§ 40-38-201. Short Title

This part shall be known and may be cited as the “Victim Impact Statement Act.”

§ 40-38-202. Sentencing Judge to Consider Impact Statement Prior to Sentencing

The sentencing judge shall solicit and consider a victim impact statement prior to sentencing a convicted offender who has caused physical, emotional or financial harm to a victim, as defined in § 40-38-203.

§ 40-38-203. Part Definitions

As used in this part, unless the context otherwise requires: “Victim” means an individual who suffers direct or threatened physical, emotional or financial harm as the result of the commission of a crime or an immediate family member of a minor victim or a homicide victim; “Victim impact statement” means a statement providing information about […]

§ 40-38-204. Notification of Opportunity to Present Impact Statement — Policy — Development of Impact Statement Form

If a defendant is convicted of a felony involving one (1) or more identifiable victims who suffered death or physical, emotional, or financial injury, the department of correction shall ensure notification of the victim or the victim representative and advise the victim or victim representative of the opportunity to present a victim impact statement. The […]

§ 40-38-205. Impact Statement to Be Part of Presentence Report — Contents — Number of Statements

Prior to imposition of sentence in a felony case, the department of correction shall prepare a written victim impact statement as part of the presentence report on the defendant. The statement shall include applicable information obtained during consultation with the victim or the victim representative. If the victim or victim representative cannot be located or […]

§ 40-38-206. Filing of Presentence Report

The presentence report shall be filed with the clerk of the court within ten (10) days prior to the sentencing hearing as provided in § 40-35-208.

§ 40-38-207. Impact Statement to Be Considered as Evidence

Any victim impact statement submitted to the court under § 40-38-205 shall be considered as evidence in determining whether the mitigating factors in § 40-35-113 and the enhancement factors in § 40-35-114 apply.

§ 40-38-208. Submission of Statement or Cooperation in Preparation of Statement Not Required

This part shall not be construed to require a victim or victim representative to submit a victim impact statement or to cooperate in the preparation of a victim impact statement.