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Monday, August 15, 2011
Ind. Law - Several items on sentencing reform
Following on the ILB's most recent entry on sentencing reform efforts, from August 13th, here are three new items:
- "Sentencing reform may come with rise of problem-solving courts: There are 42 such courts in 32 Hoosier counties" is the heading to this Aug. 14th story reported by Maureen Hayden of the CNHI news service. Some quotes:
INDIANAPOLIS — Sentencing reform stalled in the Indiana Statehouse last session, but efforts to reduce Indiana’s prison population are moving forward in courthouses around the state.
In more than one-third of Indiana’s 92 counties, judges have established “problem-solving” courts aimed at delivering justice without incarcerating offenders. The defendants who show up in these courts include drug addicts, troubled veterans, and the mentally ill. How they landed in trouble varies widely.
But what they share in common is how their cases are handled: Instead of being sentenced to serve time behind bars, they’re diverted into treatment programs and remain closely supervised by the court system that put them there.
The numbers of defendants involved are still small, but the problem-solving courts are relieving some pressure from the state’s overcrowded prison system — a goal of the sentencing reform legislation derailed by “tough on crime” opponents.
At a recent seminar on the court system, Indiana Supreme Court Chief Justice Randall Shepard said the rise in problem-solving courts is evidence that local judges are “racing forward” with their own version of sentencing reform without waiting for the legislature to act.
Driving the growth, Shepard said, are judges who are questioning the old models of lock-em-up justice by asking the question: “What is the sanction that best fits this crime and maximizes the chances there won’t be another one?” * * *
Long before the legislature acted, local judges moved to expand beyond drug courts and into other areas where intervention seemed more appropriate than imprisonment.
In Madison County, Judge Dennis Carroll launched a “mental health court” four years ago. On the bench for 30 years, Carroll said he’d seen too many people show up in his court charged with a crime but whose real problem was mental illness.
“We know there’s a large number of people in the prison system with underlying mental health problems,” Carroll said.
- "Floyd County judge planning veterans court: Military vets will receive treatment instead of prison" is the heading to this Aug. 14th story by Matt Thacker in the New Albany News & Tribune. Some quotes:
FLOYD COUNTY — Floyd County Superior Court No. 3 Judge Maria Granger is planning to start one of the first courts for veterans in the state.
The Floyd County Veterans Treatment Court will be based on the drug court model. Both are examples of problem-solving courts which began in the 1990s to accommodate offenders who needed treatment not available through the regular court system.
Veterans courts deal with military veterans whose crimes stem from their struggles with substance abuse and mental health issues related to their combat experience. Granger said veterans deal with issues like post-traumatic stress disorder, brain injury and substance abuse. Those who commit violent crimes or other certain offenses will not be eligible.
Granger decided to start the program after seeing veterans, many of whom had been deployed multiple times, entering the court system.
“We have to be concerned with public safety, and we have to be concerned with recidivism rates,” Granger said.
If the prosecutor and judge agree, the defendant is offered treatment in lieu of prison. If the program is completed successfully, the charges will be dropped or an alternative sentence imposed. If the defendant fails to comply with the strict terms of the program or decides to withdraw, he or she could still face the original charges. * * *
There are more than 40 problem-solving courts in Indiana, including the Clark County Drug Court, but only one veterans court. Porter County has a Veterans Court, and Vanderburgh County has one in the planning stages, according to the Indiana Judicial Center’s website.
Granger said the program, which requires a commitment of 18 months to two years, is tough but provides the veteran with the benefit of a mentor. The court has already been working closely with the Veterans Affairs office in Louisville to provide counseling. The VA will help to oversee the treatment.
- On an entirely different note re sentencing reform, here are some quotes from a lengthy story via the Arkansas News Bureau, reported by Rob Moritz:
LITTLE ROCK — Less than a month old, state prison reforms intended to ease overcrowding and slow the rise of prison costs are already being criticized as overly burdensome and, in come cases, too lenient.
A legislative hearing is scheduled for Sept. 23 to field concerns. The most vocal critics are lawmakers who opposed legislation during this year’s regular session that became Act 570 of 2011.
“We knew all along that change scares people,” said Matt DeCample, spokesman for Gov. Mike Beebe, who pushed the new guidelines. “I doubt that they’re going to get much useful information, but we’re not going to resist anyone’s efforts to meet and talk about things.”
Critics complain some of new guidelines pose potential hardships for county sheriffs while others, including reducing the penalty for possession of less than a half-ounce of marijuana from a felony to a misdemeanor, are just not right. * * *
The sentencing reforms were enacted in response to a 2010 study by the Pew Center’s Public Safety Performance project, which found that the state’s prison population has doubled in the past 20 years to more than 16,000 and that housing ever more inmates could cost the state $1.1 billion over the next decade.
The reforms and new guidelines could save the state about $875 million over the next decade, the Pew study said.
Act 570 provides for lesser sentences for some nonviolent offenders and mostly drug-related crimes. The law also makes some nonviolent offenders eligible for parole earlier, with electronic monitoring as a condition of early release in some cases.
It provides for less severe punishment for some parolees who fail to report to a parole officer or fail a drug test. Those offenders could serve up to seven consecutive days in jail rather than being sent back to prison to serve their full sentences.
One concern Bell said he has with Act 570 is the provision that lowers the charge for possessing a half-ounce or less of marijuana. Before the change, possessing a half-ounce or less of the drug was a felony on second and subsequent offenses.
“We have a very, very low tolerance for drug offenses of any type,” said Bell, who represents parts of Polk and Montgomery counties in western Arkansas. “Something like that may be in the normal course of business in Little Rock, for instance, but it is a big bust in Polk County and our law enforcement has kept that in check. * * *
Montgomery County Sheriff David White wondered, “Where is the deterrent” in changing the severity of the offense?
“This one really bothers me,” the sheriff said.
Another provision White complained about doubles the value of stolen property needed to constitute a felony from $500 to $1,000.
“Instead of being felonies and being sent to the state, and the state having to deal with it, it’s going to be the counties … having to find somewhere to house (offenders),” White said, noting his county jail has just a dozen beds.
Posted by Marcia Oddi on August 15, 2011 12:19 PM
Posted to Indiana Law