Does a Level 6 Felony Indiana Go to Prison?

Inmate for Level 6 Felony in Prison

This year Governor Eric Holcomb signed a bill into Indiana law to rescind a 2014 decision to send low-level offenders to county jails. Starting last Friday, July 1, 2022, people convicted of a Level 6 Felony in Indiana now requires a prison sentence.

HB 1006 reduced the state's prison population and allowed the Indiana Department of Correction (IDOC) to eliminate some institutions, allowing convicted criminals to serve their time closer to home and family.

Budget Blow Ups

The proposal blew up sheriffs' budgets, overcrowded jails, and denied inmates state-level services and programs.

Some sheriffs claimed overcrowding forced them to expand their jails. They do not want people with a felony convictions in their jails. When the criminal code was changed on July 1, 2014, most Indiana county sheriffs were opposed. They did like if a person was convicted of a Level 6 felony, they could remain in the county jail.

Under House Enrolled Act 1004, Level 6 felons will be eligible for state prison as of July 1, 2022.

DOC listed 22,260 inmates; 1,811 were Level 6 inmates in county jails.

Elite Attorney Mark Nicholson

Elite Attorney Mark Nicholson said local jails lack facilities, programming, and services for long-term inmates. But, he still does not think sending people convicted of Level 6 felonies to prison is the best option. "Increasing resources to improve jail facilities is the better option," he said.

“Most jails in Indiana were built in the 1980s and '90s, so they were never built for programming; they were just designed to house people and send them off to prison,” he added. 

It is a sad state of affairs when lawmakers believe the best place for people to get mental health and other programs is in prison instead of jail.

However, courts still have the option to sentence someone convicted of a Level 6 Felony to the county jail. 

If you or a loved one have been charged with a Level 6 Felony, contact the Law Office of Mark Nicholson so he can fight for you. Call 317-219-3402.