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Opening Arguments

Bad credit rating

Joseph Gaby of Lafayette has been sentenced to 20 years in prison for child molesting. That's worse news for him than it would be for most people getting the same punishment:

But Judge Thomas Busch on Wednesday also classified Gaby, 41, as a credit-restricted offender -- meaning he will receive one day of credit for every six days of incarceration.

In Indiana, prisoners typically receive credit time equal to each day spent behind bars.

I hadn't heard of the credit-restriction provision before. Apparently, I wasn't alone in my ignorance. The law passed in 2008 but applies only to offenses that occurred July of '08, and a lot of such cases are still winding through the system. (This guy's crime was a 10-year-old offense, so he can probably win an ex post fact challenge.) The provision seems to be reserved for certain kinds of sex crimes, especially child molesting. Perhaps the state should consider a wider application instead of letting so many felons out after serving just half of their "sentence."


Bob G.
Thu, 05/27/2010 - 1:09pm

I'll bet the ACLU will have something to say on that, though.
(still, a fine idea)