By Darrell Smith
The News-Examiner
CONNERSVILLE, Ind. — Legislation supported by the Indiana Sheriff’s Association that would make changes in the state’s criminal code may not be as popular with local sheriffs.
House Bill 1006, co-authored by Rep. Jud McMillin, R-Brookville, would reduce penalties for non-violent crimes so those people could receive rehabilitation away from prison. It increases penalties for more severe crimes.
If it becomes law, people convicted of more violent crimes would not receive as much credit for time they are serving. Now, most prisoners receive two days credit in jail for every day served.
Fayette County Sheriff Billy Wayson said the legislation would increase local jail population. He opposed similar legislation in 2012 and has not changed his mind, even with changes made in this year’s bill.
The Fayette County Jail has 114 beds, with 105 beds occupied Wednesday, he said. On weekends, the jail is sometimes over capacity. In warm weather, the population normally is higher, too.
Franklin County Sheriff Ken Murphy said changes in the proposed law likely would put his jail into an overcrowded situation. That would increase the cost of feeding and housing inmates.
Thursday, the Franklin County Security Center had 66 inmates with beds for 75, he said. It costs $54 a day to maintain an inmate.
“I understand the concern that we don’t want to make two separate possessions of a marijuana joint a felony which would have put them in prison, but the change would make a problem on our end,” he said.
“It’s going to make us handle more prisoners locally rather than the prisons handling them,” Wayson said. “At this point, I’m not sure what we do about it other than voice our displeasure and I think some of the sheriffs are.”
Wayson said there may be sheriffs with the bigger county jails wanting to fill beds since the Indiana Department of Correction moved many prisoners back to state facilities.
In March, the sheriffs will gather for an annual conference and the bill will probably be a topic for discussion, he said.
“I haven’t talked to any sheriffs who want those with B felonies in their jails,” he said. “I’m not sure why they would want them because they have to feed them.”
Murphy said 22 percent of the state prison population have mental health issues that should be treated in mental hospitals, but the state closed many of those in the late 1980s and early 1990s. The number is similar in Franklin County jail.
“If we reduce these penalities and put them back in our jails, now not only am I dealing with the mental health issues creat ed by the state, I will be dealing with overcrowding t hat will be created by the state,” he said. “They won’t be sending any money our way to add onto the jail or operate the jail.”
Connersville Police Chief David Counceller said a lot of people who use drugs are not dealing them. They have problems that need to be addressed, which would be the goal of the legislation.
Sending those people to the state prison system with violent criminals hardens them, he said. The bill tries to get help for these people.
“When people get hooked on drugs, you’ll steal from loved ones and break in places,” he said. “They have low self confidence and self esteem. We’re putting a lot of people in prison who really don’t belong there, they belong in some type of treatment.”
Andrew Berger, representing the Association of Indiana Counties, would not call the bill an “unfunded mandate” yet. The bill includes some items that would save counties money but not nearly enough to offset additional costs to the counties.
Under the bill, any sentence of up to two years could be suspended, placing the person in county probation and community corrections departments, he said.
“I tell the legislators that if there is no money with the bill for the locals to do the programs, you’re just going to put more people into worse local programs which I don’t think is the objective,” he said.
Probation officers and community correction officers would have more clients, he said.
Most counties cannot afford the added costs associated with the programs or housing additional inmates in local jails, he said. Counties do have the option of implementing a Local Option Income Tax for public safety but they do not have the option of raising property taxes since those are capped.
The bill has been passed out of the courts and criminal code committee, chaired by McMillin, and sent to the House Ways and Means Committee for consideration.
If HB 1006 becomes law, it would take effect in July 2014.
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