ILNews

Senator files bill restricting educational credit time for sex offenders

Back to TopCommentsE-mailPrintBookmark and Share

Sen. Jim Merritt, R-Indianapolis, announced Wednesday that he has introduced legislation to revise the state’s education credit law for sex offenders. He said eight months ago that he would seek to change the law after a sex offender was released early after earning this type of credit.

Senate Bill 260 is in response to the early release of former Lawrence North High School swim coach Chris Wheat in May 2012, who was in prison for sexually abusing a 14-year-old girl. He was sentenced to eight years in 2010 but released in 2012 for earning good time and educational credits.

This bill would implement code revisions to prevent inmates from what Merritt calls “blatantly gaming the system like this” in the future. The legislation:
•    Prohibits sex offenders from receiving educational credit time for earning an associate’s or bachelor’s degree while incarcerated. Sex offenders could only earn educational credits for high school degrees and basic rehabilitation classes, which provide less time breaks than associate’s and bachelor’s degrees;
•    Bars all offenders from receiving educational credit time for an associate’s or bachelor’s degree they earned prior to incarceration; and
•    Requires educational credit time earned by sex and violent offenders to be subtracted from their sentence dates, rather than their earliest possible release dates. Only non-sex and non-violent offenders could subtract education credit time from their earliest possible release dates.

Rep. Sean Eberhart, R-Shelbyville, is authoring the same proposal in the House of Representatives in House Bill 1249.

“Knowing that 97 percent of offenders will return to one of Indiana’s 92 counties at some point, I support education programs for inmates because they prepare them for ex-offender status through rehabilitation,” Merritt said in a news release. “That being said, we cannot allow offenders, especially sex and violent offenders, to manipulate our system and avoid paying the due penalty for their crimes, as determined by a court of law.”

SB 260 has been assigned to the Senate Committee on Corrections and Criminal Law; HB 1249 is expected to be heard by the House Committee on Courts and Criminal Code.
 

 

ADVERTISEMENT

  • Abuse of Power
    When I read this article, I was not sure I understood it. I am at a loss to comprehend the senators' rationale. Perhaps it is just that punishing sex offenders more harshly than any other offenders draws headlines. This is a cruel, vicious and highly offensive move on their part; I hope the citizens of Indiana will see through it and realize the consequences of any legislation like this. In addition to being of questionable constitutionality, this bill denies benefits to a specific class of persons without any justification. On the human side, almost all sex offenders, upon release, face serious barriers to employment. As ex-felons, they can not qualify for educational aid, should they want to continue their education. Self employment is the only option (other than unemployment) available to someone whose personal information and the worst thing he has ever done, are memorialized on the internet like Bin Laden's bio for everyone to see. Taking away any tools for self improvement for any incarcerated person is a cruel, senseless bullying crime. These senators intend to keep punishing people who have already been convicted. They fail to realize, or to tell you, that taking away a person's hope is criminal. People who can not get a job, can not find a place to live, can not reintegrate into society - do NOT make society safer. Pushing people to the margins of society by denying them every possible opportunity for self-improvement, as these senators intend to do, is against the spirit of every world religion and is morally offensive. This bill will lead to creation of an underclass and is so incredibly disturbing it should never see the light of day.
  • Did You Think This Through
    This is the most absurd legislative action I have heard since....let’s see....since the Governor of NY and the President signed bills to ‘solve’ the gun crisis. Let me ask the obvious question regarding these bills. The recidivism rate is 5% for another "sexual" offense so why would you sponsor bills CHOOSING to flat time people (who could have done anything from urinating in public to being falsely accused to rape) all because they are taking college courses? To me that means you DON’T want them to exceed. So what if they get released sooner….that is a win-win situation in that the registrant is trying to improve their chances of getting something other than a minimum wage income AND the state doesn’t have to figure out what programs they can cut to cover the $23,000 to $25,000 per registrant per year cost of incarceration. Does that make sense to you? I think Senator Merritt and Representative Eberhart have a future in Congress….don’t you? I don’t know if you have a Re-entry Organization in your state but if so I hope they jump all over this idea. Registrants should be required to complete treatment AND the facility should be required to provide the stipulated treatment AND make sure they are sent to a facility that offers that treatment. Also, I hope there is a law suit filed against this brilliant maneuver. Vicki Henry Women Against Registry dot com

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. He TIL team,please zap this comment too since it was merely marking a scammer and not reflecting on the story. Thanks, happy Monday, keep up the fine work.

  2. You just need my social security number sent to your Gmail account to process then loan, right? Beware scammers indeed.

  3. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

ADVERTISEMENT