IC 35-40-5-5 — Right to be heard at sentencing or release; presence of defendant
Chapter 5. Victim Rights
Bills amending this section
Section text
Sec. 5. (a) A victim has the right to be heard at any proceeding involving sentencing, a postconviction release decision, or a pre-conviction release decision under a forensic diversion program. (b) 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. (c) 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. (d) Subsection (b) does not prohibit a court from sentencing a defendant who is absent from the courtroom.
As added by P.L.139-1999, SEC.1. Amended by P.L.85-2004, SEC.7; P.L.66-2026, SEC.4.
Source: official publisher (2026 edition)