Section 35-38-1-24 - Community transition program; Level 5 or Level 6 felony(a) This section applies to a person if the most serious offense for which the person is committed is a Class C or Class D felony (for a crime committed before July 1, 2014) or a Level 5 or Level 6 felony (for a crime committed after June 30, 2014).(b) Not later than forty-five (45) days after receiving a notice under IC 11-10-11.5-2, the sentencing court may order the department of correction to retain control over a person until the person completes the person's fixed term of imprisonment, less the credit time the person has earned with respect to the term, if the court makes specific findings that support a determination: (1) that placement of the person in a community transition program: (A) places the person in danger of serious bodily injury or death; or(B) represents a substantial threat to the safety of others; or(2) of other good cause. If the court issues an order under this section, the department of correction may not assign a person to a community transition program.
(c) The court may make a determination under this section without a hearing. The court shall consider any written statement presented to the court by a victim of the offender's crime or by an offender under IC 11-10-11.5-4.5. The court in its discretion may consider statements submitted by a victim after the time allowed for the submission of statements under IC 11-10-11.5-4.5.(d) The court shall make written findings for a determination under this section, whether or not a hearing was held.(e) Not later than five (5) days after making a determination under this section, the court shall send a copy of the order to the:(1) prosecuting attorney where the person's case originated; and(2) department of correction.Amended by P.L. 158-2013, SEC. 397, eff. 7/1/2014.As added by P.L. 273-1999, SEC.210. Amended by P.L. 90-2000, SEC.17.