INDIANAPOLIS —
To understand why the Indiana criminal code may undergo a major overhaul in the next legislative session, it helps to know that child molesters and rapists face less prison time than someone caught with a few grams of cocaine standing near a public park.
The code – which lays out the standards for crime and punishment in Indiana – is, as one judge puts it, “out of whack and in need of realignment.”
That quote comes from John Marnocha, a trial court judge in South Bend, the past president of the Indiana Judges Association and a member of the Indiana Criminal Code Evaluation Commission.
Over the past few weeks, Marnocha and commission members have been vetting major recommendations that, if put in place, would overhaul the state's criminal felony laws to make punishment more proportionate to the crime.
The recommendations come from a work group of attorneys, created by the commission and led by former U.S. Attorney Deborah Daniels. They call for some sweeping changes, including more levels of felonies, tougher penalties for the worst sexual and violent crimes and less prison time for low-level drug crimes.
“What we’re talking about is part of long-term, top-to-bottom reform,” said state Rep. Matt Pierce, who served as the commission’s first chairman when it was created in 2009. Commission members include an array of stakeholders in the justice system, representing judges, lawmakers, prosecutors, public defenders, probation officers and corrections officials.
Pierce, a Bloomington attorney, is a liberal Democrat in a statehouse dominated by conservative Republicans, but his allies in the effort are on both sides of the political aisle.
“There’s a pretty strong consensus between conservatives and liberals that this needs to get done,” Pierce said.
That’s echoed by the current commission chairman, Republican state Rep. Ralph Foley from Martinsville, who likes to remind his colleagues: “The Indiana constitution requires proportionality.”
That’s no easy task.
The state’s criminal statutes were last “recodified” by the legislature in 1977. Since then, the legislature has added a lot more crimes to the code, but did so in a piecemeal fashion without making sure there were like penalties for like crimes.
Foley blames it in part on “law and order” lawmakers – himself included – who beefed up the punishment for drug crimes, convinced it would be a deterrent.
That’s why possessing a small amount of cocaine while near a park or a school is a class-A felony – the highest felony level – which can get you 20 to 50 years in prison.
Compare that, as the commission’s work group did, to rape. That crime is a class-B felony that carries an advisory sentence of 10 years and a maximum penalty of 20 years. Child molesting, charged as a class-C felony, carries a maximum penalty of 8 years.
It’s not just the drug laws that may be in for a fix.
One of Marnocha’s favorite examples of how the code is “out of whack” involves comparing theft and forgery. Theft, up to $100,000, is a class-D felony with a maximum penalty of three years behind bars. Forgery, charged as class-C felony, can get you eight years.
“So if I had a suitcase filled with $99,999 and you stole that, it’s only a class-D felony. But if you stole my checkbook, signed my name and cashed a check for $9.99, that’s a class-C felony and you could go to jail for a lot longer,” Marnocha said.
“That’s one example; there are others that are a lot more serious.”
The present formula no longer makes sense to longtime legislators like state Sen. Brent Steele, a conservative Republican from Bedford and influential chairman of the Senate’s courts and corrections committee. Steele has already said he’ll carry the Senate version of the bill that rewrites the criminal code and base much if it on the recommendations that come out the Criminal Code Evaluation Commission.
“We’ve got to be willing to back up and look at what we’ve done,” Steele said. “And then go in and fix it.”
Pierce agrees. “The slogan used to be ‘Let’s be tough on crime,’ ” he said. “The new slogan is ‘Let’s be smart on crime.’ ”
Maureen Hayden is the Indiana Statehouse bureau chief for CNHI, the parent company of the Tribune-Star. She can be reached at maureen.hayden@indianamediagroup.com.
News
Recodifying our laws
Effort to balance criminal sentences likely to result in action in ’13 Indiana Legislature
- 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
-
Bridge Collapse Survivor: 'Rough Day'
Officials: Tsarnaev Friend Linked to Slaying
Raw Video: Washington State Bridge Collapse
Officials: Truck Hit Bridge Before Collapse
Jersey Shore Open for Business
Major Detours Following Wash. Bridge Collapse
American Held in Grisly Czech Murders
Raw: Texas Deputy Shot by Colo. Suspect Honored
Raw: Trucker Bumps I-5 Bridge Before Collapse
First Person: Mom Discusses Famous Tornado Photo
Obama:Sexual Assault Threatens Trust in Military
Raw: Memorial Day Flags Placed at Arlington
Raw: Jersey Shore Reopens for Summer
UK-bound Pakistan Plane Diverted, 2 Men Arrested
Raw: Scuffles in London After Hacking Death
Sheriff: No Sign Killing of 2 Kids Was Planned
Two Suspects in Murder Known to London Police
New Wheelchair Lift Promises More Access
Boy Scouts Approve Plan to Accept Gay Boys
Johnson: Don't Blame Islam or UK Policy
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
