WHY THE INDIANA CODE REGARDING MODIFICATION OF A PRISONER'S SENTENCE (35-38-1-17) NEEDS TO BE AMENDED

Is the State of Indiana handing out death sentences by requiring prisoners to serve 75% or 85% of their sentence? Why are there no mechanisms in place to reduce a prisoner's sentence once said prisoner has been rehabilitated? Where is the line drawn between rehabilitation and over-incarceration? Is the State of Indiana incarcerating its own citizens to make a profit, rather than reforming prisoners? Indiana lawmakers ignore the above questions when creating and enacting laws. Indiana laws are specifically designed to oppress people of color.

For instance, for decades or more the federal government were discriminating against people of color when it came to different types of drugs. They knew that people of color normally sold crack cocaine and that our caucasian counterparts usually used or sold powder cocaine, so laws for crack cocaine were much harsher than laws for powder cocaine until President Obama took office and corrected this clear miscarriage of justice.

Likewise, the state of Indiana is dealing with a similar injustice and crisis. But instead of “crack cocaine” versus “powder cocaine”, rather it’s “violent offenders” versus “non-violent offenders”. The term “violent offenders” is used by lawmakers, prosecutors, and judges to instill fear in the hearts of the public. Moreover, it is used to justify the injustice and racial discrimination that plagues the black community. The term “violent offender” is no different than the term "superpredator" that Hillary Clinton used to describe black people.

This term should not be used.

Also relevant to this article, the readers need to know that the state of Indiana is giving out death sentences. A prisoner in the state of Indiana must serve 75% of their sentence, meaning that, if a person catches a case at the age of 35 years old and the judge sentences them to 55 years, they will most likely die in prison unless they live to be 76 years old. To be honest with the readers, there are only two ways out of prison: (1) you serve your sentence; or (2) you die in prison.

Most states give prisoners a second chance; wherein, (a) if the prisoner has served a certain amount of time on their sentence; (b) remained conduct clear for a substantial period of time; (c) completed numerous educational, vocational, and rehabiliative programs, and (d) maintained meaningful employment while in prison, etc., then they would qualify for early release. However, this is not the case in the state of Indiana. A prisoner's sentence is not over until they either serve their time or die trying. For example, there is no parole board. The parole board was done away with back in the 70's. Furthermore, and as it relates to the clemency board, the clemency board is a joke because even if you, by the grace of God, get the panel to grant you clemency, the final decision is up to the governor. Governor Eric Holcomb made it clear during the coronavirus pandemic that he does not believe in releasing prisoners. So, in other words, he would rather a prisoner die in prison, than give them a second chance.

Lastly, the state of Indiana's sentence modification statute is a joke as well, because in order for a prisoner to get a sentence reduction, they must first get the approval from the prosecutor attorney. This law was designed by lawmakers to not be of any help to prisoners and give to the prosecutor a tool to racially discriminate against prisoners based upon their race and/or offense. For instance, a prosecutor could grant all white prisoners’ requests for modification and deny all black prisoners’ requests for modification. Or, a prosecutor could grant all drug, murder, and rape cases and deny all sex offenders’ cases. We really don't know what criteria they use to say yes or no to a modification of a prisoner's sentence.

Besides that, there are other road blocks set in place to prevent prisoners from receiving a modification of their sentence. For instance, the 365 time limitation. A prisoner must file the modification of their sentence 365 days after their sentence in order for the judge to have jurisdiction over their case. Once that 365 days time limitation has expired, the prisoner must get consent from the prosecuting attorney before they can file a second request for a sentence modification. Let me explain to you what is wrong with this. First, a modification is a prisoner accepting responsibility for their action and asking the court for mercy. So, if you are innocent of a crime, they want you to admit guilt for a crime you are innocent of. Moreover, a prisoner must have served some time, completed some programs, remained conduct clear for a substantial amount of time. With that being said, how can you do that within a year? What can a prisoner accomplish within a year to convince a judge to reduce their sentence? This was designed for prisoners to be unable to get. Last, prosecutors also have political ambitions which prevent them from being impartial and unbiased. Some want to be judges, attorneys general, U.S. attorneys, etc., and don't want to seem like they’re soft.

We need a system that is impartial and fair towards every prisoner. Black, white, and brown. No matter what the offense is, but as long as the prisoner has worked towards being reformed and becoming a productive citizen in society. There are two proposals I am suggesting: first, to create a guideline for the courts to follow in deciding modifications; and second, a board made up of the community, such as pastors, activists, counselors who study in this area, etc. As it stands now, the state of Indiana are just oppressing prisoners for a profit. They get kick back on the cheap food they feed prisoners, the cheap healthcare, the GTL tablets prisoners use, the expensive commissary, the high-cost phone calls, the jobs prisoners work, wherein half of their pay is taken for room and board, etc. The state of Indiana is making billions, why change now? So, prison is no longer, nor has it ever been, about prison reform, but a big business and kick back for the State to oppress prisoners. Join our fight for change. WE FIGHT FOR TODAY, TO HAVE HOPE FOR TOMORROW.