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Sunday, March 27, 2005

Ind. Law - Major changes made to proposed sentencing bill

Senate Bill 96, which originated as the product of the Sentencing Law Policy Committee (see this Jan. 5th ILB entry, along with this one from Feb. 23rd and this one from March 10th), reportedly underwent some major modifications in House Committee, with, I'm told, the approval of Senator Long, who had chaired the Sentencing Law Policy Committee. My source's "take" on this:

"Presumptive" now equals "advisory" and the trial judge can sentence anywhere in the range he wants to for any reason. Someone read Smylie and Booker and decided to take the easy out by reverting to pre-1977 indeterminate sentencing.
Here is the text of the approved House committee report; here is the current version of Engrossed Senate Bill 96, as eligible for second reading in the House. The new digest:
Sentencing. Replaces the fixed term of imprisonment for
murder and other felonies with an advisory sentence to be used as a
guideline sentence that a court may voluntarily consider as the
midpoint between the maximum sentence and the minimum sentence
that may be imposed for murder and other felonies. Makes conforming
amendments.

Posted by Marcia Oddi on March 27, 2005 08:41 PM
Posted to Indiana Law