ILNews

Credit-time statute amendment not retroactive

Back to TopCommentsE-mailPrintBookmark and Share

An amendment to the statute governing credit-time eligibility for people on home detention in criminal corrections programs is not retroactive, therefore, a defendant isn’t entitled to credit time under the amendment, the Indiana Court of Appeals concluded Wednesday.

Mario Brown was in community corrections in Marion County after pleading guilty to Class C felony operating a motor vehicle after license forfeited for life in 2009. At that time, Indiana Code Section 35-38-2.6-6 explicitly excluded those serving out sentences on home detention from receiving credit time. A 2010 amendment to the statute lifted that restriction.

Brown admitted to violating the rules of his placement in July 2010 and was ordered to serve the balance of his original three-year sentence in the Department of Correction. He received no credit time for this period, which he argued he should based on the amended version of I.C. Section 35-38-2.6-6. He claimed the amendment was retroactive and denying him the credit-time eligibility violates his rights to Equal Protection.

The Court of Appeals judges disagreed with Brown in Mario Brown v. State of Indiana, No. 49A02-1008-CR-905, finding the statute in question isn’t remedial in nature. The 2010 amendment didn’t seek to remedy a defect or clarify an ambiguous statute, wrote Judge L. Mark Bailey. He also noted reading the statute retroactively would yield a result which the court presumes the Legislature didn’t intend. The judges doubted that the General Assembly would allow for, essentially, the post-hoc halving of sentences without at least some indication that it was intentionally pursuing such an end.

The Court of Appeals also rejected Brown’s argument that not retroactively applying the statute to him deprives him of Equal Protection. The judges found the state’s avoidance of the administrative burden of recalculating sentences to be a legitimate government interest. The state also has a legitimate interest in protecting the integrity of sentences already imposed, wrote Judge Bailey.
 

ADVERTISEMENT

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  2. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  3. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  4. Why do so many lawyers get away with lying in court, Jamie Yoak?

  5. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

ADVERTISEMENT