Iowa Code 901.4B – Presentence determinations and statements
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1. Before imposing sentence, the court shall do all of the following:
a. Verify that the defendant and the defendant’s attorney have read and discussed the presentence investigation report and any addendum to the report.
b. Provide the defendant’s attorney an opportunity to speak on the defendant’s behalf.
c. Address the defendant personally in order to permit the defendant to make a statement or present any information to mitigate the defendant’s sentence.
d. Provide the prosecuting attorney an opportunity to speak.
Terms Used In Iowa Code 901.4B
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- 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.
2. After hearing any statements presented pursuant to subsection 1, and before imposing sentence, the court shall address any victim of the crime who is present at the sentencing and shall allow any victim to be reasonably heard, including but not limited to by presenting a victim impact statement in the manner described in section 915.21.
3. For purposes of this section, “victim” means the same as defined in section 915.10.