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Partnership targets Indiana's corrections system

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To address Indiana’s growing prison population and increasing related costs, the state is partnering with The Pew Center on the States and the Council of State Governments Justice Center for the first comprehensive review of the state’s criminal code and sentencing policies since 1976.


Indiana is participating in the Justice Reinvestment Initiative, officials announced this morning in Gov. Mitch Daniels’ office. The project aims to improve public safety by reducing the number of offenders in Indiana’s prisons, reduce recidivism, and to better manage corrections costs.


The state’s prison population has grown 47 percent in the past 10 years from 19,309 in fiscal year 2000 to 28,389 in fiscal year 2010. In that same period, the Indiana Department of Correction’s appropriations from the general fund increased 76 percent. Despite those increases, Daniels noted the state addressed the population increase without new construction by being more efficient and better management of prison capacities.


Daniels, with the support of Indiana Supreme Court Chief Justice Randall T. Shepard, bipartisan legislative leadership, and Attorney General Greg Zoeller, sought assistance from the Public Safety Performance Project of The Pew Center regarding sentencing and other corrections issues.


The project will analyze Indiana’s crime, arrest, conviction, jail, prison, probation, and parole supervision data. It will also include a system-wide examination of the state’s prison population, drivers of prison growth, and strategies currently used to increase public safety. The CSG Justice Center will interview people from prosecutors, public defenders, and law enforcement officials to victims, their advocates, and service providers, among others. The new 13-member Justice Reinvestment Steering Committee, comprised of various Indiana stakeholders, will review the analysis and make recommendations while working with the CSG Justice Center on policy options.


Adam Gelb, director of the Public Safety Performance Project of The Pew Center, said the project will help Indiana going forward rein in prison spending. He also noted Indiana is not starting from “ground zero” because there are “a lot of essential building blocks here in Indiana.”


Such essentials include drug and other problem-solving courts that look at options other than prison for offenders.


More than 2,000 times a day, Indiana’s trial court judges are deciding sentences for offenders, looking at what would be the “smart” sentence for the offender and the situation, Chief Justice Shepard said. “There are alternatives to prison. Many programs are led by trial judges. … It’s a great opportunity to cooperate with the other two branches.”


However, Chief Justice Shepard told Indiana Lawyer that five times as many felons in Indiana are serving sentences in various ways as part of a “whole constellation” of programs that are not prison.


Indiana’s monetary commitment is $100,000, which is paid for with federal grant monies through the Indiana Criminal Justice Institute. The Pew Center and the CSG Justice Center have also received funding from the U.S. Department of Justice and the Bureau of Justice Assistance to advance the initiative. As a participant, Indiana will be eligible for future funding from the BJA.


Daniels said Pew has shown it ability to work fast in other states and officials here hope to see analysis in the third and fourth quarters because they want to be able to make recommendations in January for the legislature to address in tandem with the budget. The Indiana General Assembly’s 2011 session will set the state’s next biennial budget.


Daniels also said a surprising percentage of prisoners are there for a “very short period of time, suggesting we’re a little out of whack.”


The average sentence for an Indiana prisoner is 18 years and 10 months, according to information provided by the governor’s office. However, this is an increasing number of low-risk offenders being sentenced to prison for short period of time. In 2009, 4,583 offenders were sent to the Department of Correction for a fixed term of less than 90 days; of those, 1,361 were in prison for 30 or fewer days.


As states nationwide have addressed ways to reduce incarceration rates, Indiana’s rate of incarceration continues to climb at a rate much higher than the national average. Using 2000 to 2007 figures, Indiana ranked seventh in the nation for rate of incarceration. In 2009, Indiana was in fourth and likely will be in second behind Alabama once Florida and Pennsylvania’s sentencing reform measures take effect, according to U.S. Department of Justice statistics.


Once the legislature adopts new policies, the CSG Justice Center will help the state translate the policies into practice, keep track of any effects, and keep state officials up to date.



 

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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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