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Ind. Code § 35-38-1-13

Confidentiality of presentence report or memoranda

Applied in 14 court decisions — leading case Hape v. State (2009)

Most recently applied in Bowling v. State (January 2012)

As added by P.L.311-1983, SEC.3

How often courts cite this section

20062010201230
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 13. (a) Any:

(1) presentence report or memoranda; and

(2) report of a physical or mental examination;

submitted to the court in connection with sentencing shall be kept confidential.

(b) The materials specified in subsection (a) may not be made available to any person or public or private agency other than:

(1) the convicted person and his counsel;

(2) the prosecuting attorney;

(3) a probation department;

(4) the community corrections program in which an offender is placed under IC 35-38-2.6; and

(5) the Indiana criminal justice institute established under IC 5-2-6;

except where specifically required or permitted by statute or upon specific authorization by the court and the convicted person.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.