In Stevens v. State of Indiana, No.90A05-0802-PC-90, the Indiana Court of Appeals addressed time credit given to prisoners who earn a high school diploma while incarcerated. Stevens had completed a high school diploma through Continental Academy, and he applied for educational credit time with the Indiana Department of Corrections. The application was denied, and Stevens appealed to the trial court, which denied his petition for review without a hearing.
Significantly, there was no documentation submitted by either Stevens or the State that said why Stevens was denied credit time. The Court indicated that prisoners should be told why they were denied credit, and it remanded to the trial court for a finding as to whether Continental Academy "maintains standards of instruction substantially equivalent to those of public high schools" located in Indiana.
This is an important case because it protects prisoners from arbitrary denial of privileges granted to them by the state legislature. If the General Assembly has gone to the trouble of allowing a prisoner to earn credit time for achieving a high school diploma, an explanation of denial of credit must be given. Otherwise, the incentive to earn a diploma is erased, and it makes it too easy for corrections officials to deny this and other privileges without accountability.
Significantly, there was no documentation submitted by either Stevens or the State that said why Stevens was denied credit time. The Court indicated that prisoners should be told why they were denied credit, and it remanded to the trial court for a finding as to whether Continental Academy "maintains standards of instruction substantially equivalent to those of public high schools" located in Indiana.
This is an important case because it protects prisoners from arbitrary denial of privileges granted to them by the state legislature. If the General Assembly has gone to the trouble of allowing a prisoner to earn credit time for achieving a high school diploma, an explanation of denial of credit must be given. Otherwise, the incentive to earn a diploma is erased, and it makes it too easy for corrections officials to deny this and other privileges without accountability.
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