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Interim criminal law study committee to examine sentencing questions

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The process to correct and clarify House Enrolled Act 1006, the massive piece of legislation overhauling the state’s criminal code, will begin Aug. 15 at the first meeting of the Indiana General Assembly’s Criminal Law and Sentencing Policy Study Committee.

The Legislative Council saddled the committee with a hefty agenda, leading Chairman Sen. R. Michael Young, R-Indianapolis, to say he expects the committee will need to meet more than the four times allotted and the meetings will probably be all-day affairs.

At Thursday’s meeting, the group will begin reviewing provisions in HEA 1006 that have been earmarked as in need of correcting or clarifying. The agenda calls for committee members to discuss a draft of a Title 7.1 revision and unspecified fiscal issues.    

Young  pointed out the committee has a specific duty and will not be considering the broad question of whether or not Indiana’s criminal code should be changed.

“Our charge is not policy but merely to reconcile and review so it all goes together,” Young said. “We won’t be rethinking policy.”

Thursday’s meeting will start at 10 a.m. and be held in room 130 of the Statehouse, 200 W. Washington St.

When HEA 1006 was passed by the 2013 Legislature, the bill was delayed from taking effect until July 1, 2014. This was purposefully done in order to give the General Assembly time to tweak the measure.   
 
One key duty the committee has during this interim session will be to study the sentencing provisions in HEA 1006 and try to settle the dispute over whether the legislation will increase or decrease the number of inmates in Indiana, especially at the county jails. Currently, the Indiana Department of Correction’s view that the bill will expand the state’s prison population is at odds with the interpretation by the Legislative Services Agency that the number of incarcerated will drop.

Rep. Greg Steuerwald, who authored HEA 1006 and is a member of Young’s committee, said sentencing remains a big issue but, based on experiences in other states, the revision of the criminal code could bring a reduction in prison population along with a lower crime rate and drop in recidivism in Indiana.  

“I’m very happy with where we are at this point,” the Danville Republican said. “I think we’re probably 80 to 90 percent done, but what is left to be done is very critical. In some respects it’s the most important piece. We’ve got to make sure we get the sentencing grid correct.”

To provide an analysis, the committee may get help from the Indiana Criminal Justice Institute. According to Steuerwald, the ICJI would spend its funds to hire outside experts to review HEA 1006’s sentencing guidelines and assess the impact on the state’s inmate population.

Based on that data, Steuerwald said, the committee would then adjust the sentencing grid to maintain proportionality and control the prison population.

However, the representative emphasized no one has been hired to do this analysis. Rather, the committee is sending a request, outlining what it wants the outside experts to provide, and asking for a cost estimate.











 

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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