ILNews

Transition period starting as new criminal code takes effect

Back to TopCommentsE-mailPrintBookmark and Share

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.”

 
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

ADVERTISEMENT