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. Clarification: This bill does not affect Ind. Code 35-38-1-13; presentence investigation reports remain confidential.
The bill also repeals Ind. Code § 35-38-1-1(b)’s requirement that at sentencing the judge advise that the defendant is sentenced “for not less than the earliest release date and not more than the maximum possible release date.”
An amendment presented by Sen. Koch was adopted to have Ind. Code § 35-38-1-1(b) provide that the court pronouncing sentence for murder or a Level 1 through 5 felony advise the defendant of the number of days of pretrial confinement served on the charge while awaiting trial and sentencing and whether the days of confinement were in jail or in home detention. The bill passed as amended 6-0.
Read the bill at https://iga.in.gov/legislative/2017/bills/senate/120