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.

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Terms Used In Indiana Code 35-38-1-9

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • recommendation: has the meaning set forth in Indiana Code 35-38-1-9
  • victim: has the meaning set forth in Indiana Code 35-38-1-9
  • Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
     (b) The presentence investigation consists of the gathering of information with respect to:

(1) the circumstances attending the commission of the offense;

(2) the convicted person’s history of delinquency or criminality, social history, employment history, family situation, economic status, education, and personal habits;

(3) the impact of the crime upon the victim; and

(4) whether the convicted person is:

(A) licensed or certified in a profession regulated by IC 25;

(B) licensed under IC 20-28-5; or

(C) employed, or was previously employed, as a teacher (as defined in IC 20-18-2-22(b)) in a school corporation, charter school, or nonpublic school.

     (c) The presentence investigation may include any matter that the probation officer conducting the investigation believes is relevant to the question of sentence, and must include:

(1) any matters the court directs to be included;

(2) any written statements submitted to the prosecuting attorney by a victim under IC 35-35-3;

(3) any written statements submitted to the probation officer by a victim; and

(4) preparation of the victim impact statement required under section 8.5 of this chapter.

     (d) If there are no written statements submitted to the probation officer, the probation officer shall certify to the court:

(1) that the probation officer has attempted to contact the victim; and

(2) that if the probation officer has contacted the victim, the probation officer has offered to accept the written statements of the victim or to reduce the victim’s oral statements to writing, concerning the sentence, including the acceptance of any recommendation.

     (e) A presentence investigation report prepared by a probation officer must include the information and comply with any other requirements established in the rules adopted under IC 11-13-1-8.

     (f) The probation officer shall consult with a community corrections program officer or employee (if there is a community corrections program in the county) regarding services and programs available to the defendant while preparing the presentence investigation report.

As added by P.L.311-1983, SEC.3. Amended by P.L.36-1990, SEC.13; P.L.240-1991(ss2), SEC.91; P.L.216-1996, SEC.13; P.L.155-2011, SEC.10; P.L.114-2012, SEC.77; P.L.179-2015, SEC.14; P.L.185-2017, SEC.8.

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