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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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