Presentence investigation; advising defendant of contents and conclusions; copy of presentence report; opportunity for victim to make statement; sources of confidential information
Ind. Code § 35-38-1-12
in effectSec. 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.
As added by P.L.311-1983, SEC.3. Amended by P.L.131-1985, SEC.17; P.L.66-2026, SEC.3.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/35Fetched: 10/17/2026