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Justices: Good-time-credit amendment not retroactive

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The Indiana Supreme Court interpreted a 2010 amendment on credit time earned during placement in community corrections to only apply to those placed on home detention on or after its July 1, 2010, effective date.

Douglas Cottingham sought to receive good-time credit under Indiana Code 35-38-2.6-6 when his home detention under a community-corrections program was revoked and he was ordered to serve time in the Department of Correction. He was placed on home detention before the 2010 amendment took effect.

Before the amendment to section 6, the General Assembly expressly provided that persons placed on home detention in community-corrections programs weren’t entitled to earn good-time credit. The amendment removed language preventing someone from earning that credit.

Justice Frank Sullivan noted in the opinion released Thursday that there is a conflict in the Indiana Court of Appeals on whether the amendment is retroactive. The justices examined the amendment language and held that it only applies to people put on home detention on July 1, 2010, or later.

“By using ‘is placed’ (or by not amending that language as it existed in the prior statute), we think that the Legislature intended for this amendment to apply only to those persons who ‘are placed’ on home detention on or after the amendment’s effective date,” he wrote. “If the Legislature intended for the amendment to apply to persons who had already been placed on home detention, it would have used language to include such persons – language like ‘a person who has been placed’ or even ‘a person who is in community corrections.’"

He pointed out an offender who committed an offense before the statute’s effective date and was placed on home detention after the effective date would be eligible for good-time credit.

 

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  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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