Indiana

Lower Age: None specified

Upper Age: 17


Discretionary Waiver Indiana Code Sec. 31-30-3-1

Sec. 31-30-3-2

Sec. 31-30-3-3

Sec. 31-30-3-4

Sec. 31-30-3-5

Sec. 31-30-3-10

Upon motion of the prosecutor and after investigation and a hearing, the juvenile court may waive jurisdiction over certain specified categories of juveniles. A waiver order must include specific findings of supporting facts. The waiver applies not only to the offense charged but to all lesser included offenses.



In the case of a child who was at least 14 at the time of commission, the court may waive jurisdiction if it finds (1) probable cause to believe the child committed an act that is either "heinous or aggravated" or "part of a repetitive pattern of illegal acts"; (2) that the child is "beyond rehabilitation under the juvenile justice system"; and (3) that it is "in the best interests of the safety and welfare of the community" that the child be tried as an adult.


In the case of a child who was at least 16 at the time of commission, the court may waive jurisdiction if it finds (1) probable cause to believe the child committed a felony relating to controlled substances and (2) that it is "in the best interests of the safety and welfare of the community" that the child be tried as an adult.



In the case of a child of at least 10 accused of murder or a child of at least 16 accused of involuntary manslaughter, reckless homicide, or any nondrug class A or B felony, the juvenile court "shall waive jurisdiction" if it makes the requisite probable cause finding, "unless it would be in the best interests of the child and of the safety and welfare of the community" for the court to deny the waiver. [Note—Although this last provision is not cast in terms of presumptive waiver, it appears to lie somewhere between Indiana's two wholly discretionary provisions (which specify that the court "may" waive) and its wholly mandatory one (which does not contain any "unless" clause or even require a probable cause finding.]


Offense Category Minimum Age Offense Detail

Any Criminal 14 "Heinous or aggravated" act; act that is "part of a repetitive pattern of delinquent acts, even though less serious."

Certain Felonies 16 Class A or B felony.

Murder 10/16 10—Murder.

16—Involuntary manslaughter, reckless homicide.


Mandatory Waiver Indiana Code Sec. 31-30-3-6

Upon motion of the prosecutor, the juvenile court "shall waive jurisdiction" over a case in which (1) a child of any age is charged with a felony and (2) the child has previously been convicted of a felony or nontraffic misdemeanor. [Note—The charge alone is sufficient here; no findings regarding probable cause or the public interest are necessary.]


Offense Category Minimum Age Offense Detail

Certain Felonies None specified Any felony committed by a child previously convicted for a felony or nontraffic misdemeanor.


Statutory Exclusion Indiana Code Sec. 31-30-1-4

The juvenile court has no jurisdiction over a child accused of having committed a statutorily excluded offense after reaching the age of 16. The court having adult criminal jurisdiction over an excluded offense also has jurisdiction over any offense that may be joined to it. The adult court retains jurisdiction even if the child is convicted or pleads guilty to a lesser included offense.


Offense Category Minimum Age Offense Detail

Certain Felonies 16 Active and knowing/intentional participation in a criminal gang.

Murder 16 Murder.

Person 16 Kidnapping, rape, criminal deviate conduct, armed robbery, robbery resulting in bodily injury, carjacking, and criminal gang intimidation.

Drug 16 Dealing in cocaine, narcotic drugs, or Schedule I, II, III, or IV controlled substances.

Weapon 16 Carrying a handgun without a license, dealing in a sawed-off shotgun, and being a child in possession of a handgun or transferring a handgun to a child.


Once an Adult, Always Sec. 31-30-3-6 Indiana Code Sec. 31-30-1-2

The "juvenile law does not apply to" a child who is accused of a crime and has previously been waived to adult court. In addition, even if there was no waiver involved in the previous case, a child who was convicted in adult court of a felony or nontraffic misdemeanor and is subsequently charged with a felony is automatically waived (see Mandatory Waiver).