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Request a Demo‘Our system was literally broken’: How Indiana lawmakers hope to fix overcrowded jails and mental health treatment
The Gist
State Rep. Greg Steuerwald, R-Avon, has garnered bipartisan, widespread support for a bill that aims to ensure Hoosiers receive mental health treatment in medical settings instead of inside their local county jails.
What’s Happening
The majority of Indiana’s jails have been overcrowded for years because they have become the de facto mental health facilities in most counties.
When law enforcement officers encounter someone experiencing a mental health crisis, they typically have two options: bring them to the emergency room or take them to jail.
In addition, sheriffs are seeing a big spike of people being held because they were arrested on non-violent, low-level crimes that were driven by their addiction or other mental health issues. Drunken driving, possession of a drug or syringe and drug dealing are common examples.
Taken together, jail overcrowding can lead to poor health outcomes for incarcerated Hoosiers, but especially so for ones who have a mental illness. It’s also costly for county budgets because of how expensive it is to keep someone locked up and to pay for their health care. That’s money that could otherwise support other local government services, such as roads or parks.
“Our system was literally broken,” said Steve Luce, a former sheriff who is now executive director of the Indiana Sheriffs' Association. “The jail is not set up to take care of these individuals. It’s for pretrial individuals. Our facilities cannot handle these types of individuals over time.”
Steuerwald began working on a new bill in January 2022 to address the problems. That’s when he started meeting with Gov. Eric Holcomb's office and Indiana Supreme Court Justice Christopher M. Goff.
He also convened representatives from all corners of the criminal justice and health care systems, which resulted in support from groups that are often opposed to each other in the courtroom. Associations representing judges, public defenders, prosecutors, police officers and sheriffs testified in support during a House committee last week.
House Republican leadership introduced Steuerwald’s bill — House Bill 1006 — at the start of the current legislative session as one of their priority bills.
Why It Matters
Roughly 20,000 people are held inside Indiana's county jails on any given day, according to data contained within state inspection records. The population turns over quickly because jails are primarily temporary holding facilities, so the number of Hoosiers who end up behind bars each year is even higher.
If only a handful of counties were struggling to keep up with crowding and health care concerns, perhaps the state would not intervene.
One in five Hoosiers, though, experience a mental health issue each year, according to the state’s Behavioral Health Commission.
And jail overcrowding is widespread — with at least 70% of the people in Indiana's jails believed to have a mental illness or addiction, according to estimates by Indiana sheriffs.
Many simply need access to drug treatment and medicine, such as buprenorphine or methadone, which are used to treat opioid addiction. Even then, a great burden is placed on sheriffs who run the jails. They are tasked with finding medical providers and, in some cases, clearing space for health care and programming inside cramped, aging jails that weren’t designed for either. The alternative is another expensive proposition: asking local taxpayers to build bigger jails.
Additionally, a smaller but not insignificant number of people in jail have been diagnosed with a severe mental illness.
“With those individuals, they obviously require so much more one-on-one when you're taking care of them in the jail because they're susceptible to being taken advantage of and they have so many requirements,” Steuerwald told State Affairs. “It just takes an inordinate amount of resources in a jail setting.”
Resources — particularly staffing — are already hard to come by inside many jails. Staffing shortages are exacerbating other challenges around mental health and addiction.
And then when counties fail to provide the necessary resources, the outcomes can be devastating.
A yearslong IndyStar investigation in 2021, for example, found that Hoosiers were dying inside county jails on average every two weeks over more than 10 years. Not all of those deaths were the result of gaps in mental health treatment, but many were. The leading cause of death was suicide, IndyStar found, which amounted to 42% of the deaths. Three in four of those deaths occurred in jails that were flagged by state inspectors as overcrowded, understaffed or both.
And at least 19% of the deaths were directly tied to substance use, including overdoses.
What’s the Legislation?
One of House Bill 1006’s priorities is focused on mental health referrals for people who are in jail.
The bill would enable sheriffs, prosecutors and defense attorneys to petition the court to request a mental health assessment on someone who has been booked into jail.
After an assessment, a judge could refer a defendant to a mental health provider as a condition of release prior to a trial or plea agreement. The goal is for people to receive the treatment they need and for counties to absorb fewer costs associated with the burdens of overcrowded jails.
And if the defendant is accused of committing a violent crime, the services would occur inside a secure facility, such as ones operated by the Department of Correction or the Division of Mental Health and Addiction.
“We wanted to make sure they got treated but in a secure environment,” Steuerwald said. “We've made provisions for anybody with a mental illness to be treated.”
Nothing in the bill would interrupt the prosecution of a case, but Steuerwald said he expected someone’s mental health treatment would be factored into any considerations about plea agreements.
Just as importantly, counties would not be on the hook for paying the costs of mental health assessments. The state budget would pick up that tab, enabling smaller and rural counties to participate.
Asked if he’s faced any pushback from his colleagues in the House or Senate, Steuerwald told State Affairs: “None.”
“I've had full support from the speaker and Ways and Means from the very beginning of the process," he said. "When I said the sheriffs are making this request and it's long overdue that we help them, everybody has been supportive and said, 'Go ahead.’”
It’s unclear how much money is expected to be saved in local budgets or added to the state budget; the legislation does not specify, and neither the Indiana Sheriffs’ Association nor the Association of Indiana Counties were aware of those numbers.
State Rep. Jeff Thompson, the House budget writer, told State Affairs that he could not immediately recall the exact costs but did not anticipate any concerns over the amount.
The bill has a second priority clarifying language around immediate and emergency detentions, which are the processes used to detain someone against their will. For example, a law enforcement officer may use an immediate detention to bring someone threatening suicide into a medical facility.
The bill also would ensure that hospitals receive payment for detentions by noting in the law that the treatments are medically necessary. Right now, Steuerwald said, hospitals aren’t always being paid for the care.
Receiving Treatment
Even some supporters of the bill acknowledged one limitation, though.
Many Hoosiers lack adequate access to care for mental health and addiction. It’s particularly acute in rural areas, where treatment beds and providers have been scarce for years — for people both inside and outside of jail.
State Rep. Matt Pierce, D-Bloomington, voted for the bill but raised that concern.
"What I've been hearing for the last 10 years since we did criminal code reform is prosecutors and sheriffs saying, ‘I really wish I could put these people somewhere else where they could actually get their mental health or substance abuse disorders treated, but I just don't have anything around here,’” Pierce told State Affairs. “And then we complain about the jails being overcrowded.”
Pierce wants to see the General Assembly help fund an expansion of treatment for mental health and drug addiction.
Jay Chaudhary, director of the state's Division of Mental Health and Addiction, spoke to Pierce’s concerns during a House committee meeting last week.
“Do we have capacity right now to handle this? I don't think so,” Chaudhary said. “If we wait until we have capacity to tackle these issues, we'll just be waiting forever.”
What’s Next?
The bill is also supported by the Indiana Council of Community Mental Health Centers; Mental Health America of Indiana; the Coalition of Advanced Practice Nurses; and the Indiana Hospital Association.
It received unanimous support in the House on Tuesday with a 99-0 vote. It next heads to the Senate for consideration. Steuerwald said senators Freeman, Crider and Koch are sponsoring it.
Have questions or comments about the upcoming legislative session? Contact Ryan Martin on Twitter, LinkedIn, Facebook or at [email protected].)
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Header image: Indiana lawmakers hope to fix overcrowded jails and mental health treatment. (Credit: Brittney Phan)
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Here’s how to vote in Indiana’s primary election
Thousands of Hoosier voters will head to the polls Tuesday, May 7, for Indiana’s primary election. This year’s ballot includes a competitive contest for governor, as well as dozens of state and federal legislative races and a few school referenda. The primary will decide which candidates will represent their respective parties in the Nov. 5 …
$15B in 72 hours: ‘Our economy is on fire,’ says Commerce chief
A banner week for investment within Indiana has capped off the state’s biggest financial quarter in recent history, as three major companies agreed to deals estimated to bring in billions of dollars.
The state has long advertised itself as business-friendly, and its chief executive appeared thrilled by the week’s news.
“This is about $15 billion in about 72 hours,” Gov. Eric Holcomb told reporters on Friday. “This used to take four years to achieve.”
One announced project, an $11 billion Amazon Web Services data center in north-central Indiana, is the biggest single investment in the state’s history.
Google also broke ground on a $2 billion data center near Fort Wayne, while Toyota announced a $1.4 billion investment in its Princeton plant.
“Our economy is on fire,” Secretary of Commerce David Rosenberg said.
His agency, the Indiana Economic Development Corp., negotiated the deals. The state is offering millions of dollars in tax incentives in order to create some 1,500 new jobs.
“These industries bring generational change for families, putting more money in their pockets and allowing them the opportunity to have a better quality of life on their own,” Rosenberg said.
The projects
Amazon’s new data center will be built near New Carlisle. It’s expected to bring in at least 1,000 new jobs in the artificial intelligence and cloud storage sectors. No timetable for completion of the project was given.
According to Amazon, the company has invested $21.5 billion in Indiana since 2010, creating 26,000 full- and part-time jobs.
Google’s new data center will hire up to 200 new workers, the tech giant said, “in the coming years.”
Toyota will build a new assembly line that will assemble battery-operated SUVs by the end of 2025. It expects to add up to 340 new jobs to the plant, which Toyota said now employs more than 7,500.
The company has spent $8 billion on the Princeton plant since breaking ground in 1996, Toyota said.
The new projects’ figures represent early estimates and could change as they move forward.
Incentives aren’t the only factor
Rosenberg praised the Indiana General Assembly for passing legislation that allows the state to offer sales tax exemptions as a lure for new businesses. Both Amazon and Google will receive such boosts, and the Amazon project could receive up to $100 million in additional credits based on various incentives.
But Rosenberg stressed tax breaks are only part of the equation as the state looks to compete internationally.
“We don’t have to have the highest offer because we bring the university partners, the state and local governments, utilities — everyone around the table to make sure that company has what they need,” he said.
The Google project, for example, includes partnerships with Ivy Tech Community College on a new job training program and Indiana Michigan Power to bring clean energy resources to the local grid.
Recruiting new industries
Rosenberg said tech recruitment has been a particular focus for the IEDC, as Indiana is looking to provide an “ecosystem” for these companies to thrive off one another. The state’s semiconductor facilities will provide the materials needed for these new data centers, he noted.
Recruiting new business takes anywhere between six months to several years. Zoning, road construction, utilities and more need to be worked out ahead of time.
The IEDC has been on a hot streak, Rosenberg said. During the agency’s first 11 years, it secured just under $50 billion in new projects. It has now pulled in more than $71 billion since the beginning of 2022.
In the first four months of 2024, $20.68 billion has been pledged to projects in Indiana — the most for a quarter since IEDC’s founding in 2005.
‘Strong partners for the Indiana economy’
“The key is that these investments represent long-lasting and continued commitment to being strong partners for the Indiana economy,” said Andrew Butters, an associate professor of business economics and public policy at Indiana University’s Kelley School of Business.
Large companies came out of the pandemic looking to reorient their supply chains, Butters said, and some states have reaped the benefits of projects that might have previously moved overseas.
Indiana has been able to compete by selling its location, workforce, labor force participation in addition to offering incentives, Butters said.
“I would not be shocked to see more of these as the state attempts to transition toward more high-tech and high-skill industries,” Butters said.
Contact Rory Appleton on X at @roryehappleton or email him at [email protected].
6 races to watch in the Indiana primary election
The first openly competitive contest for the Republican gubernatorial nomination in a generation will end with Tuesday’s primary election, as will crowded races for several open congressional seats.
The primary won’t officially decide any political race — only the Nov. 5 general election can do that. But Republicans hold major advantages in statewide and many district-level contests, and who secures which nominations will go a long way toward deciding who may lead the state in the years to come.
>> Related: How does voting by political party work in Indiana?
Here are six key primary contests to watch on election night.
Governor
The race to be Indiana’s next chief executive has been perhaps the most noteworthy of the election cycle, with six Republicans bringing a variety of experience and outsider credentials to the competition.
Sen. Mike Braun has led in the polls from day one, including running up a 34 percentage-point lead in an April State Affairs/Howey Politics Indiana survey.
The other five candidates are: Lt. Gov. Suzanne Crouch, former Attorney General Curtis Hill, Indianapolis mom Jamie Reitenour and two former state secretaries of commerce in Brad Chambers and Eric Doden.
The winner of Tuesday’s Republican primary will face Democrat and former state Superintendent of Public Instruction Jennifer McCormick, who will advance for her party unopposed.
Republican candidates spent tens of millions of dollars in an attempt to stand out in their crowded pack. The primary race also featured four televised debates, including a chaotic final display on April 24.
U.S. Senate
Two Democrats are vying for the chance to replace Braun in the U.S. Senate: Former state Rep. Marc Carmichael and Valerie McCray, a clinical psychologist.
Carmichael has outspent McCray in the race by a margin of nearly $63,000 to $15,000.
Both are attempting to become the state’s first Democratic senator since Joe Donnelly’s election in 2012.
Rep. Jim Banks is running unopposed in the Republican primary.
3rd Congressional District
Banks’ entry into the Senate race leaves his seat in Congress open, and a bevy of Republicans are seeking to replace him: Grant Bucher, Wendy Davis, Mike Felker, Jon Kenworthy, Tim Smith, Marlin A. Stutzman, Eric Whalen and Andy Zay.
State Affairs has identified Stutzman, a former congressman; Smith, a self-funding former Fort Wayne mayoral candidate; and Davis, a former Allen County judge, as candidates to watch in the crowded race.
Kiley Adolph and Phil Goss are running against one another in the Democratic primary.
5th Congressional District
After initially deciding against another run, Republican Rep. Victoria Spartz reversed course to seek re-election in 2024.
Eight other Republicans are running against Spartz: Raju Chinthala, Max Engling, Chuck Goodrich, Mark Hurt, Patrick Malayter, Matthew Peiffer, L.D. Powell and Larry L. Savage Jr.
Goodrich, a member of the Indiana House of Representatives, has spent more than $2 million on TV ads as he seeks to unseat Spartz, according to AdImpact.
Two Democrats, Ryan Pfenninger and Deborah A. Pickett, are on the ballot.
6th Congressional District
Seven Republicans are attempting to replace retiring Rep. Greg Pence: Jamison E. Carrier, Darin Childress, Bill Frazier, John Jacob, state Sen. Jeff Raatz, Jefferson Shreve and state Rep. Mike Speedy.
Shreve, who ran unsuccessfully for Indianapolis mayor in 2023, has spent nearly $4 million — predominantly through TV advertising — in his bid.
Cynthia Wirth, whom Pence defeated by 35 percentage points in 2022, is running unopposed in the Democratic primary.
8th Congressional District
Republican Rep. Larry Bucshon is also retiring, and a dozen candidates in both parties are seeking to fill his seat.
On the Republican side, former Rep. John Hostettler, state Sen. Mark Messmer, former President Donald Trump White House staff member Dominick Kavanaugh and frequent Bucshon primary challenger Richard Moss are each making a push.
Fellow Republicans Jim Case, Jeremy Heath, Luke Misner and Kristi Risk are also running but trail the above pack in campaign spending.
Four Democrats are also seeking a nomination: Erik Hurt, Peter FH Priest II, Edward Upton Sein and Michael Talarzyk.
Contact Rory Appleton on X at @roryehappleton or email him at [email protected].
State Republicans keep spending to protect House incumbents in primary
House Speaker Todd Huston expressed confidence Tuesday that Republican House members will prevail over challengers in next week’s primary. Nineteen of the 63 House Republicans seeking reelection this year are facing primary races. Those challenges have been lower-key than two years ago when about two dozen candidates seized on COVID-19 discontent and other issues in …