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Will Read and Sing for Food:
Criminal code reform review: Low-level felonies soar, jails feel brunt
Dave Stafford for www.theindianalawyer.com
The number of people serving time in local jails instead of the Department of Correction on low-level felony convictions rose 177 percent in the two years since Indiana’s criminal code reform took effect, and 28 percent more were people convicted of the new Level 6 felony compared to the prior Class D felony.
Those were among the findings presented Wednesday to the General Assembly’s interim Committee on Corrections and Criminal Code by Dave Williams, project manager for court technology for the Indiana Supreme Court.
The code reform in House Enrolled Act 1006 that took effect in July 2015 converted Class D felonies and some Class C felony drug and property crimes into a new Level 6 felony category. Williams said the result has been more people convicted of Level 6 felonies, but fewer serving significant sentences. The average sentence for low-level felonies declined 31 percent in July 2017 compared with June 2014.
“In March 2014, the most common D felony sentence was straight to DOC,†Williams told the committee. “In December 2016 (for convictions of a Level 6 felony), that sentence had fallen to the fifth most common.†Judges instead most commonly sentenced Level 6 felony offenders to community corrections, probation, or to time executed in the county jail.
The committee in its statutory review of the implementation of criminal code reform heard varying views about whether the reforms have been positive, but most agreed that local jails are feeling the brunt of housing offenders who previously would have been sentenced to DOC.
Williams told the committee that jails are reimbursed $35 a day per inmate by the DOC. The DOC receives $55 a day per inmate it houses. But that’s not the only way jails are shorted under the current system. Jails aren’t reimbursed for people held pretrial — an amount Williams said worked out to $43 million last year at the $35 daily rate.
Vanderburgh County Prosecutor Nicholas Hermann said many local jails are bursting at the seams, and more than 30 counties in Indiana are studying or have plans to enlarge their jails. He also noted that as with pretrial detainees, counties receive no funding from the state for offenders who are placed on probation or in community corrections. Nevertheless, these programs still bear costs paid by local taxpayers.
Hermann also linked criminal code reform with a rise in felony charges, noting that after they declined statewide in 2014, they are on pace in 2017 to be the highest this decade. Meanwhile, he said law enforcement in many cases is reluctant to charge misdemeanors, and probation departments are reluctant in some cases to report violations because jails lack space to house them.
As a result, he said consequences for failing drug screens or not following through with treatment are reduced. “In my community, people are not likely to get rearrested for violating until their fifth or sixth violation,†Hermann said. “Our ability to provide that negative incentive has gone away.â€
He said lower penalties for lower-level offenses may have encouraged offenders to “level up†from theft to burglary to robbery, for example. “Crime rates are up, CHINS cases are up, overdose rates are going up,†Hermann said. “We’re not winning,†he said. “And I don’t mean prosecutors, I mean the people of Indiana.â€
But Indiana Public Defender Council Executive Director Larry Landis said it’s too early to draw conclusions about code reform. Having been enacted in July 2015, impact on sentencing and crime would not have been known for many months, or perhaps as long as a year later. He said there was no evidence linking code reform to a rise in crime, calling such assertions “misleading at best.â€
“One thing we know for sure is we have an opioid crisis, we have a heroin crisis. Neither of them were caused by (criminal code reform),†he said. Landis also noted prosecutors in most cases have more say than judges over sentences in plea agreements, which is the way most low-level felony cases are resolved.
Landis said jail crowding was in many cases due to too many people being held pending trial, largely because they can’t afford bail. He encouraged lawmakers to back evidence-based bail reform, and bemoaned that just 11 counties are participating in a pilot project.“Every county should be doing bail reform,†he said, noting similar efforts are gaining steam nationally. “We’re not going to be immune to the bail-reform movement that’s going on.â€
Landis and several lawmakers agreed with the need to better treat offenders with substance abuse and mental health issues. “The issue is, we don’t have an appropriate place for them, so we put them in jail.â€
The committee will meet again on Sept. 19.
Invitation to the University Parkway Corridor Plan Public Workshop
The Vanderburgh County Commissioners, Evansville-Vanderburgh County Area Plan Commission (APC), and Evansville Metropolitan Planning Organization (EMPO) have partnered to create the University Parkway Corridor Management and Land Use Plan. They will host the first in a series of public meetings to engage our community in the creation of the University Parkway Corridor Plan. The meeting will be held on Monday, September 18th, 2017 from 6:00 pm until 7:30 pm at the Griffin Center Great Hall, 8600 University Boulevard, Evansville, Indiana 47712.
There will be an informative presentation at the beginning of the meeting that explains the purpose of this plan and the planning process. Â Participants will then be broken down into small work groups to brainstorm ideas and discuss a vision for the future of the corridor. The project team will facilitate this discussion.
Due to growth anticipated from the planned extension of sanitary sewers and the many tracts of undeveloped land in the area, the goal of the corridor plan is to prepare for the future by coordinating appropriate, planned development with transportation and other infrastructure investments over time. The project area includes over 9 square miles and is bounded by State Road 66 to the north; State Road 62 to the south; Schutte Road, Peerless Road, and Church Road to the east; and the Vanderburgh/Posey County line to the west.
The corridor plan will offer specific land use recommendations on future development, preserving the corridor’s resources, and amending the Zoning Ordinance to ensure that future development meets the vision and intent of the Plan. Since the Parkway serves as a critical thoroughfare in western Vanderburgh County providing access to the University of Southern Indiana, the transportation component of the Plan will focus on protecting the Parkway for the efficient and safe movement of traffic, and identifying any future road improvements needed.
County Commission President Bruce Ungethiem encourages the public to participate in this planning process for the future of the University Parkway corridor. He stated, “We want this plan to reflect our community and for there to be buy-in from all interested parties. The only way for that to happen is if we can get lots of ideas from the public and we all work toward consensus on a vision for the corridor. New development should be properly planned, fit in its surroundings and enhance the area. We have a nice parkway out there, and the County should protect its investment.â€Â He also offered a reminder that “New developments will be around for generations, so we want to do this right.â€
For those who wish to provide input on the plan remotely, the project team encourages community members to comment through the project’s website at www.universityparkwayplan.com.
If you would like more information about this topic, please contact Blaine Oliver, Assistant Director at 812-435-5226 or email atUniversityparkwayplan@gmail.com.
Gov. Holcomb Appoints New State Personnel Department Director
INDIANAPOLIS – Indiana Governor Eric J. Holcomb today announcement that Indiana State Personnel Department (INSPD) Interim-Director Britni Saunders will become INSPD Director effective Sept. 11, 2017. Saunders replaces Brandye Hendrickson, who left the department in July to become deputy administrator with the Federal Highway Administration.
“Britni is an experienced and dedicated public servant who will continue to lead the State Personnel Department well,†Gov. Holcomb said. “We’re excited to welcome her to the team.â€
Britni Saunders joined the State of Indiana at the Indiana Department of Transportation (INDOT) in 2013 as the director of the Local Public Agency Training Program and has since held progressively responsible positions in the area of Talent Management/Human Resources—including the director of talent management at INDOT, deputy director of talent management at INSPD and, most recently, interim director of INSPD.
“Britni’s human relations experience in the public and private sectors connects the delivery of outstanding customer service through a culture of engaged, talented employees,†said Blair Milo, Indiana’s secretary of career connections and talent. “Her leadership will ensure Indiana’s State Personnel Department is at the forefront of guaranteeing Hoosiers receive outstanding government service at the best taxpayer value.â€
Prior to working for the state, Saunders served 10 years with Starbucks Coffee Company in various management roles within high-volume, multi-unit operations. Additionally, she was membership and networking lead and employee engagement counsel to the corporate U.S. vice president for the Women’s Development Network.
Britni Saunders is a Society for Human Resource Management (SHRM) Certified Professional and serves as a committee chairwoman for the Indianapolis-based, non-profit College Mentors for Kids.
Adopt A Pet
Nala is a 1-year-old female American Staffordshire Terrier (“pit bullâ€) mix! She and some friends were pulled from Evansville Animal Care & Control when they were out of kennels. Recently she’s spent her time learning several commands with VHS volunteers, like how to play-bow! Her adoption fee is $100 and includes her spay, microchip, vaccines, and more. Contact Vanderburgh Humane at (812) 426-2563 or visit www.vhslifesaver.org for details!
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Air Quality Forecast
Air quality forecasts for Evansville and Vanderburgh County are provided as a public service. They are best estimates of predicted pollution levels that can be used as a guide so people can modify their activities and reduce their exposure to air quality conditions that may affect their health. The forecasts are routinely made available at least a day in advance, and are posted by 10:30 AM Evansville time on Monday (for Tuesday through Thursday) and Thursday (for Friday through Monday). When atmospheric conditions are uncertain or favor pollution levels above the National Ambient Air Quality Standards, forecasts are made on a daily basis.
Ozone forecasts are available from mid-April through September 30th. Fine particulate (PM2.5) forecasts are available year round.
| Thursday
September 7 |
Friday
September 8 |
Saturday
September 9 |
Sunday
September 10 |
Monday
September 11 |
|
| Fine Particulate (0-23Â CST avg) Air Quality Index |
Good | Good | NA* | NA* | NA* |
| Ozone Air Quality Index |
Good | Good | NA* | NA* | NA* |
| Ozone (peak 8-hr avg) (expected) |
NA* | NA* | NA* | NA* | NA* |
* Not Available and/or Conditions Uncertain.
Air Quality Action Days
Ozone Alerts are issued by the Evansville EPA when maximum ozone readings averaged over a period of eight hours are forecasted to reach 71 parts per billion (ppb), or unhealthy for sensitive groups on the USEPA Air Quality Index scale.
Particulate Alerts are issued by the Evansville EPA when PM2.5 readings averaged over the period of midnight to midnight are forecasted to reach 35 micrograms per meter cubed (µg/m3).
Current conditions of OZONE and FINE PARTICULATE MATTER are available in near real-time on the Indiana Department of Environment Management’s website.
National and regional maps of current conditions are available through USEPA AIRNow.
HOT JOBS IN EVANSVILLE
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USI trustees approve beginning of Phase II of PAC renovation
At its regular meeting on September 7, the University of Southern Indiana Board of Trustees resolved to proceed with Phase II of the Physical Activity Center (PAC) classroom expansion and renovation project.
Phase II of the project will include renovation of the current PAC facility, including collaborative group learning spaces, instructional space for high-demand academic programs and new and renovated spaces for faculty and staff. It will also include the addition of a competitive-level swimming pool and diving well to the north side of the Recreation, Fitness, and Wellness Center.
In other business, the Board of Trustees approved housing and meal plan rates for 2018-2019 and heard an update on current campus construction projects, including Phase I of the PAC.
Cherry Street Carnegie Library by Pat Sides
In early 1910, the West Side Business Association requested that the school board build two Carnegie libraries, one “somewhere in the West End†and one in another part of the city. Although the proposal that the libraries become branches of Willard Library was not adopted, Evansville’s first two Carnegie libraries opened on West Franklin Street and in Bayard Park two years later. The building pictured here was the city’s third library funded by philanthropist Andrew Carnegie. Built at a cost of $8,350, it was located at 515 Cherry Street to serve the African American community. The library opened in late 1914 and operated until 1955, when the Buffalo Trace Council of Boy Scouts purchased the building, which was razed around 1970.
Sights Set on Breeders’ Cup
Now that September has arrived, summer racing is in the rearview mirror and the final round of Breeders’ Cup prep races is in sight! This weekend features a stakes-laden card at Kentucky Downs, plus a look ahead to the Breeders’ Cup at Del Mar with an eye on potential competitors. Find it all in the latest The Countdown Presented by Longines.
Impressive juvenile Bolt d’Oro has posted Equibase Speed Figures of 94 and then 101 in his two wins. (Eclipse Sportswire)
The path to the 2017 Breeders’ Cup World Championships at Del Mar on Nov. 3-4 is a road with plenty of ups and downs as talented racehorses vie for a spot in one of 13 championship races.
This blog provides a capsule look at three horses who are heating up on the Road to the Breeders’ Cup World Championships and three horses whose Breeders’ Cup chances are not quite as strong as they were a week ago.
HEATING UP
Eclipse Sportswire
1. Bolt d’Oro
This bay Medaglia d’Oro colt looked like he could have done another lap after winning the Grade 1 Del Mar Futurity at seven-eighths of a mile on Sept. 4, and my guess is that he’ll be even better as the distances get longer. His middle move to rally into contention into a torrid half-mile in :44.54 (he improved to only two lengths back) was eye-catching and he still was able to finish his final furlong in about 12 4/5 seconds. He’s now 2-for-2 at Del Mar, host of the Sentient Jet Breeders’ Cup Juvenile, with a 94 Equibase Speed Figure for a 2 ¼-length debut win in August and a 101 for the Del Mar Futurity. His dam (mother) Globe Trot, by A.P. Indy, won three times at a mile, so the 1 1/16 miles should be right in his wheelhouse. A fast-, well-bred 2-year-old who loves the Breeders’ Cup host track … count me in!
Eclipse Sportswire
2. Gun Runner
Originally, I hadn’t planned to include Gun Runner. Why? Because we already knew he was arguably the best older male in training. But Gun Runner just seems to keep getting better. He looked like poetry in motion in his 10 ¼-length runaway victory in the Grade 1 Woodward Stakes Presented by NYRA Bets on Sept. 2, using his high cruising speed to rate just off a testing half-mile in :46.56 before dusting his overmatched competition. With three straight Grade 1 wins since returning from Dubai, he’s moved to the head of the class for the Breeders’ Cup Classic – although a compelling case could be made for Arrogate, who has beaten Gun Runner twice in their head-to-head matchups, or TVG Pacific Classic Stakes winner Collected, who would be my pick if the race was held today. Gun Runner improved from a 122 Equibase Speed Figure for his Stephen Foster Handicap win to a 127 for his Whitney Stakes romp to an eye-popping 131 for the Woodward. That 131 figure is the best we’ve seen on North American soil this year. Gun Runner’s natural speed should be a huge asset at Del Mar, where he probably will be tucked in just behind the pacesetter(s) in the Classic, and he should be in position to get the jump on familiar rival Arrogate.
Bill Denver/EQUI-PHOTO
He’s been an elite turf sprinter since 2015 and a victory in the Grade 3 Turf Monster Stakes on Sept. 4 at Parx Racing signaled a return to top form. He rallied from off the pace to beat a solid field as the 7-5 favorite and completed the five-eighths of a mile race in :57.13 for a new career-best 117 Equibase Speed Figure. I thought he was at a bit of a disadvantage last year when the Breeders’ Cup Turf Sprint was held of the 6 ½-furlong downhill turf course at Santa Anita, but he ran very well to finish third by a length. I think five furlongs is his best distance, though, as he’s won four of six starts at that distance on the grass, including his best speed figure in the Turf Monster. He rebounded from a dull effort at Saratoga in August and looks razor-sharp now for trainer Christophe Clement. He also had no trouble shipping west to Southern California last year. I love his chances in the Turf Sprint.
Cambodia (Eclipse Sportswire)
Honorable Mention: Heart to Heart was tough to leave off this list. He is not nominated to the Breeders’ Cup, but it sounds like the plan is to pay the horses of racing age nomination fee for him to run. Trainer Brian Lynch said he thinks his dedicated front-runner would love the firm turf and tight turns of the course at Del Mar. He was impressive in winning the Grade 2 Bernard Baruch Stakes on Sept. 4 and has a pair of graded stakes wins and two Grade 1 placings in his last four starts. … I really liked Moonshine Memories‘ front-running win in the Grade 1 Del Mar Debutante on Sept. 2. Like Bolt d’Oro, she’s 2-for-2 at Del Mar with a pedigree (dam won at a mile and is half-sister to 1997 Horse of the Year Favorite Trick) that suggests 1 1/16 miles is well within range. … Cambodia has won back-to-back Grade 2 races at Del Mar and looked like a legitimate player for the Filly and Mare Turf in her John C. Mabee Stakes win on Sept. 2. Tough to place her given we don’t know the quality of the Europeans coming stateside, but she loves the Del Mar turf and is as good as she’s ever been. … I didn’t come away especially impressed with either Grade 1 Hopeful Stakes winner Sporting Chance or Grade 1 Spinaway Stakes winner Lady Ivanka, but they are on target for the Juvenile and 14 Hands Winery Juvenile Fillies, respectively. … Not sure what to make of Vertical Oak’s 5 ¼-length romp in the Grade 2 Prioress Stakes on a sloppy track at Saratoga on Sept. 3. I want to see another big race before I buy any stock for the Breeders’ Cup Filly and Mare Sprint.
COOLING DOWN
Eclipse Sportswire
1. Pure Silver
She was the big disappointment of the weekend for me. Pure Silver wasn’t the favorite for the Grade 1 Spinaway Stakes on Sept. 2, but she was riding a three-race winning streak, entered off a 9 ½-length romp in the Grade 2 Adirondack Stakes, and faced only four opponents. She only beat one horse to the finish line – a 56.75-1 outsider – after getting caught in an early speed duel and finished 6 ½ lengths behind winner Lady Ivanka. Entering the race, I thought she was one of the top-three contenders for the 14 Hands Winery Breeders’ Cup Juvenile Fillies, but she’ll need to rebound in a big way for trainer Todd Pletcher in her next start if there remain Breeders’ Cup aspirations.
Eclipse Sportswire
2. Run Away
I’ll hand it to Run Away, he didn’t pack it in when passed in the Grade 1 Del Mar Futurity stretch and battled on for third, but I can’t help but look at the declining speed figures (91-97-101) as the races have gotten longer and wonder if this is a sprinter. I had concerns about his ability to excel at longer distances and it looks like the 1 1/16-mile Sentient Jet Breeders’ Cup Juvenile might be too long for him. Run Away was very impressive in winning the Grade 2 Best Pal Stakes and I’ll bet he gets another shot in the Grade 1 FrontRunner Stakes. Perhaps a less testing pace around two turns will be a big benefit, but I’ll be looking elsewhere to fill out my top three.
Coady Photography
I’d been keeping my eye on Battalion Runner as a possible Las Vegas Dirt Mile contender since he held on for second in the Wood Memorial Stakes in the spring. He’s blessed with terrific natural speed and he can carry it around two turns but not much farther. I thought his third-place finish behind the very talented Practical Joke in the Grade 3 Dwyer Stakes in July was sneaky good – it came off a three-month layoff and was his fourth straight Equibase Speed Figure between 104 and 108 – but he just kind of came up empty as the 1.30-1 favorite in the Grade 3 Smarty Jones Stakes on Sept. 4. He stalked the pace from second and then faded in the stretch to finish fifth of six, beaten by 10 lengths. It was an uncharacteristic performance from a colt who has always been plenty game. It’s one of those regular reminders that horses aren’t machines. Let’s hope it was just a bad day and he rebounds in his next start.