INDIANAPOLIS — A new push is underway to reduce the number of convicted felons who are released from prison early.
Prosecutors are urging lawmakers to change a relatively new state program that allows offenders to get time cuts.
"They should get out in three years, but they're getting out in two years,” said Andrew Hanna, chief deputy prosecutor for Madison County. “We just keep creeping down. People are right to be frustrated with that."
Under Good Time Credit, most felons must serve 75% of their sentence if they have good behavior.
But WRTV Investigates has learned offenders can also get up to two years on top of that through a state program called Case Plan Credit Time (CPCT).
Case Plan Credit Time took effect in 2022 as a result of legislation.
CPCT allows individual offenders to follow a case plan and earn credits based on progress toward their unique goals.
Prior to 2022, offenders earned credits for specific programs.
“It feels very arbitrary”:Drunk driving crash survivor calls for truth in sentencing
Amanda Wheeler feels like she’s living in limbo.
“I’ve been incredibly triggered and anxious and waiting to hear what’s going to happen,” said Wheeler. “I almost don’t feel like I can prepare."
We first introduced you to Wheeler last summer.
Wheeler is a victim of Timothy Hughes. He was drunk in 2015 when he hit Wheeler and her cousin, Carla McCloud, while the women were riding their bikes in Hancock County.
Wheeler was hurt and McCloud died from her injuries.
In 2016, Hughes was sentenced to the maximum of 9.5 years in the Indiana Department of Correction.
He served half his sentence and was released from prison in 2020.
One reason for his early release— Hughes completed programs including “Recovery While Incarcerated” and vocational training like landscaping and trades.
As a result, Hughes received a year and a half credit for education and programs completed while incarcerated.
“I wasn’t aware that he could get that much on top of the Good Time Credit, so I had no idea,” said Wheeler. “It feels very arbitrary. Honestly, it feels like a free-for-all."
Here’s a breakdown from IDOC:
- The total sentence received was 9.5 years.
- With earned credit time under state law, that meant Hughes would serve approximately 6 years and 2 months (serve 75 percent of time for Class 5 felony, serve 50 percent of time for Class 6 felony, along with credit time from any time he served in jail).
- He then received 1 year, 6 months and 16 days credit for education, programs, etc. while incarcerated.
- That results in a sentence of about 4 years, 7.5 months.
Hughes received his educational credits before a new program, Case Plan Credit Time, took effect in 2022.
However, Hughes may now benefit from Case Plan Credit Time in two new pending criminal cases.
Hughes faces additional prison time because he’s charged in both Henry and Hamilton counties with Operating While Intoxicated (OWI).
Depending on the sentence, Hughes could get up to two years cut from his sentence through the Case Plan Credit Time program.
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Amanda Wheeler is not sure she can trust any sentence handed down.
“There’s going to be hidden fine print underneath that,” said Wheeler.
Wheeler said it’s very difficult not knowing how much he will have to serve once the sentence is handed down.
“It’s awful,” said Wheeler. “Not knowing is incredibly triggering for the trauma.”
Indiana Prosecuting Attorneys Council (IPAC) is urging for changes to sentencing
According to the Indiana Department of Correction website, CPCT allows individuals to earn up to 1 day of credit for every 3 days of participation in programming and classes geared toward each individual’s needs.
“This credit is separate from credit that can also be awarded for good behavior during incarceration,” according to the IDOC.
IDOC says before the changes, less than 1% of incarcerated people received the maximum amount of credit they were entitled to.
An offender’s case plan may include education, employment/vocational training, and addiction recovery, including classes for:
- Decision making
- Financial planning
- Anger management
- Coping with depression
- Gardening
- Refurbishing bicycles
- Stress management
- Responsible fatherhood
- Dog/cat rescue project
"I fully support rehabilitation programs, but I think we are going beyond that,” said Andrew Hanna, chief deputy prosecutor in Madison County. "You’ll see folks go to the Department of Correction for four years. Even with Good Time Credit, they should get out in three years, but they’re getting out in two years.”
Hanna said citizens are often upset with prosecutors when an offender is released early, not realizing it’s a result of an IDOC program.
“People are right to be frustrated with that,” said Hanna. “How do you know what to expect in these circumstances?"
Hanna and the Indiana Prosecuting Attorneys Council (IPAC) are pushing Indiana lawmakers to expand truth in sentencing.
"We need to curtail the practices at the Indiana Department of Correction and be more transparent and communicating with the public why did this person receive any cut in their sentence,” said Hanna. “What did they do to deserve that and when can the public expect that person be released from prison? "
Hanna thinks the public should know exactly how the offender earned those credits.
Currently, Hanna says prosecutors only received limited information such as “Case Plan Credit Time” with no specifics.
“It's absolutely a problem,” said Hanna. “I think the people deserve that. I think they deserve truth in sentencing when a judge hands down a sentence, that’s what they should expect.”
According to an Op-Ed signed by dozens of county prosecutors across Indiana, they say too many convicted felons receive time cuts through Case Plan Credit Time.
“We ask the legislature to remove or severely limit the DOC’s discretion in handing out credit time without rehabilitation, education, or other earned efforts,” read the Op-Ed. “For example, the DOC has given out significant time cuts for activities such as journaling or other insignificant aspects of a case plan.”
Prosecutors in Bartholomew, Boone, Hancock, Henry, Hamilton, Howard, Monroe, Madison, Morgan, and other Central Indiana counties signed the letter.
“Time cuts should only be granted when an offender has made meaningful efforts toward rehabilitation,” read the letter.
“It gives them motivation”: Criminal defense attorney weighs in
Max Wiley, a criminal defense attorney and former prosecutor, has a different take on the Case Plan Credit Time program.
“It gives them motivation to improve themselves,” said Wiley. “Most of our clients are calculating when is the earliest I can possibly be out of prison. "
Wiley says programming helps to rehabilitate offenders and get them back to their families sooner.
“They have to be doing any assignment that comes to them,” said Wiley. “They have to be disciplined in that regard. So, I think there is a benefit to them, not just staying out of trouble but taking some positive and proactive steps and seeing there’s a reward for it.”
He explained to WRTV Investigates how CPCT differs from the previous time cut program prior to 2022.
"It’s not necessarily completing a program like it is with some of the other time cuts,” said Wiley. “It’s staying in compliance with your case management plan. That can be essentially homework, paperwork they’re filling out."
He points to an example of one of his clients who had to do well at his job inside the prison to get his Case Plan Credit Time credits.
“His work is beneficial to the prison and it’s also helping him to get skills for when he gets out,” said Wiley. “His case plan was largely to keep working and to stay out of trouble. I’m told DOC is pretty rigorous about it. If you don’t do your assignments, then you don’t get the time cuts.”
IDOC declines request to speak on camera
The Indiana Department of Correction declined our requests to speak with WRTV on camera.
“The commissioner does not have availability for an interview,” said Noelle Russell, IDOC spokesperson, in an email to WRTV.
In an email to WRTV, IDOC emphasizes the case plans are tailored to the needs of each offender.
- IDOC STATEMENT:“Our goal at the Indiana Department of Correction is to prepare offenders to successfully re-enter society at the close of their sentence. Case Plan Credit Time is earned – not given – by participation in programming that supports that re-entry process. Case plans are tailored to the needs of each offender, but all are rehabilitative in nature, which is a win not only for those exiting the system but for the Hoosier communities they will rejoin.
Any of our re-entry programs/courses/activities [in.gov] may be incorporated into an offender's case plan, depending on their unique circumstances and needs around re-entry.”
“We’re all on alert”: Crash survivor wants transparency
Amanda Wheeler is waiting anxiously to find out what will happen to Timothy Hughes this time.
“We’re all on alert,” said Wheeler.
She wants the criminal justice system to more clearly define what a sentence actually means.
“When there’s these hidden things, I can’t prepare,” said Wheeler. “There’s no transparency.”
WRTV Investigates is aware of only one bill filed this legislative session that would have addressed credits.
Senate Bill 252 would have prevented an inmate from earning more than six months of educational credit for participating in an individualized case management plan, however, the bill died.
Prosecutors say they will keep working toward legislation for next session.
