Indiana
Indiana’s juvenile detention centers disproportionately detain Black boys
Patrick Collier and Cameron Washington practice a scene for a play
18-year-old Patrick Collier & 16-year-old Cameron Washington practice a scene for a play inside School 102 while Kareem Hines helps with their lines.
While the number of children charged with crimes in Indiana has decreased since 2010, the number of Black youth being detained without conviction still remains high.
Cameron Washington, 16, was one of those kids just three years ago.
He was sent to the Marion County Juvenile Detention Center, which sits right in the middle of the historically Black east side Martindale-Brightwood neighborhood, for a firearm charge.
“I have done things in my life I’m not proud of. I know what it is like on both sides of the fence. I know what it’s like to be behind a gun and I know the other side,” Washington said.
Washington was one of more than 400 kids in Indianapolis alone whose case was filed by the Marion County Prosecutors Office between January 2020 and March of 2022. There have been challenges tackling disparities in the juvenile justice system for decades and city officials, state lawmakers and local organizations’ next tasks have been trying to eliminate these inequities.
Previous Coverage: Juvenile injustice: Low-income families pay brunt of fees and fines that vary by county
New B.O.Y, new approach
Washington was instructed by the judge in his case to attend New B.O.Y. (Breed of Youth), a mentoring and development program after completing his probation for the firearm charge. The community-based program focuses on school-level intervention for at-risk youth, and works with those who have been in the system.
As is the case with Washington, the organization gets referrals from Marion County Juvenile Division.
“Once I make that phone call and do an intake for a young man, I’ll often hear parents say, ‘I wish we had known about you sooner,’” said Kareem Hines, New B.O.Y’s founder.
Hines said they will often get young men who are immersed in street culture and who have been affected by trauma and struggle to build new relationships.
“It’s hard for them to see outside their neighborhood, to even see past tomorrow,” Hines said.
Indiana juvenile detention rates for Black youth
There are more than 515,000 white youth and more than 93,000 Black youth younger than 18 in the state. While the rate of arrests is relatively the same across racial lines, Black youth charged with a crime have a 30% chance of being detained compared to 15% of white youth, according to the 2022 Indiana Juvenile Justice Racial and Ethnic Disparities Plan.
What is unknown in the data set examined by the plan is what specific crimes were committed, which would impact detention rates.
What the data does show is white youth are diverted out of the juvenile justice system more often than African American youth, making them less likely to have a juvenile record or become repeat offenders.
A short stay in detention has been associated with serious harm to a youth’s mental and physical well-being, stifled education, reduced employment prospects and further justice system involvement, according to a recent report from the Annie E. Casey Foundation, a private philanthropy that focuses on developing solutions for problems like youth detention.
One of the foundation’s calls to action would be to invest in partnerships with community-based organizations like New B.O.Y.
“Having mentors like Kareem, who has been like a father figure in my life, built me up and changed my mindset. They’re elevating me to things that I never thought I could do before,” Washington said. “Now, I’m able to talk to my community and hold stakeholders accountable for the decisions they make that affect kids and that’s powerful.”
Lawmakers have also made efforts to address the high rate of youth incarceration in Indiana.
Lawmakers pass juvenile justice legislation
In 2022, Gov. Eric Holcomb signed House Bill 1359 into law, a package of juvenile justice policy reforms aimed at improving youth outcomes and using state resources more efficiently. The legislation mandates using risk assessment tools to divert youth away from the system to achieve more consistent and equitable decisions.
It also recommends not detaining children under 12 years old when possible and requires the development of a statewide plan to collect and track key juvenile justice data, according to the Justice Center of the Council of State Governments.
Almost half of U.S. states, including Indiana, do not have a minimum age for juvenile adjudication, which means they can detain children of any age. The National Juvenile Justice Network recommends all states set the minimum age of prosecution at no lower than 14 in accordance with the standards set forth by the United Nations Convention on the Rights of the Child.
For the 2022-23 school year, the youngest student arrested on school grounds in Indiana was 8 years old.
A total of 155 children, aged 12 and under, were arrested at schools that year.
On the prosecution side of juvenile justice, at least in Marion County, their focus is keeping kids accused of lower-level offenses from going the traditional criminal route.
There were signs of sexual abuse at youth center. State kept sending boys and money anyway.
“I think we’ve done a pretty good job of trying to keep the lower-level stuff out of the juvenile justice system,” Marion County Prosecutor Ryan Mears, who stepped into the role in 2019, said.
“We’ve really tried to increase our robust relationships with the schools to make sure that we can identify kids who are maybe going on the wrong path or don’t have the support they need.”
According to the Marion County Probation Department, 726 youths were sent to juvenile detention last year. In 2022, that number was just below 600.
Mears said the reason for the uptick can be traced to an increase in youth being arrested for more serious crimes.
“We are seeing an increase in gun crimes and gun violence,” Mears said. “The No. 1 charge that we have right now in our juvenile court is dangerous possession of a firearm, which is anyone under 18 having a gun. That’s by a pretty significant margin.”
Black youth were eight times more likely to be shot in Indianapolis compared to youth of any other race or ethnicity, according to data compiled by the Indianapolis Gun Violence Project for the first half of 2023.
The prosecutor said the vast majority of juvenile cases that have come across his desk in the last year and a half have been African American boys.
That’s by design says Anthony Beverly, who has been the executive director for Stop the Violence Indianapolis, Inc. for nearly two decades.
Law prompted by IndyStar/ProPublica reporting increases scrutiny of abuse at youth centers
“These systems are messing up our guys, racist policies that are designed to keep their foot on the necks of Black people and people in poverty,” Beverly said. “We look at the gun violence and yet we change a law that says you can have a gun at 18. You can’t buy cigarettes, you can’t go to the club to drink alcohol but you can have a gun. Make it make sense.”
Beverly runs multiple community programs for teen boys, including one that advocates for kids in the courtroom – even if they don’t want the help at the time.
“Street culture has taken over everything in these kids’ lives and it’s been exacerbated through music and social media,” Beverly said. “Social media is a big issue. One of the things that’s most notable is this idea that if you claim to be a tough guy you have to prove it.”
He often tells the boys in his programs that the world is bigger than their neighborhood, but he knows that notion is harder for them to understand when the neighborhood has been their whole world.
Washington, the teen in New B.O.Y, and a few other boys in the program spoke about their experience at an April 30 meeting hosted by the Marion County Public Health Department. The public meeting, organized to address youth gun violence, was held at Martin University, the state’s only predominately Black institution, located in Martindale-Brightwood.
Hines with New B.O.Y wants community leaders to change their approach when it comes to creating real connections with youth because even with so many organizations, he feels there’s a disconnect.
“There has to be an intentional ecosystem that includes the kids, but we have to go where the kids are,” Hines said at the meeting. “We have to stop inviting them to these high-level meetings using some language that goes over their heads just to be transactional.”
Teens from New B.O.Y. start CC Cares nonprofit and host food giveaway
New B.O.Y. mentoring program helps young men “turn pain into purpose,” like two teens who started a nonprofit after respective struggles with DCS and the juvenile justice system.
A part of that ecosystem includes lawmakers, and even with data still being collected, Hines wants to make sure that Indiana’s juvenile justice plan keeps in mind the racial and ethnic disparities of Black youth in the system when coming up with recommendations for solutions.
At the core, Washington feels like a lot of adults don’t understand the reality of young people’s lives and that’s why he wanted to create a non-profit as his way of helping his peers.
“Because no one gave to us in the system, but we’re feeding into our community,” Washington said. “Like a seed, we water the seed, we feed the seed and it grows.”
New B.O.Y is helping them get there.
Jade Jackson’s reporting on was undertaken as a USC Annenberg Center for Health Journalism grantee of its 2023 Impact Fund for Reporting on Health Equity and Health Systems. Contact Jade Jackson at Jade.Jackson@IndyStar.com. Follow her on Twitter @IAMJADEJACKSON.
Indiana
College sports wants Congress’ help. Why Indiana Sen. Todd Young voted against bill
The Protect College Sports Act, legislation meant to introduce and codify sweeping reforms related to college athletics, passed out of the Senate Commerce Committee on Thursday morning.
It now heads to the Senate floor.
The bill passed out of committee by a 19-9 vote. Indiana Republican Sen. Todd Young voted no, his decision reflecting Big Ten concerns over the bill.
A spokesman for Sen. Young told IndyStar, “Senator Young hopes that additional changes can be made to the bill to address concerns raised by the Big Ten.”
Co-sponsored by Ted Cruz (R-Texas) and Maria Cantwell (D-Washington), the Protect College Sports Act represents Congress’ most substantial success so far in a yearslong effort to bring legislative reform to college athletics. Since before the COVID-19 pandemic, leaders in college sports — including the NCAA, member conferences and schools, and other major players — have lobbied for national solutions to what have become state and regional problems.
Several pieces of legislation have been introduced across the last several years, only to fizzle long before reaching the floor of either chamber. The SCORE Act, introduced last year in the House of Representatives, gained some traction and passed out of committee, but was never brought to the floor.
Which makes Thursday’s news meaningful. Moving the Protect College Sports Act to the Senate floor, while not a guarantee of any outcome, potentially takes the bill past a threshold no other such piece of reformative legislation has yet been able to cross.
Cruz told Yahoo! Sports’ Ross Dellenger on Thursday that Cruz believes Sen. Majority Leader John Thune (R-S.D.) is committed to introducing the bill to the Senate floor soon.
The bill provides a legal framework for a host of potential reforms and protections for college sports. It grants limited antitrust protection to the NCAA, places limits on certain things including potential conference realignment, builds safeguards meant to protect non-revenue and Olympic sports, addresses potential broadcast rights reforms, and more.
It enjoys significant backing, and not just among leaders in college sports. This week, the NFL, its players’ association, the National Basketball Players Association and Major League Baseball all voiced their support for the bill.
Two key constituencies not in lockstep on the bill voiced their own concerns Thursday.
In a joint statement issued just after 10 a.m. Thursday, the Big Ten and SEC — far and away the two most powerful conferences and arguably two greatest power centers, full stop, in college athletics — suggested they still hold significant reservations over the bill.
“From the outset, we identified a set of essential revisions to the PCSA necessary for the long-term sustainability of college athletics,” the statement read. “We have worked with both majority and minority staff to advance those revisions, which focus on better supporting student-athletes and stabilizing the college sports environment. We continue to believe revisions are needed to secure our support for the bill.
“Despite our sustained engagement and good faith efforts, these critical revisions have not been accepted.”
The statement went on to note the “several Commerce Committee members that share our concerns and support these recommendations.”
Young is one of several members of the committee representing a Big Ten state, including one of three Republicans. He is the only Republican member of the committee whose state contains multiple schools in the conference.
Allowing for those reservations, Thursday’s news is still significant. It marks the first time a bipartisan bill on the subject has reached this point in the Senate and, should it be brought to the floor, it would be the first such legislation to reach that stage, in either chamber.
The bill could be brought to the Senate floor as early as July, though that timeline remains fluid.
Indiana
State regulators OK $71 million rate increase for AES Indiana
(INDIANA CAPITAL CHRONICLE) – The Indiana Utility Regulatory Commission voted 3-1 Wednesday to approve a $71 million electricity rate increase for AES Indiana customers.
That is about 37% of what the utility initially requested and lower than a settlement agreement proposed in October.
Neither Gov. Mike Braun nor consumer advocates are happy with the outcome.
“My top priority is affordability, which is why I am deeply disappointed by the IURC’s approval of another AES rate increase,” he said. “Hoosiers have spent years tightening their belts and making tough financial decisions. It’s time for utility companies to do the same.”
Members of the commission didn’t explain their votes Wednesday. IURC Chair Andy Zay focused his remarks on the process.
“There’s a lot of eyes on this order and what we’re doing today,” he said. “What is before you on the floor is a nearly a year’s worth of work, evidence, deliberations, and considerations that bring us to this moment in this decision. None of this was taken lightly. I want to thank my colleagues for the patience and working through this amongst the auspice of affordability, which is certainly a hot topic now, as well as the resiliency, reliability that we see in this increased demand in electricity.”
The Office of Utility Consumer Counselor last year recommended that state regulators deny AES Indiana’s request for a $193 million base rate increase — instead proposing a $21 million reduction in current rates.
“The AES rate order issued today is an outrage and Hoosiers deserve better!” Counselor Abby Gray said in a statement Wednesday. “Governor Braun has made it clear that ratepayer affordability is a priority, far more than just a ‘hot topic’ as described by the chairman of the IURC today. This order fails the governor’s call to overhaul how utilities are regulated in order to lower bills for ratepayers.”
Gray’s office represents Hoosier ratepayers in regulatory cases.
“The order approves a substantial profit margin for shareholders in addition to a rate increase for customers,” she continued. “It even requires ratepayers to pay approximately $3 million to AES lawyers and experts.”
AES Indiana provides electricity service to about 490,000 homes and businesses in Indianapolis and some nearby areas.
The utility originally sought $193 million in rate increases. The previously proposed settlement agreement dropped that to $91 million, while the final, approved settlement agreement lands at $71 million.
Three IURC members supported the increase: Zay, David Veleta and David Ziegner.
Commissioner Bob Deig voted no. A fifth member, Anthony Swinger, recused himself because he worked on the case previously when he was on the consumer counselor’s office staff.
Ben Inskeep, program director for ratepayer advocacy group Citizens Action Coalition, said utilities across the country often ask for a larger increase than they need, knowing that regulators will disallow “roughly half” of it.
“The latest AES Indiana fuel adjustment clause proceeding shows AES Indiana is actually not only earning all of their allowed profit but over-earning by $19 million their return amount,” he said. “They’re already extremely financially successful at this moment in time, so it’s rather bizarre to even get an extra $71 million dollars approved here.”
Inskeep also noted that the increases will fall disproportionately on residential customers over commercial and industrial users.
Brandi Davis-Handy, president of AES Indiana, said the company has maintained some of the lowest rates in the state for more than a decade “through disciplined planning and a focus on efficiency. We applied the same approach here by working closely with stakeholders to make balanced decisions that keep the system reliable, limit customer impact, and align with the state’s energy pillars.”
AES said for a typical residential customer using 1,000 kilowatt-hours per month, the increase will be less than $5 per month per phase. Phase one rates will be implemented in July 2026 and phase two rates will be implemented in January 2027.
The final order says the utility “will not seek to implement a change in basic rates and charges as a result of its next base rate case before January 1, 2030.”
A new law, however, requires all utilities to file a multi-year rate case in 2029, though implementation wouldn’t happen until 2030.
Indiana
Indiana AG seeks execution date for death row inmate convicted in 2010 killings of two children
Indiana Attorney General Todd Rokita on Wednesday asked the Indiana Supreme Court to schedule the execution of death row inmate Jeffrey Weisheit.
The filing came just eight days after the U.S. Supreme Court declined to intervene in Weisheit’s case.
He was sentenced to death in 2012 for the murders of 5-year-old Caleb Lynch and his 8-year-old sister, Alyssa Lynch, who were killed in a Vanderburgh County house fire in 2010.
In a verified motion filed with the state’s high court, attorneys for the state argued that Weisheit has exhausted all available avenues of review and that no active stay remains in place to prevent his execution.
The state requested that the court set an execution date 30 to 45 days after granting the motion.
“For more than 15 years, the family of these two innocent children has waited for justice,” Rokita said in a Wednesday statement. “A jury lawfully convicted Weisheit and sentenced him to death. That sentence has been upheld through every level of the judicial system. It is long past time to carry out the sentence.”
Weisheit killed the children during the early morning hours of April 10, 2010, according to court records. Prosecutors said he “hog-tied” Caleb and placed railroad flares in the boy’s underwear before igniting them and fleeing the home. Alyssa was also inside the residence when the fire spread through the house, killing both children.
Authorities later apprehended Weisheit in Kentucky after a high-speed chase. Court records indicate he threw a knife at pursuing officers before being taken into custody.
A Vanderburgh County jury convicted Weisheit in 2012 of two counts of murder and recommended a death sentence after finding multiple aggravating circumstances, including that both victims were younger than 12 years old. The trial court subsequently imposed the death penalty.
The case has spent more than a decade moving through state and federal courts.
The Indiana Supreme Court upheld Weisheit’s convictions and death sentence in 2015. His request for post-conviction relief was later denied, and the state’s high court affirmed that decision in 2018.
Weisheit then turned to federal court, filing a habeas corpus petition in the U.S. District Court for the Southern District of Indiana in 2020. The petition was denied in 2022, and the U.S. Court of Appeals for the Seventh Circuit affirmed the decision last August before rejecting a rehearing request the following month.
The U.S. Supreme Court declined to hear the case on June 8.
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