reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 6. Privileged Communications and Victim Counseling › 35-37-6-2.5. "Personally Identifying Information"

Sec. 2.5. (a) As used in this chapter, "personally identifying information" means information that identifies a victim or the location where domestic violence, dating violence, sexual assault, or stalking occurred, including the victim's:
(1) name;
(2) mailing and physical address;
(3) electronic mail address;
(4) Internet protocol address;
(5) telephone numbers, including facsimile numbers;
(6) Social Security number;
(7) date of birth;
(8) racial or ethnic background; and
(9) religious affiliation.
(b) The term includes any other information that, in combination with other nonpersonally identifying information, would identify an individual.
As added by P.L.104-2008, SEC.9.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 6. Privileged Communications and Victim Counseling › 35-37-6-2.7. "Student Advocate Office"

Sec. 2.7. As used in this chapter, "student advocate office" means a student services office, victim assistance office, or other victim counselor as designated by a state educational institution or an approved postsecondary educational institution.
As added by P.L.70-2016, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 6. Privileged Communications and Victim Counseling › 35-37-6-3. "Victim"

Sec. 3. As used in this chapter, "victim" means:
(1) an individual against whom an act of:
(A) domestic or family violence;
(B) dating violence;
(C) sexual assault (as defined in IC 5-26.5-1-8);
(D) human and sexual trafficking (IC 35-42-3.5); or
(E) stalking (IC 35-45-10-5);
is committed; or
(2) an individual:
(A) who is not accused of committing an act of domestic or family violence, dating violence, sexual assault (as defined in IC 5-26.5-1-8), human and sexual trafficking (IC 35-42-3.5), or stalking (IC 35-45-10-5); and
(B) who:
(i) is a member of the family of an individual described in subdivision (1); but
(ii) is not a family member who is accused of committing an act of domestic or family violence, dating violence, sexual assault (as defined in IC 5-26.5-1-8), human and sexual trafficking (IC 35-42-3.5), or stalking (IC 35-45-10-5).
As added by P.L.136-1987, SEC.5. Amended by P.L.104-2008, SEC.10.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 6. Privileged Communications and Victim Counseling › 35-37-6-3.5. "Victim Advocate"

Sec. 3.5. (a) As used in this chapter, "victim advocate" means an individual employed or appointed by or who volunteers for:
(1) a victim services provider; or
(2) the student advocate office of a state educational institution or an approved postsecondary educational institution, if the individual provides services to a victim.
(b) The term does not include:
(1) a law enforcement officer;
(2) an employee or agent of a law enforcement officer;
(3) a prosecuting attorney; or
(4) an employee or agent of a prosecuting attorney's office.
(c) The term includes an employee, an appointee, or a volunteer of a:
(1) victim services provider;
(2) domestic violence program;
(3) sexual assault program;
(4) rape crisis center;
(5) battered women's shelter;
(6) transitional housing program for victims of domestic violence; or
(7) program that has as one (1) of its primary purposes to provide services to an individual:
(A) against whom an act of:
(i) domestic or family violence;
(ii) dating violence;
(iii) sexual assault (as defined in IC 5-26.5-1-8);
(iv) human and sexual trafficking (IC 35-42-3.5); or
(v) stalking (IC 35-45-10-5);
is committed; or
(B) who:
(i) is not accused of committing an act of domestic or family violence, dating violence, sexual assault (as defined in IC 5-26.5-1-8), human and sexual trafficking (IC 35-42-3.5), or stalking (IC 35-45-10-5); and
(ii) is a member of the family of an individual described in clause (A) other than a family member who is accused of committing an act of domestic or family violence, dating violence, sexual assault (as defined in IC 5-26.5-1-8), human and sexual trafficking (IC 35-42-3.5), or stalking (IC 35-45-10-5).
As added by P.L.104-2008, SEC.11. Amended by P.L.70-2016, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 6. Privileged Communications and Victim Counseling › 35-37-6-5. "Victim Service Provider"

Sec. 5. As used in this chapter, "victim service provider" means a person:
(1) that is:
(A) a public agency;
(B) a unit of a public agency; or
(C) an organization that is exempt from federal income taxation under Section 501 of the Internal Revenue Code;
(2) that is not affiliated with a law enforcement agency;
(3) that has, as one (1) of its primary purposes, to provide services for emotional and psychological conditions that occur to an individual:
(A) against whom an act of:
(i) domestic or family violence;
(ii) dating violence;
(iii) sexual assault (as defined in IC 5-26.5-1-8);
(iv) human and sexual trafficking (IC 35-42-3.5); or
(v) stalking (IC 35-45-10-5);
is committed; or
(B) who:
(i) is not accused of committing an act of domestic or family violence, dating violence, sexual assault (as defined in IC 5-26.5-1-8), human and sexual trafficking (IC 35-42-3.5), or stalking (IC 35-45-10-5); and
(ii) is a member of the family of an individual described in clause (A) other than a family member who is accused of committing an act of domestic or family violence, dating violence, sexual assault (as defined in IC 5-26.5-1-8), human and sexual trafficking (IC 35-42-3.5), or stalking (IC 35-45-10-5).
As added by P.L.136-1987, SEC.5. Amended by P.L.104-2008, SEC.12.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 6. Privileged Communications and Victim Counseling › 35-37-6-8. Duty of Victim Advocate to Report

Sec. 8. This chapter does not relieve a victim advocate of any duty to report suspected abuse, neglect, battery, or exploitation under IC 12-10-3, IC 31-33, or IC 35-46-1-13.
As added by P.L.136-1987, SEC.5. Amended by P.L.3-1989, SEC.222; P.L.2-1992, SEC.875; P.L.1-1997, SEC.144; P.L.104-2008, SEC.13.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 6. Privileged Communications and Victim Counseling › 35-37-6-9. Confidential Communications; Compelling Testimony; Records; Temporary Emergency Shelters

Sec. 9. (a) The following persons or entities may not be compelled to give testimony, to produce records, or to disclose any information concerning confidential communications and confidential information to anyone or in any judicial, legislative, or administrative proceeding:
(1) A victim.
(2) A victim advocate or victim service provider unless the victim specifically consents to the disclosure in a written authorization that contains the date the consent expires.
(b) A victim advocate, victim service provider, or victim may not be compelled to provide testimony in any judicial, legislative, or administrative proceeding that would identify the name, address, location, or telephone number of any facility that provided temporary emergency shelter to the victim of the offense or transaction that is the subject of the proceeding unless the facility is a party to the proceeding.
(c) A victim service provider or victim advocate may not require a victim to consent to the disclosure of information concerning confidential communications and confidential information as a condition of the victim receiving services.
(d) This section does not prohibit a victim from providing testimony concerning an offense.
(e) The consent to disclose information on behalf of:
(1) a child who is less than eighteen (18) years of age and is unemancipated; or
(2) an incapacitated victim;
may be made by a custodial parent, custodian, guardian, or guardian ad litem in a written authorization that contains the date the consent expires.
(f) A consent under subsection (e) may not be given by a custodial parent, custodian, guardian, or guardian ad litem of the victim if the custodial parent, custodian, guardian, or guardian ad litem:
(1) committed; or
(2) is alleged to have committed;
an offense against the victim.
As added by P.L.136-1987, SEC.5. Amended by P.L.104-2008, SEC.14.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 6. Privileged Communications and Victim Counseling › 35-37-6-10. Waiver by Victim of Protections of Chapter

Sec. 10. (a) A victim does not waive the protections afforded by this chapter by testifying in court about an offense. However, if the victim partially discloses the contents of a confidential communication in the course of testifying, either party may request the court to rule that justice requires the protections of this chapter to be waived, to the extent they apply to that portion of the communication.
(b) A waiver under this section applies only to the extent necessary to require any witness to respond to questions concerning the confidential communication that are relevant to the facts and circumstances of the case.
As added by P.L.136-1987, SEC.5.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 6. Privileged Communications and Victim Counseling › 35-37-6-11. Waiver by Victim Advocate of Protection of Chapter; Disclosure of Confidential Information

Sec. 11. A victim advocate may not waive the protections afforded to a victim under this chapter. However, if:
(1) a victim brings suit against a victim advocate or victim service provider in which the victim advocate was employed or served as a volunteer at the time of the counseling relationship; and
(2) the suit alleges malpractice during the relationship;
the victim advocate may testify or produce records regarding confidential communications with the victim and is not liable for doing so.
As added by P.L.136-1987, SEC.5. Amended by P.L.104-2008, SEC.15.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 6. Privileged Communications and Victim Counseling › 35-37-6-13. Authorization of Release of Confidential Information

Sec. 13. (a) Except as provided in subsection (d):
(1) a victim; or
(2) in the case of a deceased victim, the victim's personal representative;
may authorize a victim advocate or victim service provider to release confidential information or other information by signing a written authorization that specifies what information will be released and to whom the information will be released.
(b) The authorization described in subsection (a) must include a date the authorization expires.
(c) A victim advocate shall make reasonable attempts to notify a victim when a victim service provider or victim advocate is required to disclose confidential information or confidential communications.
(d) A consent for release may not be given by a personal representative of the victim if the personal representative:
(1) abused or killed the victim;
(2) is alleged to have abused or killed the victim; or
(3) assisted another person in abusing or killing the victim.
As added by P.L.104-2008, SEC.16.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 6. Privileged Communications and Victim Counseling › 35-37-6-14. Prosecuting Attorney Duty to Disclose; Victim Preserves Confidentiality

Sec. 14. (a) This section does not:
(1) relieve a prosecuting attorney of the constitutional and ethical obligation to disclose exculpatory evidence; and
(2) prohibit impeachment of a victim as permitted by the Indiana Rules of Evidence.
(b) A victim does not waive any privileges or confidentiality protections under this chapter if the victim:
(1) testifies about underlying acts of domestic violence, dating violence, sexual assault, or stalking; or
(2) reveals that he or she used or attempted to use the services of a victim service provider or victim advocate.
As added by P.L.104-2008, SEC.17.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 6. Privileged Communications and Victim Counseling › 35-37-6-15. Partial Disclosure

Sec. 15. The partial disclosure of a confidential communication under this chapter does not waive any privilege concerning the remainder of the confidential communication.
As added by P.L.104-2008, SEC.18.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 6. Privileged Communications and Victim Counseling › 35-37-6-16. Refusal to Testify

Sec. 16. The fact that a victim or victim advocate refuses to testify or disclose information because of a privilege under this chapter does not raise any negative inferences or presumptions.
As added by P.L.104-2008, SEC.19.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 6. Privileged Communications and Victim Counseling › 35-37-6-17. Disclosure of Information in Aggregate Form

Sec. 17. A victim service provider may disclose information in the aggregate that does not identify a victim regarding services and demographic information to comply with federal or state data collection requirements.
As added by P.L.104-2008, SEC.20.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 1. Entry of Judgment and Sentencing › 35-38-1-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The amendments made to section 7.1 of this chapter by P.L.280-2001 apply to all convictions for a crime entered after May 11, 2001.
(2) Notwithstanding the amendments made to IC 10-13-6-10, IC 10-13-6-11, IC 35-38-2-2.3, IC 35-38-2.5-6, and IC 35-38-2.6-3, and the addition of section 27 of this chapter by P.L.140-2006, a probation department, community corrections department, or other agency supervising an offender on conditional release is not required to collect a DNA sample before October 1, 2006. However, a probation department, community corrections department, or other agency supervising an offender on conditional release is authorized to collect a DNA sample before October 1, 2006, and a DNA sample collected before October 1, 2006, may be analyzed and placed in the convicted offender data base.
(3) Notwithstanding the amendments made to IC 10-13-6-10, IC 10-13-6-11, IC 35-38-2-2.3, IC 35-38-2.5-6, and IC 35-38-2.6-3, and the addition of section 27 of this chapter by P.L.173-2006, a probation department, community corrections department, or other agency supervising an offender on conditional release is not required to collect a DNA sample before October 1, 2006. However, a probation department, community corrections department, or other agency supervising an offender on conditional release is authorized to collect a DNA sample before October 1, 2006, and a DNA sample collected before October 1, 2006, may be analyzed and placed in the convicted offender data base.
As added by P.L.220-2011, SEC.586. Amended by P.L.63-2012, SEC.42.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 1. Entry of Judgment and Sentencing › 35-38-1-1. Judgment of Conviction; Pronouncement of Sentence

Sec. 1. (a) Except as provided in section 1.5 of this chapter, after a verdict, finding, or plea of guilty, if a new trial is not granted, the court shall enter a judgment of conviction.
(b) When the court pronounces the sentence for murder or a Level 1 through Level 5 felony, the court shall advise the person of the number of days of pretrial confinement the person served while awaiting trial and sentencing on the felony charge, and whether the days of confinement were served in jail or on home detention.
As added by P.L.311-1983, SEC.3. Amended by P.L.148-1995, SEC.3; P.L.98-2003, SEC.1; P.L.50-2017, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 1. Entry of Judgment and Sentencing › 35-38-1-1.3. Statement of Reasons for Imposing Particular Sentence; Not Required if Advisory Sentence Is Imposed

Sec. 1.3. After a court has pronounced a sentence for a felony conviction, the court shall issue a statement of the court's reasons for selecting the sentence that it imposes unless the court imposes the advisory sentence for the felony.
As added by P.L.178-2007, SEC.2. Amended by P.L.168-2014, SEC.54.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 1. Entry of Judgment and Sentencing › 35-38-1-1.5. Converting Level 6 Felony to Class a Misdemeanor

Sec. 1.5. (a) A court may enter judgment of conviction as a Level 6 felony with the express provision that the conviction will be converted to a conviction as a Class A misdemeanor if the person fulfills certain conditions. A court may enter a judgment of conviction as a Level 6 felony with the express provision that the conviction will be converted to a conviction as a Class A misdemeanor only if the person pleads guilty to a Level 6 felony that qualifies for consideration as a Class A misdemeanor under IC 35-50-2-7, and the following conditions are met:
(1) The prosecuting attorney consents.
(2) The person agrees to the conditions set by the court.
(b) For a judgment of conviction to be entered under subsection (a), the court, the prosecuting attorney, and the person must all agree to the conditions set by the court under subsection (a).
(c) The court is not required to convert a judgment of conviction entered as a Level 6 felony to a Class A misdemeanor if, after a hearing, the court finds:
(1) the person has violated a condition set by the court under subsection (a); or
(2) the period that the conditions set by the court under subsection (a) are in effect expires before the person successfully completes each condition.
However, the court may not convert a judgment of conviction entered as a Level 6 felony to a Class A misdemeanor if the person commits a new offense before the conditions set by the court under subsection (a) expire.
(d) The court shall enter judgment of conviction as a Class A misdemeanor if the person fulfills the conditions set by the court under subsection (a).
(e) The entry of a judgment of conviction under this section does not affect the application of any statute requiring the suspension of a person's driving privileges.
(f) This section may not be construed to diminish or alter the rights of a victim (as defined in IC 35-40-4-8) in a sentencing proceeding under this chapter.
As added by P.L.98-2003, SEC.2. Amended by P.L.159-2013, SEC.1; P.L.158-2013, SEC.393; P.L.168-2014, SEC.55.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 1. Entry of Judgment and Sentencing › 35-38-1-2. "Victim Representative" Defined; Sentencing; Date; Hearing for Increased Penalty; Imprisonment Pending Sentencing

Sec. 2. (a) As used in this chapter, "victim representative" means a person designated by a sentencing court who is:
(1) a spouse, parent, child, sibling, or other relative of; or
(2) a person who has had a close personal relationship with;
the victim of a felony who is deceased, incapacitated, or less than eighteen (18) years of age.
(b) Upon entering a conviction, the court shall set a date for sentencing within thirty (30) days, unless for good cause shown an extension is granted. If a presentence report is not required, the court may sentence the defendant at the time the judgment of conviction is entered. However, the court may not pronounce sentence at that time without:
(1) inquiring as to whether an adjournment is desired by the defendant; and
(2) informing the victim, if present, of a victim's right to make a statement concerning the crime and the sentence.
When an adjournment is requested, the defendant shall state its purpose and the court may allow a reasonable time for adjournment.
(c) If:
(1) the state in the manner prescribed by IC 35-34-1-2.5 sought an increased penalty by alleging that the person was previously convicted of the offense; and
(2) the person was convicted of the subsequent offense in a jury trial;
the jury shall reconvene for the sentencing hearing. The person shall be sentenced to receive the increased penalty if the jury (or the court, if the trial is to the court alone) finds that the state has proved beyond a reasonable doubt that the person had a previous conviction for the offense.
(d) If the felony is nonsuspendible under IC 35-50-2-2 (before its repeal) or IC 35-50-2-2.2, the judge shall order the defendant, if the defendant has previously been released on bail or recognizance, to be imprisoned in the county or local penal facility pending sentencing.
(e) Upon entering a conviction for a felony, the court shall designate a victim representative if the victim is deceased, incapacitated, or less than eighteen (18) years of age.
As added by P.L.311-1983, SEC.3. Amended by P.L.50-1984, SEC.8; P.L.131-1985, SEC.14; P.L.36-1990, SEC.11; P.L.168-2014, SEC.56.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 1. Entry of Judgment and Sentencing › 35-38-1-2.5. Crime of Deception

Sec. 2.5. (a) As used in this section, "crime of deception" means any offense in which a person assumes the identity of another person, professes to be another person, uses the identifying information of another person, or falsely suggests that the person is acting with the authority of another person. The term includes an offense under IC 35-43-5.
(b) This section applies to an offender who has been convicted of a crime of deception.
(c) During or after the sentencing of a person convicted of a crime of deception, the court may, upon motion by the state or upon application by a victim or a victim's representative, issue an order:
(1) describing the person whose credit history may be affected by the offender's crime of deception, with sufficient identifying information to assist another person in correcting the credit history; and
(2) stating that the person described in subdivision (1) was the victim of a crime of deception that may have affected the person's credit history.
(d) The order described in subsection (c) may be used to correct the credit history of any person described in the order.
As added by P.L.22-2003, SEC.3.
2023 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.
2023 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.
2023 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

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.
2023 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.
2023 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. Repealed

As added by P.L.311-1983, SEC.3. Amended by P.L.332-1983, SEC.2; P.L.181-1984, SEC.1; P.L.284-1985, SEC.2; P.L.131-1985, SEC.15; P.L.320-1987, SEC.1; P.L.123-1988, SEC.24; P.L.184-1989, SEC.23; P.L.351-1989(ss), SEC.3. Repealed by P.L.1-1990, SEC.344.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 Indiana 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; P.L.56-2023, SEC.318.
2023 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.
2023 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 Indiana 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 Indiana 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; P.L.56-2023, SEC.319.
2023 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 Indiana 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 Indiana 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; P.L.56-2023, SEC.320.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 1. Entry of Judgment and Sentencing › 35-38-1-10.7. Repealed

As added by P.L.71-1998, SEC.4. Amended by P.L.125-2007, SEC.7. Repealed by P.L.125-2009, SEC.9.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 1. Entry of Judgment and Sentencing › 35-38-1-18. Fines and Costs; Suspension of Fines; Commitment Instead of Fine; Default

Sec. 18. (a) Except as provided in subsection (b), whenever the court imposes a fine, it shall conduct a hearing to determine whether the convicted person is indigent. If the person is not indigent, the court shall order:
(1) that the person pay the entire amount at the time sentence is pronounced;
(2) that the person pay the entire amount at some later date;
(3) that the person pay specified parts at designated intervals; or
(4) at the request of the person, commitment of the person to the county jail for a period of time set by the court in lieu of a fine. If the court orders a person committed to jail under this subdivision, the person's total confinement for the crime that resulted in the conviction must not exceed the maximum term of imprisonment prescribed for the crime under IC 35-50-2 or IC 35-50-3.
(b) A court may impose a fine and suspend payment of all or part of the fine until the convicted person has completed all or part of the sentence. If the court suspends payment of the fine, the court shall conduct a hearing at the time the fine is due to determine whether the convicted person is indigent. If the convicted person is not indigent, the court shall order the convicted person to pay the fine:
(1) at the time the fine is due; or
(2) in a manner set forth in subsection (a)(2) through (a)(4).
(c) If a court suspends payment of a fine under subsection (b), the court retains jurisdiction over the convicted person until the convicted person has paid the entire amount of the fine.
(d) Upon any default in the payment of the fine:
(1) an attorney representing the county may bring an action on a debt for the unpaid amount;
(2) the court may direct that the person, if the person is not indigent, be committed to the county jail and credited toward payment at the rate of twenty dollars ($20) for each twenty-four (24) hour period the person is confined, until the amount paid plus the amount credited equals the entire amount due; or
(3) the court may institute contempt proceedings or order the convicted person's wages, salary, and other income garnished in accordance with IC 24-4.5-5-105 to enforce the court's order for payment of the fine.
As added by P.L.311-1983, SEC.3. Amended by P.L.204-1986, SEC.2; P.L.305-1987, SEC.35; P.L.137-1989, SEC.11; P.L.156-2007, SEC.4.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 1. Entry of Judgment and Sentencing › 35-38-1-19. Repealed

As added by P.L.311-1983, SEC.3; P.L.324-1983, SEC.1. Repealed by P.L.50-1984, SEC.5.