Indiana Code
Chapter 1. Entry of Judgment and Sentencing
35-38-1-3. Presentence Hearing

Sec. 3. Before sentencing a person for a felony, the court must conduct a hearing to consider the facts and circumstances relevant to sentencing. The person is entitled to subpoena and call witnesses and to present information in his own behalf. The court shall make a record of the hearing, including:
(1) a transcript of the hearing;
(2) a copy of the presentence report; and
(3) if the court finds aggravating circumstances or mitigating circumstances, a statement of the court's reasons for selecting the sentence that it imposes.
As added by P.L.311-1983, SEC.3.

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Structure Indiana Code

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

35-38-1-1.3. Statement of Reasons for Imposing Particular Sentence; Not Required if Advisory Sentence Is Imposed

35-38-1-1.5. Converting Level 6 Felony to Class a Misdemeanor

35-38-1-2. "Victim Representative" Defined; Sentencing; Date; Hearing for Increased Penalty; Imprisonment Pending Sentencing

35-38-1-2.5. Crime of Deception

35-38-1-3. Presentence Hearing

35-38-1-4. Presence of Defendant When Sentence Pronounced; Pronouncement of Sentence Against Defendant Corporation

35-38-1-5. Informing Defendant of Verdict and Court's Finding; Defendant's Statement; Inclusion of Cost of Incarceration in Sentencing Order

35-38-1-6. Judgment and Sentence When Defendant Charged and Found Guilty of Offense and Included Offense

35-38-1-7. Repealed

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. Presentence Report to Be Considered by Court Before Sentencing; Advisement of Victim of Right to Make Statement

35-38-1-8.5. Presentence Investigation; Notice to Victim; Victim Impact Statement; Contents

35-38-1-9. "Recommendation" and "Victim"; Presentence Investigation Matters; Certification by Probation Officer When No Written Statements Submitted

35-38-1-9.5. Confidential Information; Individual With Human Immunodeficiency Virus (Hiv); Sex Crimes and Controlled Substances

35-38-1-10. Presentence Investigation; Physical or Mental Examination

35-38-1-10.5. Screening Test for Serious Diseases; Sex Crimes and Controlled Substances; Confirmatory Test; Presentence Investigation; Privileged Communications; Civil and Criminal Immunity

35-38-1-10.6. Crime Victims; Notice That Criminal Had Antibodies for Human Immunodeficiency Virus (Hiv); Counseling

35-38-1-10.7. Repealed

35-38-1-11. Presentence Memorandum by Convicted Person

35-38-1-12. Presentence Investigation; Advising Defendant of Contents and Conclusions; Copy of Presentence Report; Opportunity for Victim to Make Statement; Sources of Confidential Information

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

35-38-1-19. Repealed

35-38-1-20. Repealed

35-38-1-21. Home Detention; Petition and Hearing

35-38-1-22. Juveniles; Service of Misdemeanor Sentences in Juvenile Detention Facilities

35-38-1-23. Repealed

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

35-38-1-26. Repealed

35-38-1-27. Persons Required to Provide a DNA Sample as a Condition of a Sentence

35-38-1-28. Fingerprinting Required After Sentencing; Exception; Transmission of Fingerprints to Prosecuting Attorney and Department of Correction; Immunity

35-38-1-29. Lifetime Parole for Sexually Violent Predators Not Committed to the Department of Correction

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

35-38-1-33. Sex Offender Residency Waiver