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The Indiana Senate has before it an important opportunity to advance meaningful and common-sense sentencing reform that already passed in the Indiana House on a bipartisan vote. And for good reason. House Bill 1202 is precisely the kind of reform all Hoosiers across the political spectrum should embrace to ensure proportional punishment in our state’s justice system.
At this time, more than 1,400 people are in prison for sentences that Indiana lawmakers decided eight years ago were too harsh. In 2014, the General Assembly reduced the sentencing range judges can impose for a set of nonviolent offenses, including distribution of certain controlled substances and theft.
Unfortunately, it failed to make these sentencing changes retroactive. We have heard from partners across the state about individuals sentenced for minor drug offenses before the reforms took effect in 2014 who would likely be home with their family today if they had an opportunity to have their case heard by the parole board.
With nearly seven years of experience with the 2014 law, it is time to finish the job. HB 1202 would allow eligible individuals to access their first parole hearing at 15 years of incarceration rather than 25 years if they have served 75% of their sentence. Individuals can earn earlier access to parole by completing certain educational programs.
At an approximate annual cost of $22,000 per incarcerated person, Indiana is spending nearly $32 million each year to incarcerate these 1,451 people, who would receive vastly shorter sentences if convicted today. Beyond the profound illogic and injustice to those affected, this inconsistent application of the state’s sentencing laws has come at a high cost to Indiana taxpayers and communities.
As many states—both red and blue—are learning, disproportionate and excessive sentencing laws are not good policy. They untether America’s legal system from the anchor of fair and proportional punishment in each individual case and cost taxpayers and communities dearly in countless tangible and intangible ways.
In today’s political climate, there are few issues on which there is broad support across the ideological and political spectrum. Common-sense reform of the criminal justice system is one of those areas, based on an American belief that anyone can achieve redemption.
Stories of individuals like Mairus show us how important it is we view people in our justice system as individuals and balance those redemption stories with the need for accountability. Mairus was sentenced in 2005 to 30 years in our state prisons for being a passenger in a friend’s car who had cocaine in the back seat. While in prison, he became a mentor, helping others through their classes. He was released by the parole board after seven years and now lives a successful life working as a barber and helping others at his local community center.
There are so many others like Mairus in our prison system. It is time these individuals get a chance to demonstrate they are ready to reenter our communities.
Our state values justice, second chances and redemption. HB 1202 will do precisely that by ensuring more families are restored and more individuals can escape the shadow cast by the worst day of their lives.•
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Retired Lt. Jay Hall is a 24-year law enforcement veteran and former Indiana parole officer. He is a speaker for the Law Enforcement Action Partnership. Michael Chartier is the state director for Americans for Prosperity—Indiana.
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