2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 3. Commitment to the Department of Correction and Maximum, Medium, and Minimum Security Assignments › 35-38-3-3. No Commitment of Misdemeanants to the Department of Correction; Exceptions; Sheriff's per Diem for Offenders Not Committed to the Department; Deposit in County General Fund; Use of Revenue

Sec. 3. (a) Except as provided by subsection (b), a person convicted of a misdemeanor may not be committed to the department of correction.
(b) Upon a request from the sheriff, the commissioner may agree to accept custody of a misdemeanant:
(1) if placement in the county jail:
(A) places the inmate in danger of serious bodily injury or death; or
(B) represents a substantial threat to the safety of others;
(2) for other good cause shown; or
(3) if a person has more than five hundred forty-seven (547) days remaining before the person's earliest release date as a result of:
(A) consecutive misdemeanor sentences; or
(B) a sentencing enhancement applied to a misdemeanor sentence.
(c) This subsection applies only to a person convicted of a Level 6 felony for an offense committed after June 30, 2022. A court may commit a person convicted of a Level 6 felony for an offense committed after June 30, 2022, to the department of correction.
(d) This subsection applies only to a person convicted of a Level 6 felony for an offense committed before July 1, 2022. A court may not commit a person convicted of a Level 6 felony for an offense committed before July 1, 2022, to the department of correction unless:
(1) the commitment is due to the revocation of the person's sentence for violating probation, parole, or community corrections and the revocation of the person's sentence is due to a new criminal offense;
(2) the person is convicted of a Level 6 felony that was committed in a penal facility; or
(3) the person:
(A) is convicted of a Level 6 felony and the sentence for that felony is ordered to be served consecutively to the sentence for another felony;
(B) is convicted of a Level 6 felony that is enhanced by an additional fixed term under IC 35-50-2-8 through IC 35-50-2-16;
(C) has received an enhanced sentence under IC 9-30-15.5-2;
(D) is a violent offender as defined in IC 35-31.5-2-352(1); or
(E) has two (2) prior unrelated felony convictions;
and the person's earliest possible release date is more than three hundred sixty-five (365) days after the date of sentencing; or
(4) the commitment is due to an agreement made between the sheriff and the department of correction under IC 11-12-6.5.
A person who may not be committed to the department of correction may be placed on probation, committed to the county jail, or placed in community corrections for assignment to an appropriate community corrections program.
(e) Subject to appropriation from the general assembly, a sheriff is entitled to a per diem and medical expense reimbursement from the department of correction for the cost of incarcerating a person described in subsections (c) and (d) in a county jail. The sheriff is entitled to a per diem and medical expense reimbursement only for the time that the person described in subsections (c) and (d) is incarcerated in the county jail.
(f) Per diem and medical expense reimbursements received by a county under this section or received by a county from the state under any other law for the purpose of reimbursing sheriffs for the cost of incarcerating in county jails persons convicted of felonies:
(1) shall be deposited in the county general fund; and
(2) upon appropriation by the county fiscal body, shall be used by the county sheriff only for the purposes of paying the costs of incarcerating in the county jail persons described in subsections (c) and (d) or other persons convicted of felonies.
(g) The county auditor shall semiannually provide to the county fiscal body and the county sheriff an itemized record of the per diem and medical expense reimbursements received by the county under this section or under any other law for the purpose of reimbursing sheriffs for the cost of incarcerating persons convicted of felonies.
As added by P.L.311-1983, SEC.3. Amended by P.L.242-1999, SEC.10; P.L.168-2014, SEC.62; P.L.179-2015, SEC.17; P.L.26-2016, SEC.2; P.L.7-2017, SEC.1; P.L.184-2018, SEC.12; P.L.239-2019, SEC.13; P.L.191-2019, SEC.1; P.L.211-2019, SEC.44; P.L.240-2019, SEC.5; P.L.156-2020, SEC.129; P.L.45-2022, SEC.9.