Indiana Code
Ind. Code § 35-38-1-12 (2026)
Presentence investigation; advising defendant of contents and conclusions; copy of presentence report; opportunity for victim to make statement; sources of confidential information
✓ current as of May 2026
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.
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1989–2025 · leading case: Matheney v. State, 688 N.E.2d 883 (Ind. 1997).
Matheney v. State, 688 N.E.2d 883 (Ind. 1997). “Fourth, he claims that the trial court's review of "secret information" in its sentencing prevented meaningful appellate review of Matheney's death sentence.”
Carter v. State, 711 N.E.2d 835 (Ind. 1999). “CODE § 35-38-1-12(b) (1998)); see also Gardner v.”
Minnick v. State, 544 N.E.2d 471 (Ind. 1989). “The record discloses the probation officer who prepared the report testified at the sentencing hearing and was cross-examined by appellant.”
Brown v. State, 698 N.E.2d 779 (Ind. 1998). “[Brown] just simply disputes the facts about that case contained in the presentence.”
Carmona v. State, 827 N.E.2d 588 (Ind. Ct. App. 2005). “IC. § 35-38-1-12 (West 2004). The convicted person should be afforded a fair opportunity to controvert the material contained within the presentence report.”
State v. Parker, 992 A.2d 1103 (Conn. 2010). “5/5-3-4 (b) (2) (West 2007); Ind. Code Ann. § 35-38-1-12 (a) (LexisNexis 1998); Iowa Code Ann.”
State v. Albers, 758 N.W.2d 411 (Neb. Ct. App. 2008). “5/5-3-4(b)(2) (LexisNexis 2007); Ind. Code Ann. § 35-38-1-12 (a) (LexisNexis 1998); Iowa Code Ann.”
Garrett M. Morrow v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020). “[7] Morrow first argues that he was denied a fair opportunity to controvert the PSI and asserts he was provided with a copy of the PSI only five minutes prior to the hearing in violation of Ind. Code § 35-38-1-12 (b). 1 The State contends that Morrow’s argument is not supported…”
Harvey Stephens v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017). “Defense counsel essentially abdicated his responsibility as 5 Indiana Code Section 35-38-1-12 provides that the trial court is to advise the defendant or his counsel of the factual contents and conclusions of the PSI or furnish a copy of the PSI “sufficiently in advance of…”
Roger P. Orich v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020). “” Ind. Code § 35-38-1-12 (a). If the defendant is sentenced to a term of imprisonment, the PSIR must be sent to the DOC.”
Tammy Echeverria v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020). “[27] Pursuant to Indiana Code section 35-38-1-12(b), “[t]he 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…”
CHINS: V M v. Indiana Dep't of Child Servs. (Ind. Ct. App. 2025). “Ind Code § 35-38-1-12. [17] Importantly, our Indiana Supreme Court has referred to presentence investigation reports as “‘non-evidentiary’ information” that a trial court “can properly consider” when deciding how to sentence a defendant.”
— Ind. Code § 35-38-1-12(b) — 4 cases
Carter v. State, 711 N.E.2d 835 (Ind. 1999). “CODE § 35-38-1-12(b) (1998)); see also Gardner v.”
Brown v. State, 698 N.E.2d 779 (Ind. 1998). “[Brown] just simply disputes the facts about that case contained in the presentence.”
Tammy Echeverria v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020). “[27] Pursuant to Indiana Code section 35-38-1-12(b), “[t]he 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…”
Robeson v. State, 834 N.E.2d 723 (Ind. Ct. App. 2005).
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