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Criminal Justice in Indiana Impact of 1006

Explore the impact of Indiana's criminal justice reform, including changes to sentencing ranges, mandatory minimums, and funding allocations. Discover current trends and analyze data to assess the effectiveness of reforms.

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Criminal Justice in Indiana Impact of 1006

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  1. Criminal Justice in Indiana Impact of 1006 David N. Powell Executive Director IPAC

  2. Outline Summary of Reform Current Trends/Data Future Questions

  3. 1. Summary – 4 Classes to 6 Levels • Converts Class A – D Felonies to Levels 1 – 6 • Murder & Misdemeanors unchanged • Current Code New Code Murder Murder Class A Levels 1 & 2 Class B Levels 3 & 4 Class C Level 5 Class D Level 6

  4. 1. Summary - Proportionality • Most felonies are essentially unchanged • Approximately 90 felonies are decreased • Drug crimes • Property crimes • Approximately 30 felonies are increased • Sex crimes • Crimes of violence (murder)

  5. 1. Summary - Sentencing Range Comparison Sentencing Range Comparison

  6. 1. Summary – Change to Advisory Sentence • Advisory sentences (I.C. 35-38-1-1.3) • After a court has pronounced a sentence for a felony conviction, the court shall issue a statement of the court’s reasons for selecting the sentence that it imposes unless the court imposes the advisory sentence for the felony.

  7. 1. Summary - Advisory Sentences Advisory Sentence Range Comparison

  8. 1. Summary – Class Mandatory Minimums • Mandatory Minimum Sentences: • Old law – 35-50-2-2 (2 categories) • Any felony with a prior felony conviction –time limits on Class C (7 years) and Class D (3 years) • List of 30 (examples: murder, rape, and a number of class A felonies) Somewhat complicated

  9. 1. Summary - Mandatory Minimums • Starting July 1, 2014 • Reduced Mandatory Minimum Sentences: • New 35-50-2-2.2 replaces 35-5-2-2 & provides: • All sentences can be suspended except: • Minimum for Levels 2 & 3 with a prior unrelated felony • Minimum for Murder & Level 1 (heinous 9) Not complicated Exception - No mandatory minimum for Level 2 & 3 drug offenses even with a prior felony. But after July 1, 2016…… HEA 1235 – Level 2 nonsuspendible if meth/heroine and prior dealing felony conviction in a controlled substance

  10. 1. Summary – Old v. New Penalties adjusted for credit time

  11. 1. Summary – Class D / Level 6 Disposition change • After 12/31/2015, no Level 6 felony offenders may go to DOC, with exceptions • Multiple level 6s, consecutive • Level 6 that is enhanced (IC 35-50-2-8 through IC 35-50-2-16) • Commission of a new offense while on probation • Provides per diem and medical expense reimbursement to sheriffs - $35/per diem

  12. 1. Summary of Funding DMHA • Mental Health and Addiction Forensic Treatment Fund – RECOVERY WORKS • HIP 2.0 • $30 million over the biennium, non-reverting • November 1, 2015 roll out to cover HIP 2.0 Gap • $2 Million spent to date – top 5 are Housing, Substance Abuse Disorder Group, Skills training, Intensive outpatient treatment, Individual Substance Abuse treatment • New Mental Health Hospital in the works.

  13. 1. Summary of Funding DMHA • Mental Health and Addiction Forensic Treatment Fund – RECOVERY WORKS • Adjustments • Lift caps of $2,500.00 services and $500.00 on medication • Increase reimbursement rate to HIP rate vs. medicare • Expand assessment to 30 days before release • Maybe put a case managers/navigators in every jurisdiction? • Look at including moderate/high risk misdemeanants for substance abuse ( Maybe 15,000 per year – statewide) (15,000 X $3,000.00 = 45 million dollars)

  14. 1. Summary of Funding Department of Corrections • DOC to report savings annually • Community Corrections • Creates Justice Reinvestment Advisory Council (9) • Makes grant approval recommendations to the Commissioner • 10 million in new dollars last year • 20 million in new dollars July 1, 2016. • 78 counties with collaborative plans funded (200 new positions) • 29 million in requests • 16.7 million awarded and 3.2 million earmarked for award, 10 million to community corrections.

  15. 2. Trends – Criminal Filings * Murder is up 32% in the last 4 years

  16. 2. Current Trends – Drug Sentences

  17. 2. Current Trends – Drug Sentences

  18. 2. Current Trends - Sentences • Some other big stuff • 2015 Probation/Parole new offense and technical violation = 50% of DOC admissions 7,168/14,256 • Probation/Parole Technical violations to DOC • 2014/15 = 1,684/1,329 Parole admissions • 2014/15 = 4,166/3,969 Probation admissions • 34%/37% (5,850/17,233) & (5,298/14,256)

  19. 2. Current Trends – DOC data • 2014 data • 17,233 admissions – 18,590 releases • July 1 = 29,315 • 2015 data • 14,256 admissions – 16,491 releases • July 1 = 27,884 - Down 5% from 7/1/14 • 2016 data • April 1 = 26,216 – Down 9% from 7/1/14

  20. 2. Current Trends – DOC data • As of April 1, 2016 • 1,373 offenders in DOC as Class D • 1,020 offenders in DOC as Level 6 • 2,393 represents 9% of population (26,216) • This was 22% in September 2015 • Will final DOC average be 22-24,000? • If technical revocations are precluded, then under 20,000?

  21. 2. Current Trends – ARS study • Applied Research Services reform projections • No Reform1006 HEA 1006 • 29,485 29,485 29,455 • 2015 No Reform1006 HEA 1006 • 30,203 30,491 29,158 • Reality: April 1, 2016 = 26,216 and falling • ARS 10% too high • ARS projections were below LSA and DOC

  22. 2. Current Trends Probation

  23. 2. Current Trends - Probation 2014 DOC Admissions = 34% Parole/Probation violations

  24. 2. Current Trends - Probation

  25. 2. Current Trends – Community Corrections • 2013-2014 data • 68,974 participants • 51,663 male • 17,227 female • 31% misdemeanors • 60% felonies • 9% other (Community Transition)

  26. 2. Current Trends – Community Corrections • Snap shot of September 29, 2015 • Total Population = 14,589 felony/misdemeanor • Community Service = 3739 (25.63%) • Day Reporting = 1058 (7.25%) • Electronic Monitoring = 5878 (40.29%) • Forensic Diversion = 669 (4.59%) • Problem Solving Court = 770 (5.28%) • Work Release = 2128 (14.59%) • Non reporting = 347 (2.38%)

  27. 2. Current Trends - Jails • 2015 data • 97 facilities • 20,736 beds • 16,339 population (79% of capacity) • Average size 225.4 & population 177.6 • 23 crowded (24%) • 43 Detox beds statewide • 31 padded cells statewide

  28. 2. Current Trends – Pretrial • Pretrial Assessment and Bail (Supreme Court) • Study to reduce use of cash bail/bonds • Intent is to assess & release low risk defendants (indigent/mental illness) • Fiscal impact on local government unknown • Cash bail often forfeited to cover costs • Civil Failure to Appear holds? • Pilots

  29. 2. Current Trends - Diversion • Felony Diversion to date by Prosecutors • Level 6 = 341 cases statewide • Level 5 = 17 cases statewide • Will Prosecutors become comfortable with this concept?

  30. 3. Future - Funding • Treatment and DMHA impact will likely be clear in next 24 months • HIP 2.0 and Recovery Works funding looks sufficient • Funding for Jails and DOC for substance abuse and mental illness coming • Public Health involvement with Public Safety new a new dynamic to reduce recidivism

  31. 3. Future – funding & programs • Probation • User fees - essential? • Caseloads – felons up, misdemeanors down • Risk Assessments – a work in progress • Collaboration w/ Community Corrections • Use of Vendors – competition?

  32. 3. Future – Corrections • DOC • Population is shrinking • Facility Closure – political will? • Treatment - program expansion for substance abuse & mental health necessary • Michigan no savings – no facility closures despite 60% population reduction

  33. 3. Future – Evidence Based Decision Making • EBDM • State Team • County Teams • Data – critical for objective evaluations • Collaboration seems to be working • JRAC & DOC collaboration on grants going well 20 million for 29 million in requests was close.

  34. 3. Future – Governor’s Advisory Council on Drugs • Focus on Public Safety and Public Health • Will a legislative agenda develop • #1 in pharmacy robberies • #1 in Methamphetamine • Opiate abuse at an all time high • Other narcotics & synthetics still a problem • We have a big drug problem – drives crime

  35. 3. Future – Indiana Demographic • 2050 – 70% increase in population over 65 • 2050 – 60 counties will be smaller • Median age will be 39.1 in 2035 • 2010 - 39 counties with a median age over 40 • 2040 – 74 counties with a median age over 40 • Youth will increase in Metro and decrease in rural Indiana • Location of Youth will drive Crime rates

  36. 3. Future – Indiana Demographic • Crime rates will increase in urban/metro areas • Crime rates will decrease in rural areas • Most crimes are committed by folks under 40 • Urban/Metro communities will drive public safety agenda • Will money shift?

  37. 3. Future – Crime & Treatment • Can public health and public safety work together? • Can the war on drugs be won? • Will treatment replace prosecution? • California treatment crisis • We must not follow Michigan and California • Current issues with Federal legislation

  38. 4. QUESTIONS? • David N. Powell • Executive Director • Indiana Prosecuting Attorneys Council • 317-232-1836 • dpowell@ipac.in.gov

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