Title 35, TITLE 35. CRIMINAL LAW AND PROCEDURE

conclusions; copy of presentence report; opportunity for victim to make statement; sources of confidential information 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 conclusi…

Sec. 13. (a) Any: (1) presentence report or memoranda; and (2) report of a physical or mental examination; submitted to the court in connection with sentencing shall be kept confidential. (b) The materials specified in subsection (a) may not be made available to any person or pub…

department of correction Sec. 14. (a) If a convicted person is sentenced to a term of imprisonment, the court shall send a copy of: (1) the presentence report; (2) any presentence memorandum filed by the convicted person; (3) the report of any physical or mental examination made …

Sec. 15. If the convicted person is erroneously sentenced, the mistake does not render the sentence void. The sentence shall be corrected after written notice is given to the convicted person. The convicted person and his counsel must be present when the corrected sentence is ord…

Sec. 16. Whenever: (1) a court corrects an erroneous sentence or modifies a previously imposed sentence; and (2) the convicted person is incarcerated or is to be incarcerated by the department of correction; the court shall immediately send certified copies of the corrected or mo…

offenders Sec. 17. (a) Notwithstanding IC 1-1-5.5-21, this section applies to a person who: (1) commits an offense; or (2) is sentenced; before July 1, 2014. (b) This section does not apply to a credit restricted felon. (c) Except as provided in subsections (k) and (m), this sect…

fine; default Sec. 18. (a) Except as provided in subsection (b), whenever the court imposes a fine, it shall conduct a hearing to determine whether the convicted person is indigent. If the person is not indigent, the court shall order: (1) that the person pay the entire amount at…

increased penalty; imprisonment pending sentencing Sec. 2. (a) As used in this chapter, "victim representative" means a person designated by a sentencing court who is: (1) a spouse, parent, child, sibling, or other relative of; or (2) a person who has had a close personal relatio…

Sec. 2.5. (a) As used in this section, "crime of deception" means any offense in which a person assumes the identity of another person, professes to be another person, uses the identifying information of another person, or falsely suggests that the person is acting with the autho…

As added by P.L.50-1984, SEC.6. Repealed by P.L.305-1987, SEC.38.

Sec. 21. (a) A court that receives a petition from the department of correction under IC 35-38-3-5 may, after notice to the prosecuting attorney of the judicial circuit in which the defendant's case originated, hold a hearing for the purpose of determining whether the offender na…

detention facilities Sec. 22. A court that imposes a sentence for conviction of a misdemeanor upon a person who is less than eighteen (18) years of age may enter an order requiring that the convicted person serve the sentence in a juvenile detention facility established under IC …

As added by P.L.240-1991(ss2), SEC.93. Amended by P.L.164-1993, SEC.8; P.L.243-1993, SEC.1; P.L.1-1994, SEC.166. Repealed by P.L.183-1999, SEC.4.

Sec. 24. (a) This section applies to a person if the most serious offense for which the person is committed is a Class C or Class D felony (for a crime committed before July 1, 2014) or a Level 5 or Level 6 felony (for a crime committed after June 30, 2014). (b) Not later than fo…

Level 4 felony Sec. 25. (a) This section applies to a person if the most serious offense for which the person is committed is murder, a Class A felony, or a Class B felony (for a crime committed before July 1, 2014), or a Level 1, Level 2, Level 3, or Level 4 felony (for a crime …

As added by P.L.273-1999, SEC.212. Repealed by P.L.90-2000, SEC.25.

sentence Sec. 27. (a) If a court imposes a sentence that does not involve a commitment to the department of correction, the court shall require a person: (1) who is described in IC 10-13-6-10(a); and (2) who has not previously provided a DNA sample in accordance with IC 10-13-6; …

transmission of fingerprints to prosecuting attorney and department of correction; immunity Sec. 28. (a) Except as provided in subsection (c), immediately after sentencing a defendant for an offense, the court shall order the defendant to be fingerprinted by an individual qualifi…

the department of correction Sec. 29. (a) This section applies only to a sexually violent predator, including a person who is a sexually violent predator by operation of law for committing an offense under IC 35-38-1-7.5(b). (b) If a court imposes a sentence on a person described…

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 t…

Sec. 30. A sentencing court may require that, as a condition of a person's executed sentence, the person shall refrain from any direct or indirect contact with an individual. As added by P.L.104-2008, SEC.21.

Sec. 31. (a) If a court imposes on a person convicted of a felony a sentence that involves a commitment to the department of correction, the court shall complete an abstract of judgment in an electronic format approved by the department of correction and the office of judicial ad…

Sec. 32. A sentencing court shall inform a person who is convicted of or pleads guilty to the following offenses that the offense could qualify them as a habitual violator under IC 9-30-10: (1) Reckless homicide resulting from the operation of a motor vehicle. (2) Voluntary or in…

Sec. 33. (a) As used in this section, "offender" means an individual convicted of a sex offense. (b) As used in this section, "sex offense" has the meaning set forth in IC 11-8-8-5.2. (c) An offender may petition for waiver of the residency restriction described in IC 35-46-1-15.…

pronouncement of sentence against defendant corporation Sec. 4. (a) The defendant must be personally present at the time sentence is pronounced. If the defendant is not personally present when sentence is to be pronounced, the court may issue a warrant for his arrest. (b) Sentenc…

defendant's statement Sec. 5. When the defendant appears for sentencing, the court shall inform the defendant of the verdict of the jury or the finding of the court. The court shall afford counsel for the defendant an opportunity to speak on behalf of the defendant. The defendant…

guilty of offense and included offense Sec. 6. Whenever: (1) a defendant is charged with an offense and an included offense in separate counts; and (2) the defendant is found guilty of both counts; judgment and sentence may not be entered against the defendant for the included of…

As added by P.L.311-1983, SEC.3. Amended by P.L.332-1983, SEC.2; P.L.181-1984, SEC.1; P.L.284-1985, SEC.2; P.L.131-1985, SEC.15; P.L.320-1987, SEC.1; P.L.123-1988, SEC.24; P.L.184-1989, SEC.23; P.L.351-1989(ss), SEC.3. Repealed by P.L.1-1990, SEC.344.

Sec. 7.1. (a) In determining what sentence to impose for a crime, the court may consider the following aggravating circumstances: (1) The harm, injury, loss, or damage suffered by the victim of an offense was: (A) significant; and (B) greater than the elements necessary to prove …

Sec. 7.5. (a) As used in this section, "sexually violent predator" means a person who suffers from a mental abnormality or personality disorder that makes the individual likely to repeatedly commit a sex offense (as defined in IC 11-8-8-5.2). The term includes a person convicted …

Sec. 7.7. (a) At the time of sentencing, a court shall determine whether a person has committed a crime of domestic violence (as defined in IC 35-31.5-2-78). (b) A determination under subsection (a) must be based upon: (1) evidence introduced at trial; or (2) a factual basis prov…

Sec. 7.8. (a) At the time of sentencing, a court shall determine whether a person is a credit restricted felon (as defined in IC 35-31.5-2-72). (b) A determination under subsection (a) must be based upon: (1) evidence admitted at trial that is relevant to the credit restricted st…

sentencing; advisement of victim of right to make statement Sec. 8. (a) Except as provided in subsection (c), a defendant convicted of a felony may not be sentenced before a written presentence report is prepared by a probation officer and considered by the sentencing court. Dela…

statement; contents Sec. 8.5. (a) A probation officer who is conducting a presentence investigation shall send written notification of the following to each victim or each victim representative designated by the court under section 2(e) of this chapter: (1) The date, time, and pl…

matters; certification by probation officer when no written statements submitted Sec. 9. (a) As used in this chapter, "recommendation" has the meaning set forth in IC 35-31.5-2-272, and "victim" has the meaning set forth in IC 35-31.5-2-348. (b) The presentence investigation cons…

immunodeficiency virus (HIV); sex crimes and controlled substances Sec. 9.5. A probation officer shall obtain confidential information from the Indiana department of health under IC 16-41-8-1 to determine whether a convicted person was an individual with the human immunodeficienc…

Sec. 1. The legislature recognizes that many innocent persons suffer economic loss and personal injury or death as a result of criminal or delinquent acts. It is the intent of the general assembly to do the following: (1) Enact laws that define, implement, preserve, and protect t…

Sec. 1. Except as otherwise provided, the definitions in this article apply throughout this title and to all other statutes relating to penal offenses. As added by P.L.114-2012, SEC.67.

Sec. 1. The following definitions apply throughout this article: (1) "Law enforcement officer" means any of the following: (A) A law enforcement officer (as defined in IC 35-31.5-2-185). (B) A state educational institution police officer appointed under IC 21-39-4. (C) A school c…