The Lake County Council unanimously voted Thursday in favor of a resolution calling on state lawmakers to approve House  Bill 1076, which encourages police to issue a court summons for nonviolent misdemeanors, including marijuana possession, instead of arresting and jailing the alleged perpetrator. Staff photo by Dan Carden
The Lake County Council unanimously voted Thursday in favor of a resolution calling on state lawmakers to approve House Bill 1076, which encourages police to issue a court summons for nonviolent misdemeanors, including marijuana possession, instead of arresting and jailing the alleged perpetrator. Staff photo by Dan Carden
CROWN POINT — The Lake County Council is wholeheartedly on board with a proposed state law encouraging police to routinely issue court summons for nonviolent misdemeanor crimes, instead of hauling the alleged perpetrators off to jail.

The bipartisan council unanimously endorsed House Bill 1076 (http://iga.in.gov/legislative/2020/bills/house/1076) Thursday, and called on the Indiana Senate to promptly advance the legislation to the governor after it cleared the House, 97-1, on Jan. 28.

A council resolution supporting the measure notes it would help reduce county jail overcrowding across Indiana and prevent misdemeanor offenders from losing their jobs, or suffering other consequences, because they were stuck in jail unable to make bail.

In addition, Lake County taxpayers would save the cost of paying to incarcerate people nabbed in Indiana for possession of marijuana they purchased in Illinois or Michigan, where recreational marijuana is legal, according to the resolution.

Council President Ted Bilski, D-Hobart, and the council's attorney, Ray Szarmach, said the state proposal is superior to a county ordinance they've been crafting, authorizing police to issue tickets for marijuana possession, because the state legislation allows police to issue summons for all nonviolent misdemeanors.

"It's going to do more to decrease the jail population than our ordinance would have," Szarmach said.

As a result, Bilski said he's putting the county marijuana ticketing ordinance "on ice" until he sees what the Indiana Senate does.

Bilski and Szarmach also observed the county's ordinance was likely to trigger a court battle with Indiana's attorney general, who doubts its legality, which would have consumed in attorney fees much of the money the county hoped to save by issuing tickets for marijuana possession.

The council voted 6-0 to send a copy of its resolution endorsing House  Bill 1076 to lawmakers representing Lake County at the Statehouse.

Council members also plan to personally lobby senators to approve the measure when they're in Indianapolis next week for the annual Association of Indiana Counties meeting.
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