Current through P.L. 171-2024
Section 35-38-1-8 - Presentence report to be considered by court before sentencing; advisement of victim of right to make statement(a) Except as provided in subsection (c), a defendant convicted of a felony may not be sentenced before a written presentence report is prepared by a probation officer and considered by the sentencing court. Delay of sentence until a presentence report is prepared does not constitute an indefinite postponement or suspension of sentence.(b) A victim present at sentencing in a felony or misdemeanor case shall be advised by the court of a victim's right to make a statement concerning the crime and the sentence.(c) A court may sentence a person convicted of a Level 6 felony without considering a written presentence report prepared by a probation officer. However, if a defendant is committed to the department of correction or a community corrections program under IC 35-38-2.6, the probation officer shall prepare a report that meets the requirements of section 9 of this chapter to be sent with the offender to the department in lieu of the presentence investigation report required by section 14 of this chapter.Amended by P.L. 158-2013, SEC. 395, eff. 7/1/2014.As added by P.L. 311-1983, SEC.3. Amended by P.L. 131-1985, SEC.16; P.L. 240-1991 (ss2), SEC.90; P.L. 104-1997, SEC.6.