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 6840 NOTE PREPARED: Dec 29, 2021
BILL NUMBER: SB 181 BILL AMENDED:
SUBJECT: Department of Correction Matters.
FIRST AUTHOR: Sen. Freeman BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill has the following provisions:
A. Lifetime Parole – It establishes certain conditions of parole for a person on lifetime parole and
makes the violation of parole conditions and commission of specified other acts by a person on
lifetime parole a Level 6 felony, with an enhancement to a Level 5 felony for a second or subsequent
offense.
B. Partial Calendar Day – It provides that, for purposes of calculating accrued time and good time
credit, a calendar day includes a partial calendar day.
Effective Date: July 1, 2022.
Explanation of State Expenditures: Lifetime Parole – Any added population to DOC should be minor.
Between FY 2018 and 2021, 14 persons have been convicted and sentenced for violating these parole
conditions when they were on lifetime parole. This is an average of 3.5 person per year. DOC reports that
over 700 persons have been placed on lifetime parole on November 2, 2021. The Parole Board would also
be permitted to adopt rules to impose additional conditions of lifetime parole.
Partial Calendar Day – Depending on how frequently courts currently use a partial calendar day as a full
day for determining pretrial credit, this provision could slightly reduce confinement of persons who are
committed to DOC facilities for a part of their executed sentence.
Additional Information – A Level 6 felony is punishable by a prison term ranging from 6 to 30 months, with
an advisory sentence of 1 year, and a Level 5 felony is punishable by a prison term ranging between one and
five years with an advisory sentence of three years. The sentence depends on mitigating and aggravating
SB 181 1 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
The entire Level 6 sentence may be suspended, and the person placed on either probation or community
correction. If no time is suspended, the offender can receive good time credit of 50% and educational credit
time. Offenders sentenced for Level 5 felonies can receive good time credit of 25%. After adjusting for credit
time, the offender can be released from prison and placed on parole.
Explanation of State Revenues: Lifetime Parole – 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 any 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: Partial Calendar Day – Depending on how frequently courts
currently use a partial calendar day as a full day for determining pretrial credit, this provision could slightly
reduce confinement of persons who are committed to county jails as part of their executed sentence.
Lifetime Parole – When defendants are detained in county jails prior to their court hearings, local
expenditures for jail operations can increase. 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.
Explanation of Local Revenues: Lifetime Parole – 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, Indiana Parole Board.
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; Adams v. State 18A-CR-1544
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
SB 181 2