J.S. v. State

Summary

The Indiana Supreme Court held that LSI-R and similar evidence-based offender risk assessment scores may supplement a sentencing judge’s evaluation but do not themselves constitute aggravating or mitigating circumstances. The court found no error in the trial court’s decision to give no mitigating weight to the defendant’s LSI-R score and affirmed the judgment after granting transfer.

Holdings

1. An LSI-R score and similar evidence-based offender recidivism-risk assessments are appropriate supplemental considerations in judicial sentencing proceedings and may inform individualized sentencing decisions, including decisions concerning suspended sentences, probation, and alternative treatment.
2. An LSI-R score or similar offender-risk assessment does not itself constitute, and may not serve as, an aggravating or mitigating circumstance for purposes of determining the appropriate length of a sentence.
3. The trial court did not abuse its discretion by giving no mitigating weight to, or disregarding, J.S.'s LSI-R score.
4. The Court of Appeals' decision was summarily affirmed as to all other appellate issues raised by J.S.

Questions Presented

1. Whether an LSI-R offender recidivism-risk score may be considered in judicial sentencing proceedings.
2. Whether an LSI-R score may function as an aggravating or mitigating circumstance in determining the length of a sentence.
3. Whether the trial court abused its discretion by disregarding J.S.'s LSI-R score.
4. Whether the remaining appellate issues warranted relief after transfer.

Disposition

affirmed