reglab/housing_qa huggingface dataset:
IN Code § 35-38-1-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-3. Presentence Hearing

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 the hearing, including:(1) a transcript of the hearing;(2) a copy of the presentence report; and(3) if the court finds aggravating circumstances or mitigating circumstances, a statement of the court's reasons for selecting the sentence that it imposes.As added by P.L.311-1983, SEC.3.
IN Code § 35-38-1-4 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-4. Presence of Defendant When Sentence Pronounced; 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) Sentence may be pronounced against a defendant corporation in the absence of counsel, if counsel fails to appear on the date of sentencing after reasonable notice.As added by P.L.311-1983, SEC.3.
IN Code § 35-38-1-5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-5. Informing Defendant of Verdict and Court's Finding; Defendant's Statement; Inclusion of Cost of Incarceration in Sentencing Order

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 may also make a statement personally in the defendant's own behalf and, before pronouncing sentence, the court shall ask the defendant whether the defendant wishes to make such a statement. Sentence shall then be pronounced, unless a sufficient cause is alleged or appears to the court for delay in sentencing.As added by P.L.311-1983, SEC.3. Amended by P.L.85-2004, SEC.6; P.L.105-2010, SEC.10; P.L.13-2013, SEC.137.
IN Code § 35-38-1-6 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-6. Judgment and Sentence When Defendant Charged and Found 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 offense.As added by P.L.311-1983, SEC.3.
IN Code § 35-38-1-7.7 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-7.7. Crime of Domestic Violence; Sentence Procedures

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 provided as part of a guilty plea.(c) Upon determining that a defendant has committed a crime of domestic violence, a court shall advise the defendant of the consequences of this finding.(d) A judge shall record a determination that a defendant has committed a crime of domestic violence on a form prepared by the office of judicial administration.As added by P.L.195-2003, SEC.4. Amended by P.L.114-2012, SEC.76; P.L.161-2018, SEC.121.
IN Code § 35-38-1-7.8 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-7.8. Credit Restricted Felons

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 status;(2) evidence introduced at the sentencing hearing; or(3) a factual basis provided as part of a guilty plea.(c) Upon determining that a defendant is a credit restricted felon, a court shall advise the defendant of the consequences of this determination.As added by P.L.147-2012, SEC.7.
IN Code § 35-38-1-8 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-8. Presentence Report to Be Considered by Court Before 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. Delay of sentence until a presentence report is prepared does not constitute an indefinite postponement or suspension of sentence.(b) A victim present at sentencing in a felony or misdemeanor case shall be advised by the court of a victim's right to make a statement concerning the crime and the sentence.(c) A court may sentence a person convicted of a Level 6 felony without considering a written presentence report prepared by a probation officer. However, if a defendant is committed to the department of correction or a community corrections program under IC 35-38-2.6, the probation officer shall prepare a report that meets the requirements of section 9 of this chapter to be sent with the offender to the department in lieu of the presentence investigation report required by section 14 of this chapter.As added by P.L.311-1983, SEC.3. Amended by P.L.131-1985, SEC.16; P.L.240-1991(ss2), SEC.90; P.L.104-1997, SEC.6; P.L.158-2013, SEC.395.
IN Code § 35-38-1-8.5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-8.5. Presentence Investigation; Notice to Victim; Victim Impact 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 place of the sentencing hearing set by the court.(2) The right of the victim or victim representative to make an oral or written statement to the court at the sentencing hearing.(3) The right of the victim or victim representative to submit or refuse to submit to the probation officer a written or oral statement of the impact of the crime upon the victim for inclusion by the probation officer in a victim impact statement.(b) The notification required by subsection (a) must be sent at least seven (7) days before the date of the sentencing hearing to the last known address of the victim or the victim representative.(c) The probation officer shall prepare a victim impact statement for inclusion in the convicted person's presentence report. The victim impact statement consists of information about each victim and the consequences suffered by a victim or a victim's family as a result of the crime.(d) Unless the probation officer certifies to the court under section 9 of this chapter that a victim or victim representative could not be contacted or elected not to submit a statement to the probation officer concerning the crime, the victim impact statement required under this section must include the following information about each victim:(1) A summary of the financial, emotional, and physical effects of the crime on the victim and the victim's family.(2) Personal information concerning the victim, excluding telephone numbers, place of employment, and residential address.(3) Any written statements submitted by a victim or victim representative to the probation officer.(4) If the victim desires restitution, the basis and amount of a request for victim restitution.(e) A victim or victim representative is not required to submit a statement or to cooperate in the preparation of the victim impact statement required under this section.As added by P.L.36-1990, SEC.12. Amended by P.L.216-1996, SEC.12.
IN Code § 35-38-1-9 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-9. "Recommendation" and "Victim"; Presentence Investigation 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 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.
IN Code § 35-38-1-9.5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-9.5. Confidential Information; Individual With Human Immunodeficiency Virus (Hiv); Sex Crimes and Controlled Substances

Sec. 9.5. A probation officer shall obtain confidential information from the state department of health under IC 16-41-8-1 to determine whether a convicted person was an individual with the human immunodeficiency virus (HIV) when the crime was committed if the person is:(1) convicted of an offense relating to a criminal sexual act and the offense created an epidemiologically demonstrated risk of transmission of the human immunodeficiency virus (HIV); or(2) convicted of an offense relating to controlled substances and the offense involved:(A) the delivery by any person to another person; or(B) the use by any person on another person;of a contaminated sharp (as defined in IC 16-41-16-2) or other paraphernalia that creates an epidemiologically demonstrated risk of transmission of HIV by involving percutaneous contact.As added by P.L.123-1988, SEC.25. Amended by P.L.184-1989, SEC.24; P.L.1-1990, SEC.346; P.L.2-1992, SEC.876; P.L.2-1993, SEC.182; P.L.125-2007, SEC.4; P.L.190-2021, SEC.10.
IN Code § 35-38-1-10 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-10. Presentence Investigation; Physical or Mental Examination

Sec. 10. The court may order that the convicted person:(1) undergo a thorough physical or mental examination in a designated facility as part of the presentence investigation; and(2) remain in the facility for examination for not more than ninety (90) days.As added by P.L.311-1983, SEC.3.
IN Code § 35-38-1-10.5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|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

Sec. 10.5. (a) The court:(1) shall order that a person undergo a screening test for the human immunodeficiency virus (HIV) if the person is:(A) convicted of an offense relating to a criminal sexual act and the offense created an epidemiologically demonstrated risk of transmission of the human immunodeficiency virus (HIV); or(B) convicted of an offense relating to controlled substances and the offense involved:(i) the delivery by any person to another person; or(ii) the use by any person on another person;of a contaminated sharp (as defined in IC 16-41-16-2) or other paraphernalia that creates an epidemiologically demonstrated risk of transmission of HIV by involving percutaneous contact; and(2) may order that a person undergo a screening test for a serious disease (as defined in IC 16-41-8-5) in accordance with IC 16-41-8-5.(b) If the screening test required by this section indicates the presence of antibodies to HIV, the court shall order the person to undergo a confirmatory test.(c) If the confirmatory test confirms the presence of the HIV antibodies, the court shall report the results to the state department of health and require a probation officer to conduct a presentence investigation to:(1) obtain the medical record of the convicted person from the state department of health under IC 16-41-8-1(b)(3); and(2) determine whether the convicted person had received risk counseling that included information on the behavior that facilitates the transmission of HIV.(d) A person who, in good faith:(1) makes a report required to be made under this section; or(2) testifies in a judicial proceeding on matters arising from the report;is immune from both civil and criminal liability due to the offering of that report or testimony.(e) The privileged communication between a husband and wife or between a health care provider and the health care provider's patient is not a ground for excluding information required under this section.(f) A mental health service provider (as defined in IC 34-6-2-80) who discloses information that must be disclosed to comply with this section is immune from civil and criminal liability under Indiana statutes that protect patient privacy and confidentiality.As added by P.L.123-1988, SEC.26. Amended by P.L.184-1989, SEC.25; P.L.1-1990, SEC.347; P.L.2-1992, SEC.877; P.L.2-1993, SEC.183; P.L.1-1998, SEC.196; P.L.71-1998, SEC.2; P.L.125-2007, SEC.5; P.L.125-2009, SEC.5; P.L.86-2018, SEC.333; P.L.190-2021, SEC.11.
IN Code § 35-38-1-10.6 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-10.6. Crime Victims; Notice That Criminal Had Antibodies for Human Immunodeficiency Virus (Hiv); Counseling

Sec. 10.6. (a) The state department of health shall notify victims of an offense relating to a criminal sexual act or an offense relating to controlled substances if tests conducted under section 10.5 of this chapter or IC 16-41-8-5 confirm that the person tested had antibodies for the human immunodeficiency virus (HIV).(b) The state department of health shall provide counseling to persons notified under this section.As added by P.L.123-1988, SEC.27. Amended by P.L.1-1990, SEC.348; P.L.2-1992, SEC.878; P.L.71-1998, SEC.3; P.L.125-2007, SEC.6; P.L.125-2009, SEC.6.
IN Code § 35-38-1-11 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-11. Presentence Memorandum by Convicted Person

Sec. 11. At any time before sentencing, the convicted person may file with the court a written memorandum setting forth any information he considers pertinent to the question of sentence. The convicted person may attach written statements by others in support of facts alleged in the memorandum.As added by P.L.311-1983, SEC.3.
IN Code § 35-38-1-12 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|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

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 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.As added by P.L.311-1983, SEC.3. Amended by P.L.131-1985, SEC.17.
IN Code § 35-38-1-13 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-13. Confidentiality of Presentence Report or Memoranda

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 public or private agency other than:(1) the convicted person and his counsel;(2) the prosecuting attorney;(3) a probation department;(4) the community corrections program in which an offender is placed under IC 35-38-2.6; and(5) the Indiana criminal justice institute established under IC 5-2-6;except where specifically required or permitted by statute or upon specific authorization by the court and the convicted person.As added by P.L.311-1983, SEC.3. Amended by P.L.135-1993, SEC.5; P.L.292-1995, SEC.1.
IN Code § 35-38-1-14 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-14. Imprisonment; Transmission of Certain Information to 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 incident to the question of sentence;(4) any record made under IC 35-35-2 or IC 35-35-3;(5) the abstract of judgment;(6) the judgment of conviction; and(7) the sentencing order;to the department of correction.(b) Copies of the information sent to the department of correction under subsection (a) may be sent through any electronic means approved by the department of correction.As added by P.L.311-1983, SEC.3. Amended by P.L.119-2008, SEC.15.
IN Code § 35-38-1-15 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-15. Erroneous Sentence; Nature; Correction

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 ordered. A motion to correct sentence must be in writing and supported by a memorandum of law specifically pointing out the defect in the original sentence.As added by P.L.311-1983, SEC.3.
IN Code § 35-38-1-16 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 1. Entry of Judgment and Sentencing|35-38-1-16. Certified Copies of Corrected or Modified Sentence

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 modified sentence to the department of correction.As added by P.L.311-1983, SEC.3.