Indiana Sentence Modification – A Second Chance Under I.C. 35-38-1-17

Is you your loved one serving a prison sentence in Indiana? Are you serving a lengthy probation or community corrections sentence? They may not have to serve every day behind bars; you may not have to spend years on probation. Indiana law provides a process for sentence modification, which allows certain sentences to be reduced or changed after sentencing. Under Indiana Code § 35-38-1-17, courts can reconsider a sentence based on the person’s conduct in prison and other factors. This page explains who is eligible for a sentence modification, what limitations apply, and how inmates, probationers, and people serving community corrections sentences and their families can improve the chances of a successful outcome – all in plain language.

What Is a Sentence Modification in Indiana?

A sentence modification is a legal request to change an inmate’s original sentence. It typically means asking the sentencing court to reduce the time to be served or to convert some of the remaining time to probation or another form of supervised release. Indiana law allows the judge to “reduce or suspend the sentence and impose a sentence that the court was authorized to impose at the time of sentencing”. In other words, the judge can potentially lower the prison term or grant alternative sentencing (like probation or home detention) as long as it would have been legally permitted originally. Sentence modifications are not automatic – the incarcerated person (usually through an attorney) must file a petition with the court that sentenced them, and the judge will decide whether to grant a change.

Why would a court modify a sentence? Common reasons include evidence of rehabilitation (for example, good behavior and program completion while in custody), changes in personal circumstances (such as serious health issues), or even changes in the law that reduce penalties for the offense. The Department of Correction will provide the court with a report on the inmate’s conduct, which is required before any modification can be granted. Ultimately, it’s up to the judge’s discretion to approve or deny a modification, so presenting a strong case is critical.

Who Qualifies for Sentence Modification (and Who Doesn’t)?

Indiana’s sentence modification statute applies broadly, but not everyone is eligible. The law carves out specific categories of offenders who face restrictions or are outright disqualified from getting their sentences modified:

• Credit Restricted Felons – Not Eligible: If the person is classified as a “credit restricted felon,” they cannot seek a sentence modification. Credit restricted felon is a term defined by law for those convicted of certain especially serious offenses (for example, some of the most severe child molestation offenses or certain murders involving very young victims). These are considered the worst offenses, and Indiana law excludes individuals convicted of them from the modification process entirely. If your loved one falls into this category, unfortunately the statute does not permit any reduction of their sentence under § 35-38-1-17.
• “Violent Criminal” Offenders – Strict Limits: Indiana Code § 35-38-1-17 also places limitations on those deemed violent offenders. The statute defines a “violent criminal” as someone convicted of certain serious violent offenses – this includes crimes like murder, attempted murder, voluntary manslaughter, kidnapping, rape, armed robbery, certain serious battery or sex offenses, among others. If an inmate’s conviction falls in this violent criminal category (see the law’s detailed list in subsection (d)), they can seek a sentence modification, but with major restrictions. A violent offender is allowed to file only one modification petition within 365 days (one year) of sentencing without needing the prosecutor’s consent. This one-year window is crucial – it gives violent offenders a single opportunity early on to ask the court for a change based on any early signs of rehabilitation. After that one-year period passes, any additional sentence modification for a violent offender requires the approval of the prosecuting attorney. In practice, this means if more than a year has gone by since sentencing, a violent offender cannot even get a hearing on a modification unless the prosecutor agrees to it. Violent offenders are not barred outright from modifications, but the law’s extra hurdles make it essential to act within the allowed time frame and, later, to potentially negotiate with the prosecutor for support.
• Non-Violent Offenders – Generally Eligible: If the convicted person is not a “violent criminal” and not a credit restricted felon, they are considered a non-violent offender for purposes of sentence modification. Non-violent offenders have much broader eligibility. They can file a petition for modification at any time after sentencing (there is no minimum waiting period beyond having begun to serve the sentence and having some conduct report from the prison). Importantly, recent changes in Indiana law have removed many old barriers – for example, a judge can now modify a sentence even if it’s long after the original sentencing date, and even if the original judge is no longer on the bench (the law applies regardless of when the crime was committed or sentenced, including cases from before July 1, 2014). In summary, most incarcerated individuals who are not convicted of the violent offenses listed in the law or labeled as credit restricted felons do qualify to seek a sentence modification.

How Many Times Can You Ask for a Sentence Reduction?

Even eligible offenders can’t file endless requests – Indiana law imposes limits on how often you can petition for sentence modification:

• Non-violent offenders: You can file at most one petition per 365-day period (basically once a year), and no more than two (2) petitions in total during any one continuous term of imprisonment. This means if your first request is denied, you get one more bite at the apple (after waiting at least a year from the first request). After two tries without success, a non-violent offender would not get another chance unless the prosecutor consents to additional modifications. (The statute’s language says two petitions “without the consent of the prosecuting attorney,” implying that with prosecutor agreement, further modifications may be possible. In practice, however, it is rare to go beyond the two petitions unless the prosecutor actively supports the change.)
• Violent offenders: As noted above, a violent offender gets one petition within the first year without needing prosecutor consent. Beyond that, every modification attempt will require the prosecutor’s approval. There isn’t a hard numeric cap like the two-for-nonviolent rule, but practically speaking, multiple requests are unlikely to be entertained by prosecutors. Violent offenders should make that one free petition count, since later they’ll have to convince the state to agree before a judge even considers a modification.
• Special exception for juvenile offenders: Indiana law does provide a special break for individuals who were convicted in adult court for crimes committed as minors (under age 18). If such a person has already served a very long term – at least 15 years (or 20 years if the conviction was for murder) – they are allowed to file an additional sentence modification petition without the prosecutor’s consent beyond the usual limits. This acknowledges the potential for significant growth and change in people who were very young when they offended. For families of inmates who went into prison as teenagers, this provision offers hope for a second look even after many years. (Time served is calculated as actual years in prison, not counting credit time reductions.)

Bottom line: For non-violent offenders, you essentially have two shots at a modification (no more than one per year) without needing any sign-off from the prosecutor. For violent offenders, you have one shot in the first year without needing consent, and after that the prosecutor becomes the gatekeeper. Plan and time your petitions wisely. It’s often beneficial to wait until you have strong evidence of improvement before using up a precious petition, rather than rushing in too early.

Sentence Modifications and Plea Agreements

Another key factor in sentence modifications is how the original sentence was imposed – specifically, whether it was the result of a plea bargain. Many criminal cases end in a plea agreement where the defendant agrees to plead guilty under certain terms, which often include an agreed sentence or a sentencing range. Indiana’s modification law acknowledges these agreements:

• If you were convicted at trial or took an “open” plea (meaning you pled guilty without a fixed sentence, leaving sentencing up to the judge), the court has full authority to modify your sentence later within the normal legal range for your offense. The judge cannot increase your sentence, but they can reduce or change it in any way that would have been legally allowed at the original sentencing. For example, they could cut down the length of incarceration or suspend the remainder of the sentence to probation, since those options were available at the time of your original sentencing.
• If you were sentenced under a fixed-term plea agreement, the situation is different. By law, the judge may not modify a sentence in a way that’s inconsistent with the plea agreement without the prosecutor’s consent. In practical terms, this means if you accepted a plea deal that specified a particular sentence (or a minimum sentence), the court cannot later reduce your sentence below what you and the State agreed to, unless the prosecuting attorney agrees to the change. For instance, imagine you took a plea deal for a 10-year sentence – the judge cannot on their own later cut it to 5 years because that would violate the terms of the agreement. The prosecutor’s approval would be required to make such a modification. This doesn’t mean modification is impossible, but it does mean your attorney will likely need to negotiate with the prosecutor to support or at least not object to the reduction. Often, if an inmate has shown exemplary rehabilitation or there are compelling reasons, a prosecutor may be persuaded to agree to a modification even for a sentence that was originally fixed by a plea deal.
• No-Modification clauses in pleas are void: It’s worth noting that Indiana law explicitly forbids “waiving” the right to seek sentence modification as part of a plea bargain. In the past, some plea agreements included clauses where defendants gave up any future right to ask for a sentence reduction. Such clauses are now invalid and unenforceable. So even if your plea paperwork (or the judge’s remarks) suggested you cannot later modify your sentence, state law says you still have the right to petition. The only limitation is the one just discussed – you can’t get relief that contradicts the core terms of the plea deal unless the prosecutor consents. But you absolutely can still file for a modification, present evidence of your good conduct, and ask the court for leniency. Do not be discouraged by any language in your plea agreement about modifications; the statute overrides it.

In summary, those who went to trial or had open pleas have more flexibility in sentence modifications, while those who took negotiated plea deals face the additional step of obtaining prosecutor agreement for any modification that falls outside the original deal. An experienced attorney can review the specifics of your plea agreement to determine what types of modifications (if any) are “authorized” by that agreement, and what might require negotiating with the prosecution. Even in tough cases, a well-presented modification request can sometimes convince all parties that a reduced sentence is fair.

Strategies for a Successful Sentence Modification Petition

Securing a sentence modification is not easy – you must convince the judge (and sometimes the prosecutor) that a shorter sentence is warranted. Here are practical steps and strategy tips for inmates to strengthen a modification request:

• Maintain Excellent Conduct: The first thing the court will see is the Department of Correction conduct report. Avoid disciplinary write-ups and show a record of good behavior. A clean conduct record (no fights, no rule violations) demonstrates maturity and rehabilitation. If you’ve been infraction-free for a long period, it will strongly support your case.
• Complete Programs and Education: Take full advantage of any programs offered in prison. This can include educational courses (GED, college classes), vocational training (learning a trade), and rehabilitative programs (substance abuse treatment, anger management, etc.). Each program you complete results in a certificate or record. Collect those certificates – they are tangible proof of your efforts to improve yourself. When you petition for modification, you can submit these documents to show the judge how you’ve spent your time productively.
• Seek Positive Evaluations: Prison staff observations can carry weight. Work towards gaining positive performance reviews from work supervisors, counselors, or case managers in the facility. For example, if you have a job assignment (like kitchen, library, or maintenance work), be reliable and industrious – a letter or report from a supervisor noting your good work ethic or trustworthiness can be a great supporting exhibit. Similarly, if a counselor or program leader can vouch for your attitude and participation, that’s valuable.
• Document Personal Growth: Reflect on how you have changed since incarceration.  Keep a journal of accomplishments and milestones (sobriety anniversaries, completion of any personal goals, mentoring roles to other inmates, etc.). While courts will not allow personal letters from the inmate that are not introduced as part of a pleading or at a hearing, discussing these points through your attorney or in testimony can personalize your rehabilitation story.
• Plan for Reentry: Courts want to be assured that if they shorten a sentence, the individual will succeed outside. Start building a reentry plan well before you file for modification. This could include having a job offer or employment plan, a stable place to live (for example, a family member has agreed to provide housing), and continued counseling or support lined up in the community. If you have family support, even better – note who you will live with and what positive structure you’ll have upon release. A solid plan can alleviate a judge’s concern that releasing you early might pose a risk or lead to failure.
• Gather Letters of Support: Letters or statements from people outside of prison can greatly bolster your petition. These might include letters from family members describing positive changes they’ve observed in you, offers of support or employment from community members, or even letters from victims (in rare cases where appropriate and if they are supportive). Focus on quality over quantity – a few genuine, detailed letters from respected individuals (employers, pastors, mentors, teachers, or family friends) explaining why they believe you are ready to rejoin society can be very persuasive.
• Highlight Any Hardships or New Evidence: If there are compelling humanitarian reasons, bring them forward. Serious health problems can be a reason for modification – for instance, if you developed a chronic illness that prison cannot adequately treat, early release might be considered. Extreme family hardships can also be noted (for example, if you are the sole potential caregiver for an ailing parent or a child facing difficulties). Also, if any new evidence has emerged regarding your case or sentence (perhaps changes in forensic evidence or new case law reducing the severity of penalties for your offense), discuss these with your attorney to include any relevant arguments.

Every case is different, but the overarching theme is to prove to the court that you have earned a second chance. You want to show that you are not the same person who was originally sentenced – you’ve grown, learned, and will be a law-abiding, productive member of society if given the opportunity.

Tips for Family Members Supporting an Inmate’s Modification

Families play a crucial role in the sentence modification process. If your loved one is incarcerated and hoping to reduce their sentence, here’s how you can help:

• Stay Informed on Eligibility Timing: Make sure you understand when your loved one can file for modification. Mark important dates, such as one year from the sentencing date (critical for violent offenders’ one-time petition) or the earliest date they become eligible under any special provisions. Also, find out if a prior petition was already filed – remember that non-violent offenders only get two chances without prosecutor consent. Being clear on the timeline will help you and your attorney plan the petition for the optimal time. For example, if your loved one just entered prison, it might be wise to wait until they’ve served enough time to demonstrate rehabilitation (and accumulate program completions) rather than rushing. Conversely, if the one-year window for a violent offense is approaching, you don’t want to miss that deadline. Keep a calendar and discuss timing with the attorney regularly.
• Collect Documentation of Achievements: Start gathering all evidence of your loved one’s positive activities in prison. This includes certificates from educational programs or vocational training, letters or report cards from classes, proof of any degrees earned, and even simple things like a list of books they’ve read or skills they’ve learned. If your loved one has received any special recognition (for example, “Inmate of the Month” awards or a letter of appreciation from a staff member), save those too. You can usually get copies of certificates directly from your loved one via mail, or the prison may issue transcripts of completed courses. Organize these materials; they will likely be submitted to the court as exhibits to show the inmate’s effort towards self-improvement.
• Help Secure Letters of Support: As family, you can reach out to others who might write support letters. Identify people who have positive things to say about your loved one’s character or the support system waiting for them. This could be employers willing to hire them, community or religious leaders who will mentor them, neighbors who can attest to the good they’ve seen in them, or relatives who rely on them. Make sure each person writes their own letter, in their own words, explaining who they are, their relationship to the inmate, and why they believe the inmate deserves a sentence reduction. You can collect these letters and provide them to the attorney to include with the petition. (Tip: Quality matters – encourage letter writers to be honest, specific, and positive, and to avoid simply criticizing the original sentence. The best letters focus on the person’s growth and future, not re-arguing the past.)
• Coordinate with the Attorney: Maintain open communication with your loved one’s lawyer. As family, you may sometimes learn about the inmate’s accomplishments before the attorney does. Pass along any new certificates, updates on behavior (for instance, “John was selected as a tutor for other inmates in the GED program”), or other news that could support the case. Similarly, keep the attorney updated on the home front: if you’ve arranged a job or housing for your loved one, or if there’s been a change in family circumstances that is relevant, let them know right away. The attorney can incorporate this information into the petition or have you prepare a statement. By working closely with legal counsel, you ensure no positive detail is overlooked.
• Provide a Stable Reentry Plan: You can greatly help by setting up a stable environment for your loved one’s potential release. Courts want to know that an inmate who gets out early will have structure and support. If you can offer a place for them to live, put it in writing (a simple letter stating they are welcome to live with you and that you will help support them as they transition). If you have connections to a job opportunity, get a letter from the employer expressing intent to hire. Show that the family and community are ready to help the inmate get back on their feet. Families can also arrange things like enrollment in community programs (for example, lining up a spot in a substance abuse counseling group if that’s needed) so the judge sees a concrete plan.
• Attend Hearings and Show Support: If the court schedules a hearing on the modification petition, family presence can make a meaningful impression. Your respectful attendance in the courtroom demonstrates to the judge that the inmate has people who care about them and will hold them accountable. In some cases, family members may be allowed to speak or testify on behalf of the inmate – if so, prepare what you want to say with the help of the attorney. Even if you do not speak, just being there, perhaps providing a written statement, or having the attorney note your support, can underline that this person is not alone and has a network eager to help them succeed.
• Be Patient and Stay Positive: The modification process can take time and the outcome is never guaranteed. Prepare yourself (and your incarcerated loved one) for the possibility that the judge might deny the petition or require more time to see continued good behavior. If a first attempt fails, don’t lose hope – remember, non-violent offenders have a second chance to apply down the line. Use any denial as feedback: often, a denial without prejudice will signal that it might be “too soon” and the judge wants to see a longer track record. Continue encouraging your loved one to keep up the good work and stay out of trouble. Your emotional support is invaluable during this process. Celebrate small victories (like completion of programs or passing each year infraction-free) and remind your loved one that rehabilitation is a marathon, not a sprint. A sincere, well-prepared second petition a year later could very well succeed where an earlier one did not.

By taking these steps, families can significantly strengthen a sentence modification petition. Your involvement can provide the courts with a fuller picture of the person behind the inmate ID number – a picture of someone who is loved, has grown, and has a community waiting to help them.

Contact Us for Help with Sentence Modifications in Indiana

A sentence modification can literally be life-changing – it could mean your family member comes home months or years earlier than expected. However, achieving a modification requires navigating complex legal rules, strict timelines, and persuasive advocacy. This is where our experienced Indiana criminal defense team comes in. We have a deep understanding of Indiana Code § 35-38-1-17 and the latest developments in the law. More importantly, we know how to build a compelling case that highlights our client’s rehabilitation and positive change.

We will evaluate you or your loved one’s eligibility and advise on the best timing for a petition. We will help gather the evidence needed – from prison records to personal letters – and craft a powerful narrative to present to the judge. If prosecutor approval is required, we will handle the negotiations and use our experience to advocate for the State’s cooperation. We guide families and incarcerated clients through every step, keeping you informed and involved.

Let us help you seize this opportunity to reduce the sentence and reunite your family sooner. Time is of the essence, especially if certain windows (like the 365-day period for violent offenses) are in play.

Contact us today for a consultation. We will answer your questions in clear terms, and if a sentence modification is viable, we’ll fight for the second chance your loved one deserves.

Don’t navigate this challenging process alone – our dedicated team is here to stand by your side and pursue justice and mercy through Indiana’s sentence modification law. Call 317-718-7000 or fill out our online form now to get started. Let’s work together to bring your loved one home.