Kokomo Tribune; Kokomo, Indiana

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September 24, 2013

Studies to examine effect of sentencing reform

Some fear revisions to criminal code will increase the prison population.

INDIANAPOLIS — Earlier this year, Indiana lawmakers passed major sentencing reform legislation that rewrote the felony portion of the state’s criminal code. Left unanswered, however, are questions about its fiscal impact on local communities and the state prison system.

Now, two independent, state-funded studies are underway to provide more information to lawmakers as they move ahead with an ambitious effort to divert more low-level offenders from the state’s Department of Correction into community-based programs.

One study, being done by Georgia-based Applied Research Services, is looking at whether the state’s new felony sentencing structure will reverse the historical trend of a rising prison population, or, as some fear, escalate it dramatically.

The other study underway by Indiana University criminal-justice researcher Roger Jarjoura is looking at the fractured system of local treatment programs aimed at reducing recidivism to determine their costs and benefits.

The studies are being done at the request of the Legislature’s Criminal Law and Sentencing Policy Study Committee. Its members have spent nearly four years reviewing and revising the state’s criminal code, which was last overhauled in 1977.

“We knew this was a big task, and we’ve gotten a lot of work done so far,” said State Rep. Greg Steuerwald, a Republican from Avon and former committee chairman. “I don’t think we realized the enormity of it, though.”

During the 2013 session, the General Assembly passed a 450-page bill, House Enrolled Act 1006, that rewrites the felony portion of the state’s criminal code. Authors of the bill, including Steuerwald, set out with several goals in mind: They wanted to reserve prison for the most serious offenders, ensure proportional penalties for different crimes, create like sentences for like crimes, and increase the certainty on the length of prison sentences.

The new law expands the state’s current four levels of felonies to six and it requires offenders to serve at least 75 percent of their prison terms, instead of the current 50 percent. It also reduces penalties for drug crimes — Indiana has some of the harshest in the nation — and it gives judges much more discretion to let low-level offenders serve their time in community-based correction programs.

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