- (a) For purposes of this chapter, "advisory sentence" means a guideline sentence that the court may voluntarily consider when imposing a sentence.
- (b) Except as provided in subsection (c), a court is not required to use an advisory sentence.
(c) In imposing:
- (1) consecutive sentences for felony convictions that are not crimes of violence (as defined in IC 35-31.5-2-79 ) arising out of an episode of criminal conduct, in accordance with IC 35-50-1-2 ; or
(2) an additional fixed term to a repeat sexual offender under section 14 of this chapter;
a court is required to use the appropriate advisory sentence in imposing a consecutive sentence or an additional fixed term. However, the court is not required to use the advisory sentence in imposing the sentence for the underlying offense.
- (d) This section does not require a court to use an advisory sentence in imposing consecutive sentences for felony convictions that do not arise out of an episode of criminal conduct.
As added by P.L.71-2005, SEC.5. Amended by P.L.178-2007, SEC.4; P.L.168-2014, SEC.110; P.L.109-2015, SEC.56; P.L.85-2026, SEC.26.