State Senator Victoria Spartz (R-Noblesville) has joined 28 other Senators from around the state in signing a letter to the Indiana Supreme Court in response to a petition filed by the ACLU of Indiana that asks the court to change existing rules on release of prisoners during the COVID-19 pandemic.
Spartz
The senators say they have grave concerns that the relief sought by the ACLU regarding imprisoned persons is unconstitutional. Indiana courts have no legal authority to modify sentences outside the statutory framework established by the Legislative branch of state government.
Moreover, a court’s authority to modify sentences is limited to modification to a sentence that the court could have imposed at the time of sentencing. Any additional sentence modification authority granted by this Court would usurp the power of the Indiana General Assembly and violate separation of powers doctrine, according to the senators.
“These public policy considerations lie exclusively with the Legislative branch. The governor, at any time, can call a special session if needed to modify the governing statutes,” Spartz said. “We can never forget, even in the times of crisis, the core principles of our Constitutional Republic.”