Sec. 1.3. (a) For purposes of this chapter, "advisory sentence" means a guideline sentence that the court may voluntarily consider when imposing a sentence.
(b) Except as provided in subsection (c), a court is not required to use an advisory sentence.
(c) In imposing:
(1) consecutive sentences for felony convictions that are not crimes of violence (as defined in IC 35-50-1-2(a)) arising out of an episode of criminal conduct, in accordance with IC 35-50-1-2; or
(2) 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.
(d) This section does not require a court to use an advisory sentence in imposing consecutive sentences for felony convictions that do not arise out of an episode of criminal conduct.
As added by P.L.71-2005, SEC.5. Amended by P.L.178-2007, SEC.4; P.L.168-2014, SEC.110; P.L.109-2015, SEC.56.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders
35-50-2-0.1. Application of Certain Amendments to Chapter
35-50-2-0.2. Effect of Addition of Section 7.1 of Chapter and Amendment of Chapter by p.l.328-1985
35-50-2-0.3. Content of Juvenile Record
35-50-2-1.3. "Advisory Sentence"
35-50-2-1.4. "Criminal Organization"
35-50-2-1.5. "Individual With an Intellectual Disability"
35-50-2-1.8. "Sex Offense Against a Child"
35-50-2-2.1. Suspension; Persons With Juvenile Record
35-50-2-2.2. Suspension of a Sentence for a Felony
35-50-2-4. Class a Felony; Level 1 Felony
35-50-2-5. Class B Felony; Level 3 Felony
35-50-2-6. Class C Felony; Level 5 Felony; Commission of Nonsupport of Child as Class D Felony
35-50-2-7. Class D Felony; Level 6 Felony; Judgment of Conviction Entered as a Misdemeanor
35-50-2-9. Death Penalty Sentencing Procedure
35-50-2-12. Characteristics of Incarcerated Offenders; Publication of Findings
35-50-2-13. Use of Firearms in Controlled Substance Offenses Under Ic 35-48-4-1 Through Ic 35-48-4-4
35-50-2-14. Repeat Sexual Offender
35-50-2-15. Criminal Organization Enhancement
35-50-2-16. Termination of a Human Pregnancy; Enhancement
35-50-2-17. Sentencing Alternatives for Offenders Less Than 18 Years of Age
35-50-2-18. "Felony Terrorist Offense"; Charging Procedure; Sentence