Presentence investigation; notice to victim; victim impact
statement; contents
Sec. 8.5. (a) A probation officer who is conducting a presentence
investigation shall send written notification of the following to each
victim or each victim representative designated by the court under
section 2(e) of this chapter:
(1) The date, time, and place of the sentencing hearing set by
the court.
(2) The right of the victim or victim representative to make an
oral or written statement to the court at the sentencing hearing.
(3) The right of the victim or victim representative to submit or
refuse to submit to the probation officer a written or oral
statement of the impact of the crime upon the victim for
inclusion by the probation officer in a victim impact statement.
(b) The notification required by subsection (a) must be sent at
least seven (7) days before the date of the sentencing hearing to the
last known address of the victim or the victim representative.
(c) The probation officer shall prepare a victim impact statement
for inclusion in the convicted person's presentence report. The victim
impact statement consists of information about each victim and the
consequences suffered by a victim or a victim's family as a result of
the crime.
(d) Unless the probation officer certifies to the court under section
9 of this chapter that a victim or victim representative could not be
contacted or elected not to submit a statement to the probation officer
concerning the crime, the victim impact statement required under this
section must include the following information about each victim:
(1) A summary of the financial, emotional, and physical effects
of the crime on the victim and the victim's family.
(2) Personal information concerning the victim, excluding
telephone numbers, place of employment, and residential
address.
(3) Any written statements submitted by a victim or victim
representative to the probation officer.
(4) If the victim desires restitution, the basis and amount of a
request for victim restitution.
(e) A victim or victim representative is not required to submit a
statement or to cooperate in the preparation of the victim impact
statement required under this section.
As added by P.L.36-1990, SEC.12. Amended by P.L.216-1996,
SEC.12.
Last modified: May 24, 2006