Section 31-30-4-2 - Offenders less than 18 years of age; sentencing options(a) Subject to subsection (c), if: (1) an offender is: (A) less than eighteen (18) years of age;(B) waived to a court with criminal jurisdiction under IC 31-30-3 because the offender committed an act that would be a felony if committed by an adult; and(C) convicted of committing the felony or enters a plea of guilty to committing the felony; or(2) an offender is: (A) less than eighteen (18) years of age;(B) charged with a felony over which a juvenile court does not have jurisdiction under IC 31-30-1-4; and(C) convicted of committing the felony by a court with criminal jurisdiction or enters a plea of guilty to committing the felony with the court; the court may, upon its own motion, a motion of the prosecuting attorney, or a motion of the offender's legal representative, impose a sentence upon the conviction of the offender under this chapter.
(b) If a court elects to impose a sentence upon conviction of an offender under subsection (a) and, before the offender is sentenced, the department of correction determines that there is space available for the offender in a juvenile facility of the division of youth services of the department, the sentencing court may: (1) impose an appropriate criminal sentence 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 (before its repeal), 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 suspended 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.Amended by P.L. 72-2023,SEC. 2, eff. 4/20/2023.Amended by P.L. 168-2014, SEC. 41, eff. 7/1/2014.Added by P.L. 104-2013, SEC. 1, eff. 7/1/2013.