The Indiana Senate Committee on Corrections and Criminal Law recently approved Senate Bill 200. This bill targets any Indiana ‘noncompliant’ prosecutors who decline to charge certain categories of crimes. Senator Mike Young (R), the committee chair and sponsor of the bill, says that the bill is not a direct response to Prosecutor Ryan Mears’ announcement. Prosecutor Mears announced he would not prosecute simple marijuana possession charges back in 2019. He cited a lack of staff, but included that he thought possession charges didn’t need to be prosecuted and charged. However, those who oppose SB 200 say this bill is in direct response to Prosecutor Mears. And many critics have since expressed serious concern for the implications of such legislation.
History
In September of 2019, Marion County Prosecutor Ryan Mears’ made a statement he and his office would not prosecute those charged with marijuana possession of one ounce or less. This is because Prosecutor Mears said he wants to focus on the real issues that face the capitol’s community. In his eye, possessing a small amount of marijuana is not one of those real issues. Initial pushback came from law enforcement, who said that they would carry on as usual.
Cannabis in any form is illegal within the state of Indiana. But Mears think it is a waste of time to go after minor possession offenses. “It clogs up the court calendars, and it disrupts people’s lives,” Mears said. “When you get arrested and you get charged, and you have to come Downtown. That’s a stressful situation for anyone. It makes people miss work. They have to pay fees, or pay for an attorney. If we’re going to end up dismissing 81 or 82 percent of the cases, it does not make sense to file a case.”
Law enforcement continues to operate like Prosecutor Mears’ statement never happened. The police announced they intended to continue with, “Business as usual” to make sure the law is followed. The prosecutor’s office can’t control the law enforcement procedures, and at the end of the day, officers will use their own discretion when it comes to charging civilians and writing cases and summons.
Many lawmakers support the stance of the police. “We have a system in this country. If you don’t like the law, you come to the Legislature and get it changed. That’s how you do it,” Senator Young said in response to Prosecutor Mears’ statement. “Indiana prosecutors [have] responsibilities and duties…to prosecute the law.”
Senate Bill 200
This brings us back to SB 200. Back in 2020, Senator Young introduced SB 436 to also remove ‘noncompliant’ prosecutors. However, the Covid-19 pandemic tabled the bill. Now that precautions are in place and business can continue, SB 436 returned to the Senate as SB 200. SB 200 states: “‘Noncompliant prosecuting attorney’ means a prosecuting attorney who has implemented a policy of categorically refusing to enforce a criminal law enacted by the general assembly.”
Only industrial hemp like Delta 8 THC and CBD is legal in Indiana. This means a product must contain less than 0.3 percent of Delta 9 THC. Delta 9 is the main psychoactive cannabinoid in marijuana. Because of Prosecutor Mears’ refusal to prosecute simple possession charges, his actions would fall under this new senate bill.
For example, if a prosecutor does not pursue all possession charges, the Senate could then go to the Attorney General. The Attorney General would receive full authority to hire an outside attorney to prosecute the ‘noncompliant’ prosecutor. If found guilty of not pursuing charges, the ‘noncompliant’ prosecutor would be replaced with a new prosecutor chosen by the Attorney General.
Concern
The potential danger for this is loud and clear. If a Republican Senate member doesn’t like what a Democratic Prosecutor is doing in another county or city, then the Senator can go to the Attorney General to remove the prosecutor and replace them with a someone more aligned with their party ideals. While it’s a much longer process than described above, the potential is there. Indiana is already a predominantly Republican state with major cities like Indianapolis, Gary, Fort Wayne, and Evansville being democratic hubs.
Committee members who voted for SB 200 have voiced concerns and want to discuss the bill as a whole chamber. SB 200 did not receive any positive testimony. However, several testimonies spoke in opposition of the bill. Surprisingly, the Indiana Public Defender Council and the Indiana Prosecuting Attorneys Council (IPAC) spoke in opposition. The IPAC executive director, Dave Powell, noted such a stance is rare.
“You know, if the General Assembly wants us to prosecute everything, all the time, then give us the money and resources to do that,” Powell said.
The next step for SB 200 is a full Senate chamber discussion and debate. However, a date for this hearing is not currently available. As more information becomes available on Indiana ‘noncompliant’ prosecutors, we will update you with the latest.
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