1. (a) Except as provided by subsection (b), a person convicted of a misdemeanor may not be committed to the department of correction.

2. (b) Upon a request from the sheriff, the commissioner may agree to accept custody of a misdemeanant:

   1. (1) if placement in the county jail:

      1. (A) places the inmate in danger of serious bodily injury or death; or
      2. (B) represents a substantial threat to the safety of others;
   2. (2) for other good cause shown; or

   3. (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:

      1. (A) consecutive misdemeanor sentences; or
      2. (B) a sentencing enhancement applied to a misdemeanor sentence.
3. (c) After June 30, 2014, and before January 1, 2016, a court may not commit a person convicted of a Level 6 felony to the department of correction if the person's earliest possible release date is less than ninety-one (91) days from the date of sentencing, unless the commitment is due to the person violating a condition of probation, parole, or community corrections by committing a new criminal offense.

4. (d) After December 31, 2015, a court may not commit a person convicted of a Level 6 felony to the department of correction unless:

   1. (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; or

   2. (2) the person:

      1. (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;
      2. (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 ; or

      3. (C) has received an enhanced sentence under IC 9-30-15.5-2 ;

         and the person's earliest possible release date is more than three hundred sixty-five (365) days after the date of sentencing.

         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.

5. (e) After June 30, 2014, and before January 1, 2016, a sheriff is entitled to a per diem and medical expense reimbursement as described in P.L.205-2013, SECTION 4 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. The reimbursement:

   1. (1) shall be reviewed by the budget committee; and
   2. (2) is subject to approval by the budget agency.
6. (f) 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.

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.