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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. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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