Indiana § 35-35-3-5 - Presentation to and opinion by victim; certification; presence of defendant

§ 35-35-3-5. Presentation to and opinion by victim; certification; presence of defendant

Sec. 5. (a) As a part of the recommendation submitted to the court, the prosecuting attorney must certify that the prosecuting attorney has offered to show the proposed recommendation to the victims of the felony, if any, and that they have been offered an opportunity to present their opinion of the recommendation to the prosecuting attorney and the court.

(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. The court shall also offer the victim, if present, an opportunity to make a statement concerning the crime and the sentence. If unable to attend the hearing, the victim may mail a written statement to the court, which must be included in the presentence report made with respect to the defendant.

(c) However, this section gives no additional rights to the defendant. Failure to comply gives no grounds for postconviction relief.

(d) The defendant shall be present in the courtroom while a victim makes a statement concerning the crime and the sentence under this section, unless the defendant presents a safety risk or causes a significant disruption.

(e) If a defendant fails to appear at the sentencing hearing, and is later taken into custody, the sentencing court shall, upon motion by the prosecuting attorney, hold a hearing at which a victim has the right to make a statement in the presence of the defendant concerning the crime and the sentence, unless the defendant presents a safety risk or causes a significant disruption.

(f) Subsection (d) does not prohibit a court from sentencing a defendant who is absent from the courtroom.

As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.126-1985, SEC.3; P.L.66-2026, SEC.2.