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Friday, November 02, 2007

Ind. Gov't. - More on: "Paige Grable's release delayed: Correction department says earliest release is now Feb. 11"

Updating the entry immediately below, the ILB has received this information from a reader:

I was reading your blog this morning and noted with interest the article on Ms. Grable and her reduction in sentence. I used to be a deputy state public defender. Credit time was the most frequent question asked about from my clients, so I've dealt with the D.O.C. somewhat on these issues.

The applicable statute is I.C. 35-50-6-3.3.

When I read it, it appears to be up to the D.O.C. to decide whether it will give credit time for both a G.E.D. and a high school diploma. My understanding from past experience dealing with the D.O.C. is that you only get credit for one, but not both. Therefore, I would think she would be entitled to credit for the high school diploma, since the credit is for a full year, but not for an additional six months for the G.E.D.

Having said that, I've never had much luck figuring out where these "internal policies" are written down or otherwise accessible.

I would really hate to see the legislature remove this credit, though. Many of my clients had no education until they went to the D.O.C., and education made a difference in some of their lives.

Another reader cites the same statute:
I think I.C. 35-50-6-3.3 provides the answers to the questions you posed, particularly subsections (d) and (k). I have not seen a copy of the DOC's guidelines though as referenced under subsection (k).

Posted by Marcia Oddi on November 2, 2007 11:07 AM
Posted to Indiana Government