Articles

Advisory council approves recommendations for DOC funds

A recommendation to sprinkle $5 million in new state funding across nearly half of Indiana’s counties has been unanimously approved by the Justice Reinvestment Advisory Council, paving the way to expand treatment and rehabilitation programs to help low-level offenders.

Read More

Inmate loses request for Xbox, other privileges

The Department of Correction has a rational reason for limiting which inmates qualify to be housed in a “Honor Unit,” in which they have access to video games and weights, the Indiana Court of Appeals held in affirming summary judgment for the DOC on an inmate’s lawsuit.

Read More

DOC recommends stretching $5 million to 41 counties

The Indiana Department of Correction, going against previous advice, has proposed spreading newly available state money around to several counties to help provide rehabilitation and treatment for the low-level offenders who will be coming to county jails.

Read More

Communities request more funds than DOC has available

In advance of lower-risk offenders staying in local jails instead of going to state prisons, counties across Indiana have requested more than $17 million from the state. However, for the first round of appropriations this fiscal year, the Department of Correction only has $5 million to give.

Read More

Man loses appeal over predator designation

A trial court properly denied a man’s motion for a declaratory judgment seeking to overturn a Department of Correction designation that he is a sexually violent predator and offender against children.

Read More

COA orders man resentenced with credit time considered

Although the Indiana Court of Appeals disagreed with a defendant’s argument on appeal, it still found the trial court erred when it ordered him to serve the entirety of his original sentence without any credit time for time spent on home detention.

Read More

7th Circuit stresses holding Pavey hearing separate from summary judgment hearing

The 7th Circuit Court of Appeals affirmed summary judgment for the Indiana Department of Correction and its commissioner on a disabled inmate’s claims of violations of the Americans with Disabilities Act and the Rehabilitation Act. The judges also suggested that courts do not hold a Pavey hearing at the same time as a hearing on a motion for summary judgment.

Read More

Despite jury instruction error, man’s battery conviction upheld

Although the trial court erred in giving one jury instruction on self defense that only applies when deadly force is involved, the Indiana Court of Appeals affirmed an inmate’s Class A misdemeanor battery conviction because he otherwise couldn’t prove his self-defense claim.

Read More

DOC credit-time policy does not result in disparate treatment

The Indiana Court of Appeals rejected an inmate’s argument in his lawsuit challenging the constitutionality of the Department of Correction’s policy concerning the restoration of credit time for inmates. Because the policy does not result in disparate treatment, the judges affirmed the lower court ruling in favor of the DOC.

Read More