Sec. 12. (a) Before imposing sentence, the court shall:
(1) advise the defendant or his counsel and the prosecuting attorney of the factual contents and conclusions of the presentence investigation; or
(2) provide the defendant or his counsel and the prosecuting attorney with a copy of the presentence report.
The court also shall offer the victim, if present, an opportunity to make a statement concerning the crime and the sentence.
(b) The sources of confidential information need not be disclosed. The court shall furnish the factual contents of the presentence investigation or a copy of the presentence report sufficiently in advance of sentencing so that the defendant will be afforded a fair opportunity to controvert the material included.
As added by P.L.311-1983, SEC.3. Amended by P.L.131-1985, SEC.17.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 38. Proceedings Following Dismissal, Verdict, or Finding
Chapter 1. Entry of Judgment and Sentencing
35-38-1-0.1. Application of Certain Amendments to Chapter
35-38-1-1. Judgment of Conviction; Pronouncement of Sentence
35-38-1-1.5. Converting Level 6 Felony to Class a Misdemeanor
35-38-1-2.5. Crime of Deception
35-38-1-3. Presentence Hearing
35-38-1-7.1. Considerations in Imposing Sentence
35-38-1-7.5. Sexually Violent Predators
35-38-1-7.7. Crime of Domestic Violence; Sentence Procedures
35-38-1-7.8. Credit Restricted Felons
35-38-1-8.5. Presentence Investigation; Notice to Victim; Victim Impact Statement; Contents
35-38-1-10. Presentence Investigation; Physical or Mental Examination
35-38-1-11. Presentence Memorandum by Convicted Person
35-38-1-13. Confidentiality of Presentence Report or Memoranda
35-38-1-14. Imprisonment; Transmission of Certain Information to Department of Correction
35-38-1-15. Erroneous Sentence; Nature; Correction
35-38-1-16. Certified Copies of Corrected or Modified Sentence
35-38-1-17. Sentence Modification; Conditions; Not Permitted for Certain Offenders
35-38-1-18. Fines and Costs; Suspension of Fines; Commitment Instead of Fine; Default
35-38-1-21. Home Detention; Petition and Hearing
35-38-1-22. Juveniles; Service of Misdemeanor Sentences in Juvenile Detention Facilities
35-38-1-24. Community Transition Program; Level 5 or Level 6 Felony
35-38-1-25. Community Transition Program; Murder and Level 1 Through Level 4 Felony
35-38-1-27. Persons Required to Provide a DNA Sample as a Condition of a Sentence
35-38-1-30. Sentence; Refrain From Contact
35-38-1-31. Abstracts of Judgment
35-38-1-32. Court Notification of Potential Habitual Violator Offenses