The Effects of the 2014 Criminal Code Reform on Drug Convictions in Indiana

By Christine Reynolds, et al.

On July 1, 2014, changes proposed to Indiana’s Criminal Code were officially implemented, affecting the criminal justice system. The Indiana Criminal Justice Institute (ICJI) is statutorily obligated to monitor and evaluate the impact of the criminal code reform, reporting results to state legislators on an annual basis. Findings from the Evaluation of Indiana’s Criminal Code Reform reports1 suggest that local criminal justice professionals are concerned with the lessened severity of sentences associated with drug crimes. They suggest that this reduction in severity may have increased recidivism, perpetuating the revolving door of the justice system, and is negatively impacting an offender’s ability to recover from substance use disorder—a commonly identified association with a drug offense. In an effort to operationalize changes in severity of sentencing, this report compares drug conviction data from nine Indiana counties from a period in time before the reform to a like period after the changes set in. Results indicate that dealing and possession convictions increased, where dealing of marijuana and possession of methamphetamine had the starkest increases. Findings also displayed that felons and misdemeanants alike are being convicted differently than offenders under the legacy code. There was a 50% decrease in both dealing and possession offenses’ advisory sentence. In addition, while jail is the most common sentence placement across both time periods, alternative sentencing is utilized far more often than pre-reform, indicating that penalties for drug crimes have generally decreased. This work adds to literature concerning the effects of the criminal code reform in Indiana, and may lay the groundwork for further analysis, such as the reform’s impacts on recidivism and offender rehabilitation.

Indianapolis: Indiana Criminal Justice Institute, 2020. 26p.