Hoping the media or court site will have clarification as to how much actual time he will serve. Court site has not been updated to reflect the sentencing. I am attaching the plea that shows the counts, description and felony level (either 5 or 6) with 6 being the lowest level felony in Indiana. (Attachment is at bottom of post)
Here is some information on sentencing guidelines and credit time.
Overview
In July 2014, Indiana made changes to the Indiana Criminal Code. Before these changes, Indiana utilized an A–D classification system for felonies.
The new system involves six classes of felonies, Level 1 being the most severe and Level 6 being the least.
The Code specifies a range of fines and sentences for each level of offense.
Each felony-level also has an advisory sentence.
This sentence is used as a guideline that the court may but is not required, to consider when imposing punishment.
The judge may use the advisory sentence as a starting point, adding more or less time depending on the aggravating and mitigating circumstances.
Indiana Sentencing Chart
Level | Sentence Range (Min.–Max.) | Advisory Sentence | Potential Fine |
Murder | 45 – 65 years* | 55 years | $0–$10,000 |
Level 1 | 20–40 years | 30 years | $0–$10,000 |
Level 2 | 10–30 years | 17.5 years | $0–$10,000 |
Level 3 | 3–16 years | 9 years | $0–$10,000 |
Level 4 | 2–12 years | 6 years | $0–$10,000 |
Level 5 | 1–6 years | 3 years | $0–$10,000 |
Level 6 | 6 months–2.5 years | 1 year | $0–$10,000 |
A Misdemeanor | 0 – 365 days | NA | $0–$5,000 |
B Misdemeanor | 0 – 180 days | NA | $0–$1,000 |
C Misdemeanor | 0 – 60 days | NA | $0–$500 |
* Possibility of the Death Penalty or Life without Parole
Suspension of Sentences
When a sentence is “suspended,” the court places the offender on a term of probation rather than requiring them to serve the sentence in prison.
A judge may suspend all or part of the sentence at their discretion. Not all sentences are suspendable.
If someone is given a suspended sentence and put on probation and violates the terms of the probation, they may be required to serve up to their entire suspended portion of their sentence.
Murder and Level 1 Felonies
A judge may only suspend the part that is over the minimum sentence. For example, if you are sentenced to 30 years, only 10 of those years may be suspended, leaving you with a minimum, 20 years.
Level 2 and Level 3 Felonies
Except for Level 2 and Level 3 felonies involving controlled substances, a judge may only suspend the part that is more than the minimum sentence if you have a prior unrelated felony conviction.
If you have a prior conviction under
Indiana Code 35-48-4-1.1 or 35-48-4-1.2 the judge may only suspend the part that is more than the minimum sentence on Level 2 or Level 3 felony controlled substance offenses as well.
Level 4, 5, and 6 Felonies and Misdemeanors
These felonies are not subject to the prohibition on the suspension of sentences.
The judge may elect to suspend the entire sentence except for
mandatory jail on OVWI if you have had a prior OVWI conviction.
Credit Time
Indiana gives credit time, depending on the felony level, for:
- Days spent confined while waiting for trial or sentencing,
- Days of good behavior while imprisoned for a crime, and
- Educational credits and other programming in the Indiana Department of Corrections.
Credit time is classified as A–D.
Class A
Class A is for all non-credit restricted felons receiving a sentence for a Level 6 felony or misdemeanor. The credit time is one day of credit for one day served.
Class B
Class B is for all non-credit restricted felons receiving a sentence for Level 1–5 felonies or murder. The credit time is one day of credit for three days served.
Explore Indiana's criminal sentencing guidelines and key factors shaping sentences for different offenses. Learn more...
www.eskewlaw.com
My guess is he will end up being housed at New Castle which is where a lot of Indiana's male sex offenders go after they are classified at the Plainfield Reception Diagnostic Center. New Castle is a privately run but state owned facility. It has a program called INSOMM-Indiana Sex Offender Management and Monitoring. John D. Miller (victim April Tinsley, Ft. Wayne) and Michael Plumadore (victim Aliahna Lemmon, Ft. Wayne) are both housed there.
www.in.gov