Snow falls outside the Indiana State Prison in Michigan City. Legislation approved by the Indiana General Assembly would again allow judges to sentence individuals convicted of level 6 felonies to state prisons operated by the Department of Correction, instead of requiring they serve their time in a county jail. Jeff Dildine, file, The Times
State lawmakers have agreed to reverse a key component of Indiana's criminal justice reform initiatives enacted nearly a decade ago.
House Enrolled Act 1004 permits judges to sentence level 6 felony offenders to state prisons operated by the Department of Correction (DOC), replacing an existing mandate that individuals found guilty of minor felony crimes only serve their sentences in county jails.
Under the plan, it will be up to each judge to decide where a defendant convicted of a level 6 felony in connection with a crime occurring on or after July 1 should serve his or her time — which can range from six months to two-and-a-half years behind bars.
"The DOC has more capacity. Many local jails are suffering from overcrowding and this (housing level 6 felons locally) is complicating the issue," said state Sen. Eric Koch, R-Bedford, the sponsor of the measure.
Koch said the DOC also has more programs to help offenders get their lives back on the right track compared to the relatively slimmer rehabilitation services available at the jails in most of Indiana's 92 counties.
The nonpartisan Indiana Legislative Services Agency (LSA) declined to put a specific price tag on the added housing and transportation costs of going back to incarcerating level 6 felons in state prisons instead of county jails.
Records show DOC commitments fell by approximately 40% to an average of 8,840 a year, from an average of 14,760 a year, after the switch to housing level 6 felons in county jails took effect in mid-2015, as part of an effort to keep minor criminals better connected to their families and communities in the hope of reducing recidivism.
According to LSA, the minimum cost for each additional DOC inmate at an existing facility is $4,333 annually, not including any extra staff that may be required.
The Senate voted 46-3 Tuesday to send the legislation to Republican Gov. Eric Holcomb to be signed into law. It previously passed the House, 90-3.
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