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.

Terms Used In Indiana Code 35-38-1-8.5

  • 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.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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

(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.

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