2013 Indiana Senate Bill 266 Child Neglect Sentencing 35-46-1-4 - Legislation Part 28

Senator Patricia Miller has submitted a bill that would add child neglect resulting in death to the list of other offenses that include mandated minimum terms of incarceration upon a conviction.

Senate Bill 0266 affects the following citations: IC 35-50-2-2. The synopsis is as follows:
Neglect of a dependent. Provides that, for the offense of neglect of a dependent as a Class A or Class B felony, the court is authorized to suspend only that part of the sentence that is in excess of the minimum sentence, unless the court has approved placement of the offender in a forensic diversion program.

The entirety of the amendment to the law that Senator Miller offers is “(V) neglect of a dependent (IC 35-46-1-4) as a Class A or Class B felony.” IC 35-46-1-4 provides that the offense is a Class A or Class B felony if the neglect in certain situations results in serious bodily injury or death.

IC 35-50-2-2 provides a list of offenses in which the convicted defendant must serve at least the presumptive minimum sentence under the statutory sentencing scheme unless the court has approved placement of the offender in a forensic diversion program under IC 11-12-3.7. IC 11-12-3.7 provides an offender may avoid a prison for having an “addictive disorder” which is just psychological speak for lack of willpower or accepting responsibility for one's own actions. This is the result of the invasion of the non-scientific guesswork by overpaid psychologist into our legislature and courts for their personal financial gain at the expense of society as a whole. It's never the fault of the irresponsible person – TV made me do it, I was abused, it's in my genes, blah, blah, blah. I would like to see this portion of our sentencing structure repealed. Do the crime, do the time!

I am fully in support of any mandates that hold parents accountable for their actions of creating children. The neglect of children, especially by those parents who are fully capable of providing necessary support, should be elevated to one of the highest crimes in both statutory law and societal perceptions. This legislation is a small step towards doing just that and Senator Miller should be fully supported in her attempt to accomplish this.

If you believe that your child is being neglected or harmed and want to seek a custody modification then please visit my website and contact my scheduler to make an appointment to meet with me.

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More information about child custody rights and procedures may be found on the Indiana Custodial Rights Advocates website.

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