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

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community corrections placement has been revoked.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 29th 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/1VVIyxij340

Video for completing an Abstract where
there is a PSI (including the Court’s
calendar feature) and an enhancement:
http://youtu.be/XLlte8iEjhQ

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 number of days will
calculate on the screen.
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 35-35-3;
(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 3536-2-5.
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 50a and 72b of the Uniform Code of
Military Justice (U.C.M.J.),10 U.S.C. 850a and 876b.
JTAC Help Desk
Monday – Friday
8:00 a.m. – 5:30 p.m. CST
Toll Free: 888-275-5822
Fax: 317-234-2605
Email: [email protected]
Contact Information
Lisa Thompson – JTAC
317-234-6586
[email protected]