Ind. Code ch. 31-30-3

in effect

Ind. Code § 31-30-3-1 Waiver of jurisdiction defined

Sec. 1. Waiver of jurisdiction refers to an order of the juvenile court that waives the case to a court that would have jurisdiction had the act been committed by an adult. Waiver is for the offense charged and all included offenses. [Pre-1997 Recodification Citation: 31-6-2-4(a).] As added by P.L.1-1997, SEC.13.

Ind. Code § 31-30-3-2 Heinous or aggravated act, or act as part of repetitive pattern of delinquent acts

Sec. 2. Upon motion of the prosecuting attorney and after full investigation and hearing, the juvenile court may waive jurisdiction if it finds that: (1) the child is charged with an act that is a felony: (A) that is heinous or aggravated, with greater weight given to acts against the person than to acts against property; or (B) that is a part of a repetitive pattern of delinquent acts, even though less serious; (2) the child was at least fourteen (14) years of age when the act charged was allegedly committed; (3) there is probable cause to believe that the child committed the act; (4) the child is beyond rehabilitation under the juvenile justice system; and (5) it is in the best interests of the safety and welfare of the community that the child stand trial as an adult. [Pre-1997 Recodification Citation: 31-6-2-4(b).] As added by P.L.1-1997, SEC.13. Amended by P.L.67-2008, SEC.3.

Ind. Code § 31-30-3-3 Act that would be felony relating to controlled substances

Sec. 3. Upon motion of the prosecuting attorney and after a full investigation and a hearing, the court may waive jurisdiction if it finds that: (1) the child is charged with an act that, if committed by an adult, would be a felony under IC 35-48-4; (2) there is probable cause to believe that the child has committed the act; (3) the child was at least sixteen (16) years of age when the act was allegedly committed; and (4) it is in the best interests of the safety and the welfare of the community for the child to stand trial as an adult. [Pre-1997 Recodification Citation: 31-6-2-4(c).] As added by P.L.1-1997, SEC.13.

Ind. Code § 31-30-3-4 Act that would be murder

Sec. 4. Upon motion of the prosecuting attorney and after full investigation and hearing, the juvenile court shall waive jurisdiction if it finds that: (1) the child is charged with an act that would be murder if committed by an adult; (2) there is probable cause to believe that the child has committed the act; and (3) the child was at least twelve (12) years of age when the act charged was allegedly committed; unless it would be in the best interests of the child and of the safety and welfare of the community for the child to remain within the juvenile justice system. [Pre-1997 Recodification Citation: 31-6-2-4(d).] As added by P.L.1-1997, SEC.13. Amended by P.L.187-2015, SEC.26.

Ind. Code § 31-30-3-5 Waiver of jurisdiction for certain acts; exceptions

Sec. 5. Except for those cases in which the juvenile court has no jurisdiction in accordance with IC 31-30-1-4, the court shall, upon motion of the prosecuting attorney and after full investigation and hearing, waive jurisdiction if it finds that: (1) the child is charged with an act that, if committed by an adult, would be: (A) a Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony, except a felony defined by IC 35-48-4; (B) involuntary manslaughter as a Level 5 felony under IC 35-42-1-4; (C) reckless homicide as a Level 5 felony under IC 35-42-1-5; (D) unlawful carrying of a handgun as a felony under IC 35-47-2-1.5; or (E) dangerous possession of a firearm as a felony under IC 35-47-10; (2) there is probable cause to believe that the child has committed the act; and (3) the child was at least sixteen (16) years of age when the act charged was allegedly committed; unless it would be in the best interests of the child and of the safety and welfare of the community for the child to remain within the juvenile justice system. [Pre-1997 Recodification Citation: 31-6-2-4(e).] As added by P.L.1-1997, SEC.13. Amended by P.L.158-2013, SEC.316; P.L.148-2024, SEC.16; P.L.158-2026, SEC.26.

Ind. Code § 31-30-3-6 Act that would be felony and prior felony or nontraffic misdemeanor conviction

Sec. 6. Upon motion by the prosecuting attorney, the juvenile court shall waive jurisdiction if it finds that: (1) the child is charged with an act which would be a felony if committed by an adult; and (2) the child has previously been convicted of a felony or a nontraffic misdemeanor. [Pre-1997 Recodification Citation: 31-6-2-4(f).] As added by P.L.1-1997, SEC.13.

Ind. Code § 31-30-3-7 Time limit for making or granting motion to waive jurisdiction

Sec. 7. A motion to waive jurisdiction may not be made or granted after: (1) the child has admitted the allegations in the petition at the initial hearing; or (2) the first witness has been sworn at the factfinding hearing. [Pre-1997 Recodification Citation: 31-6-2-4(g).] As added by P.L.1-1997, SEC.13.

Ind. Code § 31-30-3-8 Order to hold child for proceedings; recognizance bond

Sec. 8. If jurisdiction is waived, the juvenile court: (1) shall order the child held for proceedings in the court to which the child is waived; and (2) may fix a recognizance bond for the child to answer the charge in the court to which the child is waived. [Pre-1997 Recodification Citation: 31-6-2-4(h).] As added by P.L.1-1997, SEC.13.

Ind. Code § 31-30-3-9 Probable cause finding

Sec. 9. The finding of probable cause required to waive jurisdiction is sufficient to establish probable cause in the court to which the child is waived. [Pre-1997 Recodification Citation: 31-6-2-4(i).] As added by P.L.1-1997, SEC.13.

Ind. Code § 31-30-3-10 Waiver order; findings

Sec. 10. A waiver order must include specific findings of fact to support the order. [Pre-1997 Recodification Citation: 31-6-2-4(j).] As added by P.L.1-1997, SEC.13.

Ind. Code § 31-30-3-11 Waiver order; filing

Sec. 11. The prosecuting attorney shall file a copy of the waiver order with the court to which the child has been waived when the prosecuting attorney files the indictment or information. [Pre-1997 Recodification Citation: 31-6-2-4(k).] As added by P.L.1-1997, SEC.13.

Ind. Code § 31-30-3-12 Secure facility; adult inmates

Sec. 12. (a) The following definitions apply throughout this section: (1) "Juvenile arrestee" means a child who: (A) is less than eighteen (18) years of age; (B) has been charged as an adult; and (C) is awaiting trial, sentencing, or other legal process. (2) "Sight or sound contact with adult inmates" means any: (A) physical; (B) clear visual; or (C) verbal; contact between a juvenile arrestee and an adult inmate that is not brief and inadvertent. (b) A juvenile arrestee who is housed in a secure facility may not be held in: (1) an adult facility, except as provided in IC 31-37-7-2; or (2) a facility that permits sight or sound contact with adult inmates; unless a court finds, after a hearing, that it is in the best interests of justice for the juvenile arrestee to be housed in an adult facility or a facility permitting sight or sound contact with adult inmates. If a court orders a juvenile arrestee to be housed in an adult facility or a facility permitting sight or sound contact with adult inmates, the court shall issue its decision in writing. (c) In making a determination under subsection (b), the court shall consider: (1) the age of the juvenile arrestee; (2) the physical and mental maturity of the juvenile arrestee; (3) the present mental state of the juvenile arrestee, including whether the juvenile arrestee presents an imminent risk of harm to the arrestee or others; (4) the nature and circumstances of the alleged offense; (5) any prior history of delinquent or criminal acts of the juvenile arrestee; (6) the relative ability of the available adult and juvenile detention facilities to not only meet the specific needs of the juvenile but also to protect the safety of the public as well as the safety of other detained youth; and (7) any other relevant factors. (d) If a court determines it is in the best interests of justice for the juvenile arrestee to be housed in an adult facility or a facility permitting sight or sound contact with adult inmates, the court may order that the juvenile arrestee be held in an adult facility or a facility permitting sight or sound contact with adult inmates for not more than one hundred eighty (180) days. (e) The court may extend the one hundred eighty (180) day period described in subsection (d) for one (1) or more additional sixty (60) day periods, if the court finds, in writing, that there is good cause to extend the juvenile arrestee's placement in an adult facility or a facility permitting sight or sound contact with adult inmates. However, the juvenile arrestee may waive the good cause requirement if the juvenile arrestee prefers to keep the same placement. (f) If the court orders a juvenile arrestee to be held under subsection (d) or (e), the court shall hold a hearing at least one (1) time every thirty (30) days to review whether it is still in the interests of justice to house the arrestee in the adult facility or the facility permitting sight or sound contact with adult inmates. As added by P.L.157-2021, SEC.1.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026