§ 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
§ 35-38-1-6 Judgment and sentence when defendant charged and found guilty of offense and included offense
§ 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
§ 35-38-1-11 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
§ 35-38-1-21 Home detention; petition and hearing
§ 35-38-1-22 Juveniles; service of misdemeanor sentences in juvenile detention facilities
§ 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
§ 35-38-1-27 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
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Terms Used In Indiana Code > Title 35 > Article 38 > Chapter 1 - Entry of Judgment and Sentencing

  • Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • medical record: means written or printed information possessed by a provider (as defined in IC 16-18-2-295) concerning any diagnosis, treatment, or prognosis of the patient, unless otherwise defined. See Indiana Code 1-1-4-5
  • minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • 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.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • recommendation: has the meaning set forth in Indiana Code 35-38-1-9
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.
  • 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.
  • victim representative: means a person designated by a sentencing court who is:

    Indiana Code 35-38-1-2

  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5