State agencies

Some police, prosecutors back tougher cold-medicine law

December 29, 2015
 Associated Press
Some Indiana police agencies say their fight against methamphetamine production would be helped by a proposed state law change to require a doctor’s prescription for a common cold medicine that is used to make the illegal drug.
More

Pence may argue charity can’t represent Syrian refugees

December 24, 2015
Dave Stafford
Indiana Gov. Mike Pence may argue the Indianapolis charity that sued him for attempting to suspend its federal government-approved resettlement of Syrian refugees has “a lack of any valid right of action or standing to assert the rights of refugees,” court filings show.
More

Court rules in favor of Columbia Sportswear in income tax dispute

December 21, 2015
Jennifer Nelson
The Indiana Tax Court ruled Friday that the Indiana Department of State Revenue’s adjustments to Columbia Sportwear’s net income for tax years 2005-2007 were not proper and granted summary judgment in favor of the clothing company.
More

Judge: Tax board correctly reduced shopping center’s assessment

December 4, 2015
Jennifer Nelson
The Indiana Board of Tax Review did not err when it reduced the real property assessment of an Indianapolis shopping center by reinstating the previous year’s assessment, the Indiana Tax Court held Thursday.
More

FSSA incorrectly imposed transfer penalty on Medicaid recipient

November 18, 2015
Jennifer Nelson
Based on evidence presented that a Medicaid recipient’s home sold for $75,000 – the fair market value – and proceeds went back to the irrevocable trust that held legal title of the home, the Family and Social Services Administration incorrectly imposed a transfer penalty against the woman after it found the fair market value was $91,900, the Court of Appeals ruled Wednesday.
More

New state program aims more money at treating offenders

November 9, 2015
 Associated Press
Indiana's first statewide program that pays for addiction and mental health treatment for convicted felons sent to community corrections instead of jail or prison is now underway in a push that's targeting uninsured offenders.
More

IURC must reconsider Vectren’s plant modification, rate reimbursement requests

October 29, 2015
Jennifer Nelson
Even though a utility company completed many of the projects it received approval for regarding modifications of coal-powered generating stations, that does not render an appeal by various environmental groups moot, the Indiana Court of Appeals held Thursday.
More

Preventable medical errors hit new high in Indiana

October 22, 2015
 Associated Press
New data released from the Indiana State Department of Health shows that the state has set another record for medical errors.
More

Advisory council approves recommendations for DOC funds

October 21, 2015
Marilyn Odendahl
A recommendation to sprinkle $5 million in new state funding across nearly half of Indiana's counties has been unanimously approved by the Justice Reinvestment Advisory Council, paving the way to expand treatment and rehabilitation programs to help low-level offenders.
More

Communities request more funds than DOC has available

September 28, 2015
Marilyn Odendahl
In advance of lower-risk offenders staying in local jails instead of going to state prisons, counties across Indiana have requested more than $17 million from the state. However, for the first round of appropriations this fiscal year, the Department of Correction only has $5 million to give.
More

TDSIC settlement agreement rejected by state utility regulators

September 25, 2015
Marilyn Odendahl
Citing the Indiana Court of Appeals’ ruling, the state utility regulatory agency rejected a power company’s attempt to use a new state statute to charge customers more.
More

COA affirms on rehearing ruling against revenue department

August 31, 2015
Dave Stafford
The Indiana Court of Appeals affirmed on rehearing Monday its opinion reversing summary judgment in favor of the Department of Revenue in a dispute over whether an award from a state agency in Marion County could be levied against a judgment in Marshall County.
More

COA affirms IURC has no jurisdiction over gas vendor

August 28, 2015
Dave Stafford
A northern Indiana business that filed a complaint with the Indiana Utility Regulatory Commission when its gas bills were higher than expected lost its appeal of the agency’s dismissal of the complaint Friday.
More

Indiana officials issuing fewer waivers to state ethics law

August 17, 2015
 Associated Press
State records show that Indiana officials have been issuing fewer waivers that would let state employees take related jobs in the private sector before a yearlong wait.
More

Toyota dealership relocation to Fishers divides appeals court

August 13, 2015
Dave Stafford
Whether three competing greater Indianapolis Toyota dealers may block the relocation of another Toyota franchise from Anderson to Fishers divided a panel of the Indiana Court of Appeals Thursday.
More

Governor: New Statehouse doors about public safety

August 13, 2015
 Associated Press
Gov. Mike Pence says his administration's request to spend nearly $875,000 on new doors for the Indiana Statehouse is “about putting public safety first.”
More

Pence authorizes hiring 113 new DCS caseworkers

August 13, 2015
IL Staff
Governor Mike Pence Thursday announced the authorization of 113 additional Department of Child Services caseworkers to meet the demand caused by increased cases across the state. DCS will present its annual report to the State Budget Committee Friday.
More

Indiana clears Planned Parenthood of wrongdoing after videos

July 31, 2015
 Associated Press
Indiana on Thursday cleared Planned Parenthood facilities that perform abortions in the state of any wrongdoing in the handling of fetal tissue.
More

Confederate flag license plate bid spurned by top US court

June 18, 2015
 Bloomberg News
Texas acted legally when it refused to issue a license plate depicting the Confederate battle flag, the Supreme Court of the United States ruled in a decision that means dozens of states won’t have to open up their specialty-tag programs.
More

Tax on out-of-state earnings may be illegal under SCOTUS ruling

June 17, 2015
Dave Stafford
Thousands of Hoosiers with out-of-state earnings may have paid tens of millions of dollars in illegal tax, but whether litigating the issue will be worthwhile remains a question for experts in tax law, accounting and public policy.
More

Care facility’s petition for judicial review barred by res judicata

June 10, 2015
Jennifer Nelson
A Merrillville nursing facility’s third petition seeking judicial review of the state Department of Health’s decision to deny a full license to the facility was barred by a previous petition for judicial review of the matter, the Indiana Court of Appeals ruled.
More

Indiana securities commissioner abruptly resigns

May 27, 2015
IBJ Staff
Carol Mihalik resigned as Indiana’s securities commissioner, the state announced.
More

ESPN to appeal Indiana judge's ruling on Notre Dame police

May 21, 2015
 Associated Press
ESPN will appeal a northern Indiana judge's ruling that the University of Notre Dame police department is not subject to the state's open records law.
More

Audit: Indiana Bureau of Motor Vehicles used ambiguous fees

May 12, 2015
 Associated Press
The Indiana Bureau of Motor Vehicles lacks oversight, uses a complex fee schedule that leads to inconsistent charges for the same transactions and may have overcharged motorists more than previously disclosed, according to an independent audit released Monday.
More

Capstone of criminal code reform put in place during 2015 session

May 6, 2015
Marilyn Odendahl
The bill establishing the funding and the mechanism to distribute the dollars needed for Indiana’s new criminal code reform had a bumpy ride through the Statehouse. But in the final hours of the 2015 legislative session, lawmakers approved language that ensured the money would be funneled through local programs and projects designed to reduce recidivism and ease overcrowding in Indiana’s prisons.
More
Page  << 1 2 3 4 5 6 7 8 9 10 >> pager
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

  2. Freedom as granted in the Constitution cannot be summarily disallowed without Due Process. Unable to to to the gym, church, bowling alley? What is this 1984 level nonsense? Congrats to Brian for having the courage to say that this was enough! and Congrats to the ACLU on the win!

  3. America's hyper-phobia about convicted sex offenders must end! Politicians must stop pandering to knee-jerk public hysteria. And the public needs to learn the facts. Research by the California Sex Offender Management Board as shown a recidivism rate for convicted sex offenders of less than 1%. Less than 1%! Furthermore, research shows that by year 17 after their conviction, a convicted sex offender is no more likely to commit a new sex offense than any other member of the public. Put away your torches and pitchforks. Get the facts. Stop hysteria.

  4. He was convicted 23 years ago. How old was he then? He probably was a juvenile. People do stupid things, especially before their brain is fully developed. Why are we continuing to punish him in 2016? If he hasn't re-offended by now, it's very, very unlikely he ever will. He paid for his mistake sufficiently. Let him live his life in peace.

  5. This year, Notre Dame actually enrolled an equal amount of male and female students.

ADVERTISEMENT