Advisory sentences
Sec. 1.3. (a) For purposes of sections 3 through 7 of this chapter,
"advisory sentence" means a guideline sentence that the court may
voluntarily consider as the midpoint between the maximum sentence
and the minimum sentence.
(b) Except as provided in subsection (c), a court is not required to
use an advisory sentence.
(c) In imposing:
(1) consecutive sentences in accordance with IC 35-50-1-2;
(2) an additional fixed term to an habitual offender under
section 8 of this chapter; or
(3) an additional fixed term to a repeat sexual offender under
section 14 of this chapter;
a court is required to use the appropriate advisory sentence in
imposing a consecutive sentence or an additional fixed term.
However, the court is not required to use the advisory sentence in
imposing the sentence for the underlying offense.
As added by P.L.71-2005, SEC.5.
Last modified: May 24, 2006