Indiana Coalition Opposes Senate Bills 6-10
Indiana Coalition Opposes Senate Bills 6-10
January 25, 2022
Dear Members of the Indiana General Assembly:
We, the undersigned public safety, community justice, civil and human rights stakeholders serving Indiana constituents, write in opposition to the current drafts of Senate Bills 6-10. We appreciate the Senate’s efforts to ensure that rising rates of homicides in Marion County are treated as an urgent public safety issue. Violence is a complex problem and there has long been more harm in communities that are also the most policed and incarcerated.
However, this legislative package that is meant to address increased homicides in Marion County will impact the entire state. It is likely that SB6, SB8, and SB9 will increase the number of unconvicted, presumed innocent people held in Indiana’s overcrowded and dangerous jails. In Spring 2021, jail incarceration rates in rural Indiana were 1.7 times higher than in Indianapolis and surrounding Marion County. The answer is not to govern the entire state based on an uptick in violence in Marion County.
As Indiana grapples with economic and social challenges exacerbated by the pandemic, including an increase in gun violence and homicides largely in Indianapolis, it is important to consider how the criminal justice system has failed. Indiana requires new and immediate solutions. However, Senate Bills 6-10 do not present the solutions that vulnerable people need. While some provisions represent meaningful reform, others leave the root problems unaddressed or would increase harm.
In expressing concern about this package of legislation, we are specifically opposed to the following provisions:
Replacing a judge’s individual consideration of each case with a one-size-fits-all bail schedule for people charged with multiple violent offenses. While SB6 stipulates that a person charged with a violent offense must have bail set individually by the court following a hearing, it also mandates the use of a bail schedule for anyone with a prior conviction for a violent crime, and deletes the provision that bail may not be set higher than that amount reasonably required to assure the defendant's appearance in court or to assure the physical safety of another person or the community. Replacing a careful individual review of each case with a pre-determined bail amount is at odds with the Indiana Constitution and won’t enhance public safety.
Forcing courts to revoke the pretrial release of anyone charged with a new felony offense. SB6 mandates that the courts revoke bail or pretrial release for anyone arrested on, or charged with, a new felony. Drug possession and possession of a syringe were the two most frequently filed felony offenses in 2019; this provision will likely increase the criminalization of addiction and poverty rather than giving judges the discretion to refer people to supportive services or resources.
Limiting the work of charitable bail funds, while leaving the for-profit bail industry untouched. The provisions in SB8 prohibiting charitable bail funds from posting bail for people charged with felonies or bails set in excess of $2,000 will only ensure that poor people remain behind bars while those with means can either pay a bail bondsman or the courts for their release. Charitable bail funds offer other resources for people released pretrial that help ensure court appearance and prevent future justice system involvement. This includes court reminders, travel assistance, and referrals to social services to address underlying needs.
Mandating that a warrant be issued after the monitoring device of a tracked individual suffers unexplained or undocumented loss of communication. Given the high failure rates of many electronic monitoring technologies, the provision in SB9 to automatically issue warrants may inadvertently waste police resources and penalize monitored individuals because of technological shortcomings. Including reference to a backup verification method is an important step toward addressing potential unintended consequences, but the use of warrants should be more narrowly tailored to cases in which there is probable cause to believe someone is intentionally evading justice, violating conditions of pretrial release, or poses a risk of harm to another person. Further, unannounced visits by law enforcement often prevent people from maintaining employment and disrupts their family life.
Increasing policing in Indianapolis neighborhoods, but not directing resources to community-based organizations that focus on community violence intervention and address underlying needs. SB10 would invest $500,000 annually in increased police presence in Indianapolis neighborhoods with high rates of violence, but none of this money is earmarked for community-based organizations. A critical piece of the response to increased shootings and homicides is investing in community supports and violence interruption programs that have been proven to work, but are not adequately resourced. Simply increasing law enforcement presence without addressing how police interact with communities can be counterproductive.
Together, Senate Bills 6-10 will result in more pretrial detention for poor, unconvicted Hoosiers without tackling the underlying causes of violence, such as lack of safe and stable housing, educational resources, workforce development, and food security. Additionally, these bills will further destabilize communities in crisis as research has shown that just two days in jail can result in loss of employment, housing, and custody of one’s children. Spending time behind bars while unconvicted also makes people more likely to be arrested in the future and is certainly a grave injustice to the innocent.
True community safety requires evidence based, community-curated responses to violence and harm. Senate Bills 6-10 fail to advance this principle. Therefore, the undersigned respectfully request that you “Vote No” on these bills.
Sincerely,
ACLU of Indiana
Albion Fellows Bacon Center
Black Lives Matter NWI - Gary
Central District United Methodist Women
Christ Church Cathedral
Concerned Clergy of Indianapolis
Constructing Our Futures
Focus Initiatives LTD
IDOC Watch Indianapolis
Indiana Abolitionist Social Workers
Indiana Coalition Against Domestic Violence, Inc.
Indiana Justice Project
Indiana Public Defender Council
LOTO: Life On The Outside
Marion County Reentry Coalition (MCRC)
Marion County Youth Violence Prevention Coalition
MCCOY (Marion County Commission on Youth, Inc.)
The Bail Project
United Northwest Community Development Corporation
Vera Institute of Justice
We LIVE, INC