Articles

Federal incarceration doesn’t count toward speedy trial clock

The Indiana Court of Appeals has upheld a Marion Superior judge’s decision not to dismiss charges against a man who alleged his constitutional right to a speedy trial was violated because the state didn’t bring his case to trial within a year, as required by Rule 4(C) of the Indiana Rules of Criminal Procedure.

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7th Circuit rules on Indiana’s prison grievance process

Addressing a question for the first time about prison inmate complaints, the 7th Circuit Court of Appeals held that a prisoner's participation in internal affairs investigations isn’t an alternative for the administrative process an inmate must follow in filing a grievance.

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Judges uphold involuntary commitment

When a defendant has been previously committed to a state institution because he was found incompetent to stand trial, that state institution may be considered a community mental health center for purposes of a report required under Indiana Code 12-26-7-3(b), the Indiana Court of Appeals held Monday.

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Appeals court affirms sending employee appeal back to agency

The Indiana Court of Appeals affirmed the grant of a fired Department of Correction employee’s petition for judicial review, finding that it was clear on the record that an administrative agency’s action was without evidentiary foundation. The appellate court noted the difficulty the judge had in conducting the judicial review due to deficiencies in recording testimony.

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Circuit Court upholds ban on pen-pal solicitation by inmates

The First Amendment rights of Indiana inmates aren’t being violated by a ban instituted by the Department of Correction on advertising for pen-pals and receiving materials from resources that allow people to advertise for pen-pals, the 7th Circuit Court of Appeals held Tuesday.

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DOC drops kosher meal appeal

The 7th Circuit Court of Appeals has granted the Indiana Department of Correction and other appellants’ motion to dismiss their appeal of a case in which a federal judge found the DOC violated prisoners’ rights by denying kosher meals.

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Credit-time statute amendment not retroactive

An amendment to the statute governing credit-time eligibility for people on home detention in criminal corrections programs is not retroactive, therefore, a defendant isn’t entitled to credit time under the amendment, the Indiana Court of Appeals concluded Wednesday.

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County restores original service

After the Indiana Department of Corrections switched in the summer of 2010 from one victims’ notification service to another as a cost-saving measure, one northern Indiana county has restored its program with the previous service provider.

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Governor names new head of DOC

Bruce Lemmon will be the new commissioner of the Indiana Department of Correction. Gov. Mitch Daniels’ office announced the appointment Thursday.

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State changes victim alerts

The Indiana Department of Correction recently changed how it will notify those who register to find out where someone is in
the system, whether it’s a transfer from one jail to another, a change in status, or a legal hearing.

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Court rules on sex offender status decisions

Tackling the issue of who determines whether a convicted sex offender is considered a “sexually violent predator,”
the Indiana Court of Appeals today issued the latest ruling in a line of cases about the state’s sex offender registry
and how convicts’ names are removed.

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DOC to use DNA to fight contraband

The Indiana Department of Correction will use technology to analyze DNA samples
from prison contraband, thanks to a pilot project believed to be the first of its kind in the U.S.

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Judge certifies sex offender’s class-action suit

A federal judge has certified a convicted sex offender's suit against the Indiana Department of Correction as a class action. The plaintiff claims registrants have no procedure to correct errors on the sex and violent offender registry.

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