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Transition period starting as new criminal code takes effect

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Criminal court judges in Indiana have now begun instituting the most comprehensive overhaul to the state’s criminal code in more than 30 years.

House Enrolled Act 1006, passed by the Indiana Legislature during the 2013 session, became effective July 1. The General Assembly reworked the state’s criminal code with the goal of making sentences proportional to the crime and reserving prison space for violent offenders. It also placed new emphasis on providing community-based treatment for non-violent offenders who commit drug and property crimes.

The switch will not be clean. Judges will have to alternate between the old and new criminal codes since some defendants appearing before them in the days ahead committed their offenses prior in July 1. Grant Circuit Court Judge Mark Spitzer expects by the end of the year, sitting judges will be comfortable with the new law but, he acknowledged, getting comfortable will take time.

“Certainly the transition period is going to be interesting,” Spitzer said.

The Indiana Judicial Center has been offering training sessions to judges since November to review the new criminal code. Spitzer is among the judges who have conducted the sessions, and he anticipates most of the trial judges in the state will have participated in the seminars by the end of the month.

In addition, judges at the seminars are being given a quick reference guide to the new code which they can keep in the court to answer any questions.

The most uncertainty associated with the new code, Spitzer said, is the requirement that low-level offenders be kept in their home counties and offered treatment for their addictions. No one knows how the local jail populations will be impacted.

Spitzer said while non-violent offenders can, in theory, be handled in county jails, in practice it will be a challenge for local governments since very little or no additional funding for the inmates will be coming from the state.

Still, Spitzer said, these community-based programs can reduce recidivism which can save all sorts of costs. Overall, he concluded, the changes to the criminal code are good but “change is difficult for everyone and this will be difficult.”

 
 

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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