Motion to Reconsider Sentence - Indiana

TABLE OF CONTENTS

1. Caption
2. Motion Header
3. Original Sentence Summary
4. Grounds for Sentence Modification
5. Filing Limits and Prosecutor Consent
6. Mitigating Factors
7. Rehabilitation Evidence
8. Proposed Modified Sentence
9. Legal Authority
10. Proposed Order
11. Certificate of Service
12. State-Specific Notes

Caption

IN THE [________________________________] COURT OF [________________________________] COUNTY, INDIANA

Motion Header

PETITION FOR MODIFICATION OF SENTENCE PURSUANT TO INDIANA CODE § 35-38-1-17

TO THE HONORABLE COURT:

COMES NOW the Defendant, [________________________________], by and through [his/her/their] attorney, [________________________________], and respectfully petitions this Court for modification of the sentence imposed in the above-captioned matter pursuant to Indiana Code § 35-38-1-17. In support thereof, Defendant states as follows:

Original Sentence Summary

1. Defendant's Name: [________________________________]

2. IDOC Number: [________________________________]

3. Date of Original Sentencing: [__/__/____]

4. Sentencing Judge: Hon. [________________________________]

5. Offense(s) of Conviction:

6. Advisory Sentence: [________________________________]

7. Sentence Imposed: [________________________________]

8. Executed Portion: [________________________________]

9. Suspended Portion: [________________________________]

10. Consecutive or Concurrent: [________________________________]

11. Method of Conviction: ☐ Jury Trial ☐ Bench Trial ☐ Guilty Plea ☐ Open Plea

12. Plea Agreement: ☐ Yes — Terms: [________________________________] ☐ No

13. Violent Criminal Status: ☐ Yes (IC § 35-38-1-17(d), incorporating the crime-of-violence list in IC § 35-31.5-2-79) ☐ No

14. Credit Restricted Felon: ☐ Yes ☐ No

15. Direct Appeal Filed: ☐ Yes — Case No.: [________________________________] ☐ No

16. Prior Modification Petitions: ☐ None ☐ One — Date: [__/__/____], Outcome: [________________] ☐ Two or more — analyze IC § 35-38-1-17(j) and (n)

Grounds for Sentence Modification

Defendant respectfully requests modification of the sentence on the following grounds:

These categories organize factual and equitable support for the request; IC § 35-38-1-17 does not make any listed category an entitlement to modification.

☐ A. New Information Unavailable at Sentencing
Since sentencing, new information has become available: [________________________________]

☐ B. Changed Circumstances
Defendant's circumstances have materially changed since sentencing: [________________________________]

☐ C. Demonstrated Rehabilitation
Defendant has demonstrated substantial rehabilitation while incarcerated: [________________________________]

☐ D. Disproportionate Sentence
The sentence is disproportionate to the offense and to sentences imposed on similarly situated defendants: [________________________________]

☐ E. Sentencing Error or Reliance on Incorrect Information
The Court relied upon materially inaccurate information at sentencing: [________________________________]

☐ F. Cooperation with Law Enforcement
Defendant has provided substantial cooperation to law enforcement: [________________________________]

☐ G. Medical or Health Circumstances
Defendant's medical condition warrants sentence modification: [________________________________]

☐ H. Prosecution Consent Obtained (if required)
The prosecuting attorney has consented to the requested modification: [________________________________]

Filing Limits and Prosecutor Consent

Non-Violent Offenders:

Violent Criminals (IC § 35-38-1-17(d), incorporating IC § 35-31.5-2-79):

Plea Agreement Cases:
If the requested sentence was not authorized by the plea agreement, the court may not impose it without the prosecuting attorney's consent. A plea agreement may not waive the statutory right to seek sentence modification, but other statutory and plea-agreement limits still apply.

Additional Petition for Certain Long-Serving Juvenile Offenders:
IC § 35-38-1-17(n) permits an additional petition without prosecutorial consent for a person sentenced in criminal court for an offense committed before age 18 after at least 15 years actually served, or 20 years if serving a murder sentence.

This petition is the defendant's: ☐ First petition ☐ Second petition ☐ Additional petition under IC § 35-38-1-17(n)

Date of last petition (if any): [__/__/____]

This petition is properly filed because: [________________________________]

Mitigating Factors

Defendant respectfully asks the Court to consider the following mitigating factors:

☐ Defendant's age at the time of the offense: [________________________________]

☐ Defendant's limited or no prior criminal history: [________________________________]

☐ Defendant's mental health history or diagnosis: [________________________________]

☐ Defendant's substance abuse history and treatment: [________________________________]

☐ Defendant played a minor role in the offense: [________________________________]

☐ Defendant's family responsibilities and dependents: [________________________________]

☐ Defendant's employment history and potential: [________________________________]

☐ Defendant's educational background: [________________________________]

☐ Defendant's hardship of incarceration: [________________________________]

☐ Other mitigating factors: [________________________________]

Rehabilitation Evidence

Defendant presents the following evidence of rehabilitation:

☐ Educational programs completed (GED, college courses): [________________________________]

☐ Vocational training completed: [________________________________]

☐ Substance abuse treatment programs (CLIFF, PLUS, therapeutic community): [________________________________]

☐ Disciplinary record while incarcerated: [________________________________]

☐ Community service or religious involvement: [________________________________]

☐ Letters of support from: [________________________________]

☐ Reentry plan upon release (employment, housing, support): [________________________________]

☐ IDOC program completions: [________________________________]

☐ Other rehabilitative accomplishments: [________________________________]

Proposed Modified Sentence

Defendant respectfully requests the Court modify the sentence as follows:

Justification for proposed modification: [________________________________]

Legal Authority

1. Ind. Code § 35-38-1-17 — Authorizes the sentencing court, after obtaining the Department of Correction conduct report, to reduce or suspend a sentence and impose a sentence authorized at the original sentencing. It establishes the credit-restricted-felon bar, violent-criminal limits, petition-frequency limits, plea-agreement restriction, victim-notice procedure, and the additional-petition rule for certain long-serving juvenile offenders.

2. Ind. Code § 35-31.5-2-79 — Supplies the current "crime of violence" list incorporated by IC § 35-38-1-17(d).

3. Ind. Code § 35-31.5-2-72 — Defines "credit restricted felon"; IC § 35-38-1-17(b) makes sentence modification unavailable to a person with that status.

4. Ind. Post-Conviction Rule 1 — Governs collateral challenges to the validity of a conviction or sentence; it is distinct from a discretionary request for sentence modification.

5. Additional Authority: [________________________________]

Proposed Order

IN THE [________________________________] COURT OF [________________________________] COUNTY, INDIANA

ORDER ON PETITION FOR MODIFICATION OF SENTENCE

This matter having come before the Court on Defendant's Petition for Modification of Sentence pursuant to Indiana Code § 35-38-1-17, and the Court having considered the petition, the record, the arguments of counsel, and any response from the State:

IT IS HEREBY ORDERED that:

☐ The Defendant's Petition is GRANTED. The sentence previously imposed on [__/__/____] is hereby modified as follows: [________________________________]

☐ The Defendant's Petition is GRANTED IN PART. The sentence is modified as follows: [________________________________]

☐ The Defendant's Petition is DENIED.

☐ A hearing on this matter is set for [__/__/____] at [____] a.m./p.m.

SO ORDERED this [____] day of [________________], [________].

_________________________________________
Hon. [________________________________]
Judge, [________________________________] Court

Certificate of Service

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Petition for Modification of Sentence was served upon:

Office of the [________________________________] County Prosecuting Attorney
[________________________________]
[________________________________]
[________________________________]

Method of Service:
☐ Hand Delivery
☐ U.S. Mail, postage prepaid
☐ Electronic Filing (Odyssey / Indiana E-Filing System)
☐ Facsimile

_________________________________________
[________________________________]
Attorney for Defendant
Indiana Attorney No.: [________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

State-Specific Notes

Distinction from Direct Appeal:
A sentence modification petition under IC § 35-38-1-17 is a request for leniency directed to the sentencing court's discretion. It is not a substitute for direct appeal or post-conviction relief under Indiana Post-Conviction Rule 1.

Violent vs. Non-Violent Classification:
Indiana Code § 35-38-1-17(d) now defines a "violent criminal" by incorporating the "crime of violence" list in IC § 35-31.5-2-79. After 365 days from sentencing, a violent criminal may not file without prosecutorial consent, subject to the additional-petition rule in subsection (n).

Credit Restricted Felons:
Sentence modification is unavailable to credit restricted felons under IC § 35-38-1-17(b). IC § 35-31.5-2-72 limits that status to specified child-molesting offenses and specified murders connected to child molesting, another sex crime, or the killing of a witness in a sex-crime prosecution.

Plea Agreement Restriction:
If the requested modified sentence was not authorized by the plea agreement, the court may not impose it without prosecutorial consent. IC § 35-38-1-17(l) separately makes a plea-agreement waiver of the right to seek modification invalid and unenforceable.

Sources and References

• Indiana General Assembly — 2026 IC 35-38-1
• Indiana General Assembly — 2026 IC 35-31.5-2
• Indiana Courts — Post-Conviction Rule 1