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Concerns exist over proposed sentencing bill

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The balance struck between the opposing demands of the prosecutors and public defenders in the proposed criminal sentencing bill may be upended during the 2014 legislative session, which could force Indiana to squeeze hundreds of millions of dollars from the state budget to build a new prison.

During the 2013 session, the Indiana General Assembly passed a new criminal code that changed the felony levels and restored proportionality that had gotten misaligned after years of tinkering by the Legislature. It had gotten to the point where possessing three grams of cocaine carried a higher penalty than rape.

The Legislature then assigned the interim group, the Criminal Law and Sentencing Policy Study Committee, the task of developing sentencing guidelines for the various offenses along with examining the issue of recidivism among Indiana inmates.

At its final meeting Dec. 19, the committee approved a draft proposal of a sentencing bill by a 9 to 4 vote. Sen. Brent Steele, who chaired a subgroup charged with changing the penalty portion of the revamped code, described the sentencing policy as the key to making the entire criminal statute work.

The Bedford Republican said the workgroup took ideas from prosecutors and public defenders to craft a bill that would help the new criminal code achieve its goal of lowering the prison population in the Indiana Department of Correction and providing effective treatment alternatives for low-level offenders.

The other members of the subgroup were Republican Reps. Greg Steuerwald and Jud McMillin and Democratic Rep. Matt Pierce.

Steuerwald, R-Avon, said the four legislators approached their work from the same philosophical stance – offenders whom society is afraid of should be treated differently than lawbreakers whom society is mad at. Then they incorporated the best ideas into the bill.

“We weren’t trying to pick winners and losers, we were trying to pick the best policy,” he said.

Overcrowding versus public safety

Study committee members Larry Landis, executive director of the Indiana Public Defender Council, and Randy Koester, deputy commissioner of re-entry for the DOC, voted against the measure. They cited concerns that the sentencing structure would increase prison population and overload the state’s penal system.

At roughly 29,500 prisoners, the DOC is very close to capacity. Reaching and exceeding 30,000 is believed to be the tipping point where the state would have to build more housing units or a whole new penitentiary.

A study by Applied Research Services Inc. concluded that the new criminal code contained in HEA 1006 would actually explode the state’s prison population to 35,504 in 10 years.

This mirrored the DOC’s prediction that the reworked criminal code would increase the number of people behind bars. Koester maintained the sentencing proposal did not go far enough to reduce costs or lower the incarceration totals.

He said there are a couple of ways to change HEA 1006 but the focus should be on credit time, which is directly linked to the offender’s period of incarceration.

“Their length of stay is really what drives how many prison beds we need and how many prison facilities we need,” Koester said. “And those lengths of stays, if they get adjusted upward, eventually that creates a stacking effect and we need to create new capacity, new prisons.”

Yet, as the bill moves through the Legislature, leaving the credit-time provision as requiring felons to serve at least 75 percent of their sentences is critical to retaining the support of the Indiana Prosecuting Attorneys Council.

Committee member David Powell, executive director of the IPAC, said adjusting the credit time downward would be detrimental to the prosecutors’ main goal of public safety. Lowering penalties and releasing offenders from jail does not improve the safety of the public, he said.

Even so, Powell voted yes on the sentencing bill. He noted prosecutors got the three main things they wanted: increasing the ranges of the advisory sentences as well as upping the nonsuspendible sentences, and limiting the number of times an offender may apply for sentence modification.

IPAC plans to continue pushing the Legislature to raise the penalties for drug dealing up one level. This would still be lower than the current penalty, Powell said.

Prosecutors would likely find a receptive audience in the General Assembly. But this could lead to the sentencing bill’s proportionality being undone.

“No doubt, if you have a local prosecutor telling constituents and legislators something is making the public unsafe, that’s a problem,” Pierce said.

The subgroup has been working hard with prosecutors and listening to their concerns, Pierce said. But the county prosecutors are all independent operators who are not invested in any compromise bill and therefore could spook legislators with their concerns.

Surprised by cost

In addition to the sentencing revisions, the Legislature will also consider a request for funding for treatment programs. HEA 1006 calls for low-level offenders to be kept in their home communities and provided services for the addiction or mental health issues they have. Advocates contend this will reduce the state’s recidivism rate, lower the crime rate, save money and help offenders salvage their lives.

A review of Indiana’s new criminal code by the American Institutes for Research found local jurisdictions are apprehensive they will get stuck footing the bill for the treatment programs and additional staff. The study estimated potentially 15,000 more offenders would be kept in the local jails under HEA 1006. Many of these individuals would be at high risk for problems involving substance abuse, criminal attitudes, education, employment and finances.

Consequently, treatment is the linchpin to accomplishing the goals of the new criminal code, said AIR principle researcher G. Roger Jarjoura. Currently, low-level offenders have chances to reform instead of being sent immediately to the DOC. However, they are not doing well with these second chances because the programs and resources are not available to help them.

“We don’t want just treatment and no supervision and we don’t want just supervision and not treatment,” Jarjoura said of reforming the system. “We’ve got to have both. But treatment has to be there and that’s the gap in most places. They just don’t have the treatment there.”

Jarjoura set a conservative price tag for operating such programs across the state at $10.5 million annually. Although the cost could rise if the programs are successful and more offenders are funneled through them, the increase would be balanced by a decrease in costs at the state level that will enable funds to be shifted to the local communities rather than having to look for a new source of revenue.

The cost estimate surprised Pierce and Powell as being lower than they expected.

Pierce acknowledged the fiscal committees in the Legislature will have to be assured that the provisions in HEA 1006 to bolster local services have been well-researched and will focus on instituting evidence-based practices and accountability.

With a low cost of $10.5 million, Pierce thinks the fiscal groups will find a way to fund the programs.•
 

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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