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Judges persuade Commission on Courts to reject bail bond proposal and review use of psychologists

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Proposed legislation regarding bail bonds died Oct. 21 in the Indiana General Assembly’s Commission on Courts hearing after Indiana Supreme Court Chief Justice Brent Dickson raised concerns about constitutionality and legislative overreach.

“Once a suspect is arrested and placed in custody, it is the exclusive responsibility of the judiciary to evaluate and make all decisions regarding the basis for pre-trial release, if any,” Dickson, who is a member of the commission, told his colleagues. “While it may be the Legislature’s prerogative to regulate the business of insurance, including bail surety bonds, this legislative power cannot impinge upon the judiciary’s authority to implement the constitutional right to bail, including the setting of all terms and conditions of release from pre-trial detention.”

The commission heard extensive testimony in July from bail bond agents and Hendricks Superior Judge Robert Freese about the differences between and consequences of surety bonds and cash bonds. Bail bond agents alleged that courts are increasingly requiring cash bonds as a way to finance their judicial operations.

After Dickson made his remarks at Monday’s meeting, commission chair Sen. Brent Steele said he did not see anything in the proposed bill that would limit judicial discretion as the chief justice described. Judges could still set the bail at the amount they wanted, but the defendants would have the option of choosing the type of bail that best suits their resources, the Bedford Republican said.

Dickson responded that in his reading of the draft, the legislation would prohibit judges from releasing defendants based on their own recognizance. He pointed to Freese’s comments that discharging low-level offenders without bail has proven to be very effective in getting them to appear at their court dates.

Also, Dickson raised concerns that the legislation would prohibit any future movement by judges to use risk assessment tools when they make their pre-trial detention decisions. He said for individuals not charged with non-violent felonies, these tools have been shown to result in a high number of defendants returning to court, greater public safety and taxpayer savings.

Steele again said he did not see how the bill would restrict judges. He then asked for a motion on the proposed legislation. None of the commission members responded, causing the draft to die.

Allen Circuit Judge Tom Felts kept alive a proposal that would remove the current statutory requirement that judges appoint at least one psychiatrist to the team assessing the competence and mental health of a criminal defendant.

At the Sept. 24 meeting, members of the Indiana Psychological Association testified the law should be rewritten because the shortage of psychiatrists willing to assess criminal defendants is causing significant problems for the courts. However, certified forensic psychiatrist George Parker countered the medical training psychiatrists receive is invaluable in evaluating defendants’ physical aliments and use of medications.

Steele did not offer any proposed legislation regarding the use of psychologists and psychiatrists at Monday’s session, saying his interpretation of the commission’s response to the testimony was that the system is not broken and does not need to be fixed.

However, Felts echoed many judges when he noted courts can have an extremely difficult time finding psychiatrists. He said he would like to see a proposal go forward and Steele agreed to have a bill drafted.

The commission unanimously approved a proposal adding another magistrate to Vanderburgh County.

Also, the commission unanimously endorsed a bill that would tweak the language in the pendency of appeal statute. Henry Circuit Judge Mary Willis, representing the Indiana Council of Juvenile and Family Court Judges, told the commission the push for the change was ignited by the Indiana Supreme Court decision in In Re the Matter of Adoption of Minor Children: C.B.M. and C.R.M.: C.A.B. v. J.D.M. and K.L.M., 37S03-1303-AD-159.  

Willis described this case as the “perfect storm.” The adoption petition proceeded before the order for termination of parental rights had been finalized which, under the current wording of the state statute, is legal. However, when the Supreme Court vacated the adoption decree, the adoption was reversed and the minor children were removed from the only home they ever knew.

To prevent this from happening again, the Juvenile Justice Improvement Committee and the Indiana Council of Juvenile and Family Court Judges recommended changing Indiana Code 31-19-11-6. The proposed wording makes clear that courts may not hear and grant a petition for adoption if the termination of parental rights is being appealed.

“That way, when kids get their final adoption decision, it is final,” Willis said after the hearing. “The horrible call is not made that there is a problem with that adoption. And the biological parents know they have every right to pursue their appeal until a final decision is made.”     
 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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