Three Strikes and Habitual Offender Laws in Indiana

Indiana's habitual offender law adds a nonsuspendible extra prison term rather than creating a separate crime. A person convicted of murder or a Level 1 through Level 4 felony is a habitual offender if they have two prior unrelated felony convictions, at least one of which is not a Level 6 or Class D felony; the added term is 8 to 20 years. A person convicted of a Level 5 felony qualifies with two such priors, and a person convicted of any felony qualifies with three prior unrelated felonies; for these, if a prior was a Level 5 or 6 (or Class C or D) felony, no more than 10 years may have passed since release from prison, probation or parole on one of the priors. For a Level 5 or Level 6 felony the added term is 3 to 6 years. Each prior must have been committed after sentencing for the one before, and set-aside or pardoned convictions do not count.