I don't often go to criminal court, but I was there this morning. I saw an issue raised today that I haven't blogged about recently So I thought I would revisit it.
Quite often in Marion County, the probation department will make as a standard condition that defendants agree to not consume alcohol during their probation. Very often though the crime will have absolutely nothing to do with alcohol consumption. A defendant today had a drink on Valentine's Day with his fiance and was shortly thereafter hit with a test showing he was positive for alcohol consumption. Even though his offense had nothing whatsoever to do with alcohol consumption, the probation department argued for a probation violation and that the defendant spend some time in jail for breaking their rules by having a drink.
If you wonder why our jails are too full, it is because of policies like the standard non-consumption of alcohol policy used by the probation department. In addition to being bad policy that leads to jail overcrowding, the policy is also illegal. Indiana law, specifically IC 35-38-2-2.3(a)(14), requires that any additional probation requirement beyond those listed in the code (such as a prohibition on alcohol consumption) be "reasonably related to the person's rehabilitation." If the person's offense isn't related to alcohol, and there is no showing that the person has an alcohol problem, how is an alcohol prohibition "reasonably related to the person's rehabilitation?"
It's a shame that so many of those who work in the criminal justice system don't bother to read the laws they enforce.
See also: Probation Revocation For Drinking a Beer, May 29, 2009