Presentence report to be considered by court before sentencing;
advisement of victim of right to make statement
Sec. 8. (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 Class D 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.
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.
Last modified: May 24, 2006