When a person is sentenced in Indiana for a non violent crime a majority of the time they get a time cut of 50% off. I recently heard this went down to only a 15% off. Is this true. Meaning they would have to serve 85% of their time?
Unfortunately that isn't totally true at the moment. I've been watching this trying to get a grasp on how the sentencing is working but we had some charge / sentencing guidelines go into effect 7/1/2015. We used to have a charge range of A, B, C, and D with A being the worst. On 7/1/15 we went to a number range of 1-6 with 6 being the lowest. When this first went into effect I saw a chart that showed what type of time each would bring in comparison and what the new guidelines could do. It also changed the time from do 50% to do 75% with good time. The reason I am having a hard time understanding what is going on is I still see people listed as charged under an A felony then I see them charged with a number felony. I think some of it has to do with when the crime occurred but it can take so long for charges to go through the system I'm cloudy on this.
The other thing that used to occur is that the judge had the ability to suspend some time depending on prior criminal history. My son got 19, suspend 13, do 6 with 3 years to be suspended for good behavior. Under the new guidelines his sentence range would have been 6 years, do 4 1/2 unless the judge decided to suspend some. What I see them doing now a lot is 6 years with 3 done in community corrections or house arrest. It appears they are trying to ease up on crowding in the prisons. In our county is it causing crowding in the jails.
I didn't keep a link to the time and sentencing changes at the time that I saw them.
The law change was 7/1/14 not 7/1/15. I'm looking for the I.C code information to give precise information. Part of the reasoning was to give more separation of 'degree's of seriousness so instead of 4 levels there are now 6 levels.
When looking at revisions to statutes, you need to look to the original language of the Bill in order to determine who it applies to...if it changes the amount of time required to be served, it is likely prospective as anything else has the potential to be determined as being ex post facto given that it IS a constructive change to the sentence. This is the same reason, for example, that the discretionary mandatory supervision statutes in Texas cannot be applied to those with an offense committed prior to September 01, 1996.
Eligibility requirements are a factor in decisions to accept a plea...anything that changes the eligibility therefore changes the sentence AFTER the plea was accepted.
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