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Support strong for treatment instead of incarceration in the DOC

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David Powell, former Greene County prosecutor, recalled the construction worker who explained his attraction to methamphetamine.

He could stay up for five or six days at a time, go to work, come home and do every chore his wife wanted, stay up all night partying, and then go back to work the next day. He felt like he owned the world.

Eventually, the good times ended and the construction worker got tangled with the law. His story is not unusual and the repetition across Indiana of addiction leading to jail is fueling the push to provide these kinds of offenders treatment rather than a trip to prison.
 

powell-davidbp-1col.jpg David Powell, executive director of the Indiana Prosecuting Attorneys Council, wants legislators to postpone changes in the criminal code until new programs can be evaluated. (IL Photo/ Eric Learned)

Powell, now executive director of the Indiana Prosecuting Attorneys Council, is part of that effort. He strongly believes that addressing drug dependency and mental health issues can reduce the state’s recidivism rate and, in turn, lower the crime rate.

Indiana is set to implement a new criminal code for the first time since 1977, and a key idea behind the revamped law is keeping low-level offenders in their communities to provide them with treatment. The consensus among various groups that this is a better approach to deterring crime has amazed even those who have long advocated that programs and services be available for inmates.

However, Powell tempered the expectations that much will be accomplished by bolstering treatment.

“I don’t think we should see this as we’re going to save 50 percent of the people,” he said. “If we save 5 to 10 percent that don’t recidivate because of treatment, that would more than pay for the program.”

Treating recidivism

Money was the primary motivator to update the criminal code in House Enrolled Act 1006. Currently, the Indiana Department of Correction has a population of 29,500 which has been predicted will surge to 34,120 in the next decade. With the state’s penitentiary system able to house roughly 30,000, an increase in inmates could send the Legislature looking for hundreds of millions of dollars to build a new prison.

Conversely, by reducing the number of offenders who commit crimes and repeatedly return to prison, Indiana could reap significant savings. The Re-Entry Policy Study Commission Report, released in July 2013, looked at the Marion County incarceration rate and found that lowering recidivism by as little as 1 percent resulted in a cost savings of $1.55 million.

Like Powell, former Knox County Sheriff Steve Luce said not every offender can be reformed, estimating only a third of inmates really want to stay out of prison. But the programs he started cut in half the number of fights, arguments and rule violations in his jail. The improved jail situation decreased the amount of litigation arising from disgruntled or hurt inmates, saving the county money.

Although support for treatment programs is strong, such services are not available in every county. Powell said at present offenders can only get help with their addictions or mental health condition if they pay for the treatment themselves.

He voted against recommending the General Assembly adopt the new code because he saw a lack of provisions – namely funding – for counties to establish such programs.

“My concern was what were we doing to local communities when we lower penalties for those drug dealing crimes, especially, and place these people with drug problems back in the communities where there’s no place to help with their addiction and mental health issues,” he said.

Prosecutors, Powell said, get frustrated when they deal with the same defendant multiple times for the same offense. He fears with the new code’s reduced penalties for some lower-level crimes, the lawbreakers who do not get help will still end up in the DOC after being incarcerated in their local jails longer.

Today, low-level offenders are overrunning the DOC. In 2012, the state system admitted 9,867 individuals who had committed either a Class C or Class D felony, more than double the 4,368 who were incarcerated for murder, Class A and Class B felonies combined.

In a presentation before the Criminal Law and Sentencing Policy Study Committee, the interim legislative group charged with reviewing HEA 1006, Powell offered statistics that illustrate curbing recidivism requires addressing several interrelated issues. Along with their addiction, which is often complicated by mental health issues, 61 percent did not complete high school, 57 percent have no job and 73 percent are poor.

The new code lowers sentences for some offenses which could exacerbate the problems for communities, Powell said. The defendants either won’t be incarcerated long enough to complete a treatment program or, if they are given a choice, they will opt to serve time because they will be released sooner than if they enter treatment.

Henry County is an example of a small, rural county with only limited treatment options available. Circuit Judge Mary Willis sees people who struggle with mental illness which causes them to commit infractions. With medication and therapy they get better, but without sustained help, they regress and fill the jail.

She was hesitant to say how treatment, in general, would impact recidivism, but she called the push for more services a step in the right direction.

Oversight and money

Using treatment programs to reduce recidivism is the most important part of the new criminal code, Powell said. In fact, he argued that if reforms are instituted for dealing with reoffenders, the current criminal code could remain in place and the rate of incarceration, as well as the rate of crime, would still decline.

He recommended Indiana take one or two years to get programs up and running and evaluate how they are working before introducing the changes in the criminal statute.

That proposal drew support from Larry Landis, executive director of the Indiana Public Defender Council. He echoed Powell by saying the focus should be on treating drug addiction and mental health, providing supervision and offering re-entry programs that help former inmates get jobs, housing and treatment.

Services that change behavior, he said, will reduce recidivism, which will decrease the DOC population as well as the crime rate.

Allen Superior Judge John Surbeck pointed to his community’s re-entry project as proving programs can be successful at keeping offenders from returning to jail.

“The penitentiary environment doesn’t help people. When you put good people with bad people, the bad people don’t get better, the good people get worse. So that’s why it works so much better in the community. If you can do community-based sanctions, they’re far more effective,” he said.

The Working Group on Recidivism, appointed by the Criminal Law and Sentencing Policy Study Committee and chaired by Rep. Greg Steuerwald, R-Avon, has recommended that communities be allowed to develop their own programs to meet their unique needs. Oversight and accountability measures should be part of any new treatment service.

Also, the group advised that funding be granted only to programs certified through the Indiana Department of Mental Health. In addition, a statewide system for measuring the success of these projects should be established.

The working group is proposing redistributing a larger portion of the more than $41 million collected in alcohol tax each year into addiction programs. In addition, the body recommended the state consider raising the alcohol tax.

Having sat across from grandmothers and parents pleading for their children to be given treatment, Powell believes society may be accepting of something other than a “lock-them-up-and-throw-away-the-key” approach to punishment.

Still, he reiterated, the assistance needs to be provided or communities will be saddled with the burden of more offenders and less resources.

“We should not pass criminal code reform for the sake of it,” Powell said. “The real problem we have in Indiana is recidivism and lack of treatment for an addiction and mental health issues. These (issues) are very expensive, they drive crime at a high level. We need to address these issues whether or not (HEA) 1006 ever goes into effect.”•

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  • Is recidivism really the goal?
    Is reducing recidivism truly the goal? Or it is rather to enrich social workers and mental health agents via offering their secularist services that do not affect recidivism much? If recidivism was truly the goal then privatized religious programs would be advanced, mostly Christian, since study after study reveals such to be the most successful at cutting recidivism. But success has its limitations -- and success always takes a back seat when it bucks up against political correctness. Here are stories telling the truth about reducing the rate of return: http://www.cpjustice.org/stories/storyReader$545 ..... http://www.christianitytoday.com/ct/2006/november/36.70.html

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  1. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  2. Low energy. Next!

  3. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  4. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  5. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

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