-8 and IC 35-50-2-10, to which the defendant is sentencedfor felony convictions arising out of an episode of criminal conductshall not exceed the advisory sentence for a felony which is one (1)class of felony higher than the most serious of the felonies for whichthe person has been convicted.
(d) If, after being arrested for one (1) crime, a person commitsanother crime:
(1) before the date the person is discharged from probation,parole, or a term of imprisonment imposed for the first crime;or
(2) while the person is released:
(A) upon the person's own recognizance; or
(B) on bond;
the terms of imprisonment for the crimes shall be servedconsecutively, regardless of the order in which the crimes are triedand sentences are imposed.
(e) If the factfinder determines under IC 35-50-2-11 that a personused a firearm in the commission of the offense for which the personwas convicted, the term of imprisonment for the underlying offenseand the additional term of imprisonment imposed underIC 35-50-2-11 must be served consecutively.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977,P.L.340, SEC.111; P.L.330-1987, SEC.1; P.L.164-1994, SEC.1;P.L.304-1995, SEC.1; P.L.203-1996, SEC.7; P.L.219-1997, SEC.1;P.L.228-2001, SEC.6; P.L.266-2003, SEC.2; P.L.71-2005, SEC.4;P.L.213-2005, SEC.4; P.L.1-2006, SEC.549; P.L.126-2008, SEC.12.
IC 35-50-1-3
Repealed
(Repealed by P.L.305-1987, SEC.38.)
IC 35-50-1-4
Repealed
(Repealed by P.L.5-1986, SEC.61.)
IC 35-50-1-5
Postconviction remedy; imposition of penalty more severe thanoriginally imposed; credit for time served
Sec. 5. If:
(1) prosecution is initiated against a petitioner who hassuccessfully sought relief under any proceeding forpostconviction remedy and a conviction is subsequentlyobtained; or
(2) a sentence has been set aside under a postconviction remedyand the successful petitioner is to be resentenced;
the sentencing court may impose a more severe penalty than thatoriginally imposed, and the court shall give credit for time served.
As added by P.L.179-1984, SEC.3.
IC 35-50-1-6
Placement in secure private facility
Sec. 6. (a) Before a person who has been convicted of an offenseand committed to the department of correction is assigned to adepartment of correction program or facility under IC 11-10-1, thesentencing court may recommend that the department of correctionplace the person in a secure private facility (as defined inIC 31-9-2-115) if:
(1) the person was less than sixteen (16) years of age on thedate of sentencing; and
(2) the court determines that the person would benefit from thetreatment offered by the facility.
(b) A secure private facility may terminate a placement andrequest the department of correction to reassign a convicted personto another department of correction facility or program.
(c) When a convicted person becomes twenty-one (21) years ofage or if a secure private facility terminates a placement undersubsection (b) a convicted person shall:
(1) be assigned to a department of correction facility or programunder IC 11-10-1-3(b); and
(2) serve the remainder of the sentence in the department ofcorrection facility or program.
(d) A person who is placed in a secure private facility under thissection:
(1) is entitled to earn credit time under IC 35-50-6; and
(2) may be deprived of earned credit time as provided underrules adopted by the department of correction under IC 4-22-2.
As added by P.L.79-1994, SEC.17. Amended by P.L.1-1997,SEC.154; P.L.1-2002, SEC.151.
IC 35-50-1-7
Notifying department of name and address of victim
Sec. 7. Whenever a court commits a person to the department ofcorrection as a result of a conviction, the court shall notify thedepartment of correction of the last known name and address of anyvictim of the offense for which the person is convicted.
As added by P.L.90-2000, SEC.19.