LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6196 NOTE PREPARED: Mar 3, 2022
BILL NUMBER: HB 1079 BILL AMENDED: Feb 17, 2022
SUBJECT: Elements of Rape.
FIRST AUTHOR: Rep. Negele BILL STATUS: Enrolled
FIRST SPONSOR: Sen. Bohacek
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill provides that a person commits rape if the person engages in sexual
activity with another person and the person disregards the other person's attempts to refuse the person's acts.
Effective Date: July 1, 2022.
Explanation of State Expenditures: Any increase in DOC’s population due to this bill should be minor.
Between FY 2015 and FY 2021, DOC received commitments of between 26 and 50 persons each year for
rape that would be either a Class B (under prior law) or a Level 3 felony (under current law). Of the 236
persons who were convicted and sentenced for rape as a Level 3 felony between FY 2015 and FY 2021, 92%
were confined in a DOC facility with an average executed sentence of 8.3 years.
A Level 3 felony is punishable by a prison term ranging from 3 to 16 years, with an advisory sentence of 9
years. The sentence depends on mitigating and aggravating circumstances. The average expenditure to house
an adult offender was $24,506 annually, or $67 daily, in FY 2021. (This does not include the cost of new
construction.) If offenders can be housed in existing facilities with no additional staff, the marginal cost for
medical care, food, and clothing is approximately $4,333 annually, or $11.67 daily, per prisoner. These
marginal cost estimates are based on contractual agreements with food and medical vendors and projections
based on prior years for clothing and hygiene. The estimated average cost of housing a juvenile in a state
juvenile facility was $133,799, or $366.32 daily, in FY 2021. The marginal cost for juvenile facilities was
$4,891 annually or $13.40 daily
Persons with prior felony convictions who are sentenced for Level 3 felonies that are neither drug dealing
nor drug possession offenses under IC 35-48-4 must be sentenced to a minimum 3 year sentence before any
HB 1079 1 portion of the sentence may be suspended. The person may then be placed on either probation or community
corrections for the remainder of the suspended time. If no time is suspended, offenders can receive good time
credit of 25% and educational credit time. Upon release, offenders can be placed on parole.
Explanation of State Revenues: If additional court cases occur and fines are collected, revenue to both the
Common School Fund and the state General Fund would increase. The maximum fine for a Level 3 felony
is $10,000. Criminal fines are deposited in the Common School Fund.
If the case is filed in a circuit or superior court, 70% of the $120 criminal costs fee that is assessed and
collected when a guilty verdict is entered would be deposited in the state General Fund. In addition, some
or all of the following revenue is deposited into the state General Fund: automated record keeping fee ($20),
judicial salaries fee ($20), public defense administration fee ($5), court administration fee ($5), judicial
insurance adjustment fee ($1), and the DNA sample processing fee ($3).
Explanation of Local Expenditures: If more defendants are detained in county jails prior to their court
hearings, local expenditures for jail operations may increase. Ninety-two percent of the persons who were
convicted and sentenced for rape as a Level 3 felony were confined to a county jail before trial. The average
cost per day is approximately $54 based on the per diem payments reported by U.S. Marshals to house
federal prisoners in 16 county jails across Indiana during federal FY 2017. In addition, all persons convicted
and sentenced for rape as a Level 3 felony are monitored by county sheriffs as registered sex offenders and
64% of these 236 Level 3 felons were supervised by either community corrections agencies or probation
departments.
Explanation of Local Revenues: If additional court actions occur and a guilty verdict is entered, local
governments would receive revenue from the following sources. The county general fund would receive 27%
of the $120 criminal costs fee that is assessed in a court of record. Cities and towns maintaining a law
enforcement agency that prosecutes at least 50% of its ordinance violations in a court of record may receive
3% of the criminal costs fee. Persons found guilty of a felony or misdemeanor are also required to pay the
document storage fee ($5), which is deposited into the clerk record perpetuation fund, and the jury fee ($2)
and the law enforcement continuing education fee ($4), which are both deposited in the county user fee fund.
State Agencies Affected: Department of Correction.
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources: Department of Correction; U.S. Department of Justice Marshals Service; Abstracts
of Judgment, Indiana Supreme Court.
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
HB 1079 2