TERRE HAUTE —
Some Vigo County officials agree that Indiana’s criminal code is long overdue for an overhaul, and they are watching the progress of proposed legislation now moving through the Statehouse.
The proposal requires more prison time for the most-serious crimes and directs more people convicted of low-level felonies into community corrections programs rather than prison. It also would restructure the current four levels of felony penalties into a six-level felony penalty classification.
“A lot of this is driven by concerns about how much we’re spending incarcerating people,” said Michael Rader, judge of Vigo Superior Court 5, who spoke to the Tribune-Star on Wednesday about House Bill 1006.
The proposed legislation addresses many concerns highlighted two years ago in a state-commissioned report by the Pew Center on the States and the Council of State Governments Justice Center. That report looked heavily at costs of housing inmates in the Indiana Department of Correction.
Judge David Bolk in Vigo Superior Court 3 agrees that changes are needed to the earned credit time formula.
Bolk said he was surprised to learn recently that a Vigo County man who the judge had sentenced in 2008 to 18 years in prison on three separate burglary convictions will be released from prison in summer 2013. Bolk said he sentenced the man to six years on each count, to be served consecutively, noting that the offender also violated his parole from a previous burglary conviction when he earned the new criminal charges.
The judge thought that the man was looking at serving nine years in prison under the one-day-of-credit-for-every-day-served system. However, the DOC gave the offender a four-year time cut because he earned two college degrees while incarcerated.
Bolk said that a two-year credit was given to the inmate for earning an associate’s degree, and then the offender received another two-year credit for continuing on to earn a bachelor’s degree in the same area. If the man had sought a bachelor’s degree in the first place, he would have received only one two-year time cut.
Bolk also noted that the four-year time cut was not on the total 18-year sentence, but applies to the offender’s earliest possible release date, so the man will end up serving only about five years of an 18-year sentence.
Vigo County Prosecutor Terry Modesitt said that time credits need to be consistent, as well. While it benefits society when an inmate gets an education or vocational training while incarcerated, he said he sees random reasons applied by DOC to credit time.
“It takes sentencing out of the hands of the prosecutor and the judge,” Modesitt said. “We are the ones on the local level who decide how much time we think a person should spend in prison, but the DOC can change it. That doesn’t make any sense to me.”
One of his concerns with the legislation, Modesitt said, is that the changes are aimed at solving statewide prison and jail overcrowding.
“I don’t want to change the law just to let people out of jail,” he said.
Judge Rader said he hopes legislators will allow community comment on the sentencing issue, because the people at the local level know what helps their communities deal with offenders.
For instance, the local drug court system has been successful in rehabilitating people at the local level, keeping low-level drug offenders out of the jail and prisons, which don’t always offer rehab programs. However, funding for such community-based programs is always in danger.
“Just putting someone in jail or prison doesn’t always solve the problem,” Rader said, noting that Indiana’s Constitution calls for a reformative, not punitive, corrections system. And the policy of being “tough on crime” is not always best for society.
“We went through a period where we were all taught that people ought to go to prison on drug offenses,” he said. “But what we really need is to give people an avenue to get off drugs. I think the drug court program has been effective. We’ve seen a lot of people turn their lives around. It’s a program that works.”
Vigo County Sheriff Greg Ewing said the Indiana Sheriff’s Association is keeping a close eye on the legislation, acknowledging that an overhaul is needed.
“It’s like a company directory that you never change, but you just keep adding names to it,” Ewing said of the ever-expanding criminal code, which was last retooled in 1977.
He said there has been some concern that returning the low-level offenders in DOC to the county jails will increase jail overcrowding statewide. He said that for Vigo County, that will mean about 30 people being returned, which is substantial, but not debilitating. However, for Vanderburgh County, that could mean 300 returned.
Ewing said he sees the court system working with the prosecutor and defense attorneys to get the low-level offenders moved from the jail into the community corrections program, where the offenders can serve their sentence locally. However, there are still those repeat offenders assigned to community corrections who just can’t make it through their sentence without picking up additional charges, so those low-level offenders do get sent to the DOC, he said.
One ramification of a law overhaul will be training for police.
“When they finally decide and pass all of this, there will be a lot of re-educating and changes for all law enforcement,” Ewing said. “On a daily basis, there are some things we do a lot, such as write traffic tickets. We will have to make sure we are up to date and cite the correct code.”
Prosecutor Modesitt agreed that training will be essential following any law change.
“The prosecutor’s office provides some of the training to law enforcement,” he said. “They [police] have to make sure the arrest is done right in the first place, so that we can build a good case. It takes a lot of teamwork.”
Reporter Lisa Trigg can be reached at 812-231-4254 or lisa.trigg@tribstar.com. Follow her on Twitter @TribStarLisa.
News
Calling for criminal code corrections
Proposed legislation calls for community correction programs for low-level felonies
- News
-
-
Relic from another age: Massive find
A mastodon that lived in the Wabash Valley thousands of years ago is making big news today.
-
Game Over: Financial tightening causes VCSC to drop St. Patrick’s from athletic schedule
St. Patrick’s School athletic teams will not have an opportunity to compete against their Vigo County School Corp. middle school counterparts next year.
-
Katelyn Newell finally at home
After nearly five months, 8-year-old Katelyn Newell finally returned home Thursday evening — with a new heart.
-
Indiana State U. Police officer honored with Artz Award
Thursday was a special day for Indiana State University Police Officer Christopher Heleine in multiple ways.
-
City Council considering three for consultant
Three different tax professionals vied Thursday for a chance to become a “financial consultant” to the Terre Haute City Council.
-
Clay County sheriff warns of bank card scam
The Clay County Sheriff’s Department has received information regarding a scam targeting residents, according to a news release from the sheriff’s department.
-
State Police seek help with Sullivan County homicide
Indiana State Police detectives from the Putnamville Post are seeking help from the public with the nearly six-month investigation into the death of 85-year-old Lowell R. Badger, a rural Sullivan County farmer.
-
Man who attacked Vigo deputy arrested
A Terre Haute man accused of attacking a Vigo County sheriff’s deputy earlier this week is facing felony charges in the Vigo County jail.
-
INDOT to bid final 641 phase
The final construction phase of the 641 bypass is scheduled to let for bids on Dec. 11, according to the Indiana Department of Transportation.
-
District office moves north
The Southwest District office of the Purdue Extension service has been moved north from Vincennes to Terre Haute.
-
Day is done…
The sun sets Thursday evening as seen from south of Terre Haute.
-
Banks of the Wabash Festival is more than just yearly entertainment
Pioneers think counterintuitively. Where others see widespread apathy, they focus on the possibility for progress. In a way, the 2013 Year of the River celebration began in the 1970s.
-
Planning session aims to better Terre Haute
It’s not yet clear what will come of it, but dozens of community leaders spent the whole day Wednesday trying to develop a plan – or collection of plans – to make Terre Haute “a better community.”
-
Education funding boost won’t benefit all schools
In the budget bill passed by the General Assembly last month, there is more money allocated for K-12 education over the next two years, but that doesn’t mean every school will get more dollars.
- Day of Action job options open
-
Park Board renames land around Memorial Stadium
Land surrounding Indiana State University’s Memorial Stadium on Terre Haute’s east side has been designated as Veterans Memorial Park, following a unanimous vote Wednesday from the Terre Haute Park Board.
-
Deputy suffers minor injury during incident
A Vigo County Sheriff’s deputy received a minor injury to his hand Tuesday night while subduing a drunken driving suspect who fled behind a North Terre Haute business.
-
Man accused of child neglect gets new trial date
An Oct. 15 trial date has been set for a Terre Haute man arrested in November for child neglect after he and his wife allegedly tied up and confined their adopted children in the family home.
-
Police find meth labs, arrest Pierson Township man
Police uncovered two active methamphetamine labs in southeastern Vigo County on Monday, leading to the arrest of a Pierson Township man.
-
New date set for attempted murder trial
A new trial date has been set for a Terre Haute woman charged with attempted murder.
-
Rose-Hulman professor researching ways to make homes storm safe
Tornadoes produce greater uplift forces than hurricanes, which can flatten homes such as in Moore Okla., south of Oklahoma City.
-
Group wants to connect downtown Terre Haute with the Wabash River
Fairbanks Park is underutilized.
The Wabash River is peaceful and inviting, but there is some concern about its cleanliness as well as pollution levels. Also, people can’t get on the river unless they have a boat. -
New conservancy district appoints first directors
Members of the first board of directors of a new lake conservancy district were appointed Tuesday by the Vigo County Board of Commissioners.
-
Vigo law enforcement signs Triad charter to protect seniors
Indiana Attorney General Greg Zoeller joined Vigo County law enforcement and community activists Tuesday to sign the county’s first Triad charter, becoming the 22nd Triad in Indiana.
-
Wabash Valley Red Cross wraps up Save the Day Campaign
The American Red Cross Wabash Valley Chapter’s 2013 annual meeting concluded the 17th annual Save the Day Campaign, and the results lifted the spirits of all who were involved.
-
Some Vigo roads washed out
Spring storms resulted in $250,000 in damages to roads in southern Vigo County, with costs including sand and labor to save homes near river bottoms, said county highway Assistant Superintendent Dan Bennett.
-
County Council votes $78K toward rail spur
County officials voted Tuesday night to make good on a 2011 promise to help improve a railroad spur just north of Terre Haute for Menard Inc.
-
Spring flooding damages future CSO holding lagoon
Flood waters from the Wabash River have done costly damage to one of the city-owned “lagoons” on former International Paper property.
-
Vigo tops state average for IREAD-3 scores
The Vigo County School Corp. exceeded the state average in the percentage of students passing the state’s mandatory Grade 3 reading test, IREAD-3.
-
Storms cause minor damage in Valley
Tuesday morning storms in the Wabash Valley caused thousands of Duke Energy customers to lose power.
- More News Headlines
-
Raw Video: Washington State Bridge Collapse
Officials: Truck Hit Bridge Before Collapse
Sheriff: No Sign Killing of 2 Kids Was Planned
Bridge Collapse Survivor: 'Rough Day'
Boy Scouts Approve Plan to Accept Gay Boys
First Person: Mom Discusses Famous Tornado Photo
Raw: Jurors Deadlock on Jodi Arias Penalty
Raw: Utah Teen Arrested in Death of His Brothers
Boy Scouts Decision "First Step" Say Activists
Obama Defends Drone Strikes, With Limits
Jersey Shore Open for Business
Closer Look at Okla. School Where Children Died
Raw: Scuffles in London After Hacking Death
Two Suspects in Murder Known to London Police
Britain Attack Believed Linked to Radical Islam
Johnson: Don't Blame Islam or UK Policy
Today in History May 24
Boy Scouts Mom Supports Gay Inclusiveness
SeaWorld: Penguins Are Coolest Thing in Florida
Obama Renews Call to Close Gitmo
AK-47-wielding thug may be the most bumbling crook ever
Oklahoma Survivors, Heroes Survey Damage
Trout's cycle a boost for Angels
Raw: New Video of Deadly Oklahoma Tornado
Kim Kardashian Flaunts Pregnant Bikini Body in Greece
NBA star pledges $1M to help tornado recovery
Shakira's Shocking Talent
Morgan Freeman falls asleep on air
GRAPHIC: Blood-Soaked Machete Killer Caught on Tape
Elin Nordegren Furious With Lindsey Vonn For Parading Kids in Public
Camera Captures Climber As He Loses Grip And Falls
Helen Mirren Meets with Dying Boy in Queen Elizabeth's Place
Crowd Chants '¡Si, Se Puede!' After Passage of Immigration Bill
DWTS Crowns a Winner
Police Ram House to End Hostage Standoff
Demi Moore a Rocks Bikini at Harry Morton's Family House
Anthony Weiner: I'm running for New York City mayor
Kate Middleton's Dress Flies Up
VIRAL: Baby makes epic soccer goal
The Hangover Baby All Grown Up
