Criminal Justice in Indiana Impact of 1006 David N. Powell Executive Director IPAC

Outline 1.Summary of Reform 2.Current Trends/Data 3.Future 4.Questions

1. Summary – 4 Classes to 6 Levels Converts Class A – D Felonies to Levels 1 – 6 Murder & Misdemeanors unchanged Current CodeNew Code Murder Class A Levels 1 & 2 Class B Levels 3 & 4 Class C Level 5 Class D Level 6 3

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) 4

1. Summary - Sentencing Range Comparison I.C ClassOldLevelNew Murder45-65 yearsMurder45-65 years A20-50 years years –30 years B06-20 years years years C02-08 years years D years years 5 Sentencing Range Comparison

1. Summary – Change to Advisory Sentence Advisory sentences (I.C ) 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. 6

1. Summary - Advisory Sentences I.C ClassOldLevelNew Murder55 yearsMurder55 years A30 years years B10 years309 years years C04 years503 years D01.5 years601 years 7 Advisory Sentence Range Comparison

1. Summary – Class Mandatory Minimums Mandatory Minimum Sentences:  Old law – (2 categories) 1)Any felony with a prior felony conviction –time limits on Class C (7 years) and Class D (3 years) 2)List of 30 (examples: murder, rape, and a number of class A felonies) Somewhat complicated 8

1. Summary - Mandatory Minimums Starting July 1, 2014 Reduced Mandatory Minimum Sentences:  New replaces & 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 9

1. Summary – Old v. New Penalties adjusted for credit time I.C ClassOld Advisory50% creditLevelNew Advisory25% credit Murder55 years27.5 yearsMurder55 years41.25 years (+13.75) A30 years15 years130 years22.5 years (+07.5) years years (-1.875) B10 years5 years39 years6.75 years (+1.75) years4.5 years (-.05) C4 years2 years53 years2.25 years (+.25) D1.5 years0.75 year6 (50% credit time) 1 year (50% credit time) 0.50 year (-.25) (50% credit time) 10

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 through IC ) Commission of a new offense while on probation Provides per diem and medical expense reimbursement to sheriffs - $35/per diem 11

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. 12

1. Summary of Funding DMHA Mental Health and Addiction Forensic Treatment Fund – RECOVERY WORKS Adjustments Lift caps of $2, services and $ 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, = 45 million dollars) 13

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, 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. 14

2. Trends – Criminal Filings Supreme Court Data FeloniesUp 9%Down 1% MisdemeanorsDown 25%Down 31% Murder*Up 5%Up 17% * Murder is up 32% in the last 4 years Filed Cases Felonies Filed71,78466,324 (Down 8%) Misdemeanors151,853138,384 (Down 9%)

2. Current Trends – Drug Sentences DOC Data - Drug Crimes Admits - March % for Drug Crime Current Inmates in DOC25% for Drug Crime 1 st 12 months – Drug dealing sentencesDown 38% February % under felony classes February % nonsuspendible Pot ( ).03% (77 out of 26, 216) Significant Reduction in Penalties

2. Current Trends – Drug Sentences January – March 2014January – March ,750 Abstracts8,847 Abstracts 57% of all A Felony convictions were drug related 2% of all F2 felony convictions were drug related 51% of all B Felony convictions were drug related 7% of F3 and F4 felony convictions were drug related 12% of all F5 felony convictions were drug related 51% of F6 felony convictions were drug related Downgraded Drug Offenses: Compare the Data

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, data 14,256 admissions – 16,491 releases July 1 = 27,884 - Down 5% from 7/1/ data April 1 = 26,216 – Down 9% from 7/1/14

2. Current Trends – DOC data As of April 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 2014 No Reform1006HEA ,485 29,48529, No Reform1006HEA ,158 30,20330,49129,158 26,216 Reality: April 1, 2016 = 26,216 and falling ARS 10% too high ARS projections were below LSA and DOC

2. Current Trends Probation Probation Type2013 data2014 data Adult felons supervised62,08259,608 Adult felons – substance abuse 32,814 (52%)30,157 (51%) Adult misdemeanors - supervised 65,38362,041 Adult misdemeanors – substance abuse 49,553 (76%)45,879 (74%)

2. Current Trends - Probation Probation Violation Data Felons revoked – ½ technical violations 27%26% Misdemeanors revoked – ½ technical violations 15%14% Technical Violations19.2% of DOC23% of DOC 2014 DOC Admissions = 34% Parole/Probation violations

2. Current Trends - Probation Risk Assessment2013 data2014 data Felons low risk27,010 (37%)25,203 (36%) Misdemeanors low risk14,648 (39%)17,131 (42%) Felons no risk assessment 19%21% Misdemeanors no risk assessment 29%24%

2. Current Trends – Community Corrections 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 & population 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 – 60 counties will be smaller Median age will be 39.1 in counties with a median age over – 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