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Criminal Justice in Indiana Impact of 1006. David N. Powell Executive Director IPAC. Outline. Summary of Reform Current Trends/Data Future Questions. 1. Summary – 4 Classes to 6 Levels. Converts Class A – D Felonies to Levels 1 – 6 Murder & Misdemeanors unchanged
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Criminal Justice in Indiana Impact of 1006 David N. Powell Executive Director IPAC
Outline Summary of Reform Current Trends/Data Future Questions
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
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)
1. Summary - Sentencing Range Comparison Sentencing Range Comparison
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.
1. Summary - Advisory Sentences Advisory Sentence Range Comparison
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
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
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
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.
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)
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.
2. Trends – Criminal Filings * Murder is up 32% in the last 4 years
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)
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
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?
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
2. Current Trends - Probation 2014 DOC Admissions = 34% Parole/Probation violations
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)
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%)
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
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
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?
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
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?
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
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.
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
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
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?
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
4. QUESTIONS? • David N. Powell • Executive Director • Indiana Prosecuting Attorneys Council • 317-232-1836 • dpowell@ipac.in.gov