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Criminal law committee sends sentencing bill to Legislature

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What was called the key to making Indiana’s new criminal code work has received a nod of approval and is now headed to the Legislature.

The Criminal Law and Sentencing Policy Study Committee concluded its work Dec. 19 by approving a handful of proposed bills, including one on sentencing. Committee Chair, R. Michael Young, R-Indianapolis, said he felt good about what the interim group was able to accomplish this summer and fall.

Much of the focus of the committee’s agenda has been on reducing the rate of recidivism in the state and devising a sentencing grid for the new criminal code contained in HEA 1006, passed during the 2013 session. Sentencing became the hot-button issue as prosecutors pushed for stiffening the penalties and public defenders advocated for lowering the maximum prison terms for low-level offenders.

Young appointed four committee members – Republicans Sen. Brent Steele, and Reps. Greg Steuerwald and Jud McMillin, along with Democrat Rep. Matt Pierce – to draft changes to the sentencing portion of HEA 1006.

The bill’s provisions 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 Three, Four and Five 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

Steele, chair of the sentencing workgroup, said the four legislators took ideas from prosecutors and public defenders to craft a bill that would lower the inmate population at the Indiana Department of Correction and provide effective treatment alternatives for low-level offenders.

He said sentencing policy is the key to making HEA 1006 work.

The committee passed the draft on a 9 to 4 vote. David Powell, executive director of the Indiana Prosecuting Attorneys Council voted yes. Both Larry Landis, executive director of the Indiana Public Defender Council, and Randy Koester, deputy commissioner of re-entry for the DOC, voted against the measure. They cited concerns that the sentencing structure would increase the prison population and overload the state’s penal system.

The committee also unanimously approved a draft proposal that established a mental-health pilot project in Marion County to provide mental health and addiction services to offenders who are released from prison.

A bill establishing another pilot project in Marion County drew heavy opposition. Authored by Young, the measure would create a three-year program to consolidate community corrections and the probation department.

Stakeholders in the criminal justice system asked the committee to scrap the bill and allow them to write the legislation. They were concerned about what they saw as a top-down approach.

Young emphasized the bill will only impact Marion County and that he intends to listen to the stakeholders to improve the draft during the legislative session. Other committee members noted the measure was imperfect but it offered a good starting point to craft something better.

The proposed legislation narrowly passed with an 8 to 5 vote.

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 of the number of victims of domestic and sexual violence and why these crimes are underreported.   
 

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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