Indiana statute
Ind. Code § 35-38-1-12 — Presentence investigation; advising defendant of contents and conclusions; copy of presentence report; opportunity for victim to make statement; sources of confidential information
Current through 2026 Regular Session
Part of Chapter 1: Entry of Judgment and Sentencing, Indiana Code.
Full text of Ind. Code § 35-38-1-12
Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.
Sec. 12. (a) Before imposing sentence, the court shall: (1) advise the defendant or the defendant's counsel and the prosecuting attorney of the factual contents and conclusions of the presentence investigation; or (2) provide the defendant or the defendant's counsel and the prosecuting attorney with a copy of the presentence report. The court also shall offer the victim, if present, an opportunity to make a statement concerning the crime and the sentence. Except as provided in subsection (c), the defendant shall be present in the courtroom while a victim makes a statement concerning the crime and the sentence under this subsection, unless the defendant presents a safety risk or causes a significant disruption. (b) The sources of confidential information need not be disclosed. The court shall furnish the factual contents of the presentence investigation or a copy of the presentence report sufficiently in advance of sentencing so that the defendant will be afforded a fair opportunity to controvert the material included. (c) If a defendant fails to appear at the sentencing hearing, and is later taken into custody, the sentencing court shall, upon motion by the prosecuting attorney, hold a hearing at which a victim has the right to make a statement in the presence of the defendant concerning the crime and the sentence, unless the defendant presents a safety risk or causes a significant disruption. (d) Subsection (a) does not prohibit a court from sentencing a defendant who is absent from the courtroom.
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