Prison Reforms That Won't Compromise Justice
In response to my recent post about the solution to Indiana's high prison costs, Ricochet members weighed in with some tough questions. For example, Ricochet member Palaeologus asked:
What types of minor offenses entail lengthy incarceration in Indiana?
I'm gonna go out on a limb and guess that we're not talking about jaywalkers, first-time drug users, prostitutes, etc.
Just how likely are we to reduce recidivism if penalties disappear?
These are great questions—in fact, the exact ones that we posed when we started working with the folks from the Council of State Governments (CSG) & Pew. It was only after reviewing voluminous data and analyses that we concluded that our proposed changes made good sense. Here are some specifics that helped us understand the need for change:
- Indiana’s incarceration rate is three times greater than other states in our region.
- Most of our state prisoners are incarcerated for Class D felonies—the lowest felony.
- Indiana is the only state in which all theft-related crimes are classified as a felony.
- Our code does not distinguish between someone who has stolen $100 verses someone who has stolen $50,000.
- It similarly fails to adequately differentiate amounts for drug possession.
- In 2009, one in six of our offenders went to prison for less than ninety days.
- Indiana’s statutory sentences are the highest in the county.
- Examples: Selling three grams of cocaine:
- Indiana: Min. 20 years; Max 50 years.
- Texas: Min. 2 years; Max 20 years
- Wisconsin: No Min.; Max 12.5 years
- Ohio: Min. Probation; Max 1 year
- Examples: Selling three grams of cocaine:
- Indiana is not the first state to undertake such reforms. Texas and Kansas, hardly states thought of as soft on crime, preceded us.
Appreciate the feedback and the questions. No need to worry; if there’s any place in America you can count on to be firm with criminals, it’s here in the Hoosier State.
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Comments :
Re: Prison Reforms That Won't Compromise Justice
Is your crime rate markedly lower than those in Texas, Wisconsin, and Ohio? If so, you might want to keep on building those prisons.
Jul '10
Re: Prison Reforms That Won't Compromise Justice
Governor, I'm concerned that we are creating a permanent underclass. A criminal record, even for a misdemeanor, stigmatizes an individual for life. Although federal law specifies that employers may not discriminate against people with a misdemeanor record, the fact is that they do.
Young people do some very stupid things. Many of them, given the chance - and if not subjected to incarceration with hard-core criminals - could learn from their mistakes and go on to live productive, law-abiding lives.
But their chances of doing that, when even a single blot on their record banishes them to the margins of society, are slim.
In the past, judges could seal or expunge a criminal record. But in today's information environment, that's no longer effective.
What can or should we do to identify those minor offenders who are susceptible to rehabilitation and provide them with one chance to turn themselves around, free of stigmata?
Aug '10
Re: Prison Reforms That Won't Compromise Justice
Twenty to 50 years for selling 3 grams is a travesty. Knocking the zeroes off those numbers would be more appropriate. Save the long sentences for serious crimes of theft and violence.
Sep '10
Re: Prison Reforms That Won't Compromise Justice
Governor Daniels,
I was curious if in the statistics you have compiled there is a tally for those who are convicted once for a crime and never appear back in the system. I would assume that if it is tracked, then you found that a large number of Class D crimes were committed once and never again. Is this a correct assumption?
Jun '10
Re: Prison Reforms That Won't Compromise Justice
Forty years ago, when I was a 25 year old art student, I spent a few days traveling with some friends to a relatively nearby art school. During the trip we were stopped by a local township policeman while traveling on a State highway. My friend, whom I let drive my truck for a stretch, turned to me with a very upset look. "I don't have a drivers license!" he exclaimed. So while the officer was still in his vehicle, my friend and I switched seats and I took over the steering wheel. The officer saw us. That action was, of course, illegal. During the subsequent arrest, the officer found a small amount of marijuana in my truck. It was a Saturday night. We were all very young (I was the oldest of three in the truck). After fingerprinting us at the police station and spending a few hours in jail, we were taken to a personal residence of the local judge. We were charged with misdemeanors and all pleaded guilty. The judge fined us some small amount of money and we were released. I have owned a business for thirty years that employs 15 to 20 people.
Jul '10
Re: Prison Reforms That Won't Compromise Justice
Mitch Daniels: Here are some specifics that helped us understand the need for change:
I'm generally skeptical that an abundance of lawbreakers means lighter sentences are in order.
Yet, the distinctions you're drawing seem worthwhile.
Thanks for taking the time to respond Governor.