Electronic Abstract of Judgment Offender Management System INcite

Electronic Abstract of Judgment Offender Management System INcite – Indiana Court Information Technology Extranet https: //mycourts. in. gov Lisa Thompson – Judicial Technology & Automation Committee (JTAC)

STUDIES, POLICY, & LEGISLATION

PEW Study & Sentencing Reform �Published in December 2010: ◦ Only had access to DOC records; no other statewide data was available for analysis. �Result: ◦ “Indiana’s laws do not result in sentences that are proportionate to the severity of the crime. ” � Two committees formed: ◦ Senator Richard Bray’s Criminal Code Evaluation Commission (CCEC) ◦ Senator Brent Steele’s Criminal Code and Sentencing Policy Study Committee

DAWG Project (Senator Foley) �Report submitted February 2012 �Looked at 3 month window of June to August 2011 � 85+ counties � 2, 300+ cases �Looked for those individuals sentenced to DOC for D felony convictions and/or short stays

IC 35 -38 -1 -31 “If a court imposes on a person convicted of a felony a sentence that involves a commitment to the Department of Correction, the court shall complete an abstract of judgment in an electronic format approved by the Department of Correction and the Division of State Court Administration. ” NEW!

Abstract Must Include… (1) Each offense the person is convicted of. (2) The sentence, including whether the sentence includes a suspended sentence, probation (NEW!), or direct commitment to community corrections (NEW!). (3) Whether the person is a credit restricted felon. NEW! (4) If a person convicted of a felony is committed to the department of correction by a court as a result of a violation of the terms of probation or other community placement, the court shall state in the abstract of judgment the specific reasons for revocation if probation, parole, or a community corrections placement has been revoked. NEW!

Criminal Rule 15. 2 “Upon sentencing a person for any felony conviction, the court shall complete an abstract of judgment in an electronic format approved by the Division of State Court Administration. ” NEW!

June 29 th Order “Recognizing that practical difficulties have arisen making it challenging for courts to comply by July 1, 2012 with the electronic Abstract of Judgment requirement for those defendants with felony convictions that are not being committed to the Indiana Department of Correction, the Court by this order directs trial courts to make all best efforts to comply as soon as practicable for those defendants, but no later than December 31, 2012. ”

Long-Term Goals �Avoid Senator Foley’s manual data analysis efforts in future years. �With an Abstract of Judgment on all felony cases, Indiana will have statewide comprehensive conviction and sentencing information readily available to courts, legislators and other policy makers.

Training Materials �Video for completing an Abstract where there is no PSI: http: //youtu. be/1 VVIyxij 340 �Video for completing an Abstract where there is a PSI (including the Court’s calendar feature) and an enhancement: http: //youtu. be/XLlte 8 i. Ejh. Q �User manual available in INcite as well.

Myths Busted �An Abstract of Judgment can be completed in INcite even without a PSI or a PSI Facesheet being entered in INcite. ◦ PSI’s can still be waived on D felony cases if the defendant is not sentenced to DOC. ◦ If PSI is waived and the offender is later committed to DOC, probation must complete the PSI Facesheet. �Courts are not required to complete the legal history of the offender for an Abstract.

Timeline � 5 business days for DOC commitments � 30 business days for non-DOC commitments (still in discussion at this time).

ABSTRACT OF JUDGMENT FEATURES

Court Calendar �Can be used to obtain quick access to a case in the Offender Management System when a PSI has been created on the case. �Found under Utilities.

Case Overview � TCN Number - “Transaction Control Number” (fingerprint number). ◦ It comes from the Prosecutor and should be filed on the Prosecutor’s appearance form in every criminal case (Criminal Rule 2. 1). � Other Judge.

Charges & Dispositions �Recommended method for searching for an offense is by the Indiana Code number. �Dispose of each count. �Do NOT list enhancements as counts / charges.

Enhancements & Conviction Merged �If an enhancement exists and the defendant is not sentenced on the underlying charge, the appropriate disposition type on the underlying charge is “Conviction Merged”.

Sentencing Enhancements �If an enhancement exists, enter the TOTAL sentence (including the enhancement) for the appropriate charge(s). �Under the enhancement section, enter the amount of the enhancement that is reflected within the total sentence.

Enhancement Example �Sentenced to 3 years on count III (of which 1 year was for an enhancement).

Sentencing Requirement IC 35 -50 -2 -2(c) “…whenever the court suspends a sentence for a felony, it shall place the person on probation under IC 35 -38 -2 for a fixed period to end not later than the date that the maximum sentence may be imposed for the felony will expire. ”

Order of Sentences �The court may require one count to be served at DOC prior to another count. This request can be conveyed to DOC by changing the order in which the offenses appear on the Abstract.

Dates of Confinement � Pre-sentence incarceration time only. � IC 35 -38 -3 -2(d): “…a term of imprisonment begins on the date sentence is imposed, unless execution of the sentence is stayed according to law. ” � Credit time is not calculated or entered on the Abstract of Judgment. � Date range only. � If a PSI was completed in INcite, a date range may appear. An abstract user simply needs to click “Edit” to confirm the dates and then the

Revocation of Community Supervision �Type of revocation. �Reason for revocation.

Credit Restricted Felon IC 35 -31. 5 -2 -72: …”convicted of at least one (1) of the following: (1) Child molesting involving sexual intercourse or deviate sexual conduct (IC 35 -42 -4 -3(a)), if: (A) the offense is committed by a person at least twenty-one (21) years of age; and (B) the victim is less than twelve (12) years of age. (2) Child molesting (IC 35 -42 -4 -3) resulting in serious bodily injury or death. (3) Murder (IC 35 -42 -1 -1), if: (A) the person killed the victim while committing or attempting to commit child molesting (IC 35 -42 -4 -3); (B) the victim was the victim of a sex crime under IC 35 -42 -4 for which the person was convicted; or (C) the victim of the murder was listed by the state or known by the person to be a witness against the person in a prosecution for a sex crime under IC 35 -42 -4 and the person committed the murder with the intent to prevent the victim from testifying.

Purposeful Incarceration �www. in. gov/idoc/2798. htm �The Department of Correction works in collaboration with Judges who can sentence chemically addicted offenders and document that they will “consider a sentence modification” should the offender successfully complete an IDOC Therapeutic Community.

Return to Court for Probation �Will default to “Yes” if there was any probation time entered on the Sentencing screen. �Probation department will default to the agency in the user’s county but can be changed.

“Complete” an Abstract � Each section of the Abstract is saved as work is completed. � Multiple users within a court can work on the same Abstract. � Any user can “Complete” the Abstract if authorized by the Judge. � Once the “Complete” button is hit on a DOC commitment, the Abstract record appears in a queue visible to DOC. Soon county jails will also have access to this information.

Sentencing Order & Other Documents IC 35 -38 -1 -14: (a) If a convicted person is sentenced to a term of imprisonment, the court shall send a copy of: (1) the presentence report; (2) any presentence memorandum filed by the convicted person; (3) the report of any physical or mental examination made incident to the question of sentence; (4) any record made under IC 35 -35 -2 or IC 35 -353; (5) the abstract of judgment; (6) the judgment of conviction; and (7) the sentencing order; to the department of correction.

Attaching Documents �Recommend PDF format �Nitro PDF – free software www. nitropdf. com

Paper Copies for Now �DOC has requested to continue to receive physical copies of the Abstract of Judgment, Sentencing Order and Judgment of Conviction, and Presentence Investigation Report. �DOC will let us know when a “paperless” method can be implemented.

Jail Processing Queue �Once an Abstract is marked “Complete”, jail users will have access to view Abstracts and other documents for offenders with a DOC Commitment. �Queue allows for better communication with DOC as to the status of offenders awaiting transport.

OTHER INCITE APPLICATIONS OF INTEREST

BMV Application �JTAC provides enhanced access to BMV records, including: ◦ Driver records ◦ Registrations ◦ Titles / Liens

Reporting for NICS Mental Health Adjudications � Public Law 110 – effective July 1, 2009 � Courts must report information regarding every person who fits one or more of the following profiles: � � � The person has been civilly committed under IC 12 -26 -6 -8. The person has been found to be mentally ill and either dangerous or gravely disabled under IC 12 -26 -7 -5. The person has been found guilty but mentally ill under IC 35 -36 -2 -5. The person has been found not responsible by reason of insanity under IC 35 -36 -3 -1. The person has been found incompetent to stand trial under IC 35 -36 -3 -1. The person has been found incompetent to stand trial or has been found not guilty by reason of lack of mental responsibility pursuant to Articles 50 a and 72 b of the Uniform Code of Military Justice (U. C. M. J. ), 10 U. S. C. 850 a and 876 b.

JTAC Help Desk Monday – Friday 8: 00 a. m. – 5: 30 p. m. CST Toll Free: 888 -275 -5822 Fax: 317 -234 -2605 Email: help@jtac. in. gov

Contact Information Lisa Thompson – JTAC 317 -234 -6586 lthompson@jtac. in. gov