ILNews

Court reverses indeterminate commitment of juvenile

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The Indiana Court of Appeals addressed the interplay between sections 6 and 10 of Indiana Code 31-37-19 governing juvenile commitment for the first time today. The judges noted when they are applied separately the sections produce opposite results regarding the purpose of the statutes.   

D.C. pleaded guilty to what would have been Class A felony burglary if committed by an adult and was committed to the Department of Correction for 24 months and also was ordered to an indeterminate commitment to the DOC until he turned 21. He was 14 years old when he committed the crime. He argued that the court erred by imposing both a determinate and indeterminate commitment, and that he should have been placed in a less restrictive facility because one was available.

The judges didn’t find the trial court erred in ordering D.C. committed to the DOC even though he had been accepted into another facility because he had a history of adjudications, and stayed at residential facilities in the past. He always re-offended once being released.

“Given the serious nature of D.C.’s offense and the likelihood that he will reoffend, this is clearly a situation in which commitment to a less restrictive environment than DOC is not in the best interest of D.C. or of the community,” wrote Judge Margret Robb.

In D.C. v. State of Indiana, No. 49A02-1002-JV-100, the judges then examined the statutes at question here – I.C. 31-37-19-6 and -10 that deal with dispositional decrees for children found to be delinquent for committing an act that would be an offense if committed by an adult.

Section 6 says except as provided in Section 10, the court awards wardship of a juvenile to the DOC and the DOC determines the placement and duration of placement. Section 10 applies to D.C. because he was at least 14 when he committed the Class A felony burglary and has prior unrelated adjudications. Section 10 says the court can’t place a child in a facility for more than 2 years.

The judges agreed with D.C. that Section 6 precludes a juvenile court from entering a dispositional order with both an indeterminate commitment under Section 6 and a determinant commitment under Section 10.

Judge Robb noted that Section 10 is clearly aimed at the most serious juvenile offenders, yet it’s possible that someone who offends under Section 6 may be placed in a facility for a time longer than the 2 years ordered under Section 10.  

“We acknowledge a juvenile committed under Section 6 could also be released in less than two years and therefore ultimately receive a lesser penalty than a juvenile sentenced under Section 10. However, at their extremes, sections 6 and 10 when applied separately produce results antithetical to the purpose of the statutes,” she wrote.

The Court of Appeals reversed the part of the dispositional order imposing commitments under both sections and remanded for a new order imposing only a determinate commitment under Section 10.
 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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