Presentation to and opinion by victim; certification
Sec. 5. (a) As a part of the recommendation submitted to the
court, the prosecuting attorney must certify that he has offered to
show the proposed recommendation to the victims of the felony, if
any, and that they have been offered an opportunity to present their
opinion of the recommendation to the prosecuting attorney and the
court.
(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. The court shall also
offer the victim, if present, an opportunity to make a statement
concerning the crime and the sentence. If unable to attend the
hearing, the victim may mail a written statement to the court, which
must be included in the presentence report made with respect to the
defendant.
(c) However, this section gives no additional rights to the
defendant. Failure to comply gives no grounds for postconviction
relief.
As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.126-1985,
SEC.3.
Last modified: May 24, 2006