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New Indiana criminal code closer to implementation

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Emerging from the Indiana House of Representatives, the criminal code revision bill includes stronger sentences for certain crimes. Two companion bills that legislators say will provide the necessary funding for treatment programs in the local communities are also moving.

The goal of House Bill 1006, the criminal code rewrite, is to bring proportionality to the sentencing scheme and reduce recidivism. A key part of the state’s new thinking on crime and punishment is to put more lower-level offenders into treatment programs to help with the drug addictions and mental health issues that many of the these inmates have.

Rep. Greg Steuerwald, R-Avon, and Sen. R. Michael Young, R-Indianapolis, both have authored measures in response to concerns among the judiciary, sheriffs association, and probation and community corrections officials that the state will keep more offenders in cities and towns but will not provide the financial support.

steuerwald Steuerwald

The bills drew praise from David Powell, executive director of the Indiana Prosecuting Attorneys Council, which he said set up the mechanisms through which the money will flow to the communities and by which the effectiveness of the programs will be measured.


powell Powell

HB 1006 is the technical corrections bill to reconcile conflicts between the criminal code revision passed last year, HEA 1006-2013, and other bills. The House approved the technical corrections bill on a vote of 90 to 4 and now the Senate Corrections and Criminal Law Committee will begin its review.

Powell described HB 1006 as it is now as “a good tool that will function and improve public safety in Indiana.”

However, Larry Landis, executive director of the Indiana Public Defender Council, contends the sentencing changes made in the House will increase the prison population and force the state to build a new penitentiary.


landis-larry-mug Landis

Drug dealing

During the summer, the Criminal Law and Sentencing Policy Study Committee carefully examined the sentencing structure in HEA 1006-2013. The Indiana Department of Correction was concerned the new criminal code would actually put more offenders behind bars, causing significant overcrowding in state’s prisons.

Steuerwald said the adjustments made in the House to sentencing represent a compromise. The advisory sentences for the crime of dealing narcotics were raised. At the same time, the sentences for these offenses remained suspendable.

In addition, the House increased the credit time for the lowest-level offenders. HB 1006 called for inmates to receive one day of credit for every three days they serve. The modification will allow these offenders to get one day of credit for every day they serve.

“Doing that will have a pretty dramatic effect of lowering the population in the DOC,” Steuerwald said.

Landis disagreed. He said the amendments made in the House were not recommended by the study committee and will only put more people in prison for longer periods of time. The current form of the bill, he said, will increase the number incarcerated to the point where the state will have to spend millions building a new prison or will get slapped with a federal court order to correct the overcrowding.

The advisory sentences for individuals charged with dealing opiates now range from a low of 3 years to a high of 10 years. Also, for the highest level of drug dealing offense, the amount the individual had to be caught with was dropped from more than 28 grams to more than 10 grams.

Young said he is contemplating offering an amendment to HB 1006 that would allow the state to begin tacking. Under this provision, every time a drug dealer is arrested, the amount they are carrying is tacked on to any amounts they were carrying when they were arrested previous times.

Treatment

Arresting and incarcerating drug dealers does not do anything to reduce demand for the narcotics, Powell said. The demand problem should be addressed by enrolling addicts into special programs to help them overcome their dependency on drugs and to deal with the mental health issues many of them struggle against.

Powell and Landis agreed that programs that provide treatment, monitoring and supervision can reduce recidivism and lower the crime rate.

Steuerwald’s bill, HB 1268, requires treatment programs to use evidence-based practices and establishes a grant structure for the DOC to use when awarding money to local communities. It requires the Department of Correction to consult with the Indiana Judicial Conference and the Division of Mental Health and Addiction before giving out the grants.

In the Senate, Young has introduced Senate Bill 235 that would start a mental health pilot project in Marion County. The measure mirrors Steuerwald’s bill in that it requires the use of best practices for the treatment programs and establishes the criteria for the DOC to award grants.

Also, both pieces of legislation create the mental health and addiction forensic treatment services account to fund the treatment programs. Money in the account would come from appropriations from the Indiana General Assembly, grants and gifts or bequests.

Henry Circuit Judge Mary Willis said the Indiana Judges Association wants to see funding provided for the local programs. With more low-level criminals staying in their communities, the municipalities will need more money to provide for the additional probation officers and community corrections officials who will be needed for supervising the offenders.

To ensure the communities can handle more offenders, Landis is advocating for the treatment programs to be set up and running before the sentences are increased.

Steuerwald, Young and Willis do not want to delay the implementation of HB 1006 from the target date of July 1. The legislators pointed out their bills, if passed, can be immediately implemented and the programs can be started before any individuals are sentenced under the new criminal code.

Willis said tweaks and adjustments can be made as needed once the legislation takes effect.

“This is so big that there’s going to have to be an opportunity to put it into place and see how it operates,” she said.•

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  • Wisdom of the Judge
    Thank you Henry Circuit Judge Mary Willis for your honorable leadership and integrity. And thank you for stepping forward and speaking out. The canned sentencing that was fashioned by intolerance did not allow for wise decisions on behalf of thousands of offenders who were handed down lengthy sentences. Revisiting those cases where gross injustice was inflicted will be a feather in the cap of Indiana. Many of them sentenced to lengthy terms have just been heartbroken and long ago rehabilitated while still sitting in their cells today looking hopefully to July 1, 2014. Let's not let these folks down. Have Swift Mercy Indiana. These are not bad people, most of them just made some bad choices that they regret dearly. Thank you all for HB 1006
  • Wisdom of the Judge
    Thank you Henry Circuit Judge Mary Willis for your honorable leadership and integrity. And thank you for stepping forward and speaking out. The canned sentencing that was fashioned by intolerance did not allow for wise decisions on behalf of thousands of offenders who were handed down lengthy sentences. Revisiting those cases where gross injustice was inflicted will be a feather in the cap of Indiana. Many of them sentenced to lengthy terms have just been heartbroken and long ago rehabilitated while still sitting in their cells today looking hopefully to July 1, 2014. Let's not let these folks down. Have Swift Mercy Indiana. These are not bad people, most of them just made some bad choices that they regret dearly. Thank you all for HB 1006

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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