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Criminal law committee passes pilot programs, studies

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Four proposals approved during the final meeting of the Criminal Law and Sentencing Policy Study Committee appear headed for consideration during the 2014 session of the Indiana General Assembly.

The primary piece of legislation passed was a cleanup bill that established sentencing policy for the state’s new criminal code. Key provisions in the draft include:

• limiting the number of times an offender may file a petition to modify a sentence

• removing the requirement that courts hold a hearing on petitions to modify

• requiring additional prison terms for habitual offenders

• increasing advisory sentences for Level 3, 4 and 5 felonies

• increasing the number of crimes for which sentences are nonsuspendible

• requiring education credit-time be deducted from the release date

• removing the requirement that the courts explain their reasoning when imposing the advisory sentences

• giving a juvenile court jurisdiction over a child charged with criminal gang activity

• allowing offenders charged with a Level 5 or Level 6 felony to be put into a pretrial diversion program.

The committee also approved two bills that create pilot projects in Marion County.

The first bill establishes a three-year pilot program consolidating Marion County probation and community corrections. Joining together the operations, funding and staff, the new office will be called the Marion Superior Court Community Supervision Department. Funding will come through the community supervision fund, consisting of grants, appropriations and fees, and will be administered by an executive committee.

The other bill establishes a three-year mental health pilot project that requires community corrections to reduce recidivism by using evidence-based services, programs and practices. Mental health and substance-abuse treatment will be funded by grants and include vocational services, housing assistance and community support services.

Finally, the committee unanimously approved a proposal by Rep. Christina Hale, D-Indianapolis, to study the underreporting of certain crimes.

Hale’s bill requires the Commission on Improving the Status of Children in Indiana to study the underreporting of crimes against children. It also requires the Indiana Department of Health or its Office of Women’s Health to conduct a study on the number of victims of domestic and sexual violence, why these crimes are underreported, best practices to improve reporting, and the most effective way to connect victims with appropriate treatment.•

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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