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Governor, prosecutors disagree over sentencing reform bill

March 24, 2011|By Dustin Grove (grove@wsbt.com), Click here to follow Dustin on Twitter | By Dustin Grove (grove@wsbt.com), Click here to follow Dustin on Twitter

South Bend — Gov. Mitch Daniels says he'll veto a bill that would make sweeping changes to Indiana's criminal sentencing system unless lawmakers restore provisions he had championed.

The Indianapolis Star reports that on Tuesday Daniels said the bill has been overhauled by lawmakers to the point that state prison officials now say it would require Indiana to build three new prisons in the next two decades. Daniels says that's unacceptable.

Late last year, the state said the prison population was skyrocketing.

The original bill endorsed by Daniels and drafted by a state panel sought to lessen prison time for nonviolent drug offenders and save money by avoiding the need to build more prisons.

But after county prosecutors assailed it as soft on crime, senators gutted the bill and even lengthened sentences for some offenders.

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Daniels said he agrees violent offenders should be locked up. But said, when it comes to non violent offenders, there is a smarter way to handle them.

“We’ve got a lot of people who could be incarcerated closer to home at less expense,” he said. “A lot of them go in and out of our prison system at high cost to our taxpayers and they’re only there for a  few months. As my guys say, they're here long enough to take their fingerprints, their DNA, and introduce them to some real criminals. And it's just not as smart as it could be.”

Thursday, St. Joseph County Prosecutor Mike Dvorak defended the changes to the bill. He said sentencing laws do need to be reformed.  But they need to be reformed to keep violent offenders locked up even longer. He mentioned child molesters who, on average, are sentenced to prison for 41 years, but only end up serving seven and a half years in Indiana.

And Dvorak said the Indiana Prosecuting Attorneys Council believes the prison population isn’t actually growing as fast as the state claims it is - because he said the state counted the number of people being sent to the federal prison in Terre Haute, which is funded by taxpayers across the country, not just in Indiana.

"What we need to do is rather than just accept bold political assertions, let’s look at the numbers behind them to see if there’s any credibility to them,” said Dvorak.

But Daniels defended the numbers during an interview with NewsRadio 960 WSBT.

“A very large committee led by democrats as well as republicans with the best scholars in the country did the work. We’ve been over the work and we don’t find any flaw in it,” Daniels said.

Indiana Dept. of Correction spokesperson Doug Garrison also said they stand by the numbers.

The Associated Press contributed to this report.

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