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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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