Indiana statute
Ind. Code § 35-40-5-5 — Right to be heard at sentencing or release; presence of defendant
Current through 2026 Regular Session
Part of Chapter 5: Victim Rights, Indiana Code.
Full text of Ind. Code § 35-40-5-5
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. 5. (a) A victim has the right to be heard at any proceeding involving sentencing, a postconviction release decision, or a pre-conviction release decision under a forensic diversion program. (b) The defendant shall be present in the courtroom while a victim makes a statement concerning the crime and the sentence under this section, unless the defendant presents a safety risk or causes a significant disruption. (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 (b) does not prohibit a court from sentencing a defendant who is absent from the courtroom.
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