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Senator files bill restricting educational credit time for sex offenders

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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.
 

 

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  • 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

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  1. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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