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Steuerwald: Lawmakers rewriting Indiana's outdated criminal code

January 30, 2013
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Indiana Lawyer Commentary

By Rep. Greg Steuerwald
 

steuerwald Steuerwald

Rewriting Indiana’s criminal code is an issue that my colleagues and I have spent years analyzing. The code has been enhanced in the past, but there has not been a significant overhaul since 1977. I believe that the time has come to change that and provide Hoosiers with an appropriate, updated criminal code, which is the focus of House Bill 1006.

In 2009, the Criminal Code Evaluation Commission was created and charged with the task of “evaluating the criminal laws of Indiana.” I was a member of this commission, which consisted of elected officials and a number of experts in the criminal justice field. From March 2011 to July 2012, the CCEC met over 43 times to discuss the merits of the criminal code and possible revisions.

The guiding principles that the commission strived to achieve in rewriting Indiana’s criminal code included the following: consistency, proportionality, like-sentences for like-crimes, new criminal penalties and sentencing schemes designed to keep dangerous offenders in prison, but avoid using scarce prison space for non-violent offenders.

Before I was a lawyer, I served two years as a certified Probation Officer with the Indiana Department of Correction. During my time in that position, and in my current position, I witnessed the need to restructure our current system. One of the biggest issues facing our judicial system is the correct sentencing policies, which is causing violent offenders to be released early.

With 28,378 inmates housed in the Indiana Department of Correction, an estimated 15,000 are being held solely on the lowest felonies. The cost per day to house an inmate is $56.88. The proposed criminal code revisions, as recommended by the commission, will create a way for the state to cut prison costs while providing a sentence grid that applies a more specific sentence to criminal offenses.

There are four classes of felonies in our current criminal code (Classes A-D). The changes that the CCEC recommended would expand the four classes to six by dividing Class A and Class B into two parts. Murder will be its own separate classification. As proposed, all criminal defendants sentenced to Department of Correction will serve 75 percent of their sentence as opposed to 50 percent served under the current criminal code. The recommendations from the commission to the General Assembly will become effective July of 2014.

HB 1006 was heard in the Courts and Criminal Code Committee on Jan. 16. The new criminal code has bipartisan support and was also supported by Ralph Foley, former chair of Courts and Criminal Code, the Indiana Prosecuting Attorneys Council, Indiana Public Defender Council and the Indiana Sheriffs’ Association. HB 1006 passed out of committee unanimously and will be sent to the Ways and Means Committee on its next step in the legislative process.

As we move forward this session, it is imperative that the issue of rewriting Indiana’s criminal code remains a priority. These changes will make Indiana’s laws work for Hoosiers, creating a safer and more responsible state.•

__________

Rep. Greg Steuerwald, R-Danville, has been a member of the Indiana House of Representatives since 2007. He is an attorney with Steuerwald Hannon Zielinski & Witham. The opinions expressed are those of the author.

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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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