Indiana Department of Correction

Indiana sentencing change delays need for more prison space

June 22, 2015
 Associated Press
Indiana lawmakers' decision to start sending more low-level criminals to community corrections and jails has delayed the state's need for new prison space for at least one year, officials say.
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Probationer’s admission to smoking marijuana supports revocation

May 27, 2015
Jennifer Nelson
Because a man on probation admitted to participating in unlawful conduct during his probationary period, the trial court correctly revoked his probation, the Indiana Court of Appeals ruled.
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Double jeopardy requires reversal of 1 of prisoner’s convictions

May 20, 2015
Jennifer Nelson
An inmate in the Miami Correctional Facility scored a partial victory before the Indiana Supreme Court Tuesday. The justices reversed one of his convictions for battering a correctional officer, but declined to reduce his eight-year sentence.
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COA orders man resentenced with credit time considered

March 31, 2015
Jennifer Nelson
Although the Indiana Court of Appeals disagreed with a defendant’s argument on appeal, it still found the trial court erred when it ordered him to serve the entirety of his original sentence without any credit time for time spent on home detention.
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Judges tweak offender’s amount of credit time awarded

March 4, 2015
Jennifer Nelson
A trial court incorrectly calculated the amount of credit for the time a man had served prior to the revocation of his probation as well as the sentence imposed after the revocation, the Indiana Court of Appeals ruled.
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Inmate entitled to hearing on damages following public records request

February 25, 2015
Jennifer Nelson
A Marion County court should have considered a Department of Correction inmate’s claims for civil penalties and court costs against the DOC instead of dismissing the case after the DOC produced the public records the inmate sought, the Court of Appeals ruled.
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7th Circuit stresses holding Pavey hearing separate from summary judgment hearing

February 5, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment for the Indiana Department of Correction and its commissioner on a disabled inmate’s claims of violations of the Americans with Disabilities Act and the Rehabilitation Act. The judges also suggested that courts do not hold a Pavey hearing at the same time as a hearing on a motion for summary judgment.
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Pence's $51M prison expansion proposal met by skepticism

January 19, 2015
 Associated Press
Gov. Mike Pence's proposal for expanding two state prisons is drawing skepticism from some legislative leaders as it comes just months after Indiana's criminal sentencing laws changed in part to reduce the need for more prison space.
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Despite jury instruction error, man’s battery conviction upheld

December 17, 2014
Jennifer Nelson
Although the trial court erred in giving one jury instruction on self defense that only applies when deadly force is involved, the Indiana Court of Appeals affirmed an inmate’s Class A misdemeanor battery conviction because he otherwise couldn’t prove his self-defense claim.
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Woman fails to prove discrimination claims after she lost counseling job

December 10, 2014
Jennifer Nelson
A woman who was not hired by the private company the Department of Correction contracted with to provide counseling for inmates could not prove the company’s decision was due to age or sex discrimination.
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DOC credit-time policy does not result in disparate treatment

December 8, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected an inmate’s argument in his lawsuit challenging the constitutionality of the Department of Correction’s policy concerning the restoration of credit time for inmates. Because the policy does not result in disparate treatment, the judges affirmed the lower court ruling in favor of the DOC.
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Indiana prison sued for allegedly banning journal

December 2, 2014
 Associated Press
A journal that reports on the rights of inmates is suing an Indiana correctional facility for denying its prisoners access to the publication, attorneys announced Monday.
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COA: Judge should dismiss habeas petition

November 12, 2014
Jennifer Nelson
The Indiana Court of Appeals found a Henry County judge erred when he denied an inmate’s petition for habeas corpus challenging a disciplinary decision from the Indiana Department of Correction. The judge should have instead dismissed the petition.
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COA: Standard of care same for all doctors

November 10, 2014
Jennifer Nelson
The Indiana Court of Appeals ruled in a medical malpractice claim brought by a former inmate who had gender reassignment surgery that the standard of care for doctors practicing inside prisons is the same as the standard of care for those practicing outside of prison.
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COA dismisses appeal as moot since inmate has been released

October 31, 2014
Jennifer Nelson
Because a man who was sent to the Department of Correction after his community corrections placement was revoked has been released from prison, his appeal is moot, the Indiana Court of Appeals ruled Friday.
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Man convicted in Purdue shooting found dead

October 29, 2014
 Associated Press
State correction officials say an Indiana man who fatally stabbed and shot a fellow Purdue University student earlier this year has been found dead in his prison cell.
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COA: Court must rule on incarcerated father’s request for counsel

October 27, 2014
Jennifer Nelson
The Indiana Court of Appeals has reversed the adoption of a child by the maternal grandparents after finding the trial court violated the father’s due process rights when it did not rule on his request for counsel.
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SCOTUS rejects 3 Indiana cases

October 6, 2014
Dave Stafford
The Supreme Court of the United States on Monday declined to review a ruling that struck down Indianapolis’ limits on the hours that adult bookstores can operate.
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Plainfield facility to house low-risk, first-time offenders

October 2, 2014
Jennifer Nelson
Gov. Mike Pence announced Thursday the conversion of a Plainfield short-term offender program into an individualized program for first-time, lower-risk offenders sentenced to prison.
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Court must reconsider man’s request for credit time

October 1, 2014
Jennifer Nelson
A trial court mistakenly believed it could not award educational credit time to a man serving his sentence on home detention, so the Indiana Court of Appeals ordered the court to re-evaluate his petition.
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Prison agency gets $1 million to fight injuries

September 29, 2014
 Associated Press
The Indiana Department of Correction has been awarded nearly $1 million to identify offenders with traumatic brain injuries and help them avoid a return to prison.
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Justices affirm adoption despite father’s untimely appeal

September 25, 2014
Jennifer Nelson
The Indiana Supreme Court in its decision affirming the adoption of a girl first tackled the issue of appellate jurisdiction to entertain the biological father’s appeal.
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Mentally ill inmates straining jail and DOC resources

September 24, 2014
Marilyn Odendahl
An interim legislative committee is examining the need for treatment options but is unsure if funding will be available.
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County sheriffs tell dire stories of mentally ill held in local jails

September 16, 2014
Marilyn Odendahl
From different communities in different parts of Indiana, two county sheriffs told lawmakers very similar stories about the mentally ill individuals who end up in their jails.
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Closure of Indiana juvenile boot camp put on hold

September 10, 2014
 Associated Press
State officials are delaying the closure of a paramilitary-style boot camp for juvenile offenders in northwestern Indiana.
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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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