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Inmate loses challenge to law ending certain educational funding

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The 2011 amendment that stopped state funding of postsecondary education programs in correctional facilities for convicted felons who are confined in a penal facility is not an ex post facto law nor does it violate an inmate’s constitutional rights, the Indiana Court of Appeals ruled.

Terrell Hawkins, who was incarcerated for Class A felony dealing in cocaine, was halfway through obtaining an associate’s degree from Ivy Tech Community College when Ivy Tech ended its program in the prison. The Legislature amended Indiana Code 21-12-3-13 to restrict certain felons from receiving state-funded educational programs.

Hawkins, now unable to finish his degree, filed a verified petition for additional credit time, which was denied. He raised several arguments: the amendment violates constitutional prohibitions against ex post facto laws, his constitutional right to equal protection was violated; and his right to equal treatment under the Indiana Constitution was violated.

He claimed the violations happened when inmates who had only one semester left until completing their degrees were allowed to finish the program, whereas he was no longer able.

The Court of Appeals affirmed the denial of his petition for additional credit time. The amendment is not an ex post facto law because although he may have lost a chance to get educational credit time, the amendment didn’t increase his sentence or alter the definition of his criminal conduct, Senior Judge William Garrard wrote in Terrell Hawkins v. State of Indiana, 49A04-1201-CR-12.

The distinction between the two groups of inmates has a rational basis and serves a legitimate governmental purpose of encouraging inmate rehabilitation despite budgetary challenges, he continued.

The judges also found that the denial of his credit time petition did not violate the language or intent of I.C. 35-50-6-3.3.

 

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

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  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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