Criminal justice system reform has been high on states’ priority lists. Many states, including Indiana, are making progress, but experts say more needs to be done.
The Charles Koch Institute recently held a forum called “Indiana’s Justice Agenda: Second Chances in the Hoosier State” to address some of Indiana’s remaining criminal justice issues. The forum offered real, tangible solutions to further effective reformations.
“It’s a major issue across the country and is one of the biggest stories in America right now, but some states are emerging as real leaders,” said Vikrant Reddy, senior research fellow at the Charles Koch Institute, and forum moderator. “In some ways, Indiana is in that position. Indiana began to get serious about these problems a few years ago.”
According to Indiana Gov. Mike Pence, who gave a keynote speech at the event, to really confront the challenges Hoosiers face in criminal justice, the state needs an all-of-the-above approach to end the cycle of recidivism. According to the institute, more than one-third of prisoners return to incarceration within three years of being released.
Lauren Galik, director of criminal justice reform at the Reason Foundation, an organization that champions Libertarian principles, and a panelist at the Indiana forum, said in addition to a high recidivism rate, Indiana sentences too many nonviolent offenders to prison for too long.
“Despite reforming some low-level drug possession sentences in 2014, Indiana’s prison population is projected to increase over the next 10 years,” Galik said.
The Charles Koch Institute reports Indiana’s current prison population is 28,455, enough people to fill Bankers Life Fieldhouse more than 1 1/2 times.
Reddy also said incarceration is oftentimes viewed as a first response to problems.
“There’s a saying, ‘Prisons are for people we’re scared of, not for people we’re mad at,’” he said. “There’s a role for prisons, and there are people who need to be held accountable, but prison isn’t always the best thing for them.”
He added that prison systems aren’t thinking outside the box when it comes to helping offenders. He cites improving probation, parole systems and drug courts; increasing the availability of drug and mental health treatments; or adding vocational or educational training within prisons, as ways systems can use what they already have available to them, instead of reinventing the wheel.
The “school to prison pipeline” theory suggests local governments aren’t serious about improving the systems. Reddy said he understands why the public may believe prisons are being built now so they are ready and waiting for individuals who are currently children. Yet he maintains 84 percent of all inmates are in public facilities, not private. Public entities aren’t building new facilities and are outsourcing the “work” to private companies who are breaking ground on new prisons.
He also said public labor unions can impact incarceration issues. He cited California’s three-strikes rule imposing harsher sentences on repeat offenders, which was fueled by powerful public-sector prison guard unions lobbying for that legislation.
Reddy said Indiana has made advancements over the years, but more reforms would be a welcome improvement for prisoners, their families and the state’s residents. According to the institute, between 2000 and 2010, Indiana’s prison population increased by 47 percent and one in nine of Indiana’s children have a parent behind bars.
Also, $679 million is spent annually on corrections in Indiana.
“Change is the responsibility of legislators, governors, the judiciary system and local police officers,” said Reddy. “But fundamentally the responsibility lies with the people. People think ‘the best way to keep us safe is to lock them up.’ But eventually, many will come out.”
Reddy said the forum highlighted Indiana’s problems, but gave tangible solutions too.
Galik suggests Indiana should re-examine sentencing laws, specifically those for nonviolent offenses, and see if there’s an opportunity to further reduce the amount of time some offenders must serve in prison.
“Requiring all offenders to serve 75 percent of their sentences, regardless of whether or not they committed a nonviolent or violent offense, is the type of one-size-fits-all punishment that has resulted in swollen prison populations and has proven to not be in the best interest of public safety,” said Galik. “Other states — including tough-on-crime states like Texas — have proven it’s possible to drastically reduce prison populations and crime simultaneously by reforming nonviolent sentencing laws.”
Reddy agreed and said offenders often come out of prison worse off than when they went in. They were surrounded by serious, hardened offenders and picked up bad habits behind bars. A long sentence hanging over their heads when they are released makes it tough for them to get good-paying jobs. Many turn to a life of crime to quickly make ends meet.
Galik said Indiana should consider removing some barriers to re-entry for offenders who are returning into society, such as removing the ban on certain occupational licenses for individuals with felony records. Reddy agreed and said there shouldn’t be so much red tape for ex-offenders who want jobs being florists, cosmetologists or locksmiths for example.
Furthermore, he cited a White House report that said less than one-fourth of jobs that require a license are found in every American state, meaning the necessity of most licenses should be questioned.
Galik also said Indiana could enact “ban-the-box” legislation for public employment positions, eliminating the need to disclose a felony conviction on a job application. This would allow individuals who have served their time to have a better chance at gaining meaningful employment after re-entering society.
“People think instinctively, ‘Are you suggesting throwing money at the problem?’ No, that doesn’t mean that’s what you have to do. There are all kinds of policy tweaks that don’t cost money that can really help people,” Reddy said.
He added that employers believe if they hire an ex-offender, they must increase their insurance policies. Reddy said damage caps can be instituted so the lawsuit liability is limited, lowering insurance premiums.
Indiana’s rising heroin problem was also part of the forum discussion, as panelists discussed the need for treatment, rather than incarceration, to be viewed as a first response for drug offenders.
Another topic on the table: Indiana should ensure that offenders have access to skill-building and educational programming while they’re incarcerated in order to reduce their chances of recidivism upon release.
“Most offenders sentenced to prison will eventually be released, so it makes sense to equip them with the skills that can help them effectively return to society, as well as remove barriers to re-entry upon release in order to reduce the chances that they will return,” said Galik.
Other panelists, including Deborah Daniels, former state and federal prosecutor; Colette Tvedt, director of indigent defense training and reform for the National Association of Criminal Defense Lawyers; and Troy Riggs, director of public safety outreach for the Indiana University Policy Institute at IUPUI, also shared their insights on the current prison system.
