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Criminal Code bill gets Senate hearing

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Concerns over sentencing provisions and pleas for adequate funding dominated the Senate hearing on legislation overhauling the state’s criminal code.

Members of the Senate Committee on Corrections and Criminal Law convened today to review House Bill 1006 and hear testimony from various proponents and opponents of the measure.

Committee Chair Sen. Mike Young recessed the hearing after two and a half hours. The committee will meet at 10 a.m. Thursday to review proposed amendments.

HB 1006 increases the penalties for offenders sentenced to prison but balances that against providing treatment and programs in the local communities for low-level criminals. This approach is promoted as a way to reduce recidivism and lower the cost of incarceration for the state.

Advocates for intensive probation over prison warned without a proper level of funding, the communities will not be able to offer the help these low-level offenders need and eventually these people will be pushed into the Indiana Department of Correction.

Don Travis, president of the Probation Officers’ Professional Association of Indiana, strongly encouraged the committee to provide the funding that communities need to implement alternative programs.

“If this bill goes into effect without the proper community resources,” he said, “it will not have the effect that’s anticipated.”

Steve Luce, executive director of the Indiana Sheriffs Association, also pushed for funding. He noted treatment programs do work with redirecting many inmates away from criminal activity. However, the key piece is funding dollars.

While Larry Landis, executive director of the Indiana Public Defender Council, applauded the bill’s sentencing proportionality, he said the measure fell short on reformation.

He pointed to the Indiana Constitution which calls for a penal code founded on reformation instead of vindictive justice. This bill, in its current form, he said, looks more toward retribution rather than rehabilitation.

He predicted the sentencing provisions, which call for inmates to serve at least 75 percent of their terms, will increase the state’s prison population. Also, echoing the previous speakers, he noted without proper funding to the communities, the offenders will not be monitored or supervised so they will likely violate their probations and end up in the Department of Correction which will make the current problem worse.

Landis proposed the sentencing language in the bill be rewritten to mirror the current sentencing standards. Then a summer study committee can review the data and develop a better sentencing structure.





 

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  1. 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

  2. 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.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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