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Steuerwald: Lawmakers rewriting Indiana's outdated criminal code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. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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