Prosecutor: Lower sentences, more crime

LAFAYETTE, Ind. (WLFI) - The Tippecanoe County Prosecutor is speaking out about proposed legislation that would reduce sentence times for drug offenders.

Prosecutor Pat Harrington said in its current draft, the Senate Bill would encourage drug activity, and make counties in central Indiana much more dangerous.

But one Lafayette attorney said the changes are necessary: "The reality of it is, if we don't do something to deal with these low-level offenders who aren't necessarily a threat to the communities that they live in, we're not going to be able to deal with the ones that are," said attorney Matthew Sandy.

Sandy's perspective on proposed legislation in a State Senate committee mirrors the ideas of our governor, in his State of the State address.

"We can be tougher on the worst offenders, and protect Hoosiers more securely, while saving a billion dollars the next few years," Daniels said last month.

The new bill may be the General Assembly's response to Daniels' request. The Senate Bill would encourage county judges to rely more on community corrections, probation and rehabilitation, versus prison time.

It's a potential change that Tippecanoe County Prosecutor Pat Harrington said would be ineffective and dangerous.

"They are going to increase their efforts to make even more money," Harrington said. "Because there's less punishment for it."

"They" are local drug dealers. Harrington said the legislation would decriminalize dealing of cocaine, heroin and methamphetamine.

He said what would now receive a sentence of 20 to 50 years could later be limited by law to a maximum of eight years. He said you could compare it to a hypothetical problem keeping up with speeders.

"Let's just raise the speed limit. Say, if you speed 30 miles an hour over, don't worry about it. You can get probation. You can pay a dollar," Harrington said.

But Sandy said current state law is landing the wrong people behind bars.

"If a group of friends all want to go in together and one knows somebody from back home, and he goes home and gets them for a party that's going to happen, he's a dealer," he said.

Sandy said going to prison can do more harm than good, when it comes to users who just got in over their heads.

Harrington has plans to testify before the Senate Judiciary Committee on Tuesday. He said he will recommend the Senate table the bill, and perform a comprehensive review of all state law to see where the safest places to save money would be.