Sec. 7. If the defendant is convicted, and upon the victim’s request, the victim shall be notified, if applicable, of the following:

(1) The function of the presentence report.

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Indiana Code 35-40-6-7

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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.
(2) The name and telephone number of the probation department that is preparing the presentence report.

(3) The right to make a victim impact statement under IC 35-38-1-8.5.

(4) The defendant’s right to review the presentence report.

(5) The victim’s right to review the presentence report, except those parts excised by the court or made confidential by IC 35-40-5-6.

(6) The victim’s right to be present and heard at any sentencing procedure under IC 35-40-5-5.

(7) The time, place, and date of the sentencing proceeding.

As added by P.L.139-1999, SEC.1. Amended by P.L.14-2000, SEC.71.