The Senate Judiciary Committee heard Sen. Koch’s SB 120 on plea agreements and sentencing. The bill repeals Ind. Code §. 35-35-3-3(b)’s provision that a felony plea agreement, the presentence investigation for it, and the hearing are not part of “’the official record of the case” unless the court approves the agreement.
It would also repeal Ind. Code § 35-38-1-1(b)’s requirement that at sentencing the judge advise defendant is sentenced “for not less than the earliest release date and not more than the maximum possible release date.”
Judge Peter Foley of Morgan Superior 1 testified in support of the bill on behalf of the Judicial Conference. A representative of the Hoosier State Press Association testified in support of the repeal of the plea agreement language. The Public Defender Council urged the addition of a requirement that at sentencing the court state the number and type of days of pretrial confinement, explaining that it would afford the defense an opportunity to promptly raise any objections for more pretrial confinement credit. The bill was held over until the next meeting to allow Sen. Koch to explore an amendment for the Public Defender Council’s proposal.
Read the bill at https://iga.in.gov/legislative/2017/bills/senate/120