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Monday, December 06, 2010

Ind. Law - "Sentencing overhaul could be tough for lawmakers"

Lesley Stedman Weidenbener of the Louisville Courier Journal had this lengthy story on Dec. 4th. Some quotes:

It seems nearly impossible for lawmakers to resist lengthening the sentences for violent crimes, particularly after some egregious act that leads to public outrage and constituent outcries for more punishment.

Every year, there are bills to create more specific crimes and boost misdemeanors to felonies. Last year, the legislature voted to keep sex offenders from obtaining good-time credit for participating in some programs, a move that will keep those inmates in prison longer.

But now lawmakers are facing the results of all those changes: More inmates with longer sentences, higher costs to keep them locked up and a need for additional prison space.

The state budget, though, has no room for such expenses.

So in 2011, the General Assembly will consider an overhaul of its sentencing system. The details of the proposal aren’t yet known. They’ll come from the Pew Center on the States and the Council of State Governments Justice Center, which have teamed up to study the state’s system and make suggestions for changes this month.

But those recommendations are likely to include some proposals that will be tough for lawmakers to swallow. * * *

Several leaders, including Rep. Peggy Welch, D-Bloomington, said lawmakers will need political courage to take up the challenge.

That’s an understatement.

In particular, the House Republican and Democrat caucuses are notorious for using votes on sentencing bills to viciously attack opponents in elections.

Just this past election season, several lawmakers were crucified in direct mail pieces for their votes on the good-time credit bill I mentioned above.

State Rep. Ed Clere, R-New Albany, was attacked because of his vote on this bill.

The mailer sent to voters in his district featured what looked to be a discarded teddy bear and featured the headline “Ed Clere voted to let sex offenders out of jail early.”

Clere won his re-election battle, despite the unfair attack.

But these are the kinds of brutal hits that make it tough for lawmakers to have the courage to make the changes that might be necessary to find a balance between public safety and public costs.

Posted by Marcia Oddi on December 6, 2010 02:06 PM
Posted to Indiana Law