Indiana § 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

Indiana Statutes

§ 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

Indiana § 35-38-1-12

Art. 38PROCEEDINGS FOLLOWING DISMISSAL,

Ch. 1Entry of Judgment and Sentencing

This text of Indiana § 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) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-38-1-12 (2026).

Text

(a)Before imposing sentence, the court shall:

(1)advise the defendant or his counsel and the prosecuting attorney of the factual contents and conclusions of the presentence investigation; or

(2)provide the defendant or his counsel and the prosecuting attorney with a copy of the presentence report. The court also shall offer the victim, if present, an opportunity to make a statement concerning the crime and the sentence.

(b)The sources of confidential information need not be disclosed. The court shall furnish the factual contents of the presentence investigation or a copy of the presentence report sufficiently in advance of sentencing so that the defendant will be afforded a fair opportunity to controvert the material included.

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(a) Before imposing sentence, the court
shall:
(1) advise the defendant or his counsel and the prosecuting
attorney of the factual contents and conclusions of the
presentence investigation; or
(2) provide the defendant or his counsel and the prosecuting
attorney with a copy of the presentence report.
The court also shall offer the victim, if present, an opportunity to make
a statement concerning the crime and the sentence.
(b) The sources of confidential information need not be disclosed.
The court shall furnish the factual contents of the presentence
investigation or a copy of the presentence report sufficiently in advance
of sentencing so that the defendant will be afforded a fair opportunity
to controvert the material included.