"Recommendation" and "victim" defined; presentence
investigation matters; certification by probation officer when no
written statements submitted
Sec. 9. (a) As used in this chapter, "recommendation" and
"victim" have the meanings set out in IC 35-35-3-1.
(b) The presentence investigation consists of the gathering of
information with respect to:
(1) the circumstances attending the commission of the offense;
(2) the convicted person's history of delinquency or criminality,
social history, employment history, family situation, economic
status, education, and personal habits; and
(3) the impact of the crime upon the victim.
(c) The presentence investigation may include any matter that the
probation officer conducting the investigation believes is relevant to
the question of sentence, and must include:
(1) any matters the court directs to be included;
(2) any written statements submitted to the prosecuting attorney
by a victim under IC 35-35-3;
(3) any written statements submitted to the probation officer by
a victim; and
(4) preparation of the victim impact statement required under
section 8.5 of this chapter.
(d) If there are no written statements submitted to the probation
officer, he shall certify to the court:
(1) that he has attempted to contact the victim; and
(2) that if he has contacted the victim he has offered to accept
the written statements of the victim or to reduce his oral
statements to writing, concerning the sentence, including the
acceptance of any recommendation.
(e) A presentence investigation report prepared by a probation
officer must include the information and comply with any other
requirements established in the rules adopted under IC 11-13-1-8.
As added by P.L.311-1983, SEC.3. Amended by P.L.36-1990,
SEC.13; P.L.240-1991(ss2), SEC.91; P.L.216-1996, SEC.13.
Last modified: May 24, 2006