YIR: Overhaul of criminal code takes effect

A landmark event occurred July 1 when Indiana began implementing its new criminal code, the first major overhaul of the massive statute in more than 35 years. Prosecutors, public defenders and judges around the state attended special seminars, updated computer programs and read through the new criminal code in preparation for the switch. Many said they will need about six months before they feel comfortable with the new code, and they expect they will be juggling cases charged under the old code for at least another 12 to 18 months.

Under the new code, felonies are no longer classified by letters, but by levels 1-6. Sentences and credit time have also changed for some crimes. Generally, the new criminal code divides offenses so individuals convicted of drug and nonviolent crimes will get one day credit for every day served, while persons guilty of violent crimes will get one day credit for every three days served. Consequently, defendants convicted of serious offenses, like murder and rape, will have to serve at least 75 percent of their sentences.

In general, penalties for drug offenses were reduced with placement made in a community-based treatment program rather than incarceration in the Department of Correction.

Indiana’s new criminal code is the result of several years of work in the Legislature. The intent is to put proportionality back into the statutes by making sure the penalties are appropriate for the crimes as well as to ease overcrowding in the state prisons by incarcerating only violent offenders while providing alternative sentences to the nonviolent defendants.

The General Assembly passed the overhaul during the 2013 session but delayed the effective date until July 1, 2014. Work continued on House Enrolled Act 1006 and, in the 2014 legislative session, lawmakers revamped the sentencing structure to try to give judges more discretion and to ensure the Indiana Department of Correction would not run out of space.