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Interim criminal law study committee to examine sentencing questions

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The process to correct and clarify House Enrolled Act 1006, the massive piece of legislation overhauling the state’s criminal code, will begin Aug. 15 at the first meeting of the Indiana General Assembly’s Criminal Law and Sentencing Policy Study Committee.

The Legislative Council saddled the committee with a hefty agenda, leading Chairman Sen. R. Michael Young, R-Indianapolis, to say he expects the committee will need to meet more than the four times allotted and the meetings will probably be all-day affairs.

At Thursday’s meeting, the group will begin reviewing provisions in HEA 1006 that have been earmarked as in need of correcting or clarifying. The agenda calls for committee members to discuss a draft of a Title 7.1 revision and unspecified fiscal issues.    

Young  pointed out the committee has a specific duty and will not be considering the broad question of whether or not Indiana’s criminal code should be changed.

“Our charge is not policy but merely to reconcile and review so it all goes together,” Young said. “We won’t be rethinking policy.”

Thursday’s meeting will start at 10 a.m. and be held in room 130 of the Statehouse, 200 W. Washington St.

When HEA 1006 was passed by the 2013 Legislature, the bill was delayed from taking effect until July 1, 2014. This was purposefully done in order to give the General Assembly time to tweak the measure.   
 
One key duty the committee has during this interim session will be to study the sentencing provisions in HEA 1006 and try to settle the dispute over whether the legislation will increase or decrease the number of inmates in Indiana, especially at the county jails. Currently, the Indiana Department of Correction’s view that the bill will expand the state’s prison population is at odds with the interpretation by the Legislative Services Agency that the number of incarcerated will drop.

Rep. Greg Steuerwald, who authored HEA 1006 and is a member of Young’s committee, said sentencing remains a big issue but, based on experiences in other states, the revision of the criminal code could bring a reduction in prison population along with a lower crime rate and drop in recidivism in Indiana.  

“I’m very happy with where we are at this point,” the Danville Republican said. “I think we’re probably 80 to 90 percent done, but what is left to be done is very critical. In some respects it’s the most important piece. We’ve got to make sure we get the sentencing grid correct.”

To provide an analysis, the committee may get help from the Indiana Criminal Justice Institute. According to Steuerwald, the ICJI would spend its funds to hire outside experts to review HEA 1006’s sentencing guidelines and assess the impact on the state’s inmate population.

Based on that data, Steuerwald said, the committee would then adjust the sentencing grid to maintain proportionality and control the prison population.

However, the representative emphasized no one has been hired to do this analysis. Rather, the committee is sending a request, outlining what it wants the outside experts to provide, and asking for a cost estimate.











 

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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